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HomeMy WebLinkAbout09-22-94 CITY OF LAKEVII.,LE PLANNING COMMISSION MEETING NIlNUTES SEPTEMBER 22, 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: Whitehouse, Luick, Holberg, Skipton. Absent: Steigerwalt, Smith, Miller. Also present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director; Jim Walston, Assistant City Attorney; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Tim Hanson, Assistant City Engineer; Mira Holliday, .Recording Secretary. The minutes of the September 8, 1994 Planning Commission meeting were approved as printed. ITEM 4 The public hearing to consider the application of Dennis G. Leisten for a building setback variance from the Ordinary High Water Level of Orchard Lake and a front • yard building setback variance to allow the construction of a garage addition on to an existing non-conforming single family residential dwelling on anon-conforming lot located at 12300 168th Street West was continued from the September 8, 1994 meeting. Frank Dempsey presented a brief background of the proposed variance, reviewing revised plans submitted by Mr. Leisten. His discussion included the following: • Main level floor plan • Existing 70 foot long concrete slab beneath the deck • Proposed stairway off of deck • Proposed grade level wooden deck • Proposed 675 square foot garage Mr. Dempsey stated that staff recommends approval of the proposed variance subject to four stipulations listed in the planning report dated September 14, 1994. The Commission held a brief discussion. 94.113 Motion was made by Whitehouse, seconded by Skipton to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. r PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1994 PAGE 2 • 94.114 Motion was made by Whitehouse, seconded by Luick to recommend approval of the application of Dennis G. Leisten for a building setback variance. from the Ordinary high Water Level of Orchard lake and a front yard building setback variance to allow the construction of a garage addition to an existing non- conforming single family residential dwelling on anon-conforming lot located at 12300 168th .Street West subject to the planning report dated September 14, 1994, the engineering report dated September 1, 1994, the Dakota County Soil and Water Conservation District report dated August 31, 1994, the amended Certificate of Survey dated September 15, 1994 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 5 The public hearing to consider the application of Richard Hindt for a building setback variance to allow an existing garage addition to remain on the existing single family residential dwelling, located at 6655 Upper 167th Street West and the vacation of a portion of a drainage and utility easement was continued from the September 8, 1994 meeting. Mr. Dempsey stated that Mr. Hindt had failed to submit the required documents for further consideration of this item. He recommended that the item be tabled. 94.115 Motion was made by Luick, seconded by Skipton to continue the public hearing.. Roll call was taken on the motion. Ayes: Unanimous. ITEM 6 The public hearing to consider the application of James Swenson for a conditional use permit to allow an office building in a B-1, Limited Neighborhood Business District on land located west of Dodd Boulevard (C.R.9) and north of Kenwood Trail (C.R. 50) was opened. The City Attorney attested that all legal notices had been duly published and mailed. The City Attorney attested that all legal :notices had been duly published and mailed. Daryl Morey presented an overview of the proposed conditional use permit, outlining the planning report dated September 16, 1994. His review included the following: • • Background • Zoning Ordinance regulations FLA1`~TING COMMISSION MEETING MINUTES SEPTEMBER 22, 1994 PAGE 3 • Lot area and width • Building setbacks • Building height • Parking requirements • Landscaping • Lighting • Trash enclosure (in building) • Signage Mr. Morey stated that staff recommends approval of the proposed conditional use permit subject to the stipulations listed in the planning report with the deletion of stipulation number one which has been met. Mr. Swenson and Felix Tinges were present to answer questions of the Commission and public. Commissioner Whitehouse asked about the nature of the business Mr. Swenson plans to operate. Commissioner Luick asked about the hours of operation and proposed signage. • Mr. Swenson stated hours of operation will be from 7:30 a.m. to 5:00 p.m. and he is proposing no signage at this time. Curt Cook, a resident of Viking Square Townhomes, expressed concern over drainage. Mr. Tinges discussed the elevations of the proposed project and the rear yard drainage easements between the townhomes and the proposed building. Mr. Hansen indicated that the drainage can be handled within the existing drainage easement. Ken Cook of 20055 Ideal Way. questioned screening between the townhomes and the proposed office building. Mr. Morey explained the landscape plan. 94.116 Motion was made by Luick, seconded by Skipton to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.117 Motion was made by Luick, seconded by Skipton to recommend approval of the application of James Swenson for a conditional use permit to allow an office building in a B-1, Limited Neighborhood Business District on land located west of Dodd Boulevard (C.R. 9) and north of Kenwood Trail (C.R. 50) subject to the planning report dated September 16, 1994 as amended and the findings of fact. PLA1`ZNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1994 PAGE 4 • Roll call was taken on the motion. Ayes: Unanimous. ITEM 7 The public hearing to consider the application of Mazen Jodeh for a special home occupation permit to allow a photography studio in a single family residence located at 17131 Jefferson Avenue was opened. The City Attorney attested that all legal notices had been duly published and mailed. Frank Dempsey presented an overview of the proposed home occupation permit, outlining the planning report dated September 14, 1994. His review included the following: • Background • Zoning • Comprehensive Plan. • .Lot size • Surrounding land uses • Zoning Ordinance provisions • Outdoor storage -none • • Hours of operation -between 8:00 a.m. and 9:00 p.m. • Parking • No proposed signage • Building Official's review Mr. Dempsey stated that staff recommends approval of the special home occupation permit request for a photography studio subject to the stipulations listed in the planning report. Mr. and Mrs. Jodeh were present and stated they are in agreement with the recommendations of staff. The Commission held a brief discussion. Staff noted a petition received from a number of neighbors and a letter from an adjacent property owner had been distributed to the Planning Commission at the onset of the meeting. There was no public comment. 94.118 Motion was made by Whitehouse, seconded by Skipton to close the public heaxing. PLAS1I~tING COMMISSION MEETING MINUTES SEPTEMBER 22, 1994 PAGE 5 Roll call was taken on the motion. A es: Unanimous. Y 94.119 Motion was made by Whitehouse, seconded by Luick to recommend approval of the application of Mazen Jodeh for a special home occupation permit to allow a photography studio in a single family residence located at 17131 Jefferson Avenue subject to the planning report dated September 14, 1994 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 8 The public hearing to consider the application of Gerald D. and Diane F. Bedeaux for a conditional use permit to allow the construction of Leo's South with:. 1) open and outdoor display as an accessory use in the B-4, General Business District, and 2} a loading berth fronting Kenrick Avenue, on land located in the northwest corner of 164th Street and Kenrick Avenue 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 September 14, 1994. His review included the • following: • Background • Zoning district • Zoning Ordinance provisions • Lot area • Access • Utilities • Surrounding land uses • County Road No. 46/Kenrick Avenue improvements and timing • Grade of new County Road 46 • Transportation plan • Parking • Loading berth screening • Open and outdoor sales and display as an accessory use • Landscaping • Trash storage • Signage • Site lighting • Proposed building exterior and colors • Future use of existing building PLASINING COMMISSION MEETING MIl~TUTES SEPTEMBER 22, 1994 PAGE 6 Mr. Dem se stated that staff recommends approval of the conditional use permit p Y subject to eight stipulations listed in the planning report. Mr. Bedeaux was present and stated he is in agreement with the recommendations of staff. The Commission held a discussion which included test areas for vehicles and exterior storage. There was no public comment. 94.120 Motion was made by Luick, seconded by Skipton to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous.. 94.121 Motion was made by Luick, seconded by Skipton to recommend approval of the application of Gerald D. and Diane F. Bedeaux for a conditional use permit to allow the construction of Leo's South with: 1) open and outdoor display as an accessory use in the B-4, General Business District, and 2) a loading berth fronting Kenrick Avenue, on land located in the northwest corner of 164th Street and Kenrick Avenue subject to the planning report dated September 14, 1994, the engineering report dated September 15, 1994 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 9 The public hearing to consider the application of Lakeville Court Limited Partnership for a planned unit development to allow the construction of a 52 unit apartment complex with 5, eight unit and 2, six unit residential buildings on a lot located on the east side of Dodd Boulevard (C.R. 9), south of Kenwood Trail (C.R. 50) was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented an overview of the proposed planned unit development, outlining the planning report dated September 16, 1994. His review included the following: • Background • Adjacent land uses • Consistency with the Comprehensive Plan • Lot area and width . • Density PLA1`1I~TING COMMISSION MEETING MINUTES SEPTEMBER 22, 1994 PAGE 7 • Buildin hei ht and setbacks g g • Peripheral building setback requirements • Building height requirements • Open space • Private streets and access drives • Parking requirements • Landscaping/screening • Lighting • Waste and recycling receptacles (inside buildings) • Signage • Grading, drainage, erosion control and utilities • Tree preservation • Wetlands • Parks and trails • MUSA • Neighborhood meeting Mr. Morey stated that staff recommends approval of the planned unit development for the. project subject to 17 stipulations listed in the planning report. • Kevin Kohorst representing Sand Companies was present. He stated he had discussed the stipulations of the engineering report with the Assistant City Engineer. He also stated he had contacted Dakota County regarding a permit to use the well on the property for irrigation purposes. He further requested that the trees required in the tot lot be eliminated to allow open space for children to play. The Commission held a discussion which included the following: • Fencing along the railroad tracks • Fencing. along the south side of the property (neighbors' request) + North driveway -exit only .There. was no public comment. Amendments to the stipulations listed in the planning report were made as follows: 10. The landscape plan shall be revised to include additional trees at the north end of the tot lot area as determined by the Parks and Recreation Director. In addition,. benches shall be placed in the tot lot area. 18. A 42 inch chain link fence shall be placed along the east property line adjacent to the railroad tracks. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1994 PAGE 8 • 94.122 Motion was made by Whitehouse, seconded by Skipton to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.123 Motion. was made by Whitehouse, seconded by Luick to recommend approval of the application of Lakeville Court Limited Partnership for a planned unit development to allow the construction of a 52 unit apartment complex with 5, eight unit and 2 six unit residential buildings on a lot located on the east side of Dodd Boulevard (C.R. 9), south of Kenwood Trail (C.R. 50) subject to the planning report dated September 16, .1994 as amended, the engineering report .dated September 16, 1994 as amended and the Dakota County Sail and Water Conservation District report dated September 15, 1994. Roll call was taken on the motion. Ayes: Unanimous. Staff requested that item number 11 be considered prior to number 10. Daryl Morey reviewed the proposed final plat of Golden Pond First Addition, outlining the planning report dated September 22, 1994. His review included the following: • Background • Consistency with the approved preliminary plat • Lots/blocks • Outlots • Setbacks • Streets • Berming/landscaping • Grading, drainage and erosion control • Engineering recommendations • Dakota County Soil and Water Conservation District recommendations • Environmental Affairs Committee recommendations • Tree preservation • Wetlands • Park and trail dedication • MUSA Mr. Morey stated that staff recommends approval of the final plat of Golden Pond First Addition subject to 20 stipulations listed in the planning report. • PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1994 PAGE 9 Warren Israelson was present and discussed constructing landscape berms along 210th Street and Dodd Boulevard as a part of Phase I. He stated he was in agreement with the recommendations of staff. The Commission held a discussion which included: • Drainage • Soil conditions • Elevations • Outlot into pond There was no public comment. 94.124 Motion was made by Skipton, seconded by Luick to recommend approval of the final plat of Golden Pond First Addition subject to the planning report dated September 16, 1994, the engineering report dated September 16, 1994 and the Dakota County Soil and Water Conservation District report. dated September 15, 1994. Roll call was taken on the motion. Ayes: Unanimous. ITEM 10 The public hearing to consider the application of the City of Lakeville for an amendment to the Zoning Ordinance to allow commercial car wash operations as an accessory use associated with convenience store/motor fuel sales within the B- 2, Retail Business District as a conditional use was opened. The City Attorney attested that all legal notices had been duly published and mailed. David Licht of Northwest Associated Consultants presented a review of the proposed amendment, outlining the planning report dated September 6, 1994 and the B-2 Study. He stated that the rationale for this change to the Zoning Ordinance text parallels the adding of motor fuel sales to the district. Current retailing trends commonly offer automatic car wash facilities in association with convenience stores/fuel sales. The Commission held a discussion which included buffer strips and landscaping, hours of operation and shut off of vacuum machines after hours. Public comment: Ann Yokel, 17870 Jacquar Circle, questioned if this provision would apply to the • other B-2 locations to be discussed during this meeting. Chair Holberg indicated PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1994 PAGE 10 that this amendment would allow car wash operations as an accessory use associated with convenience store/motor fuel sales by conditional use permit only. 94.125 Motion was made by Whitehouse,. seconded by Luick to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. .94.126 Motion was made by Whitehouse, seconded by Skipton to recommend approval of the application of the City of Lakeville for an amendment to the Zoning Ordinance to allow commercial car wash operations as an accessory use associated :with convenience store/motor fuel sales within the B-2, Retail Business District. as a conditional use subject to the planning report dated September 6, 1994. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of the City of Lakeville for a Comprehensive Plan Amendment to change the suggested land use on land located south of 175th Street and east of Ipava Avenue from Commercial District to Low/medium Density Residential District was opened. The City Attorney attested that all legal notices had been duly published and mailed. • The. public hearing to consider the application of the City of Lakeville for rezoning of land located south of 175th Street and east of Ipava Avenue from B-2, Neighborhood Commercial to R-4, Single and/or Two Family residential, and/or R-5 Single, Two Family and Medium Density Residential was opened.. The City Attorney attested that all legal notices had been duly published and mailed. David Licht reviewed the proposed Comprehensive Plan amendment and rezoning, outlining the planning report dated September l5, 1994. His discussion included the following: • Zoning/Comprehensive Plan history • Evaluation criteria • Compatibility with present and future land uses in the area • Performance standards • Change in information on page seven -traffic count in Year 2015 West of 175th - 6,700 instead of 67,000 • Environmental impacts • Access • Tax base • Proximity to elementary school • Area zoning comparison i • Advantages and disadvantages of R-4/R-5 zoning PLAN1~iING COMMISSION MEETING MINUTES SEPTEMBER 22, 1994 PAGE 11 • Advanta es and disadvanta es of existin B-2 zonin g g g g Mr. Licht stated that decisions regarding land use and zoning are policy matters to be determined by City officials. Mr. Licht further stated that he had received a call from Paul Rii~le, adjacent townhouse owner, who expressed concern over increased traffic in the area if the property remains commercially zoned. Lance Johnson, property owner, and Bruce Malkerson, attorney, were present. A letter from Mr. Malkerson dated September 21, 1994 was distributed to the Commission. Commissioner Whitehouse questioned Mr. Johnson about the property he had originally purchased in 1972 and 1973. Mr. Johnson provided a history of the Dakota Heights ?th Addition development, stating that the property in question had been platted as an outlot and .approved as commercial zoning. Public comment: • Sharon Hagen, 17326 Ipswich Way expressed her support for the rezoning of the property to residential. She stated that a residential use would be more compatible to the area. She further stated she was concerned over increased traffic in the area if the property remains commercial. She felt the City should not consider additional tax based as a reason for leaving the property zoned commercial. She also questioned screening of the property and enforcement if a violation occurred. Christy Anderson of 9375 175th Street stated she opposes the commercial zoning.. Rebecca Fernandez Decastro of 17245 Jasmine Court expressed her concern that having a business in the area would bring strangers into the neighborhood. Mike Keever of 17553 .Ionia stated his support for residential zoning. Brenda Anderson of 17547 Ionia stated that the request by Mr. Malkerson in his letter to continue the public hearing should not be granted, as the owner of the property has had ample time to address the concerns of the neighborhood prior to the meeting. Brian Keverson of 7545 Ionia Path expressed concern over the safety of children going to school across the. street if the property is developed into commercial uses. • Jerry Luckie, 17645 Iceland, stated the property should be rezoned to residential. He was concerned over the safety of neighborhood children. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1994 PAGE 12 Barb VanNest of 17480 Isleton Avenue stated she has no problem with the commercial zoning and the tax base would be of help to the City. She stated she felt safety of children would not be an issue. Pamela Berger of 17685 Iceland Trail stated sheds opposed to the commercial zoning. Christy Mitchel and Sharon Koot, representing the Christina Huddleston Elementary School PTO expressed their concern over safety of the children in route to school if the property remains commercially zoned. Chris Moore of 9381 173rd Street expressed concern over increased traffic in the area if the property is developed .into commercial. Leanne Mitchel expressed concern over the devaluation of homes in the area if the property remains commercial.. She stated the City should support. neighborhood growth and safety. Christine Jerazeck of 17948 Jaguar expressed her support for the R-4/R-5 • residential zoning.. She questioned the tax base if the property were zoned R-5. Robert Erickson responded. Rita Fevert of 17728 Icon, expressed her support for the commercial zoning. She stated it would not create problems that do not already exist. She further stated that commercial zoning would benefit the entire City. Lori Nelson of 17690 Icon expressed her support for residential zoning. Mark of Iceland Trail expressed his concern over the safety of children. Daniel Auto of 17670 Iceland Trail questioned the traffic count going south on Ipava. Mr. Licht responded. Deb Metala of 17710 Icon stated that the number of people who would visit a convenience. store during the hours that children would be walking to and from school would not occur during the peak usage periods. She also stated that property values. would not be effected if the property remains commercial. John Buckner of 9702 173rd Street stated he felt the property should be zoned residential. . Chair Holberg stated that staff had received three phone calls expressing support for residential zoning of the property. PLANNING COMMISSION MEETING NIINUTES SEPTEMBER 22, 1994 PAGE 13 Bruce Malkerson, representing Lance Johnson addressed the Comprehensive Plan, stating that Mr. Johnson wantshis property left as is. He stated a change in zoning is not warranted. He requested that the public hearing be continued to a later date. Chair Holberg and Jim Walston explained that a recommendation would be made on the matter at this meeting. Commissioner Whitehouse asked Mr. Johnson if he has a plan for the property. Mr. Johnson stated that an application. will be filled immediately following the resolution of the zoning issue. Mr. Johnson introduced Mr.Wagner who explained that a Brooks convenience store and other uses such as a barber shop, video store, etc. would be proposed for the property. 94.127 Motion was. made by Luick, seconded by Skipton to close the public hearings. Roll call was taken on the motion. Ayes: Unanimous. 94.128 Motion was made by Whitehouse, seconded by Skipton to recommend approval of the application of the City of Lakeville for a Comprehensive Plan Amendment to change the suggested land use on land located south of 175th Street and east of Ipava Avenue from commercial District to Low/Medium Density Residential District. Roll call was taken on the motion. Ayes: Luick, Skipton. Nays: Whitehouse, Holberg. The reason for Whitehouse's nay was he felt the developer has. a right to use his property as currently zoned. The reason for Holberg's nay was she felt the property is consistent with the Comprehensive Plan and a good site for commercial development. Luick and Skipton stated the school should be considered in the decision to rezone the property to residential and it should remain the same as the surrounding property. 94.129 Motion was made by Luick, seconded by Skipton to recommend approval of the application of the City of Lakeville for rezoning of land located south of 175th Street and east of Ipava Avenue from B-2, Neighborhood Commercial to R-5, Single, Two Family and Medium Density Residential. Roll call was taken on the motion. Ayes: Luick, Skipton. Nays: Whitehouse, . Holberg. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1994 PAGE 14 The reasons given for Whitehouse and Holberg's nay votes were the same as in the previous vote. The reasons given for Luick and Skipton's ayes were the same as the previous vote. The public hearing. to consider the application of the City of Lakeville for rezoning of land located at the intersection of County Road 46 and Ipava Avenue from B-4, General Business District to B-2, Retail Business District was opened. The City Attorney attested that all legal notices had been duly published and mailed. David Licht presented an overview of the proposed rezoning, outlining the planning report dated September 15, 1994. His review included the following: • Background • Zoning history • Comprehensive Plan history • Rezoning evaluation criteria • Compatibility with present and future land uses in the area • Performance standards • .Property valuations • City's service capacity • Traffic generation • Advantages and disadvantages of proposed zoning • Advantages and disadvantages of current zoning Mr. Licht stated decisions regarding land use and zoning are policy matters to be determined by City officials. Richard Flint and Bart Winkler, representing the property owners, were present. Mr. Flint presented a history of the property including improvements, .assessments, etc. He stated he had received recent interest in the development of the property as B-4. He expressed concern over the value of his property if it is rezoned from B-4 to B-2. He requested that the zoning not be changed. He submitted a letter dated May 1, 1994. Mr. Flint went on the request a copy of a plan that had been. submitted for the property previously and a copy of the City Council minutes when the property was rezoned from B-2 to B-4. 94.130 Motion was made by Luick, seconded by Skipton to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. i PLANI~TING COMIVIISSION MEETING MINUTES SEPTEMBER 22, 1994 PAGE 15 Staff re uested that the item be tabled until later in the meeting to allow staff time q to research files for the requested material. Item lOD The public hearing to consider the application of the City of Lakeville for rezoning of land located at the intersection of Dodd Boulevard and 160th Street from B-3, Auto Oriented Business District to B-2, Retail Business District was opened. The City Attorney attested that all legal notices had been duly published and mailed. David Licht presented an overview of the proposed rezoning, outlining the planning report dated September 15, 1994. His review included the following: • Background • Zoning history • Comprehensive plan • Rezoning evaluation criteria • Advantages and disadvantages of B-3 zoning • .Advantages and disadvantages of B-2 zoning • Mr. Licht stated decisions regarding land use and zoning are policy matters to be determined by City officials. Mr. Licht stated that he had made several- attempts to contact the property owner but had received no response. The Commission held a brief discussion. There was no public comment. 94.131 Motion was made by Whitehouse, seconded by Luick to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 94.132 Motion was made by Luick, seconded by Skipton to recommend approval of the application of the City of Lakeville for rezoning of land located at the intersection of County Road 46 and Ipava Avenue from B-4, General Business District to B-2, Retail Business District. Roll call was taken on the motion. Ayes: Unanimous. r PLANNING COMMISSION MEETING MINUTES SEPTEMBER 22, 1994 PAGE 16 Item 1QE continued Michael Sobota reviewed a plan for Crystal Convenience Center and rezoning of the subject property dated January 26, 1989. Robert Erickson read a letter from Pat McGarvey dated Apri17, 1987 which indicated the subject property was specifically zoned to be used as a convenience store/gas station.. The Commission held a brief discussion. 94.13 3 Motion was made by Luick, seconded by Skipton to recommend approval of the application of the City of Lakeville for rezoning of land located at the intersection of County Road 46 and Ipava Avenue from B-4, General Business District to B-2, Retail Business District. Roll call was taken on the motion. Ayes: Luick, Holberg, Skipton. Abstain: Whitehouse. There being no further business, Chair Holberg adjourned the meeting at 12:30 a.m. • Respectfully submitted: Mira olliday, Recor ing Secretary ATTEST: iz 1 e •