Loading...
HomeMy WebLinkAbout08-06-92 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES AUGUST 6,1992 The meeting was called to order by Chair Steigerwalt at 7:00 p.m. Roll call was taken. Present: Miller, Smith, Whittingham, Steigerwalt, Holberg, O'Donnell, Whitehouse. .Also present: Roger Knutson, City Attorney; Mike Sobota, Community Economic Development Director; Robert Erickson, City Administrator; .Keith Nelson, City Engineer; Daryl Morey, Assistant Community & Economic Development Director; Alan Brixius, Planning Consultant, Dave Krings, Chief Building Official; Charlene Friedges, City Clerk. The minutes of the July 16,.1992, Planning Commission meeting were approved as presented. ITEM #4 The continued public hearing on the application of Curt and Patti Kaler for a building .setback variance to .allow the construction of a deck was opened. Mr. Morey explained that the variance request was tabled at the June 25th meeting to allow the Kalers time to redesiggnn their deck plans to meet the 40 foot setback requirement. He stated the Kalers have submitted revised plans which show the proposed -deck being set back 40 feet from the ordinary 'high water level of Orchard Lake. He noted that the Kalers are planning to enclose all but one small section of the lower level of the deck. Mr. Morey went on to explain that Pat Lynch of the DNR indicated in his May 20th letter that he preferred the lower level of the deck not be enclosed. He .also recommended that the Kalers install landscaping in the rear yard between the house and the lake shore as a condition of approval of the proposed deck variance. Copies of the revised deck plans were forwarded to Mr. Lynch for his review. He indicated in his August 4th letter that he still recommends that the lower level of the deck not be enclosed; however,. he recommended additional landscaping be installed by the Kalers if the City approves the deck variance with an enclosed lower level. In response to Miller's question, Mr. Kaler explained that the closed-in portion of the deck will not be insulated and wily merely be used as a seasonal porch. Smith pointed out that the Kalers had been. granted a variance for the house in 1990, and he was opposed to modifying the original variance to include the deck. He felt that the continued encroachment to the lake by homeowners should be stopped. O'Donnell ..stated he did not see a hardship involved with this variance request. PLANNING COMMISSION MEETING MINUTES AUGUST 6,1992 PAGE 2 Mr. Morey explained that the hardship involved with the original variance for the house was that due to the narrow depth of the lot, a house could .not be built that met the required setbacks from both 168th Street and Orchard Lake. There was no other public comment on this item. 92.100 Motion was made by Whittingham, seconded by Miller to close the. public hearing. Rolhcall was taken on the motion. Ayes: Unanimous. Commission members discussed Mr. Lynch's requirement for additional landscapingg. They generally felt that the landscaping could. be worked out between Mr. Lynch, City staff and the I~alers. 92.101 Motion was made by Holberg, seconded by Whitehouse to recommend approval of a building setback variance from the ordinary high water level of Orchard Lake to allow the construction of a deck onto an existing single family dwelling on land located at 11882 - 168th Street West, subject to the findings of fact, with Condition No. 2 to read, "Landscaping shall be installed by October 1, 1992, in conformance with the recommendation of Patrick Lynch of the Department of Natural Resources in his letter dated August 4, 1992". • Roll call was taken on the motion. Ayes, Whittingham, Steigerwalt, Holberg, Whitehouse. Nays, Miller, Smith, O'Donnell. Smith stated he was opposed to the continued encroachments by homeowners to the lake. Miller and O'Donnell stated they wanted to review the revised landscape plan. ITEM #5 The public hearing on .the application of Fred Rgnonti for a conditional use permit to allow a second detached accessory building on a single family residential lot was opened. The City Attorney attested that legal notices were duly published and mailed. Mr. Morey provided an overview of Mr. Rgnonti's request to retain two .detached garages on his property at the northeast corner of 205th Street and Judicial Road. He explained that Mr. Rgnonti was granted a building permit to construct a<three-car detachedgarage in October of 199E Mr. Rgnonti was required to remove the existing two-car garsge upon completion of the new garage. He has now indicated that he would like to keep both garages, which requires a conditional use permit. Mr. Morey explained that the survey submitted by Mr. Rgnonti indicated that the newly constructed three-car garage was actually located on the property to the north, and the .two-car garage straddled the north property boundary. • The property owners to the north have agreed to sell Mr. Rgnonti the south 80 PLANNING COMMISSION MEETING MINUTES AUGUST 6,1992 • PAGE 3 feet of their property,:. and an administrative .subdivision to accommodate this property reconfiguration. is required in conjunction with the conditional use permit. It was pointed out that the two property owners immediately to the east of Mr. Rgnonti have both received conditional use permit approval for detached accessory buildings. Mr. Morey explained that both 205th Street and Judicial Road are designated as major collector streets in the City's Transportation Plan. -The City Engineer will evaluate .the need for additional roadway easements for these twostreets as part of the: administrative subdivision. Mr. Rgnonti explained that he did not realize his need for a second garage until after the three-car garage was built and he decided he needed more storage space. Holberg recommended Condition E of the conditional use permit be amended to indicate the additional roadway easements necessary for 205th Street and Judicial Road.. City Engineer Keith Nelson stated that a 50-foot north- half right-of--way far 205th Street and a 40-foot east half ,right-of--way for Judicial Road is required. Both streets currently have 33-foot half rights of way. Whitehouse asked that an inspection be done on .the old garage to ensure that . it is structurally sound. There was no other public comment on this item. 92.102 Motion was made by Miller, seconded by O'Donnell to close the public hearing. Roll call was taken on the motion. Ayes, Unanimous. 92.103 Motion was made by Whitehouse, seconded by Miller to recommend approval of a conditional use permit to allow a detached accessory building on a .single family residential lot located at 20486 Judicial Doad, subject to .the July 31st staff report and findings of fact, with additional stipulations that the two-car garage be inspected for structural soundness and the dimensions of the roadway easements for 205th Street and Judicial Road be specified.. Roll call was taken on the motion. Ayes, Unanimous. -ITEM #6 The public hearing to consider the preliminary plat of Rolling Knolls Plat Two was opened. The City Attorney attested that legal notices. were .duly published and mailed. Mr. Morey presented the preliminary and final plat of Dolling Knolls Plat Two, which consists of 28 single family residential lots located north and west of the Rolling Knolls subdivision, east of Rolling Oaks Park and south of Rolling Oaks South Plats Seven .and Eight.. He .explained that. Rolling PLANNING COMMISSION MEETING MINUTES AUGUST 6,1992 PAGE 4 Knolls. Plat .Two represents a revision to the layout of the approved Alpine Village preliminary plat, in that nine lots have been .eliminated in order to bring the. lots more into conformance with R-2 District requirements for lot area and. width. He went on to explain that all 28 lots meet R-2 District requirements for lot width,. and aii but four lots meet R-2 District requirements for lot area. The elimination of nine lots has resulted in a significant reduction in density. The average lot size will be 12,934 square feet under the current proposal, compared with 9,530 under the approved .Alpine pillage preliminary ..plat. IVIr. Morey pointed out hat the: elimination of a lot in Block 2 would bring all lots into conformance with R-2 District requirements for both lot width and lot area. Mr. Morey stated a $35,500 security was posted by the developer earlier this year with preliminary and final plat approval of Rolling Knolls to ensure the future construction of 167th Street. The development of Rolling Knolls Plat Two will complete the construction of 167th Street through the Rolling Oaks development. Jonray Court will be constructed on the north side of 167th Street. Driveway access for the two corner lots in this flat must be off of Jonray Court rather than .167th Street, given .167th Streets status as a minor collector.. Mr. Morey pointed out that site grading was completed in 1988 under an approved. grading plan for. Rolling Oaks South Plats Five and Six,. and only minor re-grading will be required at this time. He also stated there are. no significant trees or wetlands located within the boundaries of this plat. The developer, Mr. Duane Dietrich, stated he was not in favor of eliminating another lot, since he has aheady eliminated 22 lots in order to bring lots more into conformance with R-2 District requirements, even though a PUD was approved with the Rolling Oaks. development. Commission members indicated that while they preferred to see all lots meet the R-2 District requirements, they felt that the developer had been very cooperative in efforts to significantly decrease the density of this plat. 92.104 Motion was made by O'Donnell, seconded by Miller to close the public hearing. Roll call was taken on the motion. Ayes, Unanimous. 92.105 Motion was made by Whittingham, seconded by Holberg to recommend approval of the preliminary plat of Rolling Knolls .Plat Two and a minor comprehensive plan amendment to bring the property into the Year .2000 Urban Service Area, subject to the July 27th planning. report, :the .July 29th engineering report and the July 30th report by the Dakota County Soil and Water Conservation District. Roll callwas taken on the motion. Ayes, Unanimous. ITEM #7 • 92.106 Motion was made by Holberg, seconded by Whitehouse to recommend. approval of the final plat of Rolling Knolls Plat Two. Roll call was taken on the motion. Ayes, Unanimous. PLANNING COMMISSION MEETING MINUTES AUGUST 6,1492 PAGE 5 Recess: $:10 p.m. ITEM #8 The public hearing to consider the preliminary plat. of Stonebriar was opened at 8:20 p.m. The City Attorney .attested that legal notices were duly published and mailed. Planning Consultant Alan Brixius .presented ..the preliminary pplat, which consists of 104 single :family homes on 53.42 acres of land. Mr. Brixius explained that previous proposals by he applicant have included the 2.18 acre portion of property located west of Jackson Circle in the proposed plat. This proposal, however, does not include the 2.18 acres as part of the plat. Concern has been raised regarding the creation of anon-conforming remnant by not .including the area in the .plat. As such, the 2.18 acre piece of land must be included within the ~rehminary plat and platted as an outlot. The City staff recommendation is to dedicate this 2.18 acres to the City as park land. Mr. Brixius stated another issue in regard to the submitted legal description is the inclusion of the proposed Outlots B and C of Lynwood South 2nd Addition. No such platted outlots exist at the present time, therefore, creating an inaccurate legal description. He indicated that if the parcels are to be included in the plat but are not under the control of the applicant, the property owner must also sign off on the plat. Mr. Brixius stated the irregular shape of numerous lots within the subdivision is also an issue. The unique configuration stems from attempting to maximize development upon the site, while meeting existing street connections to adjacent subdivisions. Staff recommends the irregular shaped lots, which. result in reduced building pads, be .eliminated andlor combined with adjacent lots. Section 10-3-2.D of the City's subdivision ordinance allows the City to review any protective covenants which the developer is proposing at the time of preliminary plat review. Mr. Brixius stated the staff ~s asking .that protective covenants be provided, since neighboring subdivisions have protective covenants. A tree preservation plan has been submitted, which proposes the preservation of 134 trees, oar 23 :percent of the significant trees. The plan does not identify the limits of mass grading, or clearly identify which lots will be custom graded in an effort to preserve trees. The west and southwest areas of the Stonebriar plat are characterized by large stands of significant trees and quality wetlands. It is recommended that the 2.18 acre exception west of Jackson Circle be included in the preliminary plat and. dedicated as park land. It is further recommended that Lots 4 and 5, Block 6, and the adjacent . Jackson. Circle right-of-way be dedicated as park land. Mr. Brixius explained that. his report recommends l3 modifications to the plat prior to approval. The Environmental Affairs Committee reviewed the PLANNING COMMISSION MEETING MINUTES AUGUST b, 1992 PAGE b preliminary plat at its August 4th meeting and recommended denial based on ..the lack of complete information, and identified six issues which the developer needs to address. Mr. Jim Render of Render Development responded to the following issues raised by staff: - Developer is willing to change the legal description removing Outlots B ....:and C of the proposed Lynwood South 2nd Addition. - Developer will work with staff to demonstrate that each lot conforms to the R-21ot width requirements. - Developer will provide protective covenants before final plat approval. - Developer stated the southwesterly extension. of .Jackson Circle will not be eliminated, as it is needed to provide access. - Developer was not concerned with the curve along Jackpine Trail, as it will only be traveled on by residents of the immediate area. - Developer stated a revised concept plan for the exception area will be provided with the final plat. • - Developer stated a revised. utility plan will be provided with the final plat. - Developer felt that the mitigation plan as submitted meets the City's requirements. - Developer stated additional soil borings will be taken before final plat approval. - Developer stated the revision. of Lot 8, Block 8 to conform to R-2 standards will be indicated on the final plat. - Developer will provide a very detailed tree preservation plan with the final grading plan, and they intend to work diligently to save trees in all areas of the plat, not just Lot 7. .:Questions/comments from the audience: Ms. Ann Hagen, 17135 Isleton Avenue, expressed concern about the preservation of trees and wetlands (W-I and W-H) throughout the proposed development. She asked for some kind of guarantee on the success of the mitigation plan and preservation of trees. She raised a concern regarding the sharp curve of Jackpine Trail through the plat and suggested that making this curve more gradual would increase safety and possibly result in saving some additional • trees. Mr. Bob Boehmer,172b3 Jasmine Court, expressed concern regarding the removal of significant. trees in the plat. PLANNING COMMISSION MEETING MINUTES AUGUST 6,1992 . PAGE 7 Mr. Dave Tabaka, representing the owners of the exception area, (Mrs. Tabaka and the Rahns), stated their driveways currently access Ipava Avenue,. which creates a safety concern due to the increased traffic along Ipava Avenue. He submitted a letter recommending that the. Tabaka and Rahn properties access the proposed 171st Street. Mr. Dave ::Morse ':and Mr. Tom Christensen of the Rock Ridge subdivision, proposed a 20-foot minimum natural vegetation wetland conservation easement, as proposed by the•City.Engineer, ,be established around the entire perimeter of Wetland W-O so that it is disturbed as little as possible. Commission members generally felt that the tree preservation plan should be revised to save more than 23% of the. trees. Commission members also indicated that they were not opposed to .development of this area, but felt that the developer needed to be more sensitive to the wetland and natural environment that exists. It was also stated that commission and staff members had difficulty identifying the significant trees on site from what was indicated in the tree inventory. A numbering system in the field was not apparent to determine which trees in the field had been identified. Mr. Render stated his engineer's field notes would be able to identify each individual tree. He stated that previously dictated points of alignment in previous plats take precedence over wetland and tree preservation when laying out the plat. Mr. Render stated he felt the amount of traffic on Jackpine Trail would be extremely minimal, stating .the sharpness of the curve was created due. to the preservation of wetlands and trees. When asked if he would consider straightening outthe curve by eliminating a lot,"he stated he would not. Mr. Jim Stickney, 17169 Isleton Avenue, stated he felt the removal of the Jackpme Trail curve would not have an effect on the wetland, as indicated by Mr. Render. Mr. Scott Johnson of Arcon Development, owner of the property to the west of Stonebriar, stated his property is being landlocked and asked why his rights and interests .are.. not being protected. Mr. Erickson disagreed with Mr. Johnson and explained that Mr. Render has. signed as co-owner. of Mr. Johnson's .property in question. Mr. Dan Stinnett,. 10101 174th Street West, -stated he felt the protection of wetlands and water quality are .important .issues that need to be addressed with this plat. He agreed that a wetland buffer zone should be established. Mr. Erickson stated .the City serves as the LGU that controls wetlands, and City staff would be happy to work with the developer's engineers on this matter. • Chair Steigerwalt stated she sensed the need to recommend the City Council require the developer to prepare an Environmental Assessment Worksheet on the Stonebriar plat. PLANNING COMMISSION MEETING MINUTES AUGUST 6,1992 • PAGE 8 Mr. John Prins of Render Development stated the plat has undergone seven revisions. in a staff review process that is in its 20th month. He pointed out the tremendous topography in the area and the points of alignment that .dictate the way the streets. can be laid out. He stated he felt all City ordinance requirements are being met. When .asked if he would be willing to eliminate additional .lots, Mr. Render tated he would be willing o remove a lot or two-between preliminary and final plat approval. He stated he would like specific direction from the. commission as to how the plat should be laid out. He stated he is willing. to comply with City ordinances. As a point of clarification, Mr. Erickson stated the staff review process .began primarily in April. of this year, when the wetland delineation and mitigation plan was submitted by the developer. Mr. Frank Walz, attorney for Render Development, talked about Mr. Bender's arrangements with Arcon Development for the exception area and stated in his opinion, that area does not need to be -.included in the plat as long as the transaction is not recorded. Planning Consultant. David Licht stated an administrative .subdivision for that . 2.18 acre piece of land would have to be approved before it can be subdivided. City Attorney Roger Knutson recommended the Planning Commission direct staff to prepare findings of fact on its recommendation. 92.107. Motion was made by O'Donnell, seconded by Smith to close the public hearing. Roll ca l was taken on the motion.. Ayes, Unanimous. Commission members recommended the modifications to the preliminary plat of Stonebriar, as listed in the July 2nd planning report, be amended as follows: Item No. 7 be expanded to include the elimination of Lot 4, Block 7 in an effort to straighten out the curve on Jackpine Trail, in accordance with Minnesota Department of Transportation standards; Item No. 8 be expanded to reference Plan A as identified in the Planner's -Report, as well as Mr. Tabaka's plan for he exception area; Item No. 12 be expanded to require that all trees be delineated per the City's Tree Preservation Policy; Item No. 14 be added directing staff to .prepare findings of fact and recommendation for the Planning Commission to consider at their next meeting; Item. No, 15 be .added to recommend to the City Council that an Environmental Assessment Worksheet be required for this plat. PLANNING COMMISSION MEETING MINUTES AUGUST 6,1992 • PAGE 9 92.108 Motion was made by Miller, seconded by O'Donnell to recommend approval of the preliminary plat of Stonebriar subject to the July 2nd plantung report as amended, the July 2nd engineering report, the July 29th recommendations o£ the Dakota County Soil and Water Conservation District, and. recommendations of the Environmental Affairs and Parks & Recreation Committees; and to review the findings of fact and recommendation prior to City Council consideration of the prehrninary plat, Roll call was taken on the motion. Ayes, .Smith, Whittingham, Steigerwalt, Holberg, O'Donnell Nays, Miller and Whitehouse. Miller and .Whitehouse stated they did not feel all of .the conditions have been met. ITEM #9 Gary Tushie and. Jack Matasosky, members of the Economic Development Commission,. discussed with .the Planning Commission members issues identified by the. Economic Development Commission regarding the proposed architectural review guidelines submitted by Commission member O'Donnell. Mr. Tushie .stated he felt the City is in a position to start making some architectural standards to protect businesses and homeowners in preventing new development • that is inconsistent with what exists, especially in the downtown area of the City.. Mr. Matasosky indicated he can foresee. a .problem with implementation of architectural review guidelines and suggested different criteria be .established for the various parts of the community. Mr. Erickson stated. he was unsure as to whether these site review requirements are included in the current City ordinances. He stated staff will review the matter and report back at a later date. Themeetingwas adjourned at 11:00 p.m. Respectfully submitted, Charlene Friedges, City C k Chris Steigerwalt, Chair