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HomeMy WebLinkAbout07-15-93 • { • CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES JULY 15, 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, Steigerwalt, Holberg, Whittingham, Miller. Absent: Smith. Also present: 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; Alan Brixius, Consulting Planner; Mira Holliday, Recording Secretary. The minutes of the June 17,1993 Planning Commission meeting were approved as printed. ITEM 4 The public hearing to consider the application of B & G Development, Inc. for the vacation of a perpetual flowage easement on land located south of 160th Street West (C.R. 46) and west of Grave Trail was opened. The City Attorney attested that all legal notices had been duly published and • mailed. Staff requested that this item be tabled until the final plat of Highview Heights 6th Addition is considered. 93.101 Motion was made by Miller, seconded by Whittingham to table the public hearing. Roll call was taken on the motion. Ayes: Unanimous. ITEM 5 The public hearing to consider the application of Arden International Kitchens for a conditional use permit for impervious surface coverage exceeding 25 percent within the Shoreland Overlay District of the I-2, General Industrial District and a side yard building setback variance to allow the construction of a building addition for Arden International Kitchens located at 21150 Hamburg Avenue was opened. The City Attorney. attested that all legal notices had been duly published and mailed. Michael Sobota presented an overview of the proposal, outlining the planning report of July 8,1993. His review included the following: - Background - Impervious surface coverage = .Proposed exterior construction materials Parking and circulation ' , • PLANNING COMMISSION MEETING MINUTES JULY 15,1993 Page Z - Parking deferment - Concrete curb and gutter on the west side. of the south parking lot - Side yard building setback variance Mr. Sobota stated that staff recommends approval of the proposed conditional use permit for Phases I and II and a side yard building setback variance subject to three conditions listed in the planning report. Jim Stang and the project architect representing Arden Kitchens were present to answer questions of the Commission and public. The Commission held a discussion which included: - Acquisition of triangular parcel to eliminate the need for a variance - Time frame for development of Phase II - DNR comments .Condition number ane of the planning report was amended to read:. 1. Arden Kitchens or the building owner shall acquire sufficient land to erase the variance and provide site circulation prior to Phase II expansion. . There was no public comment. 93.102 Motion was made by Steigerwalt, seconded by Whitehouse to close the public hearings. Roll call was taken on the motion. Ayes: Unanimous. 93.103 Motion was made by Miller, seconded by Steigerwalt to recommend approval of the application of Arden International Kitchens for a side yard building setback variance to allow the construction of a building addition for Arden International Kitchens located at 21150 Hamburg Avenue subject to the planning report dated July $,1993 as amended, the engineering report dated July 1993 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. 93.104 Motion was made by Whittingham, seconded by Steigerwalt to recommend approval of the application of Arden International Kitchens for a .conditional use permit for impervious surface coverage exceeding 25 percent within the Shoreland Overlay District of the I-2, General Industrial District subject to the planning report dated July 8, 1993 as amended, the engineering report dated July 8,1993 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. • PLANNING COMMISSION MEETING MINUTES JULY 15,1993 Page 3 ITEM 6 Daryl Morey reviewed the proposed final plat of Lake Villa Golf Estates 8th Addition, outlining the planning report dated July 9, 1993. His review included the following: - Background - History - Consistency with the approved preliminary plat - Lots blocks - Outlot A - Setbacks - Streets - Grading, drainage and erosion control - Tree preservation - Wetlands - Park and trail dedication - MUSA Mr. Morey stated that staff recommends approval of the final plat of Lake Villa Golf Estates 8th Addition subject to seven stipulations listed in the planning report. Carl Dale and Paul Thomas were present representing the developer. Commissioner Whitehouse stated he felt the item should be tabled due to the developer not being present. Other Commissioners did not agree. The Commission held a discussion which included: - Use of grinder pumps - Tree preservation - Custom graded lots - Type of homes to built on Lots 2, 3, and 4, Block 1 - Stumps and debris left from development of Lake Villa Golf Estates 4th Addition - Possibility of oak wilt along western plat boundary Paul Thomas stated house styles could be designed so that the grinder pumps would not be necessary. Stipulations listed in the planning report were amended as follows: 7. Any diseased trees that are located within the boundaries of this final plat must be identified and a plan for treatment shall be submitted for staff review prior to consideration of the final plat by the Gity Council • 8. No grinder pumps shall be allowed with the development of the final plat. • PLANNING COMMISSION MEETING MINUTES JULY 15,1993 Page 4 93.105 Motion was made by Steigerwalt, seconded by Miller to recommend approval of the final plat of Lake Villa Golf Estates 8th: Addition.. Roll call was taken on the motion. Ayes: Unanimous. .ITEMS 7 AND 8 .The public hearing to consider the application of the City of Lakeville for a rezoning from R-7, High Density Residential District to R-3, High Density Single Family Residential District on land located north of 207th Street West at 207th Court West 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 a rezoning from CBD-I, Central Business District-Industrial to R-2, Single Family Residential District on land located south of 207th Street West and east of Dodd Boulevard was opened. The City Attorney attested. that .all legal notices had been duly published and mailed. Consideration of 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 was continued from the June 17,1993 meeting. Frank Dempsey presented an overview of the proposed .rezonings, outlining the planning report addendum dated June 30,1993 and planning report dated July b, 1993. Mr. Dempsey stated that the Planning Commission also needs to take action on the rezoning which was continued from the June 17,1993 meeting.. 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 staff recommends appproval of the proposed rezoning of Four Star First Addition to R-3 instead of R-2 to reduce the number of non-conforming lots. .The Commission held a discussion which included: - Length of cul-de-sac - Possibility of combining platted lots with metes and bounds lots (old railroad nght-of-way). . Bob Kingsley of 20630 - 207th Street questioned the reason for the proposed rezonings.. Mr. Dempsey explained the. background of the proposed rezonings. Commission members preferred rezoning the lots in Four Star First Addition to R-3 instead of R-2. • PLANNING COMMISSION MEETING MINUTES JULY 15,1993 Page 5 93.106 Motion was made by Steigerwalt, seconded by Miller, to recommend approval of 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. Roll call was taken on the motion. Nays: Unanimous. 93.107 Motion was made by Whittingham, seconded by Miller to close the public hearing regarding the application of the City of Lakeville for a rezoning from R-7, High Density Residential District to R-3, High Density. Single Family Residential District on land lacated north of 207th Street West at 207th Court West. Roll call was taken on the motion. Ayes: Unanimous. 93.108 Motion was made by Miller, seconded by Whitehouse to recommend approval of the application of the City of Lakeville for a rezoning from R-7, High Density Residential District to R-3, High Density Single Family Residential District on land located north of 207th Street West at 207th Court West subject to the planning report addendum dated June 30, 1993. Roll call was taken on the motion. Ayes: Unanimous. 93.109 Motion was made by Steigerwalt, seconded by Whitehouse to close the public hearing to consider the application. of the City of Lakeville for a rezoning from CBD-I, Central Business District-Industrial to R-2, Single Family Residential District on land located south of 207 Street West and east of Dodd Boulevard. Roll call was taken on the motion. Ayes: Unanimous. 93.110 Motion was made by Whittingham, seconded by Miller to recommend approval of the application of the City of Lakeville for a rezoning from CBD-I, Central Business District-Industrial to R-2, Single Family Residential District on land located south of 207th Street West and east of Dodd Boulevard subject to the planning report dated July 6,1993. Roll call was taken on the motion. Ayes: Unanimous. ITEM 9 The public hearing to consider the application of Lori Bernard for a special home occupation permit to allow the operation of a heat transfer and clothes embossing business in a single family residence located at 17396 Ixonia Path was opened. The City Attorney attested that all legal notices has been duly published and mailed. . Frank Dempsey reviewed the proposed home occupation, outlining the planning report dated June 24, 1993.. His review included the following: . PLANNING COMMISSION MEE'T'ING MINUTES JULY 15, 1993 Page 6 - Background - Zoning Ordinance requirements - Parking (no additional required) - Exterior storage of equipment or materials (none) - Applicable fire and building codes - Hours of operation Mr. Dempsey stated that staff recommends approval of the Bernard special home occupation permit request subject to six conditions listed in the planning report. Ms. Bernard was present to answer questions of the Commission and public. The Commission held a discussion which included: - Potential for generation of hazardous waste on site - Volume of UPS trips generated by business - Inspection by Fire Marshal Ken LaBaone of 20072 Italy Avenue expressed his support for the proposed home occupation, submitting a letter for the record. • 93.111 Motion was made by Whitehouse, seconded by Whittingham to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.112 Motion was made by Whitehouse, seconded by Whittingham to recommend approval of the application of Lori Bernard for a special home occupation permit to allow the operation of a heat transfer and clothes embossing business in a single family residence located at 17396 Txonia Path subject to the planning report dated June 24, 1993. Roll call was taken on the motion. Ayes: Unanimous. ITEM 10 The public hearing to consider the application of Northwest Aggregates, a division of Model Stone Company, for a planned unit development amendment and an excavation permit on land located south of 160th Street West and east of Pilot Knob Road was opened. The City Attorney attested that ail legal notices had been duly published and mailed. Alan Brixius reviewed the proposed PUIa amendment and excavation permit, outlining the planning report dated July 9,1993. His review included the following: • - Background - Berming areas - Fill and topsoil - Storage on the property • PLANNING COMMISSION MEETING MINUTES JULY 15, 1993 _ Page 7 - Operation hours - Storm water management plan - Slope stabilization plan - End use grading and utilities plan - End land use plan - Operations plan Dust control plan - Wind erosion - Mining operations - Thoroughfare system - Parks and trails Mr. Brixius recommended approval of the excavation permit and PUD amendment, subject to the conditions listed in the planning report. Gary Reiersen, owner, John Gorman, Surveyor and Engineer, and John Voss of Urban Planning and Design were present to answer questions of the Commission and public. The Commission held a discussion which included: • _ Method of securing the site from snowmobiles and off road vehicles MWCC approval of utilities - Aquifers - Ground water pollution potential - Conveyor system on site - Average slope - Warning signs vs. fencing 93.113 Motion was made by Steigerwalt, seconded by Whittingham to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.114 Motion was made by Miller, seconded by Whitehouse to recommend approval clf the application of Northwest Aggregates, a division of Model Stone Company, for a planned unit development amendment and an excavation permit on land located south of 16Qth Street West and east of Pilot Knob Road subject to the planningg report dated July 9,.1993 as amended, the engineering report dated July 6, 1993 and the Dakota County Soil and Water Conservation District report dated July 7,1993. Roll call was taken on the motion. Ayes: Unanimous. ITEM 11 Daryl Morey reviewed the proposed final plat of Harvey's Maintenance • Building, outlining the planning report of July 9,1993. His review included: . PLANNING COMMISSION MEETING MINUTES JULY 15, 1993 Page 8 - Background. - History - Consistency with the approved preliminary plat - Lots blocks - Maintenance building/site plan - Setbacks - Streets/parking - Grading drainage and erosion control - Tree preservation/landscaping - Wetlands - Park and trail dedication - MUSA Mr. Morey. stated that staff recommends approval of the final plat of Harvey's Maintenance Building subject to nine stipulations listed in the planning report. Jeff Hultgren of Freeborn Mower, Ltd. was present to answer questions of the Commission. The Commission held a discussion which included: - Direction building would be facing - Oil skimmer for the parking lot - Signage - Handicapped parking - Color/exterior treatment of the building (brick, wood texture, and roof) - Inflammable waste trap (Memo from David Krings dated June 30, 1993) After discussion with the developer, the Planning Commission amended stipulations listed in the planning report. These amendments, which were acceptable to Mr. Hultgren, are as follows: 4. Construction of the maintenance building and site shall be according to the site, grading and utilities, and landscape and fencing plans approved by the City Council. 7. The parking and driveway areas shall be paved, curbed and striped to meet Zoning Ordinance requirements and include one handicapped parking space. 10. The garage doors to the maintenance building shall not face 165th Street. 11. The exterior building facade shall be constructed of compatible brick • and/or wood texture with a metal roof, all of which shall be acceptable to City staff and the applicant. 93.116 Motion was made by Steigerwalt, seconded by Whittingham to recommend approval of the final plat of Harvey's Maintenance Building subject to the planning report dated July 9, 1993 as amended. PLANNING COMMISSION MEETING MINUTES JULY 15,1993 Page 9 Roll call was taken on the motion. Ayes: Unanimous. ITEM 12 The public hearing to consider the application of Midwest Asphalt Corporation for an excavation (gravel mining) permit on land located in the northeast corner of 195th Street and Kenrick Avenue was continued from the June 17, 1993 Planning Commission meeting. Frank Dempsey presented an overview of the proposed permit/reclamation plan, outlining the addendum to the planning report dated July 9, 1993. His review included the following: - Final grading and reclamation of the site - Staging of the reclamation work - Inspection of the septic system of the house on the east end of the .gravel pit at 19499 Juno Trail - Final land use plan Mr. Dempsey stated that staff recommends approval of the excavation permit subject to eight conditions listed in the planning report. Richard Bury, property owner and David Blanski, Midwest Asphalt Company, were present to answer questions of the Commission and public. The Commission held a discussion which included: - Septic system of the house - Final land use plan An amendment to the conditions in the findings of fact was made as follows: 3. Abandoned machinery and inoperable equipment shall be removed from the site within thirty (30) days of notification from the City. The operators must be under a contract for at least weekly collection of mixed municipal solid waste during the mining season. 93.117 Motion was made by Whittingham, seconded by Steigerwalt to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.118 Motion was made by Steigerwalt, seconded by Whitehouse to recommend approval of the application of Midwest Asphalt Corporation for an excavation permit on land located in the northeast corner of 195th Street and Kenrick Avenue subject to the planning report dated May 27,1993, the addendum dated July 9, 1993 and. the amended findings of fact. • Roll call was taken on the motion. Ayes: Unanimous. ' PLANNING COMMISSION MEETING MINUTES JULY 15, 1993 Page 10 ITEM 13 There was na unfinished business. ITEM 14 Under new business, Frank Dempsey introduced Mike Harvath, Technical Director of Dakota County Ares/Races who made a presentation regarding a request to amend Section 11.3(5) of the Zoning Ordinance which regulates maximum antenna height. The Commission held a discussion regarding the concept and the permit process. The Commission generally felt the CUP process was appropriate for regulating antenna heights m excess of ordinance standards and that each location for extra height be revised for safety and land use compliance. Commissioners requested clarification of existing antenna height for freestanding and roof mounted antennas. Staff stated further information would be provided. The City Attorney was requested to review the CUP process and fee structure related to licensed ham radio operators. The meeting was adjourned at 11:45 p.m. Respectively submitted: G ira Holliday, R cording Secr ry ATTEST: i r a i rg hair •