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HomeMy WebLinkAbout11-03-88 CITY OF LAKEVILLE PLANNING COMMISSION MINUTES NOVEMBER 3, 1988 The meeting was called to order by Diane MacGibbon, Chairperson at 7:10 in the Airlake Council Chambers. Roll call of members was taken. Present: Whitehouse, Langhorst, Miller, Sizer, MacGbbon, Whittingham, Walters. Also present was Alan Brixius, Consulting Planner, Elliott Knesch, City Attorney, Jim Robinette, Community Development Director, Daryl Morey, Assistant Community Development. Director, John Hennen, Community Development Department Intern and .Mira Holliday, Recording Secretary. Whitehouse stated he had been misquoted in the minutes of October 20, 1988 on page two. He stated his nay on motion number 88.208 was because he felt the City does not belong in the market place with .taxpayer's money instead of in competi- tion with the taxpayer's money on a speculative project. 88.212 Motion was made. by Langhorst, seconded by Whitehouse. to approve the minutes of .the. October 20, 1988 Planning Commission minutes as amended.. Roll call was taken on the motion. Ayes: .Whitehouse, Miller, MacGbbon, Whittingham. Abstain: Walters. Chairperson MacGibbon asked Elliott Knesch, City Attorney to .give an explanation of findings of fact. He explained that the City Zoning Ordinance requires the Planning Commission to provide written findings of fact to the City Council on all conditional use permits and. rezoning issues. He stated these findings are not binding, .they are only advisory and can be changed. Chairperson MacGibbon gave a brief review of the procedures to be followed for the public hearings. The public hearing to consider the application of the City of Lakeville for the consideration of the rezoning of Area A from R-7 high density residential district to R-2 single family residential district was opened. The City Attorney attested that all legal notices had been duly published and mailed. Alan Brixius gave a review of the zoning study for this area and recommended that it be rezoned to R-2, which would be consistent with the surrounding area. Commission members stated they agreed. PLANNING COMMISSION MINUTES NOVEMBER 3, 1988 Jerry Carroll, an attorney representing the owners of four. parcels in Area A was present. He asked various questions of the City Planner concerning the City Comprehensive Plan. He provided to the Commission members a resume addressing his concerns over the rezoning. 88.213 Motion was made Sizer, seconded by Langhorst to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 88.214 Motion was made by Whittingham, seconded by Sizer to continue the final decision on the rezoning of Area A until the next meeting for further review by Commission members, Roll call was taken on the motion. Ayes: Unanimous. The public hearing to consider the application of the City of Lakeville for the consideration of the rezoning of Area I from R-7 high density residential district to R-2 single family residential district was opened. The City Attorney attested that all legal notices had been duly published and mailed. • Alan Brixius gave a review of the study and recommended the rezoning. It was brought up by a Commission member that the agenda and the notice. in the. newspaper stated the area is proposed. to be rezoned from R-7 to R-2 instead of R-1. A discussion was held. Virginia Emond of 210th Street asked questions of the Planner-concerning the study. 88.2L~ Motion was made by Sizer, seconded by Whittingham to close the. public hearing. Roll call was taken on the motion. Ayes: Unanimous. 88.216 Motion was made. by Sizer, seconded by Walters to recommend approval of tfie application of the City of Lakeville for the rezoning of Area I from R-7 high density residential district to R-2 single family residential district, amending the findings of fact to read R-2 instead. of R-1. Roll call was taken ~n the motion. Ayes: Whitehouse, Langhorst, Sizer, MacGibbon, Whittingham, Walters. Nay:. Miller. Miller voted nay because he felt the area should be zoned R-4. • 2 PLANNING COMMISSION MINUTES NOVEMBER 3, 1988 • Due to extra time before the next scheduled ublic hearin it P g was decided to move agenda item number 10 forward which was the approval of findings of fact for a conditional use permit for Allan Grommesch for two curb cuts on a single family lot. Alan Brixius reviewed the findings of fact and a brief discussion was held. 88.217 Motion was made by Miller, seconded by Whittingham to recommend approval of the findings of fact for a conditional use permit fir Allan Grommesch for two curb cuts on a single family lot.. Ro11 call was taken on the motion. Ayes:. Unanimous. The .public hearing to consider the application of the City of Lakeville for the rezoning of Area P from R-7 high density residential district to R-4 single and two family residential district was opened. .The City Attorney attested that all legal notices had been duly published and mailed. Alan Brixius gave a review of the .study. and recommended the area be rezoned to R-4 single and two family residential district. Jeff Bry of Garner Avenue representing the Valley Park Home Owners Association gave a lengthy review of the objections the Association has for rezoning the area to R-4. He made several comparisons of Area P to other areas in the-study which are being considered for R-2 zoning. He stated the Association strongly feels Area P should be rezoned R-2 instead of R-4. Joyce Whittman of Franchise Avenue discussed the traffic problems on 160th Street and Cedar Avenue and stated she too feels the area should be .zoned R-2 instead of R-7 or R-4. Pat Goff of Maplewood, owner of the area in question, stated he felt he had not be treated fairly by the City. in a past proposal for. this area and that he has currently filed a lawsuit against the City. He stated he felt it was too bad that the Commission votes for the neighbors rather than on the advice of the professionals. Gail Mitchel of 163rd Street thanked the Commission members for their consideration of the area being zoned R-2. 88.218 Motion was made by Sizer, seconded by Whitehouse to close the public hearing. Roll call was taken on the. motion. Ayes: Unanimous.. • 88.21' Motion was made by Sizer, seconded by Miller t~ continue the issue for further review. 3 PLANNING COMMISSION MINUTES NOVEMBER 3, 1988 • Chairperson MacGibbon asked Commission members to express their feelings on the rezoning. Walters stated he was in favor of the R-4 zoning. MacGibbon was in agreement with Walters, Other members felt the area should be zoned R-2. Langhorst stated he felt a recommendation should be made rather than continue the issue. 88.20 Motion was made by Langhorst, seconded by Whittingham to recommend an amendment to and the approval. of the findings of fact for Area P to rezone from R-7, high density residential district to R-2 single family residential district. Roll call was taken on the motion.. Ayes: Whitehouse, Langhorst, Miller, Sizer, Whittingham, Nays: Walters, MacGibbon. Walters and MacGibbon voted nay because they felt the area should be rezoned R-4 instead of R-2. The public hearing to consider the application of the City of Lakeville fir the rezoning of Area E from R-7 high density residential district to R-1 single family residential district was opened. The City Attorney attested that all legal notices had been duly published and mailed. -Alan Brixius gave a review of the rezoning study concerning this area and recommended it be rezoned to R-1. Dan Ramber of Hugo, Minnesota, owner of a large part of the area in question was present and stated he is not in favor of the rezoning. He stated his family has owned the property for many years and has future plans for it. He stated he feels it should remain R-7. He presented to the. Chairperson a Land Trade Plan that his family had submitted to the City between 1970 and 1976. David Field of Field Financial stated he owns 136 acres of the area and requested that the zoning .remain R-7. A discussion was held among Commission members. Mr. Robinette stated the area is outside the MUSA boundary and could not be developed for anything less than l0 acres. MacGibbon, Walters, Langhorst, Whitehouse and Whittingham felt the area should remain R-7. Miller stated he felt R-4 or R-5 would be appropriate. Sizer stated he was in favor of the R-1. 88.221 Motion was made by Whittingham, seconded by Langhorst to close the public hearing. . Rolf call was taken on the motion. ,Ayes: Unanimous. 88.222 Motion was made by Langhorst, seconded by Walters to recommend that Area E remain R-7 high density residential district. 4 PLANNING COMMLSSION MINUTES NOVEMBER 3, 1988 Roll call was taken on the motion. Ayes: Whitehouse, Lang- horst, Miller, MacGibbon, Whittingham, Walters. Nay: Sizer.- Sizer voted nay because he felt the R-1 zoning allows the City greater flexibility. The public hearing to consider the application of the City of Lakeville for the rezoning of Area K from R-7 high density residential. district to R-4 single and two family district was opened. The City Attorney attested that all legal notices had been duly published and mailed. Alan Brixius gave a review of the study concerning the area, He recommended the area be rezoned to R-4, single and two family district. Arlene Weck of Bloomington, owner of the property stated she is not in favor of the rezoning to R-4. She stated she would at least prefer R-5. Daryl Morey suggested .that this matter be continued until the first meeting in December so that it could be considered in conjunction with Area L. 88.223 Motion was made by Langhorst, seconded by Walters to close the public hearing. -Roll call was taken on the motion. Ayes: Unanimous. 88.22:4 Motion was made by MacGibbon, seconded. by Miller to continue the recommendation for Area. K until the December 1 meeting for further review and to consider it along with Area L for potential R-5 zoning. Roll call was taken on the motion. Ayes: Unanimous. The findings of fact for a conditional use permit for Barbara L. Finanger for a dog kennel and a rezoning from R-1 to R-A located at 21219 Keokuk Avenue West was discussed. Daniel Cole, attorney for the Lennertz family was present. He stated he felt rezoning this area would be spot zoning-and not compatible with the surrounding area. Paul.Bonsack, attorney for the applicant was present and reminded the Commission that at a previous meeting they had already made a decision in favor of the conditional use permit and rezoning.. 88.225; Motion was made by Langhorst, seconded by Whittngham to recommend approval of the findings of fact for a conditional use permit for Barbara L. Finanger for a dog kennel and a rezoning from R-1 to R-A, located at 21219 Keokuk Avenue West. 5 PLANNING COMMISSION MINUTES NOVEMBER 3, 1988 • Roll call was taken on the motion. Ayes: Langhorst, Macgibbon, Whittingham, Walters. Nays: Whitehouse, Miller, Sizer. The reasons for the three nays were: Whitehouse: Business in a residential area. Miller: Spot Zoning. Sizer: Introduction of a commercial use. Alan Brixius gave a review. of the revised site plans for Second Season Golf facility. Sam Wunderlich and Terry Schroeder, deve hpers of the project were present along with their attorney, Glenn Nord. They presented large scale drawings of the building and dome indicating the changes that were being made. They also presented to the Commission pictures. of similar buildings which showed the type of materials to be used. A brief .discussion was held among Commission members. 88.22.(. Motion was made by MacGibb~n, seconded by Whitehouse to recommend approval of the revised site plan for Second Season Golf Center subject to the Planner`s report of October 28, 1988 and any other staff recommendations. Roll call was taken on the motion.. Ayes: Unanimous. • Chairperson MacGibbon left at 10:40 p.m. Langhorst took over as acting Chairman. The public .hearing for the consideration of a conditional use permit for Robert Swanson for outdoor rental and storage was continued from a previous meeting. Daryl Morey stated that a letter had been received from Dallas Development Co. and. permission had been given to the applicant to proceed with this application, provided certain conditions are met. .Jeff Olson, representing Robert Swanson was present, A brief discus ion was held among Commission members and staff. 88.22 Motion was made by Miller, seconded by Whitehouse to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 88.228 Motion was made by Miller, seconded by Sizer to recommend approval of a conditional use permit for Robert Swanson for outdoor rental and storage subject to the letter received from Dallas Development Co. and the Planner`s report of October 28, 1988 with the addition of recommendation number nine being on site promotional advertisements comply with the sign ordinance. Roll call was taken on the motion. Ayes: Unanimous. 6 PLANNING COMMISSION MINUTES NOVEMBER 3, 1988 Jim Robinette ave a review of the Lakevi le Commerce Center g final plat. This had been tabled from the last meeting. He stated that a letter from the Dakota County Survey Department had been received outlining their recommendations. 88.229 Motion was made by Sizer, seconded by Whittingham to recommend. approval of the final plat of Lakeville Commerce Center subject to recommendations by staff and Dakota County. Roll call was taken on the motion. Ayes: Unanimous. Motion was made by Miller, seconded by Sizer to adjourn the meeting. Voice vote was taken nn the motion. Time: 11:00 p.m. Respectfully submitted: Mira Holliday, ecording Sep retary ATTEST: iane MacGi bon, Chairperson 7