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HomeMy WebLinkAbout05-20-93 ~ + CITY OFT .AKRVILLE PLANNING COMMISSION MEETING MINUTES MAY 20,1993 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, Forsberg, Holberg, Whittingham, Smith, Miller. Absent: Steigerwalt. 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; David Licht,. .:.Consulting Planner; Jeff Oliver, Assistant Engineer; Jeff Bednar, Consulting Traffic Engineer;. Mira Holliday, Recording Secretary. The minutes of the May 6, .1993 Planning Commission were approved as written. ITEM 4 The public hearing. to consider the application of Todd Klingel for the vacation of an existing drainage and utility easement on land located at 12058 Lucerne Trail was opened. The City Attorney attested that all legal notices had been duly published and mailed. Staff requested that the public hearing for this proposed easement vacation be continued to the June 3,1993 Planning Commission meeting due to the applicant being unable to attend the meeting.. 93.70 Motion was madeby Whitehouse, seconded by Smith to continue the public hearing to the June 3,1993 Planning Commission meeting. ..Roll call was taken on the motion. Ayes: Unanimous. .ITEM S The public hearing to consider the application of Independent School District No. 194 for the vacation of a portion of an existing bike/pedestrian easement an land located south of C.R. 64 and east of Jacquard Avenue was opened. The City Attorney attested that all legal notices had been duly published and mailed. Michael Sobota discussed the proposed vacation, outlining the planning memorandum. of Apri130,1993 and May 14,1993. He stated that the boundary issue has been addressed by the roperty owner east of the elementary. school addition (in the Meadows providing. a deed to the School District for a five foot strip of land located between the current bikeway easement and the school property. He further stated that staff recommends approval of the proposed vacation. The Commission held a brief discussion. There was no public comment. PLAlV1~tING COMMISSION MEETING MINUTES MAY 20,1993 Page 2 93.71 Motion was made by Whitehouse, seconded by Forsberg to close the public ...hearing. Roll call was taken on the. motion. Ayes: Unanimous. 93.72 Motion was made by Miller, seconded by Whittingham to recommend approval of the application of Independent School District No.194for the vacation of a portion of an existing bike/pedestrian easement on land located south of C.R. 64 and east of Jacquard Avenue subject to the planning memorandum of April 30,1993 and May 14,1993. Roll call was taken on the motion. Ayes: Unanimous. ITEM 6 The public hearing to consider the application of Good Value Homes, Inc. for the vacation of a portion of an existing roadway easement on land located west of Highview Avenue and north of Homestead Trail was opened. .The City Attorney attested that all legal notices had been duly published and mailed. • Michael Sobota reviewed the proposed easement vacation.. He eac~lained that during the approval process for the Homestead Creek East subdivision, an easement was vacated in the same location. After the easement vacation was recorded with the Dakota County Recorder's Office and when the title examination was done. for the Homestead Creek East 2nd Addition, it was. discovered that an old easement granted to the Township of Lakeville was underneath the easement previously vacated with Homestead Creek East. He stated that staff recommends approval of the proposed easement vacation. The Commission held a brief discussion. There was no public comment. 93.73 Motion was made by Whitehouse, seconded by Whittingham to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.74 Motion was made by Miller, seconded by Smith to recommend approval of the application of Good Value Homes, Inc. for the vacation of a portion of an existing roadway easement on land located west of Highview Avenue and north of Homestead Trail subject to the planning memo dated May 14,1993.. Roll call was taken on the motion. Ayes: Unanimous. Staff recommended that agenda item number 8 be discussed before agenda-item number 7 to allow time for interested citizens to arrive from a neighborhood meeting regarding itemnumber 7, the Timber Ridge plat. • PLANNING COMMISSION MEE'T'ING MINUTES MAY 20, 1993 Page 3 ITEM 8 The public hearing to consider the application of Rolling Oaks Inc. for the preliminary and final plat of 24 single family residential lots to be known as Rolling Oaks South Plat 6, a rezoning from R-6, Medium Density Residential District to R-2, Single Family Residential District, and a planned unit development-conditional use permit amendment was opened. The City Attorney attested that all legal notices had been duly published and marled. Daryl Morey presented the proposed preliminary and final plat, the rezoning and the planned unit development-conditional use permit amendment outlining the planning report of May 14,1993. His presentation included the following: - Background - History - Consistency with the approved preliminary plat - Existing approved density and proposed density - Lots/blocks - Outlots ® _ Setbacks Streets - Grading, drainage and erosion control - Engineering recommendations - Dakota County Soil and Water Conservation District recommendations - Environmental Affairs Committee recommendation - Tree preservation - Wetlands - Park and trail dedication - MUSA Mr. Morey stated that staff recommends approval of the Rolling Oaks South Plat Six preliminary and final plat, R-6 to R-2 rezoning, and planned unit development-conditional use permit amendment subject to the nine stipulations listed in the planning report. Duane Dietrich was present. to answer quest ions of the .Commission and the public. The Commission held a discussion which included: - Rezoning - Setbacks between houses - Upkeep of the pond - Willows to be planted on waters edge • - Sumac to be planted on slopes for erosion control and partial barrier to pond - Cost for storm water ponding (construc:tion being done by developer) - Time frame for plantings around the pond . PLANNING COMMISSION MEETING MINUTES MAY 20, 1993 Page 4 Steve Olson of 166th Street questioned if the value of the homes will be consistent with the existing homes in the area. Chair Holberg explained that the City has no authority beyond Zoning Ordinance requirements. Duane Dietrich stated the homes would be :compatible with the existing neighborhood. Doug Beck of 165th Street stated he is in favor of the rezoning. He expressed his concern aver access to and upkeep of the proposed conservation area. He was concerned that children would use the existing neighbors' yards for access from the existing park to the conservation area. Robert Erickson displayed plans approved for the area in 1984 and explained the intentions for the conservation area, trail and access. He further stated that the City will maintain the area. Staff also stated the City would work with the existing neighborhood to find a trail easement into the conservation area if the neighborhood wished to propose a location. 93.75 Motion was made by Smith, seconded by Whittingham to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.76 Motion was made by Whittingham, seconded by Whitehouse to recommend approval of the application of Rolling Oaks, Inc. for the preliminary and final plat of 24 single family residential lots to be known as Rolling Oaks South Plat 6, a rezoning from R-6, Medium Density Residential District to R-2, Single Family Residential District, and a planned unit development-conditional use permit amendment subJ'ect to the planning report of May 14, 1993, the Dakota County Soil and Water Conservation District report dated May 12, 1993, the engineering report dated May 13,1993 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. A ten minute break was taken. The meeting reconvened at 8:10 p.m. ITEM 7 The public hearing to consider the application of Arcon/Sienna Joint Venture for the preliminary and final plat of 62 single family residential lots to be known as Timber Ridge South, a planned unit development-conditional use permit amendment, variances to allow cul-de-sac streets with lengths greater than 500 feet and a block with a length less than 400 feet, and the vacation of a portion of Nicollet Avenue, a/k/a Jonquil Avenue lying north of 173rd Court West was opened. The City Attorney attested that all legal notices had been duly published and mailed. • PLANNING COMMISSION MEETING MINUTES MAY 20,1993 Page 5 .David Licht presented the proposed preliminary and final plat, the planned unit development-conditional use permit amendment, variances and street vacation, outlining the planning report of May 10, 1993. His presentation included the following: - Background - Consistency with Comprehensive Plan - Lot area/width - Lot depth/shape - Outlots - Setbacks - Topography - Tree preservation - Transportation - Cul-de-sac length - Street right-of-way width - Block length - Jonquil Avenue vacation - Park/trail dedication - Lighting - Covenants • - Plat review Mr. Licht recommended approval of the proposed preliminary and final plat subject to ten conditions listed in the planning report. Jeff Oliver discussed the .drainage and utility easements for storm water and wetland mitigation. He also stated that the Environmental Affairs Committee had reviewed the plat and unanimously recommended approval of the Timber Ridge South plat. Jeff Bednar of Strgar Roscoe Fausch presented an analysis of the primary travel routes. He discussed the number of trips that would be generated, speed limits and proposed signage. The Commission held a discussion which included: - Re-routing of an AT&T easement - Signage issues on existing streets - Continuity of lot sizes between Lynwood South. and Timber Ridge South - Tree preservation Commissioner Whitehouse commended the developer for his efforts in maintaining the natural environment of the area to the extent possible. Tom Laudont of Jasper Trail stated he felt there had not been enough time allowed for citizen input regarding the proposed plat. He expressed concern over the street layout, stating that the safety•of the neighborhood children is at risk. Mr. Laudont stated he had visited 75 area residents regarding this issue and presented a signed petition. • PLANNING COMMISSION MEETING MINUTES MAY 20, 1993 Page 6 John Olson of Jonquil Avenue stated he feels strongly that Jefferson should connect to Jonquil. David Kalshur of Jasper. Way displayed an aerial photograph of the Lynwood area taken in 1988. He presented a document to the Commission titled "Petition for Consideration of Quality Imprc ?vements for Timber Ridge South". He discussed in detail the. issues outlined in the petition which included front lot width, a proposed buffer for the lots on the east side of the site, and monument easements. Lori Smit of Jersey Way expressed. concern over the traffic that would be generated in the area. She stated she felt safety should be given first consideration. Lilly Neals of 173rd Court stated she does not want to see 173rd Court be extended into Timber Ridge. John Bergquist expressed concern over the possible increase in traffic on Jersey Way. Bill Berg of Jasper Trail expressed concern over the possibility of increased traffic. He stated that he has virtually no backyard, therefore his children play in the front yard near the street. Larry Shumate of Jasper Trail stated that the concerns and safety of citizens should be given priority over development. He further stated he would like to see the integrity of the area preserved. Kathy Swanam of Jonquil Avenue expressed her concern over the possibility of Jonquil being extended and resulting increased level of traffic. Laurel Linde of Jasper Trail suggested the Commission direct staff to work further with the developer before going to City Council. He stated he felt the concerns of the citizens should be further considered. Harry Garnett of Jasper Trail expressed his concern over the possibility of increased traffic. Commission member Forsberg stated he would like to see some compromise with the concerns of the neighborhood. 93.77 Motion was made by Whittingham, seconded by Smith to close the public hearing. Roll call was taken. on the motion. Ayes: Unanimous. Mr. Erickson addressed the concerns of the citizens stating that the plat . has legal standing, as it had previously received preliminary plat approval. He stated staff will perform a detailed review of the proposed three way stop sign on Jonquil and 170th Street. • PLANNING COMMISSION MEETING MINUTES MAY 20,1993 Page 7 The Commission discussed street layout and the regulation of speed limits. Chair Holberg explained the responsibility of the Planning Commission in relation to land use issues and compliance with the City's Zoning Ordinance. 93..78 Motion was made by Miller, seconded by Whitehouse to recommend approval of the application of Arcon/Sienna Joint Venture for the preliminary and final plat of 62 single family residential lots to be known as Timber Ridge South, a planned unit development-conditional use permit amendment, variances to allow cul-de-sac streets with lengths greater than 500 feet and a block with a length less than 400 feet, and the vacation of a portion of Nicollet Avenue, a/k/a Jonquil Avenue lying north of 173rd Court West subject to the planning report dated May 10, 1993, the engineering report dated May 13, 1993, the Dakota County Soil and Water Conservation District report dated May 11, 1993 and the findings of fact. Roll call was taken on the motion. Ayes: Whittingham, Smith, Miller, Whitehouse, Holberg. Nay: Forsberg. Forsberg stated he voted nay in an effort to register the concerns for the residents in the community and his concern over the increased traffic in . the area. ITEM 9 The public hearing to consider the application of Taco Bell for a conditional use permit to allow a fast food restaurant (Section 37.491 of the Zoning Ordinance) in a B-4, General Business District on land located on the east side of T.H. 50 south of 175th Street West was opened. The City Attorney attested. that all legal notices had been duly published and mailed. David Licht reviewed the proposed conditional use permit, outlining the planning report dated May 13, 1993 and memorandum dated May 20,1993.. His presentation included the following: - Background - Lot requirements and setbacks - Building height - Architectural compatibility - Parking - Curbing and surfacing - Highway 50 improvements - Loading - Grading and drainage - Screening/landscaping . _ Signage Lighting Mr. Licht noted that revised site plans dated May 17, 1993 and a letter dated May 18, 1993 had been received and reviewed in the NAC memorandum PLANNING COMMISSION MEETING MINUTES MAY 20,1993 Page 8 dated May 20, 1993. Stipulation numbers 2, 3, 5, and 7 of the planning report had been addressed. Mr. Licht recommended the draft conditional use permit be amended to reflect the revised plans and future access to the Frontage Road. Mr. Licht recommended approval of the conditional use permit as amended subject to nine conditions listed in the planning report and additional stipulations. Meleah Miller of Dovolis, Johnson, and Ruggieri was present representing the applicant. The Commission held a discussion which included: - Landscape plan - Turn lanes on T.H. 50 - Signage - Existing congestion at the south driveway out of SuperAmerica - Loading area - Frontage road connection to SuperAmerica • There was no public comment. 93.79 Motion was made by Whitehouse, seconded by Whittingham to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.80 Motion was made by Miller, seconded by Smith to recommend approval of the application of Taco Bell for a conditional use permit to allow a fast food restaurant (Section 37.491 of the Zoning Ordinance) in a B-4, General Business District on land located on the east side of T.H. 50 south of 175th Street West subject to the planning reports dated May 13,1993 and Mayy 20, 1993, the engineering report dated May 13, 1993, the traffic report by Strgar Roscoe Fausch dated February 26,1993 and the Dakota County Soil and Water Conservation District report dated May 12,1993, the recommendations of the Environmental Affairs Committee dated May 18,1993 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. Chair Holberg adjourned the meeting at 11:00 p.m. Respectfully submitted: • ~ a ~ ira Holliday, ecording Sec etary - . PLANNING COMMISSION MEETING MINUTES MAY 20, 1993 Page 9 ATTEST: a z H be air