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HomeMy WebLinkAbout03-17-94 • CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES MARCH 17,1994 The meeting was called to order by Chair Holberg at 7:00 p.m. in the City Hall Council Chambers. Roll call of members was. taken. Present: Luick, Steigerwalt, Holberg, Skipton, Miller. Absent: Smith, Whitehouse (arrived at 7:15). Also present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director; Jim Walston, City Attorney; Jeff Oliver, Assistant Engineer; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Mira Holliday, Recording Secretary. Newly appointed Commission member Bruce Skipton was introduced and welcomed by the Commission. The oath of office was administered prior to the meeting. The minutes of the March 3,1994 Planning Commission meeting were approved as printed. ITEM 4 -CONSENT AGENDA 94.34 Motion was made by Steigerwalt, seconded by Luick to recommend. approval of . the final plat of Cedar Highlands Sth Addition subject to the planning report dated March 10,1994, the engineering report dated March 10, 1994 ...and the Dakota County Soil and Water Conservation District report dated March 10, 1994. Roll call. was taken on the motion. Ayes: Unanimous. ITEMS The public hearing to consider the application of Cracker Barrel Old Country Store, Inc, for the preliminary and final plat of Cracker Barrel Lakeville Addition on land located on the west side of Kenyon Avenue at Kenwood Trail was opened. The City Attorney attested that legal notices had been duly published and mailed.. Michael Sobota reviewed the proposed preliminary and final plat which consists of one lot and one outlot, outlining the planning report dated March 10, 1994. His review included the following: - Approved development contract covering construction: of street, sidewalk, sanitary sewer , watermain, storm sewer and ponding improvements - Security posted - Park dedication - Storm water pond/landscaping improvements • _ MNDOT right-of-way Naegele outdoor advertising billboard - Engineering report Mr. Sobota stated that staff recommends approval of the preliminary and final plat subject to two conditions listed in the planning report. ti PLANNING COMMISSION MEETING MINUTES MARCH 17,1994 PAGE 2 Ted Tillman, representing Cracker Barrel was present. He stated that Cracker Barrel is in agreement with the stipulations of the planning report. The Commission held a discussion which included the following: - Landscaping - Types of vegetation There was no public comment. 94.35 Motion was made by Luick, .seconded by Steigerwalt to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.36 Motion was made by Miller, seconded by Luick to recommend approval of the application of Cracker Barrel Old Country Store, Inc. for the preliminary and final plat of Cracker Barrel Lakeville Addition on land located on -the west side of Kenyon Avenue at Kenwood Trail subject to the planning report dated March 10,1994. • Roll call was taken on the motion. Ayes: Unanimous. Commissioner Whitehouse arrived at 7:15 p.m. ITEM 6 The public hearing to consider. the application of Dakota Electric Association for a conditional use permit and a variance to allow the construction of a public utility structure on a lot less than 10 acres in size and less than 300 feet in width where public sewer is not available in an R-A, Single Family-Agricultural Residential District on land located on the west side of Cedar Avenue south of Dodd Boulevard was opened. The City Attorney attested that all legal notices had been duly published and mailed. Frank Dempsey presented an overview of the proposed conditional use permit and variance, outlining the planning report dated March 8, 1994. His review included the following: - Zoning - Lot size - Ordinance regulations - .Proposed lots size and setbacks • PLANNING COMMISSION MEETING MINUTES MARCH 17,1994 PAGE 3 - Comprehensive Plan and amendment for Cedar/Dodd area - Surrounding land uses - .Equipment (enclosed/outside storage) - Screening from neighboring uses - Administrative subdivision - Streets - Wetlands - Grading/erosion control - Tree preservation - MUSA - Transportation - Landscaping/Screening - Variance - Future 175th Street and Cedar Avenue right-of-way Mr. Dempsey stated that staff recommends approval of the conditional use permit and variance subject to seven stipulations listed in the planning report. Ed Brunkhorst, Sue Mohlis and Randy Poulson were present, representing Dakota Electric. Mr. Brunkhorst discussed the layout and future plans for • the proposed substation, stating that they were in agreement with the recommendations of staff. The Commission held a discussion which included: - Proposed development in the area - Adjacent future commercial property - Berming - Security of site - Communication antennas - Access onto Dodd Boulevard - Possibility of turnlane on Dodd Blvd. for construction traffic Mr. Brunkhorst stated that a driveway permit will be requested from Dakota County for access from Cedar Avenue. He further stated that there will ..approximately one trip per day onto the site. Dick Dwyer of Lyndale Garden Center read and submitted a letter to the Commission opposing the conditional use permit and variance. He stated he does not feel the project would be in the best interest of those who live and work in the area. He went on to discuss the potential health risk of electro magnetic fields (EMFs) generated by power lines. Representatives of Dakota Electric explained studies that have been conducted related the emission levels of EMF. It was explained that EMFs • would not be measurable at the nearest structure to the site which is 350 feet. David Fischer of 17622 Dodd Boulevard requested that left and right turn lanes be part of the permanent construction of 175th Street and Cedar Avenue. He also questioned the screening for the site. ti • PLANNING COMMISSION MEETING MINUTES MARCH 17,1994 PAGE 4 Michael Sobota explained that the future configuration of 175th Street and Cedar Avenue will be determined when the intersection is built. Mr. Brunkhorst reviewed the landscape plan, stating he had previously met with Mr. Fischer. Mr. Fischer stated he would like to see a berm on the west side of the site. Mike Devenshire of 5810 208th Street questioned the location of transmission lines. Michael Sobota explained that Dakota Electric will need to apply for another conditional use permit for the location of the power lines to feed the substation and notices will be sent to all property owners within 350 feet of the site. An amendment to the stipulations of the planning report was made as follows: 8. A recommendation be made to Dakota County Highway Department for a right in/right out access for construction traffic. 94.37 Motion was made by Steigerwalt, seconded by Miller to close the public hearing. • Roll call was taken on the motion. Ayes: Unanimous. 94.38. Motion was made by Whitehouse, seconded by Miller to recommend approval of the application of Dakota Electric Association for a conditional use .permit and a variance to allow the construction of a public utility structure on a lot less than 10 acres in size and less than 300 feet in width where public sewer is not available in an R-A, Single Family-Agricultural Residential District on land located on the west side of Cedar Avenue south of Dodd Boulevard subject to the planning report dated March 8,1994 as amended and - the findings of fact. Roll call was taken on the motion. Ayes: Whitehouse, Luick, Steigerwalt, Holberg, Skipton. Nay: Miller. Miller stated the reason he voted nay was he felt the site was too small and should be at least 10 acres. ITEM 7 The public hearing to consider the application of Family of Christ Lutheran Church for an amendment to Conditional Use Permit No. 93-OS to allow revised site, grading, utility, landscaping, and building plans for the construction of Family of Christ Lutheran Church and to allow volunteer workers to live on site temporarily during construction of the church on land located on the south side of 185th Street east of Orchard Trail was .opened. The City Attorney attested that all legal notices had been duly published and mailed. • PLANNING COMMISSION MEETING MINUTES MARCH 17,1994 PAGES Frank Dempsey presented an overview of the proposed conditional use permit amendment, outlining the planning report dated March 9,1994. His review included the following: - Background - Zoning - Lot area - Phasing - Parking requirements - Comprehensive Plan - Surrounding land uses - Temporary living quarters - Proposed site plan - Site plan, parking, building elevations - Grading, drainage, erosion control and utilities - Wetlands - Tree preservation - Site lighting - MUSA Mr. Dempsey stated that staff recommends approval of the amendment to the • conditional use permit and the use of temporary living quarters for volunteer construction workers subject to eight stipulations listed in the planning report. Gary Tushie, architect for the project and Pastor Del Lind were present and explained the reasons for :the proposed changes, stating this plan is more affordable. Mr. Tushie stated that they are in agreement with staff recommendations. The Commission held a discussion which included: - Future driveway - Daycare center -fencing - Garbage receptacles - Parking for future additions - Height of sanctuary _ Signage - ° Temporary workers -hours of construction (8:00 a.m. to 6:00 p.m., Tuesday through Saturday) Mike Johnson of 18680 Kanabec requested more information on the temporary workers. Steve Nelson, Building Committee Chair provided the information. Barbara Bonnett questioned where the trailers belonging to the volunteer workers will be located and the power source they will be using. She also inquired as to the time frame of construction. Mr. Nelson responded that a maximum of ten workers in five recreational vehicles will not be on site for no more than 120 days. They will assist with the framing of the building only. • PLANNING COMMISSION MEETING MINUTES MARCH 17, 1994 PAGE 6 Amendments to the recommendations listed in the planning report were made as follows. 7. The use of temporary living quarters for volunteer construction workers shall meet the requirements of the Section 9 of the Zoning Ordinance and a garbage receptacle shall be centrally located and collected on a regular basis. 9. Signage shall comply with City ordinance. 94.39 Motion was made by Miller, seconded by Steigerwalt to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.40 Motion was made by Luick, seconded by Steigerwalt to recommend approval of the application of Family of Christ Lutheran Church for amendment to Conditional Use Permit No. 93-OS to allow revised site, grading, utility, landscaping, and building plans for the construction of Family of Christ Lutheran Church and to allow volunteer workers to live on site temporarily during construction of the church on land located on the south side of • 185th Street east of Orchard Trail subject to the planning report dated March 9,1994 as amended and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 8 The public hearing to consider the application of Mr. Lynn Peterson for a conditional use permit to allow the construction of a detached accessory building for anon-conforming single family residence located at 17540 Junelle Path was opened. The City Attorney attested that all legal notices had been duly published and mailed. Frank Dempsey presented an overview of the proposed conditional use permit, outlining the planning report dated March 9,1994. His review included the following: - 960 square foot detached garage - Background - Zoning - Setbacks - Comprehensive Plan - History. - Use of proposed garage - Height • Mr. Dempsey stated that staff recommends approval of the conditional use permit subject to four stipulations listed in the planning report. r • PLANNING COMMISSION MEETING MINUTES MARCH 17, 1994 PAGE 7 Mr. Peterson was present and stated he is in agreement with staff recommendations. The Commission held a brief discussion. 94.41 Motion was made by Steigerwalt, seconded by Miller to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.42 Motion was made by Steigerwalt, seconded by Luick to recommend approval of the application of Lynn Peterson for a conditional use permit to allow the construction of a detached accessory building for anon-conforming single family residence located at 17540 Junelle Path subject to the planning report dated March 9, 1994 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. There being no further business, Chair Holberg adjourned the meeting at 9:15 p.m. • Respectfully submitted: r Mira Holliday, a ording Secret ATTEST: M b rg, air •