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HomeMy WebLinkAbout04-15-93 r CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES • APRIL 15,1993. 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: Miller, Smith, Holberg, Forsberg, Steigerwalt, Whitehouse. Absent: Whittingham. .Also present: Jim Walston, Assistant City Attorney; Robert Erickson, City Administrator; Michael Sobota, Community & Economic Development Director; Daryl Morey, Assistant Community & Economic Development Director; Keith Nelson, .City Engineer;. Allan Hunting, Consulting Planner, Charlene Friedges, City Clerk. The minutes of the April 1, 1993, Planning Commission meeting were approved as printed. ITEM 4 Mr. Morey presented the proposed final plat of Homestead Creek East 2nd Addition, which consists of 31 single family residential lots on land located north of 175th Street and west of Highview Avenue. The property is zoned R-2, Single Family Residential District. Mr. Morey stated the lot, block and street design of the proposed final plat is consistent .with the approved preliminary plat of Homestead Creek East. He outlined the planning report of Apri19, 1993, and discussed the following: - Lot dimensions - Outlot A - Setbacks - Streets - Landscaping/screening - Grading, drainage and erosion control - Tree preservation - Wetlands - Park and trail dedication Mr. Morey stated staff recommends approval of the final plat of Homestead Creek East 2nd Addition subject to 12 stipulations as listed in the planning report. The Commission members held a discussion which included: - Overall house dimensions - Location of construction entrance - Outlot A/wetland filling - Storm water runoff/ponding PLANNING COMMISSION MEETING MINUTES APRIL 15,1993 • PAGE 2 93'.44 Motion was made by Steigerwalt, seconded by Whitehouse to recommend approval of the final plat of Homestead Creek East 2nd Addition subject to the planning report dated April. 9, 1993, the engineering report dated April 9, 1993 and the Dakota County Soil and Water Conservation District report dated April 6, 1993. Roll call was taken on the motion. Ayes, unanimous. ITEM S Chair Holberg opened the public hearing. on the preliminary plat of Goodview Estates. The City Attorney attested that legal notices were duly published and mailed. Mr. Morey recommended the Commission .table consideration of this matter until after Item No. 6, as the developer had not yet arrived. The Commission agreed and Chair Holberg moved on to Item 6. ITEM 6 Chair Holberg opened the public. hearing on the .preliminary plat of Brackett's Crossing. The City Attorney attested that legal notices were duly published and mailed... • Mr. Hunting presented the .proposed .preliminary plat of Brackett's Crossing, which consists of 46 townhome lots located near Layton Path, Judicial Road and .175th Street. He explained that a PUD amendment is required because the plans differ from the Phase II concept. plan approved with..the Brackett's Crossing PUD in 1986. The preliminary plat consists of three phases, with 12 townhome lots in Phase I proposed to be final platted at this time, 20 townhome lots in Phase II and 14 townhome lots in Phase III. Mr. Hunting outlined the planning. report of April 6, 1993, and discussed the following: - Lot area - Reduction in overall density from the original PUD :project - Streets and guest parking - Tree preservation - Wetlands - Park and. trail dedication Mr. Hunting. stated staff recommends approval of the preliminary :and final plat of Brackett's Crossing, subject to eight stipulations as listed in the planning report. He explained that the Environmental Affairs Committee J PLANNING COMMISSION MEETING MINUTES APRIL 15,1993 PAGE 3 considered the. plat at its March 13th meeting and recommended that the developer .save as many trees as possible, .preferably more than currently proposed. The developer, Mr. Herb Wensmann, stated they will submit individual tree preservation plans for the custom graded lots, as recommended by the Environmental Affairs Committee. The Commission members held. a discussion v~•hich included: - Number and location of guest parking spaces - .Tree preservation - Twenty-foot wide piece, which will be a part of the common lot and owned by the association - Increased amount of green space due to decrease in density - Paving of trail through Hennepin County Park Reserve to 175th Street Ms. Gail Johnson, 12265 - 175th Street, asked if 175th Street was proposed to be extended: from its current terminus. Staff explained that no .vehicular access would be provided to 175th Street. However, an eight .foot wide pedestrian trail was proposed to connect this development with 175th Street. Ms. Johnson was also concerned about the possible failure of the lift station . on Layton Path with the additional demand far sanitary sewer. from .this development. She stated the lift station. had failed previously and caused damage to her home. Mr. Erickson stated that alY of the City's lift stations have been .modified since the incident that caused damage to Ms. Johnson's home to prevent lift station failure in the future. He assured her that the situation is unlikely to reoccur. Mr. Harry Villella, who owns unplatted property just east of the Braekett's Crossing development in the undeveloped plat of Lyndale Lakes Club Addition, stated his property is being landlocked and expressed opposition to this development. Mr. Erickson assured Mr. Villella that his property is not being landlocked. He explained that the right-of-way along his property is platted but a street .was never built. 93.45 Motion was made by Smith, seconded by Miller to close the public hearing. Roll call was taken. Ayes, Unanimous. i ~ i PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 • PAGE 4 93.4b Motion was made by Miller, seconded by Whitehouse to recommend approval of a planned unit development amendment. and preliminary plat of Brackett's Crossing, along with a minor comprehensive plan amendment to bring the property into the Year 2000 Urban Service Area, subject to the recommendations listed in the April 6th planning report, the engineering report dated April 9, 1993, the Dakota County .Soil and Water Conservation District report dated April 7, 1993, and recommendations of the Environmental Affairs Committee. Roll call was taken an the motion. Ayes, Unanimous. 93.47 Motion was made by Steigerwalt, seconded by Smith to recommend approval of the final plat of Brackett's Crossing. Roll call was taken on the motion. Ayes, Unanimous. ITEM 5 Chain Holberg stated the developer's representative for Goodview Estates was now present and reopened the public hearing. Mr. Morey presented the proposed preliminary plat of 15 single family residential lots to be known as Goodview Estates, located in the southeast corner of 160th Street and Grove Trail. He outlined the planning report of • April .9,.1993, and discussed the following: - Consistency with the City's Comprehensive Plan - Existing R-2 zoning - Streets - Landscaping/screening - Grading, development and erosion control - Wetland area - Parkand trail dedication Mr. Morey stated staff recommends approval of the preliminary and final. plat of Goodview Estates subject to eight stipulations as listed m the planning report. Commissioner Forsberg asked what measures are going to be .taken to assure that prospective buyers are notified of the adjacent B-4 zoning. Mr. Morey .explained that information concerning the B-4 zoning could be provided through sales literature, and signs could be placed on the adjacent -property indicating the B-4 zoning. Mr. Mattke, the developer's engineer, stated he preferred to use. sales literature rather than signage. Mr. Walston explained that the developer could provide a copy of the City's zoning map, which is public record, to .prospective buyers. He stated, however, that the requirement to inform .all prospective buyers of the B-4 zoning was dependant on the good faith of the developer. . Chair Holberg suggested staff .meet with the developer prior to Council consideration of the Goodview Estates plat to resolve this matter. :1 PLANNING COMMISSION MEETING MINUTES APRIL 15,1993 PAGE 5 • Commissioner Smith. stated he didn't feel the Norway Pines proposed to be planted along the east plat boundary would provide adequate screening, and he recommended that either Black Hills Spruce or Austrian Pine be used instead, Commissioner Miller recommended that a driveway turn-around be constructed an Lot 15. Mr. Jim Wussow, 16131 Goodview Circle, spoke on behalf of residents in Chapel Hills and asked several questions. regarding this development. His concerns were as follows: - Reputation of Cypress Development - How many builders would be building in the subdivision - Signs indicating adjacent B-4 zoning - Project time table - Developer's compliance with stipulations - Building materials/type or price range of housing. - Protective covenants - Elevation of proposed houses - Lot prices Mr. Mattke and the City Administrator responded to Mr. Wossow's questions. Mr. Dan Costanzo, 16129 Goodview Circle, stated the residents of Chapel Hills • would have preferred to see a church built on this property rather than the proposed single family. homes, as they did not feel the church would have blocked their view as much as a housing development will. He also stated he felt the preservation of wildlife in this area is not being considered. Mr. Jeff LaFavre, 16050 Goodview Way, asked about any future plans for a park in the area. Mr. Erickson stated the Parks & Recreation Advisory Committee recommended cash payment to satisfy the park and trail dedication requirements associated with this proposed plat. Mr. Erickson also noted the plat was consistent with the Comprehensive Park Plan. 93.48 .Motion was made by Smith, seconded by Miller to close the public hearing. .Roll call was taken on the motion. Ayes, Unanimous.. The Commissioners reminded the residents present that the purpose of the Planning Commission is to determine whether a proposed plat meets the City's zoning and subdivision ordinance requirements, and this plat does. .Commissioner Whitehouse stated he wanted a stipulation .added .that would require Realtors to disclose a zoning statement to prospective buyers, making them aware of the adjacent B-4 zoning. Mr. Erickson stated the City could not accept the responsibility and corresponding liability for Realtors to provide this statement. i PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 6 • Mr. Walston .recommended the staff meet with the developer to come up with some type of signage at the westerly entrance of the plat to inform prospective buyers of the adjacent B-4 zoning. 93.49 Motion was madeby Miller, seconded by Steigerwalt to recommend approval of the preliminary plat of Goodview Estates and a minor comprehensive plan amendment to bring the property into the Year 2000 Urban Service Area subject to the April 9, 1993 planning report, with two stipulations being amended as follows: 4. Driveway access for Lot 15 shall be off of Grove Trail and shall` be located on the south side of the lot with a turnaround provided. 6. The developer shall revise the landscaping plan dated 3/18/93 showing the east side being screened with Black .Hills Spruce or Austrian Pine. The landscaping shall be installed prior to the issuance of any building permits for this development. Roll call was taken on the motion. Ayes, Miller,. Holberg, Forsberg, Steigerwalt, Whitehouse. Nay, Smith. Commissioner Smith stated the .reason for his "no" vote was that he .felt Stipulation #7 "has no teeth" and he "does nottrust developers". . 93.50 Motion was made by Steigerwalt, seconded by Whitehouse to recommend approval of the final plat of Goodview Estates subject to the planning report and engineering report dated April 9, 1993 and the Dakota County Soil and Water Conservation District report dated Apri16, 1993. Roll call was taken on the motion. Ayes, Holberg, Forsberg, Steigerwalt, Whitehouse, Miller. Nay, Smith. Commissioner Smith stated the reason for his "no" vote was as previously stated. Chair. Holberg called a recess at 10:05. The meeting was reconvened at 10:10 p.m. ITEM 7 Chair Holberg opened the public hearings on applications of Independent School District (ISD) 194 for rezoning, conditional use permit and a preliminary and final plat for the. 1994 Elementary .School to be located at the southeast corner of C.R. 64 and Jacquard Avenue. The City Attorney attested that legal notices were duly published and mailed. Mr. Sobota and Mr. Hunting presented the request of ISD 194 for rezoning from R-6, Medium Density Residential District, to R-2, Single Family Residential District; a .conditional use. permit to allow the construction of a public elementary school and the preliminary and final plat of the 1994 Elementary • School. They outlined the planning report dated April 7, 1993, and discussed the following: PLANNING COMMISSION MEETING MINUTES APRIL .15,1993 PAGE 7 - Five and one-half foot. exception strip on east property line - Clay property located north of C.R. 64 - Setback from C.R. 64 - Landseaping/tree preservation - Off-street parking - Building height - Orientation of ball fields - Impervious surface - Lighting Mr. Hunting stated staff recommends approval of the rezoning and conditional use permit subject to eight stipulations as listed in the planning report. Staff recommends tabling action on the preliminary and final. plat until such time as the School District can resolve .the issue of the 5-1/2 foot exception and address the matter involving the Clay property. Mr. Bob. Novak, 9805 Upper 205th Street, stated he wanted the ball fields at the school to be used for .children only, .and was opposed to any adult leagues playing at that site. He stated traffic seemed to be speeding and suggested stop signs could possibly be installed on Upper 205th Street o provide increased pedestrian safety... Mr. Novak also suggested the tree line be made denser near the cul-de-sac behind his .property to deter children .from trespassing and cutting through. the residents' yards. Commissioner Smith stated he did not feel the Norway Pines would .provide sufficient screening and recommended Black Hills Spruce be used. School District officials stated they would consider the recommendation. Mr. Bob Nicholson, 20857 Isle Avenue, raised a concern regarding .the holding pond in the north east part of the plat. Staff responded. Mr. Jeff Larson, 9953 - 206th Street W., raised a concern regarding pedestrian safety along Upper 205th Street, pointing out current speed problems in the area. Mr. Todd Wells, 9865 Upper 205th. Street, asked about. the extension of the pedestrian trail/bike path in this area. Mr. Erickson stated the Police Department will enforce the speed limit on Upper 205th Street to increase pedestrian safety. - Staff recommended that consideration of the rezoning and conditional use permit should be .tabled along with consideration of the preliminary and final plat of the 1994 Elementary School to avoid confusion. 93.51. Motion was made by Whitehouse, seconded by Steigerwalt, to close the public hearings. Roll call was taken on the motion. Ayes, Unanimous. PLANNING COMMISSION MEETING MINUTES APRIL 15,1993 • PAGE 8 The Planning Commission and staff held a brief discussion. It was decided that the public hearings should remain open, since no action is being taken at this time. 93.52 Motion was made by Whitehouse, seconded by Forsberg, to reopen the public hearings. Roll call was taken on the motion. Ayes, Unanimous. 93.53 Motion was made by Miller, seconded by Smith. to table consideration of a rezoning, .conditional use permit, preliminary and final plat for The 1994. Elementary School. Roll call was taken on the motion. Ayes, Unanimous. NEW. BUSINESS Mr: Frank Beissel presented a concept plan for a residential business . expansion on his property located east of I-35 and north of CountyRoad 64. He stated that both his business and residence are currently non-conforming uses, however, he would like to continue to utilize his property for these uses. The Commission members discussed Mr. Beissel's proposal, and raised some of the following concerns: - Development of the property must conform to the City's Comprehensive Plan and existing zoning. - Proposed development plans should separate business and residential uses - Setting a precedent by allowing an expansion of two non conforming uses on the site. The staffand Commission members continued discussion on Item No. 7. 93.54 Motion was made by Steigerwalt, seconded by Smith to close the public hearing to consider a conditional use permit to allow the construction of a public elementary school at County Road 64 and Jacquard Avenue. Roll call was taken on the motion. -Ayes, Unanimous. 93.55 Motion was made by Forsberg, seconded by Smith to recommend approval of a conditional use permit for Independent School District No. 194 to allow the construction of a public elementary school at County Road 64 and Jacquard. Avenue subject to the planning report dated April 7, 1993, the engineering report dated April 9, 1993 and the Dakota County Soil and Water Conservation District report dated Apri18,1993. Roll call was taken on the motion. Ayes, Whitehouse, Smith, Holberg, Forsberg, Steigerwalt. Nay, Miller. i t; PLANNING COMMISSION MEETING MINUTES APRIL 15, 1993 PAGE 9 Commissioner Miller stated he feels the school. will not meet the building setback requirement from County Road 64 and has.. concerns regarding ponding in the northeast corner of the site. Chair Holberg adjourned the meeting at 12:10 a.m. Respectfully submitted, Charlene Friedges, City Clerk ATTEST: M 'z HMI g, Chai • i