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HomeMy WebLinkAbout03-15-90 CITY OF LAKEVILLE PLANNING COMMISSION MINUTES MARCH 15, 1990 The meeting was called to order by Chairperson Whittingham at 7:00 p.m. in the Airlake Council Chambers. Rall call of members was taken.. Present: Whitehouse, Holberg, Whittingham, Langhorst, Steigerwalt. Absent: Miller. Also present was Elliott Knetsch, City Attorney, Alan Brixius, Consulting Planner; Bob Erickson, City Administrator; Keith Nelson, City Engineer; Jim Robinette, Community Development Director; Daryl Morey, Assistant Community Development Director and Mira Holliday, Recording Secretary. The minutes of the March 1, 1990 Planning Commission meeting were discussed. Several amendments were made. 90.41 Motion was made by Steigerwalt, seconded by Langhorst to approve the minutes of the March 1, 1990 Planning Commission meeting as amended. Roll call of members was taken. Ayes: Unanimous. The public hearing to consider the application of Felix Tillges for a rezoning from R-B, Residential-Business Transition District to B-1, Limited Neighborhood Business District on Lots 2, 3 and. 4, Block 2, Viking Square was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey gave a review of the application, discussing the .planning report of 3/9/90 which included: - The proposed rezoning is consistent with the Comprehensive Plan. - The proposed rezoning is compatible with the surrounding area. - The lot sizes are in compliance with B-1 District standards. - The proposed uses would not depreciate the surrounding .area. - Availability of City sewer and water to the three lots. - Traffic generation is expected to be within the capacity of the streets serving the property.. Mr. Morey recommended approval of the rezoning request, stating it to be a desired and appropriate use of the land. . • PLANNING COMMISSION. MINUTES MARCH 15, 1990 Mr. Tillges was present to answer. questions. He stated he .felt the proposed businesses for .the area would be .worthwhile for the City. The Commission held a brief discussion. There was no public comment. 90.42 Motion was made by Whitehouse, seconded by Holberg to close the public hearing. Roll call was taken on the motion. Ayes.: Unanimous. 90.43 Motion was made by Langhorst, seconded by Steigerwalt to recommend approval of the application of Felix Tillges for a rezoning from R-B, Residential-Business Transition District. to B-1, Limited Neighborhood District on Lots 2, 3 and 4, Block 2, Viking Square subject to the planning report of 3/9/90 and the Findings of Fact. Ro11 call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of Tim Meyer for a conditional use permit to expand a non-conforming, single family residential dwelling unit to improve its livability (Section 8.2.5 of the Zoning Ordinance) on Lot 7, Block 21, Antlers Park was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey distributed a draft conditional use permit for the. Commission's review. He reviewed the application, discussing the planning report of 3/9/90. His discussion included the followings - Review of the history and age of the plat and-house - .Location, shape and size of the lot (presently existing as legal non-conforming). - Setbacks (required, existing, proposed) - Proposed changes to the existing house - Current outdoor storage Mr. Morey recommended approval of the request subject to eight conditions listed in the report of 3/9/90.- Mr. Meyer was present to answer questions of the Commission and. public. He stated he had no problem with the eight conditions. 2 PLANNING COMMISSION MINUTES MARCH 15, 1990 A discussion was held among Commission members.. It was decided that condition number eight should state issuance of a certificate of occupancy instead of building permit and that the wording "or storage shed" should be deleted. There was no public comment. 90.44 Motion was made by Langhorst, seconded by Holberg to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.45 Motion was made by Whitehouse, seconded by Steigerwalt to • recommend approval of the application of Tim Meyer for a conditional use permit to expand a non-conforming, single family residential dwelling unit to improve its livability (Section 8.2.5 of the Zoning Ordinance) on Lot 7, Block 21, Antlers Park subject to the planning report of 3/9/90 with recommendation number 8 as amended and the findings of fact. • Roll call was taken on the motion. 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 continued from the March 1, 1990 meeting. Alan Brixius reviewed the items the Commission had directed staff to address at the last meeting, which were as follows: - Lot size concern - the elimination of one or two lots in Block 2. - Drainage and ponding concerns in Block 3. - Lot 1, Block 1 setback requirements and house placement in relation to adjacent lot in Bracketts Estates - Review outlet for the pond south of Kettering Trail to determine if it is adequate to control the water depth. - Work with the developer to formulate a draft development agreement. Keith Nelson, City Engineer addressed the final design of the proposed ponding area in Block 3. He indicated that the pond outlet is-five feet below the lowest ground elevation along the existing Orchard Lake Estates drainage easement. He stated that. the highest observed water level can be 3 PLANNING COMMISSION MINUTES MARCH 15, 1990 accommodated with this pond design. He also explained the storm .water drainage impacts on downstream ponding areas and properties. He discussed the DNR protected wetland and its outlet into Orchard Lake as well as the downstream ponding urea south of the proposed plat. He also addressed concerns of Marilyn Larson about the runoff into the wetland adjacent to her property.. Alan Brixius stated that staff had met with the developer and he had agreed to eliminate one lot in Block 2. Randy Hedlund of Hedlund Engineering reviewed the proposed revision. He reviewed the proposed lot lines, stating that the topography of the area and tree preservation had been taken into consideration. He stated that the average lot size is now 17,000 square feet. Lots 1, 2, 3, and 4 are wider than before. He stated that eight lots would be mass graded and the remaining 18 lots would be custom graded. The plan revisions will allow more lots to be custom. graded (and fewer lots to be mass graded) than the previous plan. Mr. Kunde of Kunde Company stated that he and two .other foresters went to the site and marked and inventoried the highest quality trees. He stated they marked the ones which were most valuable and most likely to withstand the stress of construction. Alan 'Brixius stated that to insure accountability and compliance of the forestry and grading. plan, the applicant should post a letter of credit for $1,000 per custom graded lot to insure .that the custom graded lots are prepared in a manner that is consistent with. the tree preservation plan. The security responsibility is then transferred to the property purchaser at time of actual site grading. Alan Brixius went on to discuss two minor alterations being suggested by the applicant. The first alteration would be to add a portion of the Skogstad property to Lot 4, Block 1. The second alteration involves incorporating into the plat four lots owned by the DNR which the applicant is in the process of acquiring through a land trade. Mr. Brixius stated that staff recommends approval of the revised preliminary plat subject to the conditions outlined in the 2/21/90 Planner's report, the 2/1/90 forestry plan approved by Kunde Company, the 2/8/90 report of the City. Engineer, the 3/8/90 letter from Eva Development and the Planner's report of 3/12/90. • Dennis Gillespie of Kodiak Court asked Mr. Simonsen and Mr. Hedlund if they had considered eliminating two lots and also combining Outlot C with Lot 1 and Lots 2 and 3, Block 3. He also asked about a possible tree easement on custom 4 PLANNING COMMISSION MINUTES MARCH 15, 1990 lots. Bob Erickson, City Administrator, responded that the majority of the lots will be custom graded and. stated that he felt the developer had been very cooperative. He stated that the tree easement would be considered at .the time of final plat. He stated that he felt Lake Villa Golf Estates 6th Addition will be the first of it's kind in this community. Mr. Gillespie questioned Keith Nelson about the adequacy of the outlet pipe size in case of freezing. Mr. Nelson stated there is always potential for freezing and plugging but that efforts are always made to keep such pipes cleaned out. Mr. Gillespie stated he appreciated all the work that had been done concerning this project by the developer and Gity staff . Kevin Sullivan of Bracketts Estates was concerned that the configuration of his lot dictates a building pad which allows little flexibility. Alan Brixius stated that • consideration could be given for a variance to allow some flexibility for the location of Mr. Sullivan's house. Bill Blankenship of 177th W. stated that he owns a $300,000 house and his lot backs up to a portion of Block 2. He further stated that it is not his desire to have houses of $150,000 or less abutting his property. Bob Erickson stated that this was not an issue before the Commission and .should not be discussed further. Mr. Blankenship went on to question the mass grading, tree preservation, and the combination of Lots 13, 14 and 15 into two lots in an effort to preserve more trees. Mr. Hedlund stated that this was not an option. Mr. Blankenship also questioned the custom grading. Staff responded to his concerns. Larry Bakken of 175th Street stated that he was disappointed that Outlot C had not been made a part of Lot 1. He commended the developer and his engineer on their work. He stated he would like to have the proposed lot lines for development of his property be removed from the developer's plans before the upcoming City Council meeting. John Wilham of Lake Cove Circle expressed concern over the mass .grading of Lot 3, Block 2. Ann Ferris of Kodiak Court also expressed concern over the protection of trees during mass grading. 5 .PLANNING COMMISSION MINUTES MARCH 15, 1990 The Commission held a discussion which included: - The land trade (Lot 1, Block 1). - Filling on Lots 2, 3, and 4, Block 1. - The "Walker Method" (explained by Keith Nelson). - Security for tree preservation. - Right-of-way for the Bakken property. Chairperson Whittingham stated that Mr. Miller had requested his comments be made in his absence. He recommended approval of the plat but expressed concern over the house pads on Lots 1 and 2, Block 3. Whitehouse stated he would like to see a continuous silt fence around. the wetland and smaller oaks identified in Block 1. 90.46 Motion was made by Steigerwalt, seconded by Langhorst to close the public hearing. • Roll call was taken on the motion. Ayes: Unanimous. 90.47 .Motion was made by Steigerwalt, seconded by Langhorst to recommend approval of the application of Eva Development, Inc. for the revised preliminary plat of 26 single family lots to be known as Lake Villa Golf Estates 6th Addition subject to Planner's reports of 2/21/90 and 3/12/90, the forestry plan approved by Kunde Company dated 2/1/90, the City Engineer's report dated 2/8/90 and the letter from Eva Development dated 3/8/90. Roll call was taken on the motion. Ayes: Unanimous. The Commission commended the developer and City. staff for all the work that had gone into the research. and revision of the plat. 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 Fark Addition No. 1 was continued from the March 1, 1990 meeting. Alan Brixius reviewed the request and recommended approval subject to the Planning report of 2/23/90. The Commission held a brief discussion.. Mr. Simonsen of Eva Development, Inc. stated he is working with the DNR concerning the vacation of other streets. 6 PLANNING COMMISSION MINUTES MARCH 15, 1990 90.48 Motion was made by Langhorst, seconded by Holberg to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.49 Motion was made by Langhorst, seconded by Steigerwalt to recommend approval of 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 subject to the Planner's report. of 2/23/90. Roll call was taken on the motion. .Ayes: Unanimous. The consideration of a resolution finding the proposal for modification of the downtown and Airlake Redevelopment Projects and modification of tax increment financing. districts located within the redevelopment projects and proposal for approval and adoption of the modified redevelopment plans and tax increment financing plans relating thereto to be consistent with the Comprehensive Plan of the City was discussed by Robert Erickson, City ' Administrator. He explained that the responsibility of the Commission in this matter was to determine if the proposed plan was consistent with the City's Comprehensive Plan. He stated that approval of the resolution would give an older area of the community, downtown Lakeville, the ability to finance public utility improvements. He also stated. that the tax increment financing time frame would not be extended, but would remain the same. A brief discussion was held among the Commission members and Mr. Erickson. 90.5 0 Motion was made by Holberg, seconded by Steigerwalt to approve the resolution finding the proposal for modification of the downtown and Airlake Redevelopment Projects and modification of tax increment financing districts located .within the redevelopment projects and proposal for approval and adoption of the modified redevelopment plans and tax increment financing plans relating thereto to be consistent with the Comprehensive Plan of the City. Roll call was taken on the motion. Ayes: Unanimous. There was no other business. 90.51 Motion was made by Steigerwalt, seconded by Langhorst to adjourn the meeting. 7 PLANNING. COMMISSION MINUTES MARCH 15, 1990 Voice vote was taken on the motion. Ayes: Unanimous. Respectfully submitted: Mira Holliday, Recordin Secretary ATTEST: Ja Whittingham, C airperson 8 RESOLIITION OF THE LAKEYILLE PLANNING COMMISSION. FINDING THE PROPOSAL FOR MODIFICATION OF THE DOtRNTOi~PN AND AIRLAKE REDEVELOPMENT PROJECTS AND MODIFICATION OF TAX INCREMENT FINANCING DISTRICTS LOCATED WITHIN THE RBDEYELOPMENT PROJECTS AND PROPOSAL FOR APPROVAL AND ADOPTION OF THE MODIFLSD REDEVELOPMENT PLANS AND TA% INCREMENT FINANCING PLANS RBLATING THERETO TO BE CONSISTENT Wl'TH THB COMPREIiENSIVB PLAN OF THE CITI'. .WHEREAS, the Housing and Redvelopment Authority. in and for the City of Lakeville (the "Authority") has_ (a) proposed modification of .the Airlake and bowntown Redevelopment Projects (the "Projects"} (b) proposed modification 'of the Tax Increment Financing Districts (the "Tax .Increment Districts") located within the Projects, all located within the jurisdictional limits of the City of Lakeville, nnesota (the "City"}; and (c) proposed the modification of the Redevelopment Plans {the "Redevelopment Plans") and Tax. Increment Financing Plans (the "Financing Plans") relating thereto, pursuant to Minnesota Statutes, Sections 469:001 to 469.047, inclusive,. and Minnesota.Statutes, Sections 469.1.74 to 469.179, inclusive; and WHEREAS, the Redevelopment Plans and Financing Plans .have been • submitted to the Lakeville Planning Commission pursuant to Minnesota Statutes, Section 469.027 and Minnesota Statutes, Section 469.175, Subd. 3 3 ;and , WHEREAS, the Planning Commission has reviewed the proposed Redevelopment .Plans and Financing Plans to determine the consistency of the Plans to the Comprehensive Plan of the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville Planning: Commission that .the Redevel~ment Plans and Financing Plans are consistent with the Lakeville Comprehensive Plan and the Commission recommends transmittal of the findings o the Lakeville City CouneiL Adopted. L J , 1990. r . , Chairman ATTE z