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HomeMy WebLinkAbout06-17-93 s CITY OF LAKEVILLE .PLANNING COMMISSION MEETING MINUTES JUNE 17, 1993 The meeting was called to order by Vice-Chair Whittingham at 7:00 p.m. in the City Hall Council Chambers.... Roll call of members was taken. Present: Steigerwalt, Whittingham, Smith, Miller. Absent: Holberg, Whitehouse. Also present was Robert Erickson, City Administrator; Jim Walston,. Assistant City Attorney; Michael Sobota, Community and Economic Development Director; Daryl Morey, City Planner; Frank Dempsey, Associate Planner; Jeff Oliver, Assistant Engineer; Mira Holliday, Recording Secretary. The minutes of the June 3, 1993 Planning Commission meeting were approved as printed. ITEM 4 The public hearing to consider the application of Margaret Buerke for a rezoning of a six acre parcel from B-4, General Business District to R-2, Single Family Residential District on land located on the north side of 173rd Street, west of Joplin Avenue was opened. The Assistant City Attorney attested that all legal notices had been duly published and mailed. Frank Dempsey presented an overview of the proposed rezoning, outlining the. planning report of.June 10, 1993. He stated the application for rezoning is based on a request from the property owner to bring the existing non-conforming single family land use in conformance with the R-2 District. He further discussed the consistency of the proposed rezoning with the Comprehensive Plan and the consistency of the existing land use. with surrounding land .uses and natural features, including wetlands. Mr. Dempsey stated staff recommends approval. of the rezoning. Mrs. Buerke was present to answer questions of the Commission and public. Louie Helkenn stated if the property is being rezoned for tax purposes, he is in favor of the rezoning, but if the property is being rezoned for residential subdivision purposes, he is opposed to the rezoning. Red Helkenn of Junelle Path stated he is opposed to the rezoning. He stated he feels it should not be rezoned until the time development of the entire .property occurs. Floyd Craig of 173rd Street stated he is opposed to the rezoning as the current .zoning is a good buffer between the two zoning districts. Diane Gossard of Junelle Path stated she understands why Mrs. $uerke is • requesting the rezoning given the current taxes for commercial property. ~ l • PLANNING COMMISSION MEETING MINUTES JUNE 17,1993 Page 2 .The Commission held a discussion which included: - Future plans for the property (none at this time) - Zoning and use of surrounding area Wetlands on the east and west portions of the property - City Administrator Erickson stated that the County Assessor has increased the valuation of the property based on B-4 zoning. Staff further stated that commercial development on the Buerke parcel would not logically take place until the property to the west develops. This would most likely be , m .the distant future, Staff further stated that the construction of 173rd Street would need to be addressed when the Buerke property developed and that costs for the construction of the street would be the developers responsibility. 93.88 Motion was made by Smith, seconded by Steigerwalt to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.89 Motion was made by Steigerwalt, seconded by Miller to recommend approval of the application of Margaret Buerke for a rezoning from B-4, General Business District to R-2, Single Family Residential District on land located on the north side of 173rd Street west of Joplin Avenue subject to the planning report dated June 10, 1993 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM 5 The public hearing to consider the application of Jack and Vivian Pavlike for the vacation of a portion of 202nd Street West on land located north of 20Sth Street West and west of Juno Trail was opened. The Assistant City Attorney attested that alTlegal notices had been duly published and- mailed. Daryl Morey reviewed the proposed vacation outlining the planning report of .June 11, 1993. He stated the proposed right-of-wayvacation was discussed. in the planning report for the final plat of Marion Village Second Addition. He went on to state that the vacated portion of 202nd Street right-of-way and the triangular shaped parcel located immediately to he south shall be combined with the existing Pavlike property into one unified lot as a condition of this right-of way vacation request. He stated there i • PLANNING COMMISSION MEETING MINUTES JUNE 17,1993 Page 3 is no street located under the portion of the 202nd Street right-of--way proposed to be vacated by the Pavlikes. The portion_of the 202nd Street right-of--way proposed to be vacated is not needed given the right-of-way dedication and street construction for 202nd Street proposed with the Marion Village Second Addition final plat. Mr. and Mrs. Pavelike were present to answerquestions of the Commission and public. The Commission held a brief discussion. `There was no public comment. 93.90 Motion was made by Smith, seconded by Miller to close the public hearing. Ro1L call was taken on the motion. Ayes: Unanimous. 93.91 Motion was made by Miller, seconded by Smith to recommend approval of the application of Jack and Vivian Pavlike for the vacation of a portion of 202nd Street West on land located north of 205th Street West and west of Juno Trail subject to the planning report dated June 11,1993. Roll call was taken on the motion. Ayes: Unanimous. ITEM 6 The pubic hearing to consider the application of Mike and Sandy Wech for. the vacation of a portion of an existing sewer easement on land located north of 208th Street West and east of Lower 208th Street West was opened. The Assistant City Attorney attested that all legal notices had been duly published and mailed.. Frank Dempsey reviewed the proposed easement vacation, outlining the planning report dated June 9,1993. He stated the South Creek Addition was platted in 1984 for. the development of ten single family residential lots on 208th Street West. Apre-existing sanitary sewer line easement, recorded in 1962, was not vacated as part of the plat when the sanitary sewer line was moved as a part of the subdivision construction. The easement must be vacated by the City of Lakeville and recorded with Dakota County in order to allow property ownership transfers to .occur on Lots 2, 3, and 4 of the subdivision. Mr. Dempsey stated that staff recommends approval of the vacation of the sanitary sewer line easement. Mr. and Mrs. Wech were not present. There was no public comment. The Commission held a brief discussion. 93.92 Motion was made by Smith, seconded by Chris to close the public hearing. • Roll call was taken on the motion. Ayes: Unanimous. 93.93 Motion was made by Miller, seconded by Steigerwalt to recommend approval of the application of Mike and Sandy Wech for the vacation of a ppo~rtion of an existing sewer easement on land located north of 208th Street West and east of Lower 208th Street West subject to the planning report of June 9, 1993. • PLANNING COMMISSION MEETING MINUTES JUNE 17,1993 Page 4 Roll call was taken on the motion. Ayes: Steigerwalt, Whittingham, Smith. Nay: Miller The reason Miller voted nay was because the applicant was not present. ITEM 7 The public hearing to consider the application of the City of Lakeville for a rezoning from R-7, High Density Residential District to R-2, Single Family Residential on land located north of 207th Street West at 207th Court West was opened. The Assistant City Attorney attested that all legal .notices had been duly published and mailed. FrankDempsey reviewed the proposed rezoning, outlining the planning report dated June 8,1993. He stated the Four Star Addition is anon-conforming residential subdivision that became non-conforming when the existing Zoning Ordinance and Zoning Map were adopted in 1980.. His review included the following: - Background - Consistency with the Zoning Ordinance Consistency with the Comprehensive Plan Minimum lot requirements - Surrounding land uses Mr. Dempsey stated that upon further review, a rezoning to R-3, High Density Single Family Residential would more appropriately address the lot area and width non-conformities that exist in the Four Star Addition. He stated staff recommended that if the Commission feels an R-3 rezoning deserves further consideration, the public hearing notice should be re-advertised to consider rezoning the property from R-7 to R-3 at the July 15,1993 Planning Commission meeting. The Commission discussed the proposed rezoning and it was the overall consensus that R-3, High Density Single Family Residential would be the .more .appropriate zoning. Staff stated that a public hearing notice would be advertised to consider rezoning the property to R-3 at the July 15, 1993 meeting. 93.94. Motion was made by Smith, seconded.. by Miller to close thepublic hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.95 Motion was made by Miller, seconded by Steigerwalt to table the recommendation for the application of the City of Lakeville for a rezoning from R-7, High Density Residential District to R-2, Single Family • Residential .District on land located north of 207th Street West at 207th Court West until the July 15,1993 meeting. Roll call was taken on the motion. Ayes: Unanimous. • PLANNING COMMISSION MEETING MINUTES JUNE 17,.1993 Page 5 ITEM 8 The public hearing. to consider the application of Render Development, Inc. for the vacation of a portion of an existing drainage. and utility easement on Land located on the west side of Ipava Avenue south of 170th Street West was opened. The Assistant City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey reviewed the proposed drainage and utility easement vacation and the final plat of Stanebriar of Lakeville, outlining the .planning report of June 11, 1993. His review included. the following: - Background. - Consistency with the approved preliminary plat - Lotsiblocks - Tabaka property well and septic system Outlots - Setbacks - Streets - Grading,.drainage. and erosion control - Engineering recommendations = Dakota County Soil and Water Conservation District recommendations Tree preservation - Wetlands - Park and trail dedication - MUSA Mr. Morey stated that staff recommends approval of the final plat of Stonebriar of Lakeville and the easement vacation request subject to the 15 .stipulations listed in the June 11, 1993 planning report. John Prinz and Jim Render were present to answer questions of the Commission and public. The Commission held a discussion which included: Wetlands in Phase I Tree preservation - Army Corps of Engineers permit approval prior to Council action - Wetland mitigation and.vegetation - EAC recommendation Landscape plan far Lot 4, Block-1 - Draintile 93.96 Motion was rude by Steigerwalt, seconded by Smith to close the public. hearing. • Roll call waa tak;~z~ the motion. Ayes: Unanimous. • PLANNING COMMISSION MEETING MINUTES JUNE 17,1993 Page 6 93.97 Motion was made by Steigerwalt, seconded by Smith to recommend approval of the application of Render Development, Inc. for the vacation of a portion of an existing. drainage and utility easement on land located on the west side of Ipava Avenue south of 170th Street West subject to the planning report dated June 11, 1993. Roll call was taken on the motion. Ayes: Unanimous. 93.98 .Motion was made by Steigerwalt, seconded by Miller to recommend approval of the final plat of Stonebriar of Lakeville subject to the planning report dated June 11, 1993, the engineering report dated June 11,1993 and the Dakota County Soil and Water Conservation District report dated June 9, 1993. Roll call was taken on the motion. Ayes: Steigerwalt, Whittingham, Miller. Nay: Smith. Smith stated the reason he voted nay was he feels the Army Corps permit should be obtained prior to Planning Commission action. ITEM 9 • Daryl Morey reviewed the proposed final plat of Hypointe Crossing 3rd. Addition, outlining the planning report dated June 11, 1993. His review included the following: - Background - History - Consistency with the approved preliminary plat - Lots blocks - Setbacks - Streets - Landscape plan - Grading, drainage and erosion control - Tree preservation - Wetlands - Park and trail dedication - MUSA - Engineering recommendations Dakota County Soil and Water Conservation District recommendations NIr. Morey stated that staff recommends approval of the final plat of Hypointe Crossing 3rd Addition subject to the 13 stipulations listed in the planning report. Lee Johnson of U.S. Homes was present and stated he felt the security for tree preservation should be more flexible for. lots with small numbers of significant trees designated to be saved. PLANNING COMMISSION MEETING MINUTES JUNE 17,1993 Page 7 The Commission held a discussion which included: - EAC recommendation - .Landscape plan - Swale between Lots $ and 9, Block 2 93.99 Motion was made by Miller, seconded by Smith to recommend approval of the final plat of Hypointe Crossing 3rd Addition subject to the planning report dated June 11,1993, the engineering report dated June 11, 1993 and the Dakota County Soil and Water Conservation District report dated June 9, 1993. Roll call was taken on the motion. Ayes: Unanimous. ITEM 10 Michael Sobota reviewed the final plat of Shady Oak Shores 6th Addition, outlining the planning .report of June 10, 1993. His review included the following: - Background • _ History Consistency with approved preliminary plat - Zoning - Traffic Circulation - Tree preservation - Grading and drainage - Park. and trail dedication - Plat boundaries Mr. Sobota stated that staff recommends approval of the final plat of Shady Oak Shores 6th Addition subject to the seven stipulations listed in the planning report. Al Hermann and Tom Loucks were present to answer questions of the Commission. The Commission held a discussion which included: - Street layout and concept for future changes - Future plans for. commercial area - Trees on the west edge of plat - Berming between commercial area and residential area - Water problems in Shady Oak Shores 4th Addition An additional stipulation was added to the planning report to read as follows: 8. The requirement of two trees per lot required for Lots 1-4, Block 6 shall be five to six foot conifers and shall be planted in the back yards adjacent to the B-4 zoned property to the east. . PLANNING COMMISSION MEETING MINUTES JUNE 17,1993 Page $ 93.100 Motion was made by Miller, seconded by Steigerwalt to recommend approval of the final plat of Shady Oak Shores 6th Addition subject to the planning report dated June 10, 1993 as amended, the engineering report dated June 11,1993 and the Dakota County Soil and Water Conservation District report dated June 11, 1993. Roll call was taken on the motion. Ayes: Unanimous. ITEM 11 .Under unfinished business, Frank Dempsey discussed a proposed deck variance for. Peter and $arb Cook. Mr. Cook was present. Commission members generally felt that an undue hardship does not exist to justify granting this variance. Commission members and staff discussed alternatives that would avoid the need for a variance. The Planning Commission directed Mr. Cook to discuss construction alternatives with David Krings, Building. Official. Vice Chair Whittingham adjourned the meeting at 10:30 p.m. Respectfully, • it Holliday, R cording e r tart' ATTEST: / 1 Ja Whittingham, Vice Chair.