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HomeMy WebLinkAbout02-03-94 . a 4 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES .FEBRUARY 3,1994 The meeting was called to order by Chair Holberg at 7:00 p.m. in the City Ha11 Council Chambers. Roll call of members was taken. Present: Whitehouse, Steigerwalt, Holberg, Smith, Miller. Absent: Luick. Also present: Robert Erickson, City Administrator; Roger Knutson, City Attorney; Michael Sobota, Community and Economic Development Director; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Jeff Oliver, Assistant Engineer; David Licht, NAC; Mira Holliday, Recording Secretary. The minutes of the January 20, 1994 Planning Commission meeting were approved as printed. ITEM 4 The public hearing to consider the application of Larry Lulf for the vacation. of an existing drainage and utility easement on land located at 16560 Kenreel Avenue was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented an overview of the proposed vacation, outlining the planning report dated January 27,1994. He explained that Mr. Lulf owns Lot 10, Block3, Lakeville Hills and the City owns adjacent Lot 11 to the north. He stated there is a wetland located over the northeasterly two-thirds of Lot 11. Mr. Lulf would like to purchase the portion of Lot 11 that does not include the wetland and combine it with Lot 10. He plans to construct a garage addition north of his house that would meet building setback requirements. As a requirement of the purchase agreement with the City, Mr. Lulf has requested the vacation of the existing drainage and utility easement that is centered over the shared lot line. He will dedicate a ten foot wide drainage and utility easement along the proposed new shared lot line. Mr. Morey stated that staff recommends approval of the drainage and utility easement vacation request. The Commission held a brief discussion. 94.17 Motion was. made by Dennis, seconded by Smith to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.18 Motion was made by Steigerwalt, seconded by Miller to recommend approval of the application of Larry Lulf for the vacation of an existing drainage and utility easement on land located at 16560 Kenreel Avenue subject to the • planning report dated January 27,1994. r, • PLANNING COMMISSION MEETING MINUTES FEBRUARY 3,1994 PAGE 2 Roll call was taken on the motion. Ayes: Unanimous. Staff requested that agenda item number five be postponed until later in the meeting. ITEM 6 The public hearings to consider the application of Contractor's Financial Company for the following actions on land located on the east side of Jupiter Way,. north of 205th Street (C.R.64) were opened. A. The vacation of an existing drainage and utility easement on Lot 7, Block 4, Marion Village. B. A rezoning from R-5, Single and Two Family Medium Density Residential District to R-2, Single Family Residential District. C. The preliminary and final plat of five single family residential lots to be known as Marion Village Third Addition and a minor comprehensive • plan amendment to bring the property into the Year 2000 Urban Service Area. Daryl Morey presented a review of the proposed actions,. outlining the planning report dated January 28,.1994. His review included the following: - Background - Zoning and adjacent land uses - .Consistency with the Comprehensive Flan - Density - LotsJblocks - Setbacks Streets - Grading,. drainage and erosion control - Engineering report dated January 28,1994 - Dakota County Soil and Water Conservation District report dated January 25, 1994 - Environmental Affairs Committee recommendation - Tree preservation - Wetlands - Park and trail dedication MUSA Y PLANNING COMMISSION MEETING MINUTES FEBRUARY 3, 1994 PAGE 3 Mr. Morey stated that staff recommends approval of the Marion Village Third Addition preliminary and final plat, R-S to R-2 rezoning, and drainage and utility easement vacation subject to the 11 stipulations listed in the planning report. Paul Kempf, the developer was present and stated he agrees with the recommendations in the planning report. The Commission held a discussion which included: - Hammerhead driveways - Berm - Tree preservation - Silt fence - Turn back of County Road 64 - Speed limit. on County Road 64 - Control of shoreland area An amendment to stipulation number seven of the planning report was made as follows: • 7. Provided the proposed shared driveway for Lots 4 and 5, Block 1 meets the approval of the Dakota County Plat Commission, the developer shall provide the City with a copy of a private shared driveway access easement agreement for these two lots prior to City Council consideration of the preliminary and final plat. A driveway turn around shall be provided for both lots. 94.19. Motion was made by Whitehouse, seconded by Steigerwalt to close the public hearings. Roll call was taken on the motion. Ayes: Unanimous. 94.20 Motion was made by Miller, seconded by Steigerwalt to recommend approval of the application of Contractor's Financial Company for the following actions subject to the planning report dated January 28, 1994 as amended, the engineering report dated January 28, 1994 and the Dakota County Soil and :Water Conservation District report dated January 25, 1994: A. The vacation of an existing drainage and utility easement on Lot 7, Block 4, Marion Village. B. A rezoning from R-S, Single and Two Family Medium Density Residential District to R-2, Single Family Residential District. C. The preliminary and final plat of five single family residential lots to be known as Marion Village Third Addition and a minor comprehensive plan amendment to bring the property into the Year 2000 Urban Service Area. • PLANNING COMMISSION MEETING MINUTES FEBRUARY 3,1994 PAGE 4 ITEM 7 The public hearing to consider the application of Thomas W. and Ann Graney Hoffman, and Patricia Graney for conditional use permits to: 1) allow a previously occupied single family residential dwelling to be moved into the City of Lakeville; 2) allow a combination of accessory buildings larger than 13, 068 square feet in the R-A, Single Family -Agricultural District; and 3 allow a commercial riding stable in the R-A, single Family Residential District, all on land located at 8315 190th Street West was opened. The City Attorney attested that all legal notices had been duly published and mailed. Frank Dempsey reviewed the proposed conditional use permits outlining the planning report dated January 261994. His review included the following:. - House to be moved onto the property - Commercial riding stable to be operated on the property - Previous conditional use permit - Existing 3,100 square foot accessory building - Zoning • _ Lot Area Minimum setbacks: House, riding stable, storage building - 190th Street and transportation plan - .Utilities - Surrounding land uses and compatibility - History of the property - Driveway cross easement Mr. Dempsey stated that staff recommends approval of the conditional use permits subject to ten stipulations listed in the planning report. Mr. and Mrs. Hoffman, along with their attorney, Trevor Walsten, were `present. Mr. Waisten stated that the applicants agree to the stipulations with the exception of stipulation h) Install a Tine of trees every 30 feet on center along the west and south property line beginning at the northwest corner of the properly line and extending 300 feet in each direction. Mr. Walston distributed a drawing of the existing trees bordering the property along with another illustration of the distance between the existing barn and adjacent structures. He further stated the applicants propose to place a line of trees between the house and the barn. The Commission held a discussion which included: - No parking on 190th Street - Location of the proposed 30 evergreen trees described by applicant on the Nelson property to the west • - Size. of existing trees and trees to be planted - .Screening on north side of the property - Driveway cross easement - Protection of well - Surface of driveway (Class 5 gravel) • PLANNING COMMISSION MEETING MINUTES FEBRUARY 3, 1994 PAGE 5 Tom Meachman, 8220190th Street West adjacent property owner to the south questioned the need for additional trees. He stated the barn will be in view with or without screening due to the elevation of the property. Staff explained why screening is required. Albert Roberts, property owner to the east, stated he uses the driveway on the Hoffman property for access to his property in the winter because they keep it cleared of snow. He also stated that if trees are planted on the east side of the Hoffman's, the leaves will blow onto his property. The stipulations to the planning report were amended to read as follows: e) The Minnesota Department of Health shall inspect and approve the private well or provide a waiver prior to issuance of the certificate of occupancy. of the house. h) Install a line of 20 Lombardy Poplar trees along the north 300 feet of the west property line. i) The property owners shall dedicate a forty (40) foot roadway right of way and drainage and utility easement for future widening of 190th Street West across the south boundary of the entire parcel. j)` Delete (New) j) Parking shall not be permitted on 190th Street West in association with activities being conducted on the property. 94:21 Motion was made by Steigerwalt, seconded by Miller to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.22 Motion was made by Steigerwalt, seconded by Whitehouse to recommend approval of the application of Thomas W. and Ann Graney Hoffman, and Patricia Hoffman for conditional use permits to: 1) allow a previously. occupied single family residential dwelling to be moved into the City of Lakeville; 2) allow a combination of accessory buildings larger than 13, .068 square feet in the R-A, Single Family -Agricultural District; and 3) allow a commercial riding stable in the R-A, Single Family Residential District, all on land located at 8315 190th Street West subject to the planning report dated January 26,1994 as amended and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 5 • The public hearing to consider the application of the City of Lakeville for an amendment to the Lakeville Zoning Ordinance concerning sexually oriented activities was opened.. The City Attorney attested that all legal notices had been duly published and mailed. • PLANNING COMMISSION MEETING MINUTES FEBRUARY 3,1994 PAGE 6 David Licht of Northwest Associated Consultants presented an overview of the proposed ordinance amendment, outlining the planning report dated January 13,1994. His review included a discussion of the basic zoning issues and concepts applicable to the control of sexually oriented uses, an evaluation of optional "opportunity areas" far sexually oriented service locations within Lakeville, and a brief description of a proposed Zoning Ordinance text amendment. The Commission held a discussion which included the adverse effects of possible locations of sexually oriented businesses and signage regulations. 94.23 Motion was made. by Miller, seconded by Steigerwalt to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94..24 Motion was made by Miller, seconded by Steigerwalt to recommend approval of the application of the City of Lakeville for an amendment to the Lakeville Zoning Ordinance concerning sexually oriented activities. • Roll call was taken on the motion. Ayes: Unanimous. There being no further business, the meeting was adjourned at 9:45 p.m. Respectively submitted: Mira Holliday, Rec ding Secreta ATTES a iz Hol er , C air •