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HomeMy WebLinkAbout09-05-91 1 4 S CITY OFT "AKFVILLE PLANNING COMMISSION MEETING MINUTES SEPTEMBER S, 1991 The meeting was called to order at 7:00 p.m. by Chair Steigerwalt in the City Hall Council Chambers. Roll call of members was taken. Present: O'Donnell, Holberg, Steigerwalt, Whittingharn, Smith, Miller. Absent: Whitehouse. Also present was Robert Erickson, City Administrator; Roger Knutson, City Attorney; Michael Sobota, Community and Economic Development Director; Alan Brixius, Consulting Planner; Daryl Morey, Assistant Community and Economic Development Director; Jeff Oliver; Assistant Engineer; Mira Holliday, Recording Secretary. The minutes of the August 15, 1991 Planning Commission meeting were approved as written. The public hearing to consider the application of George and Jill Thaler for a variance from the building setback requirements for Horseshoe Lake to allow the construction of a single family residential dwelling on land located at 11825 Knolls Path was opened. The City Attorney attested that all legal notices had been .duly published and mailed. Daryl Morey presented an overview of the proposed variance, outlining the planning report of August 30,1991.. He reviewed the following: - Background - Horseshoe Lake being classified by the DNR as a .natural environment lake - Private septic system - Thalers own two separate legal parcels of record, one. platted and one unplatted - Tree preservation - .Zoning Ordinance regulations in regard to the Shoreland Overlay District Mr. Morey stated that staff recommends approval of the variance request subject to six recommendations listed in the planning report of August 30, 1991. Mr. Thaler thanked the Commission members for taking time to visit his property. He stated he is very environmentally conscience, as he had a forester out to visit the site, along with an oak wilt specialist. He stated he is trying to place the house and driveway where the least amount of damage vv~ll be done. Mr. Erickson stated he had a conversation with Pat Lynch of the DNR wherby he would not oppose the setback of 100 feet for the house and deck from Horseshoe Lake. . PLANNING COMMISSION MEETING MINUTES SEPTEMBER S, 1991 Page 2 The Commission held a discussion which included: - Combination of lots - DNR recommendation concerning deck - Septic system location - Tree preservation - Use of fertilizer between the house and the lake - Property owned by the Thalers that is actually in the lake - Silt fencing 91.100 Motion was made by O'Donnell, seconded by Holberg to close the public hearing. -Roll call was taken on the motion. Ayes: Unanimous. 91.101 Motion was made by Whittingham, seconded by Smith to recommend approval of the application of George and. Jill Thaler for a variance from the building setback requirement far Horseshoe Lake to allow the construction. of a single family residential dwelling on land located at 11825 Knolls Path subJ'ect to the planning report of August 30, 1991, the Dakota County Soil and Water Conservation District report of August 30, 1991 and the Minnesota Department of Natural Resources report of August 3, 1991 (revised per discussions with Robert Erickson). Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of Michael Tzenis for a conditional use permit to allow an addition to anon-conforming single family residential dwelling on land located at 11285 172nd Street West was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl More presented an outline of the. planning report dated August 30, 1991. He discussed the following: - Background - No direct access to either gagage level from inside the house. - Horne improvement plans to allow direct inside access. - B-4 zoning. - Plans do not contradict the goals and objectives of the Comprehensive Plan. Mr. Morey stated that staff recommends approval of the conditional use permit subject to four stipulations listed in the planning report. i PLANNING COMMISSION MEETING MINUTES SEPTEMBER 5, 1991 Page 3 Mr. and Mrs. Tzenis were present and stated their objection to the stipulation of hooking their property up to City sewer within a prescribed penod of time prior to July 15, 1993. They presented a letter written to them from the City dated June 30, 1981. They stated they feel the conditional use permit request and the hook up to City sewer should be handled as two separate issues. Robert Erickson stated that the property is designated as B-4 on the zoning map but not designated as commercial m the Comprehensive Plan. He stated he felt the property should not be zoned B-4. He went on to state that a neighborhood meeting should be held to discuss rezoning of the Tzenis' property along with that of the neighboring properties to the west. He stated the rezoning could be initiated by the City. Mr. Erickson requested. that the item be tabled to allow staff to review old rezoning files and further investigate the matter. 91.102. Motion was made by O'Donnell, seconded by Holberg to table the application of Michael Tzenis for a conditional use perrnit to allow an addition to a non-conforming single family residential dwelling on land located at 11285 172nd Street West. . Roll call was taken on the motion. Ayes: Unanimous. Staff asked that agenda item number six be postponed until later m the meeting to allow for the attendance of the developer. Daryl Morey reviewed the final plat of Rolling Oaks South Plat Five,. outlining the planning report of August 28, 1991.. He discussed the following: - Background - History of the Matting process - .Consistency with the approved preliminary plat - Lots/blocks - Streets - Grading, drainage, erosion control, easements and utilities - The City Engineer's report dated August 26, 1991 - The Dakota County Soil and Water Conservation District report dated August 23, 1991 - The Environmental Affairs Committee review - Tree preservation - Park and trail dedication - MUSA Mr. Morey stated that staff. recommends approval of the final plat subject to eight recommendations listed in the planning report. • Mr. Sobota discussed how Rolling Oaks South Plat Five fits in with the surrounding neighborhood. He stated that the developer had been very cooperative m increasing lot. sizes. He further stated that the neighborhood had been notified of the final plat consideration. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 5, 1991 Page 4 Duane Dietrich, developer of the plat, discussed the background of the Rolling Oaks plat. He stated he will be offering lots to builders who have built in the adjacent Timber Ridge and Lynwood developments. He stated that Rolling Oaks South Plat Five should be a continuation of the Timber Ridge style development. He discussed the prices of lots and homes, square footage and styles of homes, and stated the development will have protective covenants. He further stated that the development will have access through the Timber Ridge and Lynwood developments which should enhance the value. Under public comment, the following residents expressed their concerns: - Jim Britten of 170th Street stated that there were residents in the area who did not receive a written notice of the public hearing. He further stated he would like to see Javelin Avenue and Jasper Path opened. He was also concerned over the value of homes in the area. - Dale Dickey of Javelin Court expressed his concern over the construction traffic and dirty streets in the area. He also expressed his concern over the overcrowding of schools, stating he felt the City should stop future growth until enough schools are provided. He also • stated he would like to see access to 165th Street from Rolling Oaks. - Joseph Konifetzko of 170th Street expressed his concern over the preservation of trees adjacent to his property. He was also concerned over construction traffic that would be generated in the area. - Carole Leer of 170th Street expressed her concern over the traffic that would be on 170th Street. Robert Erickson addressed issues raised by the residents, explaining the statutory requirement for mailed notices; addressed the status of the nearby commercial property; future screening of Mills Fleet Farm; the adjacent mobile home dark, tree preservation policies, school issues being a school board responsib~hty; secunty requirements of developers and builders. Mr. Erickson and Mr. Knutson explained the recently adopted moratorium on new plats and the legal process. The .Commission held a discussion which included: - Erosion control - Route of construction traffic (169th and Javelin) - Number of trees to be removed. - Park dedication (Outlot I) - "Eyebrow" cul-de-sac 91.103 Motion was made by Miller, seconded by Smith to recommend approval of the • final plat of Rolling Oaks South Plat Five subject to the planning report of August 28, 1991, the Dakota County Soil and Water Conservation District report of August 23, 1991, and the Engineering report of August 26, 1991. Roll call was taken on the motion. Ayes: Unanimous. PLANNING COMMISSION MEETING MINUTES SEPTEMBER 5, 1991 Page 5 The public hearing to consider the application of Good Value Homes, Inc. for the preliminary and final plat of six single family residential lots to be known as Homestead Creek 4th Addition on land located north of 175th Street and east of Iceland Trail was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented an overview of the plat, outlining the planning report of August 29, 1991. He discussed the following: - Background - History of the preliminary plat and completed. phases - Consistency with the Comprehensive Plan - Density - Lots/blocks - Streets - Grading, drainage, erosion control and easements - Wetland - .Screening/Landscaping - Parks and Trails - MUSA Mr. Morey stated that staff recommends approval of the preliminary and final plat of Homestead Creek 4th Addition subject to the nine recommendations .listed in the planning report. John Peterson of Good Value Homes was present and stated he did not agree with the trees that are required to be planted in the berm for screening .175th Street. He also stated his objection to the required silt fencing. He felt an excess amount was required and he also pointed out the negative effect that silt fencing can have on the environment when discarded in a landfill. He also discussed the future Homestead Creek East. Jeff Oliver stated that Mr. Peterson could use hay bales in place of the silt fencing. The Commission discussed the following: - Underground electrical lines (175th Street0 - Topography of Lot 3 - Drainage from Lots 2, 3, 4 into the wetland - Berming on Lots 5 and 6 91.104 Motion was made by Miller, seconded by Smith to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 91.105 Motion was made by Smith, seconded by Whittingham to recommend approval of • the preliminary and final plat of Homestead Creek 4th Addition subject to the planning report of August 29, 1991 allowing. hay bales instead of silt fencing. Roll call was taken on the motion. Ayes: Unanimous. s i PLANNING COMMISSION. MEETING MINUTES SEPTEMBER 5, 1991 Page b Alan Brixius reviewed the final plat of Meadow Brook 3rd Addition which was .continued from the August 15, 1991 meeting, outlining the planning report of August 20, 1991. Per the Planning Comma sion's request, he provided additional information on resolving the issue of reduced buildable area on the rear yards of Lots 4 through 15, Black 2 due to a 50 foot easement. He also addressed the issue of required landscape screening for the eastern boundary of the plat. Mr. Brixius recommended approval of the final plat subject to the stipulations listed in the August 8 and August 20, 1991 planning reports. Warren Israelson of Progress Development discussed the proposed landscaping plan for the eastern boundary of the plat. He stated he felt the adjacent mobile home park should be required to provide plantings for screening when. expansion of their development occurs. He also reviewed proposed house plans for the lots in questions. The Commission held a discussion which included: - Screening - MWCC easement - Placement of decks • _ Covenant for the development Requiring decks to be built at the time of house construction on Lots. 4 through 15, Block 2 91.106 Motion was made by Holberg, seconded by Whittin~ham to recommend approval of the final plat of Meadow Brook 3rd Addition subject to the planning reports of August 8 and August 20, 1991 and the developer shall require homes constructed on Lots 4 through 14, Block 2, Meadow Brook 3rd Addition to be built with decks having a minimum size of 100 square feet. Roll call was taken on the motion. Ayes: Holberg, Steigerwalt, . Whittingham, Miller. Nays: O'Donnell, Smith. The reason for O'Donnell's nay was he felt the project had been poorly planned. The reason for Smith's nay was because 201ots do not meet R-2 requirements. Daryl Morey reviewed the final plat of Country Pond South 2nd Addition, outlining the planning report of August 29, 1991. He discussed the following: - Background - History of the preliminary plat and first phase - .Consistency with the approved preliminary plat • - Lots/Blocks - Streets - Grading, drainage and erosion control • PLANNING COMMISSION MEETING MINUTES SEPTEMBER 5, 1991 Page 7 - Review by the Environmental Affairs Committee - Park and trail dedication - MUSA Mr. Morey stated that staff recommends approval of the final plat subject to the 12 recommendations listed in the planning report. Ralph Wagner of Probe Engineering was present representing the developer. He stated that they would nat be able to complete the construction of the MPTW along the west side of Flagstaff Avenue in the required amount of time (recommendation number 11). He stated an agreement had been made with the City previously that the work would be completed by November 30, 1991. The Commission held a brief discussion. 91.107 Motion was made by Holberg, seconded b~ Smith to recommend approval of the final plat of Country Pond South 2nd Adchtion subject to the plamm~g report of August 29, 1991 with the elimination of recommendation number 1 L Roll call was taken on the motion. Ayes: Unanimous. • Daryl Morey reviewed the final plat of Lynwood North 6th Addition, outhnmg the planning report of August 29, 1991. He discussed the following: - Background - History of the preliminary plat and completed phases - Consistency with the approved preliminary plat - Lots/Blocks - Streets - Grading, drainage, erosion control and easements - Tree preservation - Neighborhood meeting held by developer - Park and trail dedication - MUSA Mr. Morey stated that staff recommended approval of the final plat subject to the 10 recommendations listed in the plamm~g report of August 29, 199E Scott Johnson of Arcon Construction was present and stated he was in agreement with staff recommendations. The Commission held a discussion which included: - Slope of Jackpine Trail - Level of pond Outlot A Custom Graded lots - Streets -curb installation (trees to be removed in the process) Y s . PLANNING COMMISSION MEETING MINUTES SEPTEMBER 5, 1991 Page 8 91.108 Motion was made by Whittingham, seconded by Holberg to recommend approval of the final plat of Lynwood North 6th Addition subject to the planning report of August 29, 1991, the Engineering report o~ August 27, 1991 and the Dakota County Soil and Water Conservation District report of August 23, 1991. Roll call was taken on the motion. Ayes: Unanimous. Daryl Morey reviewed the final plat of Shady Oaks Shores 4th Addition, outhmng the planning report of August 27, 1991. He discussed the follawmg: - Background - History of preliminary plat and completed final phases - Consistency with the approved preliminary plat - Lots - Streets - Grading, drainage, erosion control and easements - Screening/landscaping - Park and trail dedication - MUSA . Mr. Morey stated that staff recommends approval of the final plat. subject to the 10 recommendations listed in the planning report. Al Hermann reviewed the fence/landscaping plan adjacent to Cedar Avenue. The Commission held a discussion which included: - Type of trees to be planted along the fence adjacent to Cedar Avenue - Gates on the fences to be same type of material as fence - Safety of the gates - Grading plan 91.109 Motion was made by Holberg, seconded by Smith to recommend approval of the final plat of Shady Oaks Shores 4th Addition subject to the plamung report of August 27, 1991. Roll call was taken on the motion. Ayes: Unanimous. Under unfinished business: O'Donnell raised concerns regarding the impacts that eyebrow cul-de-sacs pose in subdivisions. 91.110 .Motion was made by O`Donnell, seconded by Holberg to instruct staff to investigate "eyebrow" cul-de-sacs as a design feature and forward a . recommendation to the Commission at a future meeting. Roll call was taken on the motion. Ayes: Unanimous. ~ ~ PLANNING COMMISSION MEETING MINUTES SEPTEMBER 5, 199.1 Page 9 91.111 Motion was made by Whittingham, seconded by Miller to adjourn the meeting. Voice vote was taken on the motion. Time: 11:35 p.rn. Respectfully submitted: ~ ~ Mira Holliday, R cording Sec tart' ATTEST: Cam. Chris Steigerwalt, Chair •