Loading...
HomeMy WebLinkAbout12-06-90 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES DECEMBER 6, 1990 The meeting was called to order. by Chair Whittingham at 7:00 p.m. in the City Hall Council Chambers. Roll call was taken. Present: Whitehouse, Miller, Holberg, Whittingham, Steigerwalt and Langhorst. Also present: Bob Erickson, City Administrator; Alan Brixius, Planning Consultant; Roger Knutson, City Attorney; Michael Sobota, Community and Economic Development Director; Daryl Morey, Assistant Community and Economic Development Director; Jeff Oliver, Assistant City Engineer; David Krings, Building Official; and Mira Holliday, Recording Secretary. The minutes of the November 15, 1990 Planning Commission meeting were .approved as written.. A brief overview of the findings of fact regarding the revocation of a conditional use permit to allow outside sales and storage of plants, shrubs, and trees at 9200 202nd Street was given. by Daryl Morey. Mr. John Tucker was present but had no comment. 90.180 Motion was made by Miller,. seconded by Whitehouse to receive the Findings of Fact regarding the revocation of a conditional use permit to allow outside sales and storage of plants, shrubs, and trees at 9200 202nd Street and refer the recommendation to the City Council. Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of Paul Baker for the vacation of an existing drainage (ditch) easement on land located east of Holt Avenue between Upper 209th Street and 210th Street was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey presented a review of the request. He stated Mr. Baker is requesting the easement vacation in order to clear the title to his. property so it can be sold. He went on to state that the drainage easement was recorded in 1910 .and covers a vaguely defined strip of land through Block 1 for the purpose of establishing a ditch to carry storm water. Mr. Morey further stated that the City Engineer had reviewed this request and recommends approval in a report S dated November 21, 1990. The City Attorney had also reviewed the request and recommends approval. Mr. Morey stated staff recommends approval of the vacation of the entire drainage easement, not just the portion covering Mr. Baker's lot. PLANNING COMMISSION MEETING MINUTES DECEMBER 6, 1990 Page 2 Mr. Baker was present and thanked Mr. Morey for his assistance. He questioned the City Attorney as to why he was required to pay the $300 fee to have the easement vacated when it is no longer used. Mr. Knutson stated the City would not have considered the vacation of the easement had Mr. Baker not requested it. He stated it is City policy that the person requesting such action pay the application fee. The Commission .held a brief discussion concerning the possibility of drainage problems in the area. Jeff Oliver addressed their concerns. Langhorst questioned if other adjacent residents would also be charged the application fee. Mr. Morey stated it was up to Mr. Baker to contact adjacent property owners regarding sharing the cost of the application fee. There was no public comment. 90.181 Motion was made by Whitehouse, seconded by Langhorst to close the public hearing. Roll call was taken on the motion... Ayes: Unanimous 90.182 Motion was made by Holberg, seconded by Steigerwalt to recommend approval of the application of Paul Baker for the vacation of an existing drainage (ditch) easement on land located east of Holt Avenue between Upper 209th Street and 210th Street. Roll call was taken on the. motion. Ayes: Unanimous. The public hearing to consider the application of Ralph Trabant for the preliminary plat of 11 single family residential lots to be known as Trabant Addition and for a minor comprehensive plan amendment to include the property in the 2000 Urban Service Area on land located at 175th Street and Judicial Road was opened. The City Attorney attested that all legal notices had been duly published and mailed. Daryl Morey reviewed the proposed plat. He discussed the following, as outlined in his report dated November 29, 1990: t PLANNING COMMISSION MEETING MINUTES DECEMBER 6, 1990 Page 3 - Consistency of the plat with the Comprehensive Plan. - Density. _ - Lots. - Streets. - Setbacks. - Easements. - Grading and storm water drainage. - Parks. - MUSA. Mr. Morey stated he received a revised plat this afternoon which designates the triangular piece of property which lies .north of Lot 1, Block i, west of the centerline of the existing roadway for Judicial Road, and east of the proposed Judicial Road right-of-way as an outlot. Staff is recommending that an easement be granted across this outlot for Ken Jensen, the abutting property owner to the north, so as to provide him with reasonable driveway access to the new Judicial Road alignment. Mr. Morey recommended approval of • the proposed plat subject to the following stipulations 1. Implementation of the recommendations listed in the November 27, 1990 engineering report. 2. Implementation of the comments listed in the November 29, 1990 Dakota County Soil and Water Conservation District report. 3. Submission of a tree preservation plan with the submission of the final. plat. 4. Submission of a final grading and erosion control plan for approval by the Dakota County Soil and Water Conservation District and City staff. Mr. Morey stated as an outcome from a meeting staff had with Mr. Trabant earlier in the week, he was dropping stipulation number 5 regarding dedication of the triangular piece of property to the City. Mr. Trabant was present and questioned when the storm sewer assessments and park and trail fees would be due. The City Attorney addressed the question. Mr. Jensen of Judicial Road was present and expressed his concern over his driveway access. Mr. Morey stated Mr. Trabant has a building on the • proposed outlot and he has submitted a letter which indicates he would like to use the building as a temporary sales office for two years or until a substantial • PLANNING COMMISSION MEETING MINUTES DECEMBER 6, 1990 Page 4 amount of his lots are sold. The letter also indicates he would grant Mr. Jensen a driveway access easement over Outlot A north of this building. Staff expressed concern over whether the Outlot was of sufficient size to accommodate both the building and the driveway. The Commission held a discussion which included: - Use of .the building as a temporary sales office. - Mr. Jensen's driveway access. - Tree preservation. - Sidewalks on Judicial Road. - Steep grades. - Silt fences (sediment control). - Snowmobile access to Orchard Lake.. There was no further public comment. 90.183 Motion was made by Langhorst, seconded by Whitehouse to • close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.184 Motion was made by Langhorst, seconded by Steigerwalt to recommend approval of the-application of--Ralph Trabant for. the preliminary plat of 11 single family residential lots to be known as Trabant Addition and for a minor comprehensive plan. amendment to include the property in the 2000 Urban Service Area on land located at 175th Street and Judicial Road subject to the planning report of November 29, 1990, as amended by staff, with the added stipulation that Lots i and 2, Block 1 be custom graded. Roll call was taken on the motion. Ayes: Whitehouse, Holberg, Whittingham, Steigerwalt, Langhorst. Nay: Miller. Miller voted nay because he felt the triangular piece of property should be dedicated to the City instead of an easement being granted. The public hearing to consider the application of J.L. Shiely Company for a conditional use permit to allow the expansion of an existing gravel mine on land located on the west side of I-35 at County Road 64 was continued from a previous meeting. • Alan Brixius stated the tabling of this item was brought forth by a need for the applicant to address a number of issues/recommendations noted at the October l8, 1990 f • PLANNING COMMISSION MEETING MINUTES DECEMBER 6, 1990 Page 5 Planning Commission public hearing and within a NAC planning report dated October 12, 1990. He stated that the Shiely Company has submitted a letter which details intended responses to the City's recommendations. Mr. Brixius reviewed the following: - County Road 64 improvement plans. - Street access. - Buffering plan. - Truck traffic. - Noise levels. - Post mining topography plan. - Reclamation plan submission. - Mining and reclamation staging plan. - Dakota County Soil and Water Conservation District review. Mr. Brixius stated if the City gives approval to the conditional use permit, his office recommends the following: • 1. To ensure accurate monitoring and enforcement of the Lakeville. Gravel Mine Ordinance, the following information should be attached to the conditional use permit: a. Perimeter Buffering Plan b. Concept A-Post Mining Grading and Land Use c. Concept B-Post Mining Grading and Land Use d. Concept C-Post Mining Grading and Land Use e. Single Family Conceptual Section f. Multi-Family Conceptual Section g. Reclamation Plan h. Mining and Reclamation Staging Plan. i. Letter of Response (11/12/90) Mr. Bob Bieraugel of Shiely Company was present and reviewed the proposed slopes of the plan. The Commission held a discussion which included: - Inspection by the City (annually or bi-annually). - Reclamation plan. - 1000 seedlings planted yearly. - Buffering plan. The Commission commended Shiely Company for their response to all the questions asked by staff and the public. << . PLANNING COMMISSION MEETING MINUTES DECEMBER 6, 1990 Page 6 Mr. Robert Clark of 205th Street stated he did not agree with statements made by Mr. Bieraugel. He stated that he felt. the traffic counts sited by Shiely Company were incorrect; the trees planted on the site were not planted by Shiely Company, but by Friedheim Company; there would be no way to keep snowmobiles out of the area; there is no pit for oil spills; and the City does not need a gravel pit in that area. Jan Whittingham questioned the need for a settling pond. Alan Brixius addressed the issue. Mr. Bieuraugel stated the pond is dredged annually to remove fine sand at the bottom. Mike Dunham, abutting property owner, stated he had no problem with the slopes, as it will enhance his property. He stated his only concern is if the gravel mine were to be sold to another company that is not as reputable and attentive to the effects of the gravel mine on surrounding properties as the Shiely Company. The City Attorney stated even if another company were to purchase the gravel mine, the conditional use permit, along with any stipulations, would still be in force. 90.185 Motion was made by Langhorst, seconded by Miller to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 90.186 Motion was made by Holberg, seconded by Miller to recommend approval of the application of J.L. Shiely Company for a conditional use permit to allow the expansion of an existing gravel mine on land located on the west side of I-35 at County Road 64 subject to the planning report of November.. 26, 1990 with the addition of recommendation number six to read "The Shiely Gravel Mine shall be subject to a bi-annual inspection of the landscaping by the-City"; an amendment to Exhibit G being a minimum of 1000 seedlings be planted until reclamation is complete; and the letter from Shiely Company dated November 12, 1990. Roll call was taken on the motion. Ayes: Unanimous. Bob Erickson, City Administrator asked the Commission to reconsider the motion to recommend approval of the Trabant Addition, and instead continue consideration of this item to allow staff the opportunity to more thoroughly address the issues raised at this meeting. A 10 minute recess wascalled.. i PLANNING COMMISSION MEETING MINUTES DECEMBER 6, 1990 Page 7 90.187 Motion was made by Langhorst, seconded by Steigerwalt to reconsider agenda item number 6. Roll call was taken on the motion. Ayes: Unanimous. 90.188 Motion was made by Steigerwalt, seconded by Miller to continue consideration of the application. of Ralph Trabant for the preliminary plat of it single family residential .lots to be known as Trabant Addition and for a minor comprehensive plan amendment to include the property in the 2000 Urban Service Area on land located at 175th Street and Judicial Road to the January 3, 1990 meeting. Roll call was taken on the motion. Ayes: Unanimous. Steve Michaud, Parks and Recreation Director presented a .detailed review of the five year update of the Park and Open Space Systems Plan, discussing a Needs and Demands Analysis from Barton-Aschman Associates, Inc. dated October 19, . 1990. A discussion was held with Commission members. David Krings, Building Official, presented a proposed amendment to Zoning Ordinance Sections 9.4 and 11.5 related to accessory building setbacks and yard encroachments. A discussion was-held. among Commission members and staff. 90.189 Motion was made by Langhorst, seconded by Holberg, setting a .public hearing date for January 3, 1990 to consider the application of the City of Lakeville for an amendment to Zoning Ordinance Sections 9.4 and 11.5 related to accessory building setbacks and yard encroachments. Roll call was taken on the motion. Ayes: Unanimous. There was no unfinished or new business. 90.190 Motion was made by Miller, seconded by Steigerwalt to adjourn the meeting. Voice vote was taken on the motion. Time: 11:00 p.m. Respectfully submitted: Mira Holliday, Recording cretary a • PLANNING COMMISSION MEETING MINUTES DECEMBER 6, 1990 Page 8 ATTEST: .Jan Wh' tingham, Chairman •