HomeMy WebLinkAbout08-23-90 f _
CITY OF LAKEVILLE
PLANNING COMMISSION MEETING MINUTES
AUGUST 23, 1990
The meeting was called to order by Mice-Chairman., Miller, at
7;40 p.m. in. the Lakeville City Hall.
.Roll call of members was taken.. Present: Whitehouse,..
Holberg, Miller, Steigerwalt. Absent: Whittngham,
Langhorst, De Phillips
The minutes of the August 2, 1990 meeting were approved as
written.
The public hearing to consider the application of Jeffrey
and Dorothy Barr for a building setback variance from the
ordinary high water mark of Kingsley Lake (Section 47.5 of
the Zoning Ordinance) to allow the construction of a new
single family residential dwelling to be located on the
north side of Klamath Trail at 168th Street was opened. The
City Attorney attested that all legal notices. had been duly
published and mailed.
Daryl Morey stated that at the July 19th Planning Commission
meeting, approval. of this item was recommended to the City
Council. on a four to two vote.. He explained that .the
• original legal notice that was published in the newspaper
and mailed to the abutting property owners incorrectly
stated that the Barr's were applying for a building setback
variance from Lee Lake. Upon discovery of the error, City
staff immediately: mailed a correctionnotce to the
adjoining property owners. He stated that at the
recommendation of the City Attorney, City staff sent a
correct legal notice to the newspaper as well as to the
abutting property owners, to readvertise a public hearing on
the Barr variance at tonight's meeting.
Walter Sternberg of 1672.0 Klamath Trial questioned the
publication of the public hearing notice in the newspaper.
The City Attorney presented the-Affidavit of Publication to
Mr. Sternberg. He stated that was not the actual newspaper
and was-not satisfied that it had been published... Bob
Erickson, City Administrator presented. Mr. Sternberg with
the actual clipping of the public hearing notice from the
newspaper. .The City Attorney asked Mr. Sternberg if he had
received mailed notice of the hearing. Mr. Sternberg
replied that he had.. Mr ,Sternberg presented the Commission
with copies of City Council minutes dated September 13,.1976
which stated the lot now owned by the Barn's, among others
were buildable lots (motion-number 76.45). He also
presented a copy of a memorandum from Donohue and Associates
dated December 12, 1986 regarding assessments to the
aforementioned properties..
~ L
PLANNING COMMISSION MEETING MINUTES
AUGUST 23, 1990
Page 2
Alan Brixius reviewed. the variance request, outlining the
planning report of June 29, 1990.. He recommended approval
of the request subject to the four recommendations listed in
the report. Mr. Barr and. Al Maas were present to answer any
.questions of the Commission and public. They stated they
were in agreement with the recommendations of the planning
report.
Stegerwalt questioned the installation of sewer and water
to the :lot. Jeff Oliver, Assistant City Engineer reviewed
the plans far the installation, stating that Mr. Barr had
made every effort to cooperate and that an easement was in
the process of being granted. He also stated that the Barrs
would:be responsible for installation of the man hole and
connection, thus becoming exempt from future assessments.
Discussion. was also held concerning a tree preservation.
plan, which Mr. Barr stated he is currently working on :and
the outlet for Kingsley Lake.
90.142. Motion. was made by Holberg, seconded by Steigerwalt to: close
the public hearing.
• Roll call was taken on the motion. Ayes: Unanimous.
90.143 Motion was made by Holberg,.seconded by Stegerwalt to
recommend approval of the application of Jeffrey-and Dorothy
Barr for a building setback variance from the ordinary high
water mark of Kingsley Lake {Section 47.5 of the Zoning`
Ordinance) to allow the construction of anew single family
residential dwelling to be located on the north side of
Klamath Trail at 168th .Street.
Roll call was taken on the motion. Ayes: Whitehouse and
Steigerwalt. Nays: Miller and Holberg.
The reason for Miller's nay was the condition of the soil,
the 100 foot difference between the setback required by
ordinance and the setback proposed by the Barrs, .the
foreseeable erosion of soil without vegetative cover and the
driveway being too close to the ordinary high water mark.
The reason for Holberg's nay was the severity of the
variance, the topography dictating the variance hardship and
the setting of severe precedent.
•
PLANNING COMMISSION MEETING MINUTES
. AUGUST 23, 1990
Page 3
Alan Brixius reviewed the final. plat of Royal Woods First
Addition, outlining the planning report of May 7, 1990.
He recommended approval of the final plat subject to 10
conditions outlined in the report...
Ralph Wagner of Probe Engineering reviewed the grading
plan. The Commission held a discussion which included:
- Storm sewer (size of outlet pipe)
- Removal of stack pile of black dirt
- Tree preservation plan
- Security for tree preservation plan
- Trailways abutting outlot
90.144 Motion was made by Holberg, seconded Whitehouse to recommend
approval of the final plat of Royal Woods First Addition
subject to the planning report. of May 7,..1990, the
engineering report of August 9, 1990 the Dakota County Soil
and Water Conservation District report of August 1, 1990,-
- the-Natural .Resources Committee .recommendations, the
implementation of Phase III after Phase I and removal of the
stock pile of excess. material by July 1, 1991.
• Roll call was taken on the motion. Ayes: Unanimous.
Alan Brixius .reviewed the final plat of Lake Villa 6th
Addition, outlining the report of Auguste l6, 1990. He
explained that reviews and discussions-:regarding the
preliminary plat for the Lake. Villa Golf Estates 6th
Addition have been conducted by Northwest Associated
Consultants, City staff, City engineers., the DNR and the
Dakota County Soil and Water Conservation Department since
submission of a preliminary plat in December 1989. These
reports and discussions have resulted in a number of :.changes
from the original preliminary plat due to drainage, access,
and tree preservation concerns. He reviewed the changes and
recommended approval of the final plat subject to 10
recommendations listed in the August 16, 1990 report.
Tom Simonsen, the developer, was present and stated he was
in agreement with .the. recommendations outlined by Mr.
Brixius.
The Commission held a discussion.
Larry Bakken questioned the sewer. hook up and the lack of
access to Kettering:. Trail from the Turbes property. Staff
responded that-the sewer hook-up is a design issue which
• would be addressed and discussed with Mr. Bakken at a later
date.. Staff also explained that the Turbes property has a
north-access to 172nd Street.
~ ~
PLANNING COMMISSION MEETING MINUTES
• AUGUST 23, 1990
Page 4
Michael Dedesky expressed concern over the loss of trees
around the holding pond. He felt. there should be more
drainage in that area. Staff explained that an outlet would
be placed in the pond as a part of the-Lake Villa Galf-
Estates 6th Addition plat. Bob Erickson stated that the
pond had been recently pumped due to concern by the
neighbors for the trees.
Rich Carron questioned the security for tree preservation on
custom graded lots. Staff explained that the security was a
mandatory requirement.
A discussion was held .concerning the outlet pipe for a pond
on the south side of Kettering Trail. Staff stated they
would look at the level of the pipe.
90.145 Motion was made by Whitehouse, seconded by Holberg to
recommend approval of the final plat of Lake Villa Golfe.
Estates 6th Addition. subject to the recommendations of the
August 16 1990 planning report with the addition: of
recommendation number 11 being strict adherence to silt"
fencing around the wetlands.
• Roll call was taken on the motion.. Ayes. Unanimous.
Bob Erickson thanked the residents for their input on the
Lake Villa Golf Estates 6th Addition plat stating many
problems had been resolved.
Bob Erickson gave an overview of a resolution of the
Lakeville Planning Commission finding the proposal for
modifcationof I-35 Redevelopment Project No. 1,
establishment of Tax Lncrement Financing. District No. 12
(Lakeville Commerce Center) located within the Redevelopment
Project No. 1 and proposal for-approval and adoption of the
redevelopment plan and tax increment financing plan relating
thereto to be consistent with the comprehensive plan of the
City. Mr, Erickson then introduced Walt Hartman, the City's
Tax Increment Financing Consultant, who gave an indepth
review of the proposal.
The Commission held a brief discussion.
90.146 Motion was made by Steigerwalt, seconded by Holberg to
approve the Resolution of the Lakeville Planning Commission
finding the proposal for modification of I-35 Redevelopment
Project No. 1, establishment of Tax Increment Financing
District No. 12 (Lakeville Commerce Center) located within
. the Redevelopment Project No. 1 and proposal for approval
and adoption of the redevelopment-plan and tax increment
financing plan relating thereto to be consistent with the
Comprehensive. Plan of the City.
*
PLANNING COMMISSION MEETING MINUTES
• AUGUST 23, 1990
.Page 5
Roll call was taken on the motion.. Ayesc Unanimous.
There was no new business.
90.147 Motion was made by Steigerwalt, seconded by Holberg to
adjourn the meeting.
Time: 9:30 p.m.
Respectfully submitted:
Mira Holliday, R cording retary
.ATTEST:
• Dennis Miller, Vice Chairman
•
RESOLIITION OF THE LAKEVILLE PLANNING
COMMISSION FINDING THE PROPOSAL FOR
MODIFICATION OF I-35 REDEVELOPMENT PROJECT
NO. 1, ESTABLISHMENT OF TAX INCREMENT
FINANCING DISTRICT NO. I2 (LAKEVILLE
COMMERCE CENTER) LOCATED WITHIN THE
REDEVELOPMENT PROJECT NO. 1 AND PROPOSAL
FOR APPROVAL AND ADOPTION OF THE
REDEVELOPMENT PLAN AND. TA% INCREMENT
FINANCING PLAN RELATING THERETO TO BE
CONSLSTENT WITH THE COMPREHENSIVE PLAN OF
THE CITY.
WHEREAS, the Housing and Redvelopment Authority in and for the City of
Lakeville {the. "Authority") has (a) proposed modification of I-35 Redevelopment
Project No. 1 (the "Project"); (b) proposed establishment of Tax Increment
Financing District. No. 12 (Lakeville Commerce Center) (the "Tax Increment
District") ooated within the Project, all located within the jurisdictional limits of
the City of. Lakeville, Minnesota (the "City"); and (c) proposed the modification of
a Redevelopment .Plan (the "Redevelopment Pian") and. Tax Increment Financing
Plan (the "Financing Plan") relating thereto, Qursuant to Minnesota Statutes,
Sections 469.001 to 469.047, inclusive, and Minnesota Statutes, Sections 469.174 to
469.179, inclusive; and
WHEREAS, the Redevelopment Plan and Financing Plan 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 Plan and Financing Plan 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 Redevelopment Plan and Financing. Plan are consistent with
the- Lakeville Comprehensive Plan and the Commission;reeommends forwarding of
the findings to the :Lakeville. City Council. -
Adopted U ;3 1990.: C q
Chairma
4i
ATTEST;