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HomeMy WebLinkAbout08-20-92 CITY OF LAKEVII_,LE PLANNING COMMISSION MEETING MINUTES AUGUST 20,1992 The meeting was called to order by Chair Steigerwalt at 7:00 p.m. in the City Hall Council Chambers. Roll call of members was taken. Present: Whitehouse, Holberg, Steigerwalt, Whittingham, Smith, Miller. Absent:. O'Donnell. Also present: Robert Erickson, City Administrator; Jim Walston, Assistant City Attorney; Michael Sobota, Community and Economic Development Director; David Licht, NAC; Daryl Morey, Assistant Community and Economic Development Director; Jeff Oliver, Assistant Engineer; Mira Holliday, Recording Secretary. The minutes of the July 30,1992 Special Joint Planning Commission and Environmental Affairs Committee meeting and the August 6,1992 Planning Commission meeting minutes were approved as written. ITEM #4 The findings of fact regarding the Stonebriar preliminary plat were discussed. Holberg suggested recommendation number 11 be revised to read as follows: 11. Revise the tree preservation plan to inventory all significant trees in the plat. The measures to be taken to protect trees must also be indicated on the tree preservation plan. Such measures must include, but not be limited, to adjusting lot lines if appropriate. The plan must be signed by a registered forester or landscape architect. 92.107 .Motion was made by Holberg, seconded by Smith to approve the findings of fact as amended regarding the Stonebriar preliminary plat. Roll call was taken on the motion. Ayes: Unanimous. ITEM #5 The public hearing to consider the application of Messiah Lutheran Church for the preliminary plat of one lot and one outlot to be known as Messiah Lutheran Church Addition and a minor comprehensive plan amendment to bring .the property into the Year 2000 Urban Service Area on land located at 16725 Highview Avenue was opened. The City Attorney attested that the legal notice had been duly published and mailed, however the notice for a conditional use permit amendment which accompanied this application had not been published. Staff recommended that the item be tabled until the September 17, 1992 Planning Commission meeting to allow time for the conditional use permit amendment legal notice to be published. 92.108 Motion was made by Miller, seconded by. Smith to continue the public hearing until the September 17,1992 Planning Commission meeting.. y Y • PLANNING COMMISSION MEETING MINUTES AUGUS'T' 20,1992 Page 2 Roll call was taken on the motion. Ayes: Unanimous. ITEM #6 The public hearing to consider the application of Independent School District 194 for an amendment to Conditional Use Permit No. 89-09 to allow an expansion of the Family Learning Center located at 17749 Juniper Path in the Kenwood Shopping Center was. opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey reviewed the proposed expansion, outlining the planning report of August 14,1992. He discussed the following: - Background of original conditional use permit granted May 15,1989 - Conditional use permit amendment granted August 5,1991 - Expansion into the existing adjacent bay. - Parking analysis prepared by Welsh Companies - Employee parking spaces (rear of building) - Snow storage Mr. Morey stated that provided the proposed expansion of the Family • Learning Center does not create an additional parking demand for the Kenwood Center site, staff recommends approval of the conditional use permit amendment request. He further stated that staff was concerned that the existing on-site parking supply would not be able to accommodate any further expansion of this use. Staff recommendation for approval of the conditional use permit amendment is subject to four stipulations listed in the planning. report. The Commission held a discussion which included: - Parking - Striping of parking spaces - Snow storage/removal There was no public comment. 92.109 Motion was made by Miller, seconded by Smith to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 92.110 Motion was made by Holberg, seconded by Whitehouse to recommend approval of .the application of Independent School District 194 for a conditional. use permit to allow an expansion of the Family Learning Center located at 17749 Juniper Path in the Kenwood Shopping Center subject to the planning report of August 14,1992 and the findings of fact. • Roll call was taken on the motion. Ayes: Unanimous. 4 f i PLANNING COMMISSION MEETING MINUTES AUGUST 20,1992 Page 3 ITEM #7 The public hearing to consider the application of Del. Einess for a conditional use permit to allow a Goodyear Tire store on land located in the southwest corner of Junelle Path and 173rd Street West was opened. The City Attorney attested that all legal notices had been duly published and mailed. MichaeY Sobota reviewed the proposed 5,965. square foot tine service store, outlining the .planning report by Northwest Associated Consultants, Inc. dated August 13,1992. He reviewed the following: - Conditional use permit criteria (Section 4.2(5) of the Zoning Ordinance) - Lot area - Lot width - Setbacks - Off-street parking - Parking lot design - Curb cuts Landscaping • _ Trash.:enclosure Loading - Building height - Outside storage - Lighting - Building appearance - Parking lot surfacing/curbing - Signage Mr. Sobota stated that staff recommends approval of the conditional: use permit subject to nine stipulations listed in the planning report. Mr. Dale Einess, Developer and Bob Mikulak, Project Manager, were present to answer questions of the Commission and public. The Commission held a discussion which included: - Width of north driveway entrance - Snow storage (concern over visibility at driveway entrance to street) - Natural vegetation to be saved - Number of employees {approximately 10) - Loading area - Outdoor storage (none} - Striping of loading area - Signage Irrigation for plants Need for oil skimmer ~ t • PLANNING COMMISSION MEETING MINUTES AUGUST 20,1992 Page 4 Holberg suggested that City staff .review the Zoning Ordinance regarding the adequacy of the current parking requirement for this type of business. Jim Walston stated a stipulation should be added to the conditional use permit stating the City and the property owner shall enter into a special assessment agreement. He referred to page two of the engineering report dated. August .13,1992 which recommends that a $7,480.60 assessment be placed upon this property. This assessment is a prorated portion of the assessment deferred for Improvement Project 80-13. Diane Gossard, a resident of Argonne Farms, questioned the closeness of the Pizza Hut driveway. She also questioned the lighting plan for the project and the need for street lighting in the area. 92.111 Motion was made by Whittingham, seconded by Miller to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 92.112 Motion was. made by Holberg, seconded by Whitehouse to recommend approval of the application of Del Einess for a conditional use permit to allow a Goodyear Tire store on land located in the southwest corner of Junelle Path and 173rd Street West subJ'ect to the planning report of August 13,1992, the engineering report of August 13,1992, the conditional use permit as amended and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. ITEM #8 The public hearing to consider the application of Richard Todd for the preliminar~+ plat of three single family residential lots to be known as Todd Addition on land located in the southeast corner of Hollins Avenue and 205th Street West was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented an overview of the proposed three single family residential lot preliminary and final plat, outlining the planning report of August 14,1992. He discussed the following: - ..Background - History - Consistency:with the Comprehensive Plan - Density - Lots and blocks - Streets - Grading, drainage and erosion control - Environmental Affairs Committee recommendation - Dakota County Soil and Water Conservation District recommendation - Tree preservation PLANNING COMMISSION MEETING MINUTES AUGUST 20,1992 Page 5 - Wetlands - Park and trail dedication - MUSA Mr. Morey stated staff recommends. approval of the Todd Addition preliminary and final. plat subject to five stipulations fisted in the planning report. Mr. Todd was present to answer questions of the Commission and public. The Commission held a brief discussion. Mike Denway of 206th Street expressed his concern over additional traffic the additional homes could generate, safety for neighborhood children, the amount of time Mr. Todd is taking in constructing the houses, and the lowering of his property value due to the additional housing on the R-3 zoned lots. He asked if any ordinances had been waived to allow Mr. Todd to construct the three homes. Mr. Morey axplained that no variances were required and that the plans for the proposed Todd Addition exceed zoning ordinance requirements. He further stated that three additional houses m the area should not • drastically increase traffic. Mr. Morey went on to explain the setback requirements for the R-3 District. Mr. Todd. explained that construction was moving slowly due to the bank holding back funding until the platting process is complete. Tom Liner of 206th Street expressed concern over the devaluation of his property if three additional houses are built in such a small area. He also questioned the location of one of the houses in relation to a drainage easement. Jeff Oliver, Assistant Engineer, addressed the drainage issue, stating that the Todd Addition plans exceed all requirements. 92.113 Motion was made by Holberg, seconded by Smith to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 92.114 Motion was made by Whitehouse, seconded by Miller to recommend approval of the application of Richard Todd for the preliminary plat of three. single family residential Lots to be known as Todd Addition on land located in the southeast corner of 205th Street and Hollins Avenue subject to the planning report of August 14,1992, the engineering report of August 11,1992, the Dakota County Soil and Water Conservation District report of August 12, 1992, and the recommendation of the .Environmental .Affairs Committee. • Roll. call was taken on the motion. Ayes: Unanimous. • PLANNING COMMISSION MEETING MINUTES AUGUST 20,1992 Page 6 92.115. Motion was made by Holberg, seconded by Whittingham, to recommend approval of the final plat of Todd Addition subject to the planning report of August 14,1992, the engineering report of August 11,1992, the Dakota County Soil and Water Conservation District report of August 12,1992, and the recommendation of the Environmental Affairs Committee. Roll call was taken on the motion. Ayes: Unanimous. ITEM 9 The public hearing to consider the application of Eldon Fossum for the preliminary plat of 45 single family residential lots to be known as Marion Pines Second Addition on land located on the south side of T.H. 50 at Jaguar Avenue was opened. The City Attorney attested that all legal. notices had been duly published and mailed. Daryl Moreyy explained that the Environmental Affairs Committee tabled the issue after determuiing that materials submitted by the developer were incomplete. He stated a meeting between the developer and staff is .scheduled for next week. Following the submission by the developer of revised plans and review by staff, this item will be rescheduled for future Environmental Affairs Committee and Planning Commission review. 92.116 Motion was made by Whittingham, seconded by Whitehouse to continue the public hearing. Roll call was taken on the motion. Ayes: Unanimous. ITEM 10 The public hearings to .consider the application of Fortune Realty, Inc. for the vacation of a portion of 179th Trail West, a rezoning from B-4, General Business District, to R-1, Low Density Single Family Residential District, and the preliminary plat of 31 single family lots to be known as Lake Villa 7th Addition were opened. The City Attorney attested that all legal notices had been duly published and mailed. David Licht presented an overview of the proposed street vacation, rezoning, and preliminary and final plat, outlining the planning report of August 14,1992. He discussed the following: - Zoning of the property .Vacation of 179th Trail West right-of--way - .Blocks, Lots - Setbacks - Streets/layout Utilities i - Grading and drainage - Wetlands - Parks and trails - .Tree preservation plan PLANNING COMMISSION MEETING MINUTES AUGUST 20,1992 Page 7 Mr. Licht stated that staff recommends approval of the vacation of 179th Trail West and the preliminary plat of Lake Villa Golf Estates 7th Addition subject to the conditions listed in the planning report. He further stated that approval of the final plat should be tabled until the issues related to storm water drainage and easements have been xesolved to the satisfaction of the City Engineer. He stated that staff recommends approval of the rezoning of the property from B-4, General Business District to R-1, Single Family Residential District. Robert Erickson provided an overview on the comprehensive park plan including the three quarter mile standard for locating neighborhood parks and future plans for the area. He also addressed the proposed west park and a proposed neighborhood park/trail in the Bracketts/Iake Villa area. Bryron Watschke, Fortune Realty, Carl Dale and Paul Thomas, Pioneer Engineering, were. present to answer questions of the Commission and public. Craig Walstrom of Lake Cove Circle expressed his concern over the need for a park in the area. He stated he wanted to see a park connected to the. neighborhood. • The Commission held a discussion which included: - Development of future West Park - Recommendation of Parks and Recreation Advisory Committee - Forestry protection plan - Depth of pond/emergency overflow - Street grades Lots that are located adjacent to wetlands and prevention of future filling by homeowners - Wetlands: platting as outlots vs. taking easements - Drainage - Location of house pads on lots adjacent to wetlands - Sidewalks on 179th Street (connection with Kingsway Path} Slopes on Keokuk (concern over traffic blind spots) Mr. Whitehouse suggested staff review the property in the surrounding area zoned B-4 and R-7 for appropriateness of the current zoning. Mr. Licht stated that staff is currently preparing a proposed study outline that addresses this issue.. Mr. Erickson stated that the developer is seeking rezoning of the subject property at the request of City staff. Mr. Whitehouse also stated he felt. the retaining wall on Lot 1, Block 2 should be made of field. stone and installed at the tune streets are graded. Joy Anoka of Keokuk Avenue questioned the right of a homeowner to clear trees. Michael Sobota explained the tree preservation plan and city policies. Craig Walstrom again expressed his concern over the lack of a park in the area and stated there is no safe or adequate access to any neighboring park. He went on to state he would like to see a proposal for at least a trail to a nearby park. . PLANNING COMMISSION MEETING MINUTES AUGUST 20,1992 Page 8 92.117 Motion was made by Holberg, seconded by Whittingham to close .the public hearings. Roll call was taken on the motion. Ayes: Unanimous. 92.118 Motion was made by Holberg, seconded by Miller to recommend approval of the application of Fortune Realty, Inc. for the vacation of a portion of 179th Trail West located at Keokuk Avenue subject to the planning report of August 14,1992. Roll call was taken on the motion. Ayes: Unanimous. 92.119 Motion was made by Miller, seconded by Whittingham to recommend. approval of the application of Fortune Realty, Inc. for a rezoning from B-4, General Business District, to R-l, Low Density Single Family Residential District, on land located west of Kenyon Avenue and south of 179th Street West subject to the planning report of August 14, 1992 and the findings of fact. Roll call was taken on the motion. Ayes: Unanimous. 92.120 Motion was made by Miller, seconded by Whitehouse to recommend approval of the application of Fortune Realty, Inc. for the preliminary plat of 31 single family residential lots to be known as Lake Villa Golf Estates 7th Addition subject to the planning report of August 14, 1992, the engineering report of August 13,1992, and the Dakota County Soil and Water Conservation District report of August 13,1992.. Roll call was taken on the motion. Ayes: Holberg, Steigerwalt, Whittingharn, Miller, Whitehouse. Nay: Smith. The reason for Smith's nay was he felt the outlot/wetlands issue should be resolved before lots. are sold. 92.121 Motion was made by Holberg, seconded by Miller to table action on the final plat of Lake Villa Golf Estates 7th Addition. Roll call was taken on the motion. Ayes: Unanimous. Robert Erickson stated that if the property owner to the south of the proposed plat does not grant an easement, there can be no final plat. ITEM #11 The public hearing to consider the application of Arcon Development, Inc. for the preliminary plat of 26 single family residential lots to be known as Lynwood South 2nd Addition and a minor comprehensive plan amendment to bring the property into the Year 2000 Urban Service Area on land located • south of 170th Street and west of Ipava Avenue was .opened. The City Attorney attested that all legal notices had been duly published and mailed • PLANNING COMMISSION MEETING MINUTES AUGUST 20,1992. Page 9 David Licht presented an overview of the proposed subdivision, outlining the planning report of August 13,1992. He discussed the following: Background - Plat history Blocks - ..Conveyances - Lots - Covenants - Setbacks Streets/layout - Wetland mitigation - Tree reservation - Grading and drainage - Easements - Outlots Street lighting Parks/trails Mr. Licht stated that a significant number of issues with the layout of the preliminary plat must be resolved. He reviewed a number of concerns relating to general layout, environmental impact. and effects upon adjacent property owners. He stated that staff recommends ten modifications, outlined in the planning report, to be made to the plat prior to approval. Mr. Licht went on to explain that this preliminary plat is being formally processed at the request of the developer and that staff is dealing strictly with the application at hand. Robert Erickson reviewed for the Commission a letter from Scott Johnson, Arcon Construction, dated August 18,1992, requesting clarification be made to certain items discussed in the planning report prepared by Northwest.: Associated Consultants. dated August 13,1992. Scott Johnson, Arcon Development discussed the background, history and future plans of the Lynwood subdivision. His discussion included: Lot 21, Block. l to be used for access from the west to the proposed subdivision - Past proposals made by Arcon to the. City regarding park dedication - .Creation of double frontage lots due to lack of access to the proposed development from the south - Possible deficiencies in tree preservation plan - Engineering report Mr. Johnson stated. he would like to see a proposal from the City for the 5.5 acres on the south side of Goose. Lake. • Bob Beimer,17263 Jasmine Court, representing Ridgeview area residents, stated he would like to see the proposed development area as a park. He displayed pictures of the heavily wooded property behind his home. He PLANNING COMMISSION MEETING MINUTES AUGUST 20, .1992 Page 10 expressed concern that the value of his property would decrease should it become double frontage. He suggested that the City compensate the developer for the land and leave it as is. Jeff Hohpach,10041170th Street, stated the City should negotiate with Arcon for the property and designate it as park land. He further stated the Lynwood area is in need of a park. Tom Laudont,17200 Jasper Trail, stated he objects to the. proposed street through Lot 21, Block 1. He stated this use. could set a precedent. He further stated that when he purchased his lot, he was under the impression he was buying on a dead-end cul-de-sac. He went on to discuss the need for a park in the area and possible trail access. He further stated that there are many options. available and that the. City and developer should work together m resolving the issue. He stated it is the City's obligation to help protect the homeowners property value, The Commission held a discussion which included: - Concern over double frontage lots - Accuracy of tree preservation plan Drainage into Goose Lake and Argonne Farms area • - Possibility of park. - Impact on wildlife in the area - Possible need for an Environmental Assessment Worksheet - Soil borings Robert Erickson stated that City staff has made a dedicated effort to keep the public informed on the status of this project. He further stated that City staff will not negotiate this issue without the input of residents and advisory committees. He went on to state that the Planning Commission .must act on the request of the developer. Scott Johnson stated that Arcon Development prides itself in quality work and will correct any areas that are lacking. He further stated he is trying to keep an open mind and expects to be treated fairly. John Demetrioux stated that it is obvious that no one wants the proposed development but would rather have a park in the area. He stated he would like to see the Planning Commission recommend the plat be denied and all parties get together to negotiate the issue. Jim Walston explained the Planning Commission's recommendation procedure. He stated if the propusedplat is denied, the applicant would then have the right to pursue legal action and ultimately to a judge's decision on the issue. He further stated he would recommend the Commission direct staff to prepare a findings of fact and recommendation for adoption at the next meeting. PLANNING COMMISSION MEETING MINUTES AUGUST 20,1992 Page 11 Mr. Licht explained that if the Commission recommends approval of the plat subject to the recommendations of the planning report, the developer could bring alternate plans back to the City/Commission for review. If the plat were denied, there would be no-such opportunity. 92.122 Motion was made by Whittingham, seconded by Holberg to close the public' hearing. Rolle call was taken on the motion. Ayes: Unanimous. Additional stipulations recommended by .the Commission to be added to the planning report are as follows: 12. An Environmental Assessment Worksheet be prepared. 13. Soil borings be taken in the south and southeast portion of the plat: 14. Before any final plats are approved, a revised preliminary plat incorporating the above conditions of approval be submitted. Stipulation number 5 is to be amended as follows: #5 The tree preservation plan be revised to illustrate all significant • trees on site, and be submitted in a form similar to previously submitted formats. 92.123 Motion was made by Miller, seconded by Whittingham, to recommend approval of the application of Arcon Development, Inc. for the preliminary plat of 26 single family residential lots to be known as Lynwood South 2nd Addition and a Honor comprehensive plan amendment to bang the property into the Year 2000 Urban Service Area on land located west of Ipava Avenue and South of 170th Street West subject to the planning report of August 13,1992 as amended, the engineering report of August 11,1992, the Dakota County Soil and Water Conservation District report of August 12,1992 and findings of .fact be drafted by the City Attorney for consideration at the next Planning Commission meeting. Roll call was taken on the motion. Ayes: Smith, Miller, Holberg, Steigerwalt, Whittingham. Nay: Whitehouse The reason for Whitehouse's nay was he felt the action was premature and more information is needed. There was no unfinished or new business. Chair Steigerwalt adjourned the meeting at 12:20 a.m. Respectfully submitted: c .Mir Holliday, cording Secre ary ~ ~ l Y PLANNING CQMMISSION MEETING MINUTES AUGUST 20,1992 Page 12 ATTEST: Chris teigerwa t, Ch 'r