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HomeMy WebLinkAbout01-04-90 • CITY OF LAKEVILLE PLANNING COMMISSION MINUTES JANUARY 4 ,19 9 0 The meeting was called to order by Chairman Langhorst in the Airlake Council Chambers at 7:00 p.m. Roll call of members was taken. Present: Holberg, Langhorst, Miller, Steigerwalt, Whitehouse, Whittingham. Also present was Alan Brixius, Consulting Planner, Elliott Knetsch, City Attorney, Daryl Morey, Assistant Community Development Director and about 25 residents. 90.01 Motion was made by Whittingham, seconded by Miller to approve the minutes of the December 12, 1990 Planning Commission meeting. Roll call was taken on the motion. Ayes: Whitehouse, Miller, Whittingham, Steigerwalt. Abstain: Langhorst, Holberg. The election of officers for 1990 was held. 90.02 Motion was made by Whitehouse, seconded by Miller to nominate Whittingham as Chairman. 90.03 Motion was made by Miller, seconded by Whitehouse to close the nominations for Chairman. Roll call was taken on the motions. Ayes: Unanimous. 90..04 Motion was made by Whitehouse, seconded by Whittingham to nominate Miller as Vice-Chairman. 90.05 Motion was made by Steigerwalt, seconded by Langhorst to close the nominations. Roll call was taken on the motions. Ayes: Unanimous.. 90.06 Motion was made by Whitehouse, seconded by Whittingham to nominate Holberg as Secretary. • 90.07 Motion was made by Miller, seconded by Langhorst to close the nominations. Roll call was taken on the motions. Ayes: Unanimous. The public hearing to consider the application of Eva Development, Inc. for a preliminary plat of 28 single family lots to be known as Lake Villa Golf Estates 6th Addition was opened.. The City Attorney attested that all legal notices .had been. duly published and mailed. 1 PLANNING COMMISSION MINUTES JANUARY 4, 1989 A number of residents claimed that they did not receive mailed public hearing notice even though they live within 350 feet of the proposed development. The City Attorney stated that these neighbors must be notified and that no formal recommendation on this agenda item should be sent to the City Council until these people are properly notified. He stated that the Commission can discuss this item this evening, but cannot make a recommendation to the City Council. .Alan Brixius gave a presentation on this proposal, citing the planning report dated 12/11/89 and the engineering report dated 12/27/89. Mr. Brixius discussed the following: blocks, lots, outlots, streets, utilities, grading and drainage, wetlands and park land dedication. Mary McCawley from Hedlund Engineering, representing the developer, presented the preliminary plat of Lake Villa Golf Estates 6th Addition. She stated that the developer would like to retain as much of the natural, wooded features as possible. ted that his intention Tom Simonsen, the developer, again sta is to retain as much of the natural, wooded features as possible. Russel Streefland, who owns what is shown as Lots 1 - 6, Block 3, stated that he developed Orchard Lake Estates and this development would complete. the development he had originally proposed. Anne Ferris, 17562 Kodiak Court, questioned what would become of the pond on Lots 2 and 3, Block 3. Mr. Brixius stated that a drainage easement would be established over this pond. Ms. Ferris felt that the remainder of Lots 2 and 3 not covered by the easement would be too small to build on. Sigrid Stone, 17552 Kodiak Court, stated that her lot backs up to this pond, which has grown over the years, and she felt that water would come up to her back door if this development occurs. Dennis Gillespie, 17542 Kodiak Court, stated he would like more study on what would become of this pond if this development occurs. He stated that he does not want water in his back yard. Mr. Gillespie also stated that he would • 2 PLANNING COMMISSION MINUTES JANUARY 4, 1989 like the elevation of the proposed road checked to insure that it-is not above the houses in Lake Villa Golf Estates 2nd Addition. Mary Gillespie, 17542 Kodiac Court, asked what recourse property owners have if their property is flooded due. to this development. The City Attorney stated that the City may be liable if property is flooded due to this development. Bessie Dobbs, 12000 175th Street, objected to the proposed access through the Skogstad property. Marilyn Larson, 12064 175th. Street, stated she is concerned with flooding in the area. Rich Carron, 17555 Kodiac Avenue, stated he is concerned with grading in the area. He is also concerned with oak wilt .that may occur due to this development. .Tim Keane, Larkin, Hoffman Law Firm,. stated he was representing Mr. Carron. He requested that the Commission pay particular attention to the sensitive natural features of the area, that the Carrons have adequate assurances that their property not be affected by the drainage and grading of the development, that the development be contingent upon a committed location for house pads, that the development be contingent upon a tree preservation plan, that City Staff research Outlot A in terms of the history of its development, that development approval occur only after DNR and City Engineer approval of a detailed grading plan, and that a no-cut easement. be established. Vicki Bakken, 11900 175th Street, stressed the importance that the triangular piece be incorporated into the plat as part of the Kettering Trail street right-of-way. Dona Turbes, 11978 175th Street, stated that she is concerned as to how access to the Skogstad property will be achieved. Larry Bakken, 11900 175th Street, questioned the developer's intent to place Outlot B into a trust with the City for future development. Mr. Bakken also. objected to the proposed 14,500 square foot lots and to the fact that this development could potentially landlock his property. Mr. Bakken also stated that the road shown subdividing his property in two has been vacated. 3 PLANNING COMMISSION MINUTES JANUARY 4, 1989 Whitehouse questioned the need for a trailway through this development. Staff stated that the Park and Recreation Committee has reviewed this plat and recommends no trailway north-south through this plat. Whitehouse recommended that: Lots 1 and 2, Block 1 be combined; Lots 3,4 and 5, Block 1, be reviewed for building pads and setback conformance by Dave Krings; the DCSWCD address the outlet from the ponding area over Lots 2 and 3, Block 3. He would also like verification of the Bracketts pond referred to in the 3/2j88 DCSWCD report, i.e. does any part of Lake Villa Golf Estates 6th Addition drain into this pond and if so, is the pond adequate to handle this drainage? Miller asked if the pond located on Lots 2 and 3, Block 3 could be outletted to drain into some other adjacent water body. He also felt that some of the proposed lots are too small. Holberg concurred that some of the proposed lots are too small. She felt that Lots 1 and 2, Block 1 should be combined. Langhorst questioned the use of Outlot C (tied into an existing lift station). He also felt that Lots 1 and 2, Block 1 should be combined. Steigerwalt felt that Lots i and 2, Block 1 should be combined. She reserved comment on combining Lots 2 and 3, Block 3 and drainage of the pond pending further comments from Keith Nelson and DCSWCD. Whittingham concurred with the comments of other Commission members. She stated that she was very concerned about drainage. She would like Keith Nelson to re-review drainage of the .pond and the plat as a whole. She requested that Mr. Nelson attend the next meeting. to discuss these issues. 90.08 Motion was made by Miller, seconded by Langhorst to continue the public hearing to consider the application of Eva Development, Inc. for a preliminary plat of 28 single family lots to be known as Lake Villa Golf Estates, 6th Addition. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider. the application of Eva Development, Inc. for the vacation of existing streets located in the Orchard Lake Estates 1st addition, Lyndale Lakes Club 2nd Addition and Club Park Addition No. 1 was opened. .The City Attorney attested that all legal notices had been duly published and mailed. 4 PLANNING COMMISSION MINUTES JANUARY 4, 1989 90.09 Motion was made by Langhorst, seconded by Miller to continue the public hearing pending action on Lake Villa Golf Estates 6th Addition. Roll call was taken on the motion. Ayes: Unanimous. Alan Brixius gave a presentation of the application of G.D. Pearson Construction Co., Inc. for a final plat for one single family residential lot to be known as Lake Villa Golf Estates 5th Addition, outlining his report dated 12/26/89. The developer, Mr. Jerry Pearson was present. Tim Keane stated that the 5th Addition is another piece in the puzzle of Lake Villa Golf Estates. He stated that the same concerns he expressed regarding the 6th Addition pertain to this plat. Langhorst stated that the Lake Villa Golf Estates 5th Addition lot is larger than the Carron lot; therefore, it is likely that fewer trees would have to be removed in order to build a house on this lot than when the Carron lot was built. upon. .90.10 Motion was made by Whitehouse, seconded by Miller to recommend approval of the application of G.D. Pearson . Construction Co., Inc. for a final plat for one single family residential lot to be known as Lake Villa Golf Estates Fifth Addition subject to the planning and engineering reports and other comments by staff. Roll call was taken on the motion. Ayes: Unanimous. The consideration of the application of the City of Lakeville for an amendment to Ordinance 167, the Zoning Ordinance, related to commercial recreation uses in the B-W, CBD-I, I-1 and I-2 Districts was continued from the December 12, 1989 meeting. Alan Brixius outlined the revisions to this ordinance amendment as proposed by the Commission at the December 12th meeting. Specifically, the requirement of a Material Safety Data Sheet (MSDS) is listed as 5.c. Whitehouse stated he believes that information regarding any new chemicals being used by a tenant should be supplied to all tenants in a multi-tenant building. Also, any prospective tenant should be supplied with the MSDS before the tenant decides whether or not he wants to move into a particular multi-tenant building. Staff stated they will _ investigate how the MSDS applies to the H occupancy in the State Building Code. 5 PLANNING COMMISSION MINUTES JANUARY 4, 1989 Commission members agreed that the wording "Any change in building tenants shall require that the MSDS be updated. and... provided to all other tenants in the multi-tenant building" should be added to 5.c. of the ordinance amendment. 90.11 Motion was made by Steigerwalt, seconded by Holberg to recommend approval of the application of the City of Lakeville for an amendment to Ordinance 167, the-Zoning Ordinance, related to commercial recreation uses in the B-W, CBD-I, I-1 and I-2 Districts, as amended. Roll call was taken on the motion. Ayes: Unanimous. 90.12 Motion was made by Miller, seconded by Langhorst to receive and to recommend adoption of the Findings of Fact regarding. the application of the City of Lakeville for an amendment to Ordinance 167, the Zoning Ordinance, to allow gasoline sales by conditional use permit in a B-2 District. Roll call was taken on the motion. Ayes: Unanimous. Under other business, Steigerwalt asked if maps could be mailed out to residents along with legal notices. Staff. will look into this request. 90.13 Motion was made by Miller, seconded by Langhorst to adjourn the meeting. voice vote was taken on the motion. Ayes: Unanimous. Time: 10:00 p.m. Respectfully submitted: Daryl D. Morey, Assistant Community Development Director ATTEST: Jan Whit ngham, Ghairpers 6