Loading...
HomeMy WebLinkAbout02-15-90 ti _e: y f. t CITY OF LAKEVILLE FLANNING COMMISSION MINUTES FEBRUARY 15, 1990 The meeting was called to order by Chairperson Whittingham at 7:OO p.m. in the Airlake Council Chambers. Roll call of members was taken. Present.:. Whitehouse, Miller, Whittingham, Stegerwalt. Absent: Langhorst, Holberg. Also present was Alan Brixius, Consulting Planner, Elliott Knetsch, City Attorney, Bob .Erickson, City Administrator, Dave Krings, Building Official, Daryl Morey, Assistant Community Development Director and Mira Holliday, Recording Secretary. 90.23 Motion was made by Steigerwalt, seconded by Miller to approve .the minutes of the February 1, 1990 Planning Commission meeting. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of B & S Tire for a conditional use permit to operate a retail tire service store to be located at 21178 Kenrick Avenue was opened.. The City Attorney attested that all legal notices had been duly published and mailed. Staff requested that this item be continued pending further review. 90.24 Motion was made by Whitehouse, seconded by Miller to continue the public hearing to consider the application of B & S Tire for a conditional use permit to operate a retail tire service store to be located at 21178 Kenrick Avenue.. Roll call was taken on the motion.. Ayes: Unanimous. Item number five was postponed until later in the meeting due to the applicant's architect not being present. The public hearing to consider the application of Lynn and Karen Peterson for a conditional use permit to ahlow a single family residential dwelling height in excess of 25 -feet in an R-2, Single Family Residential District (Section 11.3.4 of the Zoning Ordinance) to be located at 10300 175th Street West was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey: presented a review of the application, explaining. that a turret on the single family home under construction by the Petersons, approximately 35 feet in height, was discovered by staff during a routine ~ PLANNING COMMISSION MINUTES FEBRUARY 15, 1990 inspection. The turret was not shown on the original construction plans submitted by the Petersons when they applied for their building permit. Staff informed the Petersons that they had the option of either removing the turret or applying for a conditional use permit. He further explained that at approximately 27-28 feet, the house itself is in excess of the 25 .foot maximum building height allowed in a single .family residential district. He stated that the Petersons live on a larger than average R-2 District. lot (the Peterson lot is approximately 1.15 acres in size) and that their house is located a large distance from existing adjacent single family homes. He also stated that the Petersons' lot is heavily. wooded, which makes it difficult to see their house from the street or adjacent lots. Mr. Morey reviewed the recommendations in the planning report dated 2/.9/90. He stated that this request was compared with the requirements of the Zoning Ordinance and was found to meet these requirements. He asked that the Commission consider whether or not the house would be compatible with present and future land uses of the area. Mr. and Mrs. Peterson were present to answer any questions. Mr. Peterson stated-he would like to apologize for the height of the house and turret not being in conformance with .the ordinance requirements and stated he was under the impression he was in compliance after discussing the matter with one of the City building inspectors (who is no longer employed with the City). There was no public comment. The Commission discussed the issue stating they felt there was no problem with the height of the house, given the fact that it is very secluded on the lot. 90.25 Motion was made by .Whitehouse, seconded by Steigerwalt to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.26 Motion was made by Miller, seconded by Steigerwalt to recommend approval of the application of Lynn and Karen Peterson for a conditional use permit. to allow a single family residential dwelling height in excess of 25 feet in an R-2, Single Family Residential District (Section 11.3.4 2 t~ PLANNING COMMISSION MINUTES FEBRUARY 15, 1990 of the Zoning Ordinance) to be located at 10300 175th. Street West subject to the planning report of 2-9-90 and the Findings of Fact. Roll call was taken on the motion. Ayes:.. Unanimous The public hearing to consider the application of the City of Lakeville for a rezoning from R-4, Single and Two Family Residential District to R-2, Single Family Residential District for Lots 1 - l0, Block 1 and Outlot A, South Creek Addition was opened. The City Attorney attested that all .legal notices had been duly published and mailed. Alan Brixius gave a review of the proposed rezoning, stating there had been several areas in the City with incorrect or inconsistent zoning that had been overlooked during the past several years and this action would help in bringing the lots in question, which are non-conforming for R-4 zoning and are. inconsistent with the zoning of the surrounding urea, into conformance with the requirements of the Zoning Ordinance. The Commission held a brief discussion and all agreed that if this property is left at the present zoning, the area would be spot zoned. Daryl Morey stated that he had discussed the matter with Arlene Weck, owner of two of the lots in question and she requested that they remain zoned R-4 due to the fact that she plans to possibly construct duplexes on the lots at a future date. He stated that he had explained to her that the width of the lots were not in conformance with R-4 zoning. 90.27 .Motion was made by Whitehouse, seconded by Miller to close. ..the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.28 .Motion was made by Steigerwalt, seconded by Miller to recommend approval of the application of the City of Lakeville for a rezoning from R-4, Single and Two Family Residential District to R-2, Single Family Residential District for Lots 1 - 10, Block 1 and Outlot A, South Creek Addition subject to the .planning report of 2-9-90 and the Findings of Fact. Roll call was taken on the motion. Ayes: Unanimous. 3 PLANNING COMMISSION MINUTES FEBRUARY 15, 1990 The public hearing to consider the application of the City of Lakeville for a rezoning from R-7, High Density Residential District to R-4, Single and Two Family Residential District for Lot i, Block 1, Valley Christian Church Addition was opened. The City Attorney attested that all legal notices had been duly published and mailed. Alan Brixius gave a review of the proposed rezoning, reviewing the planning report of January 26, 1990. He stated that a letter had been sent to Valley Christian Church and that staff had discussed the rezoning and .its affect on their property with the church pastor. He stated that the rezoning would not effect conformance of the church in any way since churches are allowed by conditional use permit in all residential districts. Therefore, if the church were to expand, they would need a conditional use permit under the present or proposed zoning. 90.29 Motion was made by Miller seconded by Steigerwalt to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.30 Motion was made by Miller, seconded by Whitehouse to recommend approval of the application of the City of Lakeville for a rezoning from R-7, High Density Residential District to R-4, Single and Two Family Residential District for Lot 1, Block 1, Valley Christian Church Addition subject to the planning report of 2-9-90 and Findings of Fact.. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the .application of Bradford and Audrey Johnson for a planned unit development conditional use permit for a multiple family residential development in an R-7, High Density Residential District to be located at 8610 210th St. West was opened. The Gity Attorney attested that all legal notices had .been duly published and mailed. Alan Brixius gave a review of the planning report dated. February 6, 1990 addressing this request. Brad Johnson was present and stated that the City staff has been very helpful in assisting him with this development. He also stated that he has employed a new architect and feels the new site and building design is improved over the previous design. He stated that the site plan provides 38% green space and that funding for the project is now in place. 4 PLANNING COMMISSION MINUTES FEBRUARY 15, 1990 Steve Belmont, the architect for the project, addressed his concern over staff's request to move one building five feet further away from 210th Street so that a 40 foot right-of-way dedication can be provided and the building meet the 30 foot setback requirement. He stated he could revise the site plan so that all buildings meet the 15 foot setback requirement from internal streets. Bob Erickson, City Administrator stated that prior to this item being presented to the City Council, it should be determined who is responsible for paying for the hook-up of the adjacent existing single family home to City sewer and water. A letter from the developer answering this question. should be submitted to the City prior to this request going to the City Council. He also stated that the additional right-of-way the City is requesting for 210th Street is necessary for future upgrading of that roadway. .The minimum additional right-of-way requirement the City should require . should be three feet, which would not impose an undue hardship on the developer. This would require one building be shifted only 0.5 feet further away from 210th Street. In addition, Mr. Erickson requested that the Johnsons contact the school and inform them of the proposed footbridge over the drainage Swale. Whitehouse asked how loading and unloading of long (semi-trailer) moving vans would be accommodated on the site. He also questioned trailway connections to Airlake Industrial Park. Miller asked about minimum building setback requirements from other buildings.. Staff responded that this setback is easily being met and would continue to be met if the additional street right of way dedication is required. The Commission asked Mr. Erickson if Hwy. 50 would be turned over to the City and if curb and gutter would be installed. Mr. Erickson stated that it would probably. be between five and ten years before the City would take the highway over and that the State would have to bring it up to wn urban road standard (curb and gutter). The Commission also discussed the following: - Sidewalks and/or paved areas within the project. - Sidewaks on Highway 50. - Setbacks. -.Landscaping to screen the nearby single family home. 5 PLANNING COMMISSION MINUTES FEBRUARY 15, 1990 - Request that staff make sure the single family home does not get .flooded during or after construction. - .Soundproofing of living area from garages. - Security of building when garages are open. 90.31 Motion was made by Steigerwalt, seconded by Whitehouse to close the public hearing.. Roll call was taken on the motion. Ayes: Unanimous. The Commission reviewed the following amendments to the 2/6/90 planning report: 1. A registered survey is submitted illustrating the consolidation of all of the lots involved into a single parcel and an administrative subdivision is approved with applicable fees paid in accordance with the letter from the City Administrator dated 1j26/90. Said survey must also identify all utility and drainage easements existing on the property and those required by the proposed development. The survey must show the dedication of three feet of additional street right-of-way for 210th Street. 9. If the 10 foot by 20 foot loading areas are determined acceptable, all loading areas be signed and ramped up to a reinforced concrete apron. Parking shall be prohibited in these areas. 10. Review of the revised grading plan by the City Engineer and dedication of necessary drainage easements on both sides of the southern drainage Swale properly sloped for maintenance purposes. 11. The submission and favorable review by the City Engineer of a utility plan with the condition that the single family home located immediately to the west of the subject property be provided with water and sanitary sewer service by the developer at the time it is provided to .the multiple family dwellings. 17. The footbridge over the drainage swale have a paved landing at each end. 18. A sound rating measuring noise from the garages into .the adjacent living quarters be taken. 19. All buildings be setback at least 15 feet from .interior _ streets. 6 PLANNING COMMISSION MINUTES FEBRUARY 15, 1990 90.32 Motion was made by Miller, seconded by Steigerwalt to recommend approval of the application of Bradford and Audrey Johnson for a planned unit development conditional use permit for a-multiple family residential development in an R-7, High Density Residential District to be located at 8610 210th Street West subject to the planning report of 2/6/90 as amended, the letter from the Dakota County Soil and Water Conservation District dated 2/6/90, the engineering report dated 2/8/90 and the Findings of Fact. Roll .call was .taken on the motion. Ayes: Unanimous. The public hearing to consider the application of the City of Lakeville for a major comprehensive plan amendment to revise the generalized land use plan for the I-35/County Road 46 freeway interchange was opened. The City Attorney attested that all legal notices had been duly published and mailed. Alan Brixius gave a review of the amendment stating this action was merely a formality before the County can submit application to the Metropolitan Council. A brief discussion was held among Commission members. Whitehouse was concerned over the increased water to Lee Lake. Bob Erickson stated he was encouraging the County to do an analysis on the impact of the project. He also stated he felt the weight stations on I-35 would have to be moved further south. 90.33 Motion was made by Miller, seconded by Steigerwalt to close the public hearing. .Roll call was taken on the motion. Ayes: Unanimous. 90.34 Motion was made by Miller, seconded by Steigerwalt to recommend approval of the application of the City of Lakeville for a major comprehensive plan amendment to revise the generalized land use plan for the I-35/County Road 46 freeway interchange subject to the planning report dated 2/6/90. _ Roll call was taken on the motion. Ayes: Unanimous. Under other business, the Commission requested that staff ask the Park and Recreation Committee to review the trail system between Airlake Industrial Park and the Johnson development and also between the Johnson development and the downtown area. 7 PLANNING COMMISSION MINUTES FEBRUARY 15, 1990 Bob Erickson. gave an update to the Commission on the status of Lake Villa Golf Estates 6th Addition. He stated that staff is continuing to work with the developer and residents of the area. He also stated that a tree preservation plan was being prepared and that before the matter goes to the City. Council for a decision on an EAW, the information will be brought back to the Planning Commission. He stated he was aware that Commission members had been asked to view the area by the neighboring residents. He informed the Commission that it was appropriate for them to do so if they felt comfortable with the situation. He stated that staff will provide as much information as possible to the Commission in an effort to keep them fully informed. Steigerwalt requested information regarding the square footages of the abutting lots and any covenants for that the City might be aware of. Whitehouse requested an update on the quality of area lakes. Mr. Erickson stated that a joint meeting between the Park and Recreation Committee and the Natural Resources Committee will be held on March 6, 1990 and the quality of area lakes will be discussed. He stated this meeting will be open to the public. Arlene Weck, owner of two lots in South Creek Addition, stated she was held up in traffic and was unable to be present for the issue concerning the rezoning of Lots 1-10, Block 1 and Outlot A, South Creek Addition. She stated she and. her family were not in favor of rezoning the lots to R-2 as they have plans to construct duplexes on the lot at a later date. Chairman Whittingham explained that the Commission had already made a recommendation concerning this matter and asked staff to explain to Ms. Weck the reason for the proposed rezoning. Alan Brixius explained that the lots in question are not in conformance with R-4 standards and that as such, she would be unable to obtain a building permit to construct a duplex on any of these lots. 90.35 Motion was made by Steigerwalt, seconded by Miller to adjourn the meeting. Voice vote was taken on the motion. Time: 10:00 p.m. 8 i . ~ y'~ PLANNING COMMISSION MINUTES FEBRUARY 15, 1990 Respectfully submitted: ~ i r p ~ Mira Holliday, Recording S etary ATTEST: Jan ittingham, Chai erson 9