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HomeMy WebLinkAbout12-09-93 ~ ~ CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES DECEMBER 9,1993 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: Whitehouse, Luick, Steigerwalt, Whittingham, Smith, Miller. (Holberg arrived at 7:40 p.m.). Also present: Robert Erickson, City Administrator; Michael Sobota, Community and Economic Development Director; Tom Scott, Assistant City. Attorney; Daryl Morey, City Planner, Frank Dempsey; Associate Planner; Jeff Oliver, Assistant Engineer; Mira Holliday, Recording Secretary. The minutes of the November 18,1993 Planning Commission meeting were approved as printed. Jeff Oliver briefed the Planning Commission regarding recommendations made by the Environmental Affairs Committee at their December 7, 1993 meeting on the following: Viking Square Fourth Addition, Bracketts Townhomes 4th Addition, Lake Marion Estates 3rd Addition; Cedar Highlands Fifth Addition, Hypointe Crossing 4th Addition and the conditional use permit for outdoor storage on 195th Street. • ITEM 4 The public hearing to consider the application of the City of Lakeville for a minor Comprehensive Plan amendment to bring the Jack and Vivian Pavlike property mto the. Year 2000 Urban Service Area on land located at 10747 202nd Street. West was opened. The City Attorney attested that all legal notices had been duly published and mailed. Michael Sobota reviewed the proposed amendment. He stated that municipal sewer and water had been made available to the Jack and Vivian Pavlike property through the development of the Marion Village Second Addition residential development. He further stated that current City ordinance requires that properties hook-up to municipal services within two years after being made available to the property. He stated staff recommends approval of the amendment to the 2000 MUSA boundary in order to allow an extension of public sewer to the Pavlike property. A brief discussion was held by the Commission. There was no public comment. 93.179 Motion was made by Smith, seconded by Whitehouse to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. i v j PLANNING COMMISSION MEETING MINUTES DECEMBER 9, .1993 PAGE 2 93.180 Motion was made by Whitehouse, seconded by Smith to recommend approval of the application of the City of Lakeville for a minor Comprehensive Plan amendment to bring the Jack and Vivian Pavlike property into the Year 2000 Urban Service Area on land located at 10747 202nd Street West subject to the planning report dated December 1, 1993. Roll call was taken on the motion. Ayes: Whitehouse, Luick, Steigerwalt, Whittingham, Smith. Nay: Miller. The reason for Miller's nay was the applicant was not present. ITEM S The public hearing to consider the application of Robert Bono and Susanne Gerndt for a conditional use permit to allow a one story entrance for a single family residential dwelling to extend into the front yard building setback on land located at 17104 Hemlock Court was opened. The City Attorney attested that all legal notices had been duly published and mailed. Frank Dempsey reviewed the proposal for the one story entrance, outlining the planning report dated December 2, 1993. His review included: .Background - Zoning - Setbacks - Comprehensive Plan - History - Renovation of house Mr. Dempsey. stated that staff recommends approval of the conditional use permit subject to two recommendations listed in the planning report. Mr. Bono was present to answer questions of the Commission and public. There was no public comment. The Commission held a discussion which included: - Side porch - Raising of the house 93.181 Motion was made by Steigerwalt, seconded by Luick to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. • PLANNING COMMISSION MEETING MINUTES DECEMBER 9, 1993 PAGE 3 93.1$2 Motion was made by Steigerwalt, seconded by Smith to recommend approval of the application of Robert Bono and Susanne Gerndt for a conditional use permit to allow a one story entrance for a single family residential dwelling to extend into the front yard building setback on land located at 17104Hemlock Court subject to the planning report dated December 2, 1993. Roll call was taken on the motion. Ayes: Unanimous. ITEM 6 The public hearing to consider the application of the City of Lakeville to amend Conditional Use Permit No. 93-11 to allow three temporary office buildings for the Lakeville Police Station located at 20110 Holyoke Avenue was opened. The City Attorney attested that all legal notices had been duly published and mailed. Frank Dempsey reviewed the proposed amendment, outlining the planning report dated December 1, 1993. He explained that the Lakeville Folice Station addition was approved by conditional use permit in October of 1993. The request for amendment has been submitted to allow the installation of three temporary office buildings which would be used by the Police Department staff while the remodeling and building addition is underway. He further stated the three temporary buildings will be located outside the existing squad car garage near the northeast corner of the existing building. Mr. Dempsey stated that staff recommends approval of the conditional use permit amendment subject to the stipulations listed in the planning report. Investigator Bill Forbord and Lt. Greg Style, representing the Police Department. were present to answer questions of the Commission and public. There was no public comment. The Commission held a discussion which included the location of exits and the date of completion of the new addition. .93.183 Motion wasmade by Miller, secondedby Luick to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.184 .Motion was made by Miller, seconded by Steigerwalt to recommend approval of the application of the City of Lakeville to amend Conditional Use Permit No. 93-11 to allow three temporary office buildings for the Lakeville Police Station located at 20110 Holyoke Avenue subject to the planning report dated December 1,1993. Roll call was taken on the motion. Ayes: Unanimous. ITEM 7 The public hearing to consider the application of the City of Lakeville for a :conditional use permit to construct the Lakeville Civic Arena and provide PLANNING COMMISSION MEETING MINUTES DECEMBER 9,1993 PAGE 4 off-site parking on land locate near the northeast intersection of Ipava Avenue and Kenwood Trail was opened. The City Attorney attested that all legal notices had been duly published and mailed. Frank Dempsey reviewed the proposed Civic Arena and off-site parking. His review. included the following: - Task Force created to evaluate the feasibility of constructing the civic arena - Memorandum of Understanding - Contributions - Compatibility with existing land uses in the vicinity - Phasing of construction - Seating capacity - Parking - Zoning Ordinance requirements - Building exterior - Pedestrian Access - Transportation - Landscaping/screening - Site lighting - Utilities/stormwater Mr. Dempsey stated that staff recommends approval of the conditional use permit subject to the seven stipulations listed in the planning report. Dan Klecker, project architect reviewed the proposed layout of the arena. The Commission held a discussion which included: - Surfacing of parking. lot - Phasing of parking lot - Shared parking with Lake Marion Elementary - Landscaping - Interior design - Directional signage on Highway SO - Access to equipment room - Ownership of property - Location of condensers - Walk way from Lake Marion Elementary School - Lighting for walk way - Removal of a portion of the center median on Ipava Ave. - Parking on Ipava (not allowed) - Runoff into pond on High School site = On-site signage The Commission added the following stipulations to the planning report: • h. A paved access drive shall be provided to the equipment space on the east end of the building for service vehicles. i. signage shall be developed and installed asper the sign ordinance PLANNING COMMISSION MEETING MINUTES DECEMBER 9,1993 PAGES j. Prior to paving the parking lot configuration shall be reviewed by City staff. The parking lot for Phase I shall be paved within five. years after the Certificate of Occupancy is approved. Whitehouse stated he feels the parking lot should be completely paved prior to the opening of the arena. He stated he did not agree with the five year provision. 93.185 Motion was made by Miller, seconded by Smith to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.186 Motion was made by Miller, seconded by Whittingham to recommend approval of the application of the City of Lakeville for a conditional use permit to construct the Lakeville Civic Arena and provide off-site parking on land located near the northeast intersection of Ipava Avenue and Kenwood Trail subject to the planning report dated December 1, 1993 with the addition of stipulation h and i. Steigerwalt asked to make a friendly amendment to the motion. Miller and Whittingham agreed. The motion was amended to add stipulation j to the planning report. Roll call was taken on the motion. Ayes: Luick, Steigerwalt, Holberg, Whittingham, Smith. Nays: Miller, Whitehouse. The reason for Miller and Whitehouse's nays were they felt a precedent would be established if the parking lot was not paved before occupancy. ITEM 8 The public hearing to consider the application of Felix Tillges for a planned unit development amendment and the preliminary plat of 15 townhome lots to be known as Viking Square Fourth on land located on Ideal Way west of Dodd Boulevard was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey reviewed the proposed plat, outlining the planning report dated December 3,1993. His review included the following: - Background - History - Zoning and adjacent. land uses - Consistency with the Comprehensive Plan - Consistency with the approved preliminary plat - Density - Lots blocks - Setbacks - Streets - Driveway access and guest parking - Grading, drainage. and erosion control i PLANNING COMMISSION MEETING MINUTES DECEMBER 9, 1993 PAGE 6 - Utilities - Tree preservation - Wetlands - Park and trail dedication - MUSA Mr. Morey stated that staff recommends approval of the preliminary and .final plat and planned unit development amendment for Viking Square Fourth .subject to five stipulations listed in the planning report: Felix Tinges was present to answer questions of the Commission. and public. There was no public comment. The Commission held a discussion which included the following: - Trees along adjacent property line - Silt fencing - Landscape plan - Tree preservation escrow (none) - Shape of the cul-de-sac - Dakota County Soil and Water Conservation District recommendations Setbacks Building height The Commission added the following stipulation to the planning report: 6. A landscape plan shall be submitted for staff review. 93.187 Motion was made by Smith, seconded by Whitehouse to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.188 Motion was made by Miller, seconded by Whitehouse to recommend approval of the application of Felix Tinges for a planned unit development amendment and the preliminary .plat of 15 townhome lots to be known as Viking Square Fourth on land located on Ideal Way west of Dodd Boulevard subject to the planning report dated December 3,1993 as amended, the engineering report dated November 23, 1993, and the Dakota County Soil and Water Conservatcn District report dated November 26, 1993. Roll call was taken on the motion. Ayes: Unanimous. 93.189 Motion was made by Whitehouse, seconded by Smith to recommend approval of the final plat of Viking Square Fourth Addition subject to the planning report dated December 3,1993 as amended, the engineering report dated November 23, 1993, and the Dakota County Soil and Water Conservation . District report dated November 26, 1993. Roll call was taken on the motion. Ayes: Unanimous. PLANNING COMMISSION MEETING MINUTES DECEMBER 9, 1993 PAGE 7 ITEM 9 The public hearing to consider the application of Wensmann Homes, Inc. for a planned unit development amendment and the. preliminary plat of 20 townhome lots and two common area lots to be known as Bracketts Townhomes 4th Addition on land located on the east side of Judicial Raad north of 185th Street West was opened. The City Attorney attested that all legal notices had been duly published and mailed.. Daryl Morey reviewed the proposed plat, outlining the planning report dated December 1, 1993. His review included the following: - Background - History - Zoning and adjacent land uses - Consistency with the Comprehensive Plan - Consistency with the approved preliminary plat - .Density. - Lots blocks - Setbacks - Streets Guest parking Grading, drainage and erosion control - Utilities - Tree preservation - Landscaping - Wetlands - Park and trail dedication - MUSA Mr. Morey stated that staff recommends approval of the preliminary and final plat and planned unit development amendment for Bracketts Townhomes Fourth Addition subject to nine stipulations listed in the planning report. Herb and Elaine Wennsman were present to answer questions of the Commission and public. Tim Erkkila, project manager, was also present. There was no public comment. The Commission held a discussion which included: - Trailways - Location of maintenance building - Fire hydrants - Dakota County Soil and Water Conservation District recommendations 93.191. Motion was made by Steigerwalt, seconded by Luick to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. PLANNING COMMISSION MEETING MINUTES DECEMBER 9,1993 PAGE 8 93.192 Motion was made by Smith, seconded by Miller to recommend approval of the application of Wensmann Homes, Inc. for a planned unit development amendment and the preliminary plat of 20 townhome lots and two common area lots to be known as Bracketts Townhomes 4th Addition on land located on the east side of Judicial Road north of 185th Street West subject to the planning report dated December 1,1993, the engineering report dated November 24, 1993, the Dakota County Soil and Water Conservation District report dated November 26,1993, and the recommendations of the Environmental Affairs Committee. Roll call was taken on the motion. Ayes: Unanimous. 93.193 Motion was made by Miller, seconded by Whitehouse to recommend approval of the final plat of Bracketts townhomes Fourth Addition subject to the planning report dated December 1, 1993, the engineering report dated November 24,1993, the Dakota County Soil and Water Conservation District report dated November 26,1993, and the recommendations of the Environmental Affairs Committee. Roll call was taken on the motion. Ayes: Unanimous. ITEM 10 The public hearing to consider the application of Builders Development, Inc. for the preliminary plat of 52 single family residential lots to be known as Lake Marion Estates 3rd Addition and a minor comprehensive plan amendment to bring the property into the Year 2000 Urban Service Area on land located south of 205th Street and west of Jacquard Avenue was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented an overview of the proposed preliminary and final plat, outlining the planning report of December 3,1993. His review included the following: - :Background - History - Zoning and adjacent land uses - Consistency with the Comprehensive Plan - Consistency with the approved preliminary plat - Density - Lots blocks - Outlots - Setbacks - Streets - Street name changes - Grading, drainage and erosion control • _ Tree preservation Wetlands - Park and Trail Dedication - MUSA PLANNING COMMISSION MEETING MINUTES DECEMBER 9, 1993 PAGE 9 Mr. Morey stated that staff recommends approval of the preliminary and final plat of Lake Marion Estates 3rd Addition subject to seven stipulations listed in the planning report. Fritz Van Nest was present to answer questions of the Cammission and public. The Commission held a discussion which included:. - Tree preservation - Mass grading on Jasmine Circle - Exterior drainage capacities - .Runoff and drainage in regard to Royal Woods - Street names Jodi Waxton, a resident of Royal Woods expressed her concerns regarding the loss of trees, the wetland and drainage in the immediate area. Staff addressed her concerns. 93.194 Motion was made by Steigerwalt, seconded by Smith to close the public hearing. Roll call was taken on the motion. Ayes:. Unanimous. 93.195 Motion was made by Miller, seconded by Steigerwalt to recommend approval of the application of Builders Development, Inc. for the preliminary plat of 52 single family residential lots to be known as Lake Marion Estate 3rd Addition and a minor comprehensive plan amendment to bring the property into the Year 2000 Urban Service Area on land located south of 205th Street and west of Jacquard Avenue subject to the planning report dated December. 3, 1993, the engineering report dated December 3, 1993, the Dakota County Soil and Water Conservation District report dated December 1, 1993 and the recommendations of the Environmental Affairs Committee. Roll call was taken on the motion. Ayes:. Unanimous. 93.196 Motion was. made by Steigerwalt, seconded. by Miller to recommend approval_of the final plat of Lake Marion Estates 3rd Addition subject to the planning report dated December 3, 1993, the engineering report dated December 3, 1993 and the Dakota County Soil and Water Conservation District report dated December 1,1993. Roll call was taken on the motion. Ayes: Unanimous. ITEM 11 The public hearing to consider the application of Jad Ron Corporation for • the preliminary plat of 60 single family residential lots to be known as Cedar Highlands Fifth Addition and a minor comprehensive plan amendment to bring the property into the Year 2000 Urban Service Are on land located on the east side of Cedar Avenue at 170th Street was continued from the previous meeting. PLANNING COMMISSION MEETING MINUTES DECEMBER 9, 1993 PAGE 10 Daryl Morey noted the developer had now submitted complete plans and reviewed the proposed preliminary plat, outlining the planning report dated December 3, 1993. His review included the following: - Background - History - Zoning and. adjacent land uses - Consistency with the Comprehensive Plan - Consistency with the approved preliminary plat - Phasing - Density - Lots blocks - Outlots - Setbacks - Streets - Grading, drainage and erosion control - Utilities - Tree preservation - Landscaping - Wetlands - Park and trail dedication - MUSA Mr. Morey stated that staff recommends approval of the preliminary plat of Cedar Highlands Fifth Addition subject to 21 stipulations listed in the planning report. Ken Applebaum and Don Detluf, representing the developer, were present to answer questions of the Commission and public. There was no public comment. The Commission held a discussion which included: - Trailway - Berming along Cedar Avenue - Drainage - Tree preservation - Possibility of fencing along. the south boundary of Outlot A 93.197 Motion was made by Miller, seconded by Whitehouse to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.198 Motion was made by Miller, seconded by Steigerwalt to recommend approval of the application of Jad Ron Corporation for the preliminary plat of 60 single family residential lots to be known as Cedar Highlands Fifth Addition and a minor comprehensive plan amendment to bring the property into the Year 2000 Urban Service Area on land located on the east side of Cedar Avenue at 170th Street subject to the planning report dated December 3, 1993, the engineering report dated November 26, 1993 and the Dakota County Soil and Water Conservation District report dated November 26, 1993. PLANNING COMMISSION MEETING MINUTES DECEMBER 9,1993 PAGE 11 Roll call was taken on the motion. Ayes: Unanimous. ITEM 12 The public hearing to consider the application of U.S. Homes Corporation far the preliminary plat of 141 single family residential lots to be known as Hypointe Crossing 4th Addition and a minor comprehensive plan amendment to bring the property into the Year 2000 Urban Service Area on land located south of 165th Street and west of Highview Avenue was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented an overview of the proposed preliminary plat, outlining the planning report dated December 3, 1993. His review included the following: - Background - History - Zoning and adjacent land uses - Consistency with the Comprehensive Plan - Consistency with the approved preliminary plat Phasing - Density - Lots/blocks - Outlots - Setbacks Streets - Grading, drainage and erosion control - Utilities - Tree preservation - Wetlands - Park and trail dedication - MUSA Mr. Morey stated that staff recommends approval of the preliminary plat of Hypointe Crossing 4th Addition subject to 13 stipulations listed in the planning report. Lee Johnson of U.S. Homes was present to answer questions of the Commission and public. He presented the phasing plan and provided an overview of the grading plan for the project. There was no public comment. The Commission held a discussion which included: - Retaining wall adjacent to Lot 9, Block 2 Plans for surrounding property Sidewalk construction - Dedication of outlots • PLANNING COMMISSION MEETING MINUTES DECEMBER 9, 1993 PAGE 12 The Commission made the. following amendment to stipulation number 7 of the planning report: 7. Outlots A-D must be deeded to the City to meet the drainage requirements of the individual phases to be approved with the final plat of the first phase of development of Hypointe Crossing 4th Addition. 93.199 Motion was made by Smith, seconded by Luck to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.200 Motion was made by Smith, seconded by Miller to recommend approval of the application of U.S. Homes Corporation for the preliminary plat of 141 single family residential lots to be known as Hypointe Crossing 4th Addition and a minor comprehensive plan amendment to bring the property into the Year 2000 Urban Service Area on land located south of 165th Street and west of Highview Avenue subject to the planning report dated December 3,1993, as amended, the engineering report dated December 3, 1993 and the Dakota County Soil and Water Conservation District report date December 1, 1993. ITEM 13 The public hearing to consider the application of Charles McCarty and Joan Lovelace for. a conditional use permit to allow outdoor storage on a lot where public sewer is not available in the B-4, General business District, on land located at the southeast corner of 195th Street west 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 December 3, 1993. His review included the following: - Background - Utilities - Surrounding land uses - Zoning Ordinance requirements - Site Characteristics - Access/drive circulation/parking - Utilities - Grading/stormwater/erosion control - Landscaping/screening/existing trees - Security and lighting - Signage . Mr. Dempsey stated that staff recommends approval of the conditional use permit for Charles McCarty and Joan Lovelace for an open. and outdoor storage facility subject to five stipulations listed in the planning report. PLANNING COMMISSION MEETING MINUTES DECEMBER 9, 1993 PAGE 13 Mike Falk, representing the developer and Joan. Lovelace were present to answer questions of the Commission and public. The Commission held a discussion which included: - Potential view from Lake Marion - Possibility of security problems - Screening from Kenrick Avenue/I-35 - Recycled bituminous surface vs. crushed concrete - Sunset agreement - Insurance - Snow storage The Commission recommended the following amendments to the stipulations listed in the planning report. 1. Additional wording: Commercial trash containment will be provided on site. 2. Additional wording: A letter of :Credit for $15,000 be provided for landscaping/erosion control. • 6. No person. or persons shall be permitted to reside on the property. 7. The Conditional use permit shall be reviewed by the Planning Commission and City Council for conformance with City performance standards and conditions by January 1, 1996. 8. All outside storage now located at Gopher Mini Storage shall be relocated to the outdoor storage property. 93.201 Motion was made by Smith, seconded by Steigerwalt to close the .public hearing. Roll call was taken on the motion. Ayes: Unanimous. 93.202 Motion was made by Smith, seconded by Steigerwalt to recommend approval cif the application of Charles McCarty and Joan Lovelace for a conditional use permrt to allow outdoor storage on a lat where public sewer is not available in the B-4, General Business District, on land located at the southeast corner of 195th Street West and Kenrick Avenue subject to the planning report dated December 1,1993 as amended. Roll call was taken on the motion. Ayes: Luick, Steigerwalt, Holberg, Whittingham, Smith, Miller. Abstain: Whitehouse. There was no unfinished or new business. • Chair Holberg adjourned the meeting at 12:00 midnight. 4 • PLANNING COMMISSION MEETING MINUTES DECEMBER 9,1993 PAGE 14 Respectively submitted: Mira Holliday, Recording Secretary ATTEST: Mary Liz Halberg, Chair