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HomeMy WebLinkAbout05-17-88 , P n4 • - CITY OF LAKEVILLE PLANNING COMMISSION MINUTES MAY 19, 1988 The meeting was called to order by Chairperson MacGibbon at 7:..00 p.m. in the Airlake.Council Chambers. Roll call. of members. was taken. Present: Whitehouse, Langhorst, Miller, Sizer, MacGibbon, Walters. Also present was Jim Robinette, Community Development Director,. Alan Brixius, City Planner, Roger Knutson, City Attorney and Daryl Zuelke, City Engineer. 88.113 Motion was made by Sizer, seconded by Langhorst to approve the minutes of the May 5, 1988 meeting. Roll call was taken on the motion.. Ayes: Langhorst, Whitehouse, Miller, Sizer, Walters. Abstain: MacGibbon. The public hearing to consider the application of Glen Klotz for a preliminary plat to be known as Orchard Lake Hills and a planned unit development and a minor comprehensive plan amendment to include the area in the 1990 Urban Service Area was opened. The City Attorney attested that all legal notices had been duly published and mailed. The Planner .made a presentation • concerning planning issues that were raised at the last meeting. He addressed alternate routes in conjunction with the City Engineer and indicated that none of them were really feasible,. He indicated that the land is .covered by three existing. plats and this is a replat to bring them into conformance with more modern standards. Mr. Zuelke also addressed alternate routes .indicating that none of them were appropriate. He indicated than there are severe topography problems with building a road on any alternate route and also the length would end up to be approximately 2200 feet versus 600 feet.. He indicated that an alternate road width of 24 feet for the. upgrading of Langley Avenue would be appropriate. Mr. Walters asked specifically for the Engineer to further address the .alternate route question. The Engineer responded that he did .not consider them possible in any feasible sense. Mr. Walters asked. Mr. Zuelke to address drainage. Mr. Zuelke. replied that any drainage problems can be adequately handled from an engineering standard. Mr. Miller asked if the railroad is to be abandoned. Mr. Robinette replied that it might possibly be abandoned at .some point in the future but at the present time it is unknown. Mr. Whitehouse commented. that he does not believe that the Deer Park area is reasonably de- velopable. .The Engineer replied that with an alternate road.-cut north from the Sea Girt, it would require 35 to 40 feet. deep cuts, thereby, voiding the land of trees. PLANNING COMMISSION MINUTES MAY 19, 1988 Mr. .Wood of .Langley.. Avenue expressed concerns over possible storm sewer and driveways. Mr. Zuelke indicated that the road will meet. the City standards and be below the 10% grade allowed at the street intersection. Mr. Harris from 167th Street indicated his concern over how the grades may match his driveway at the street. Mary,Holberg of Upper 167th St. presented. a list - of concerns which are attached hereto. The Commission received a petition for an environmental assessment indicating that the petition should also be presented to the Natural Resources Committee. Mr. Kriz, the developer's consultant made a detailed presentation of the grading and erosion control plan to the audience. Several citizens desired to know if the City was going to pay for trees that. would be on the .easements necessary to improve the road. The City Attorney replied that. the City would have to pay for the easement to include trees that were taken. It was specifically pointed out on the grading plan as to how the drainage would go to the north rather than into Orchard Lake. Citizens expressed concern over fill being needed on some lots and restated environmental concerns. Mr. Whitehouse asked the developer where_ the excess dirt could be placed. The developer responded. that it would be put in low areas and in the adjoining development to the east. The Commissioner expressed their individual thoughts on the . project as follows: - Mr. Langhorst felt the project was basically reasonable but strongly feels there should be minimal cost to current residents for road upgrading. - Mr. Miller indicated that he agreed with Mr. Langhorst and he did not feel that the neighbors should face undue hardship because`of the developers desires. - Mr. Walters .indicated that he also. felt that undue hardship should not be placed on the residents for the upgrading of` the road:. He stated he likes the: plan but feels that'the Sea Girt property should be one lot. - Ms. MacGibbon indicated that she does not like the Sea Girt having on one lot when two lots would meet the City xequire- went. 88.114 Motion was made by Sizer, seconded by Langhorst to close the public hearing. Roll call was taken on the mo ion. Ayes:. Unanimous. • 2 PLANNING COMMISSION MINUTES MAY 19, 1988 88.115 Motion was made by Miller, seconded by Szer to approve thee. preliminary plat of Orchard Lake Hills in accordance with the April 27, 1988 Planner's report and subject to the following six recommendations: 1. Lots l and 2, Block l of Wiesner's Lake. Addition exist as conforming lots. 2. The City should establish minimum setback standards for lots in Block 3 of the proposed .plat. Front: 25 feet Sider 10 feet Rear: 10 feet fro the OHWM 3. The preliminary plat and PUD can be given approval before the Langley Street construction issue is resolved. However, ..this situation must be addressed before any final platting ..procedures begin. Without this street improvement, .Lots l 12, Block 2 will not have access to a public street. 4. An addition 30 feet of right-of-way is added to Langley Avenue between 168th. Street and the south boundary of the plat and the addition of a rural section. of road with the stipulation that the current residents should have to pay no . morefor upgrading of the road than the rural residential equivalent with the developer picking up additional costs. 5. Add the Sea Girt easements. 6. Comments from all. other City staff. Roll call was taken on the motion. Ayes: Langhorst, Miller,. Sizer, Walters. Nays: MacGibbon and Whitehouse.. The reason for MacGibbon's nay was she does not approve of Langley Avenue being upgraded as a rural 24 foot section. The reason for Whitehouse's nay was he felt that Deer Park would .create more hardships than already exist. A review of the final plat of Daniels addition was presented by Alan Brixius. It was indicated that the Daniels Addition is-the final .plat of what was formerly known as Dakota Heights- 9th Addition which was-approved in the 1970's. 88.116 Motion was. made by Miller, seconded by Langhorst to recommend approval of the final plat of Daniels Addition. Rohl call was taken on the motion. Ayes:. Unanimous. 3 PLANNING COMMISSION MINUTES MAY 19, 1988 `1 The public hearing to consider the application of James F. White- for a conditional use permit for outdoor sales at 20134 Kenwood Trail was opened. The City. Attorney attested that .all legal notices had been duly published and mailed. The Planner gave a review of the application. The Commission discussed with Mr. White his plans for sales and how they relate to the funeral business. There was no citizen comment. 88.117 Motion was made by Miller, seconded by Sizer to close the public hearing. Roll .call was taken on the motion. Ayes: Unanimous. 88.118 Motion was made by Miller, seconded by Walters to recommend approval of the application of James F. White for a conditional use permit for outdoor sales at 20134 Kenwood Trail in accor- dance with the Planner's. report of May 5, 1988 deleting recom- mendation number 1. Roll .call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of the Bridlewilde Joint Venture for a preliminary plat/subdivision and rezoning of 144 single family lots to be known as Shady Oak Shore with R-2 zoning and commercial sites with 2.7 acre B-4 • zoning and 3.4 acre B-3 zoning was opened. The City Attorney attested that all legal notices had been duly published and. mailed. Alan Brixius presented a report in detail. A present- ation of the plat was made by Mr. Herrmmann of Bridlewilde Joint Venture and Mr. Ralph Wagner, his engineer. Detailed discussion was held with the Commission concerning zoning. The Commission expressed the opinion that they felt `there is too. much commer- cial zoning in the area. Mr. Herrmann stated he had completed a professional market study for the zoning. The Commission stated they would like to have time to review the study and further consider the zoning issues. They. generally had no problems with the residential plat itself. 88.119 Motion was made by Walters., seconded by Langhorst to close he public hearing. Roll call was taken. on the motion. Ayes: Unanimous. 88.120 .Motion was made by Sizer, seconded by Miller to approve the preliminary plat of Shady Oak Shores in accordance with the Planner's report of May 11, 1988 and to table the rezoning pending further review. Roll call was taken on the motion. Ayes: Unanimous. 4 PLANNING COMMISSION MINUTES MAY 19, 1988 The public hearing to consider the application of the City of Lakeville to the Ordinance 167, the Zoning Ordinance, by amending Section 9.4, accessory buildings was opened. The City Attorney attested that all legal notices. had been duly published and mailed. Mr. Robinette and the Building Inspector explained concerns with the .ambiguity of the existing ordinance and the need for specific clarifications as indicated in the attached ordinance revision as proposed by the Planner. Discussion was held among Commission members. There was no public comment. 88.12E Motion was made by Miller, seconded by Walters to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 88.122 Motion was made by Sizer, seconded by Langhorst, to recommend approval of the proposed ordinance amendment to Ordinance 167, Section 9.4. Roll call was taken on the motion. Ayes:. Unanimous. $8.123 Motion was made. by Walters, seconded by Langhorst to adjourn the meeting.. • Voice vote was taken on the motion. Ayes: Unanimous. Time: 11:30 p.m. Respectfully submitted:. James A. Robinette, Community Development Director .ATTEST: Diane MacGi bon, Chairperson. • 5 The following is a list of concerns and opinions related to the proposed Orchard Lake Hills Improvement Project 88-6 Submitted to the Planning Commission on May 19, 1988, by Mary Liz Holberg of 12195 Upper 167th St. West Lakeville, MN 435-8723 1. Assesments a. Excessive amount with little benefit to property owners b. Cost of proposed roadway excessive ($110/FF as opposed to an average of $30/FF) c. Includes cost of acquiring 30 foot easement on east side of Langley d. Final costs could exceed proposed amounts e. Property values will not increase proportionatly f. Property owners on Langley being assesed for Upper 167th 2. Traffic and Safety a. Increased traffic (approximently 110 additional passes) through the railroad trussel which is one lane and dangerous b. Condition of 168th street is now very poor, deterioration will accelerate c. Safe access to Langley Avenue from Nieuwsma's driveway will be difficult during poor road conditions 3. Issues of Community Development • a. Not every square acre of land in Lakeville must be developed b. Desirable communities preserve wildlife areas to act as buffers between neighborhoods c. A proportional amount of natural resources, (wildlife, trees) of any given community should be preserved to retain property values and the high quality of life desired by most homeowners. d. Shoreland Impact Plan has not been submitted by developer as required by Section 4 of the Shoreland Ordinance 4. Access to Deer Park Area a. Langley Avenue is not the only access point b. Access from north may be possible when land in that area. is developed further c. Access from the southeast through Sea Girt lats is also a possibility d. Access from the east through the Swan lot that is for sale e. Access from the .northeast at the`'t~.me the railroad is vacated • 5. Proposed Extension of Langley Avenue a. costs extremely high to abutting landowners b. exheri ive°removal of soil and trees c. length of cul-de-sac greatly exceeds code limits and a hazard if blocked during an emergency d. existing driveways must be realigned to meet proposed road e. extensive backfill and work to Upper 167th to meet grade of Langley 6. Proposed Orchard Hills Development a. Sea Girt lake lots very small-do not meet size required by shoreland ordinance (one home would be acceptable) b. Weisner lots do not meet specifications c. Only 208 feet. between the two roadways-high cost to maintain d. 20 feet Public easements on both side of Sea Girt Lake property will they be~~preserved or vacated? e. There is no proof of hardship to justify varences 7. Erosion and Sediment Control a. no plan as to how it will be accomplished b. massive change in topography c. probable negative effect to wetlands-increased water flow and sediment problems. d. extreme reduction of land surface. to absorb water e. possible flooding of the Wood and McMichael property • 8. Wildlife and Wetlands a. will destroy habitat for loons, deer, woodchucks, rabbits, wild turkeys, and numerous water fowl and birds b. ponds will suffer due to increased contaminants runoff and destruction of adjacent woodlands c. many trees and other vegetation will be destroyed •