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HomeMy WebLinkAbout10-07-82 . Lakeville, Minnesota Planning Commission Meeting October 7, 1982. Patrick Harvey, Chairman, called the meeting to .order at 7:30 p.m. in the Lakeville .City .Council Chambers. Roll call of members was taken. Present: Geisness, Heald, D. Miller, . Harvey, Johnson, Grohoski, Rice. Also present: Sid'.. Miller, Building Inspector:; Roger Knutson, Attorney; David Licht, City Planner; Jim Robinette, Public Works Director; Nancy Enright, Gouncilperson; Bob Nelson, Councilman; Shirley Sorensen, Recording Secretary.. 82.149 Motion was made by Rice, seconded by Grohoski, to approve the minutes of the September 16, 1982 Planning Commission Meeting. Roll call.was taken on the motion. .Ayes: .Heald, Harvey, Grohoski, Rice. Abstain: Geisness, D. Miller, Johnson. 82.150 Motion was made by Rice, seconded by Grohoski, to approve the minutes of the Special Planning Commission meeting held on September 30, 1982. Roil call'was taken on the motion. Ayes: D. Miller,: Harvey, Johnson, f Grohoski, Race. Abstain: Heald, Geisness. Chairman Harvey opened the continued public hearing on the applications of Margaret Barrett for a preliminary plat of a 55 acre ..parcel of property north of 175th Street and west of Ipava Avenue adjacent to the Christin~:Huddleston Elementary School property; and to rezone a portion of the lots from R-2, single family, to R-4, single and two family residence, and R-5, single fam- ily, two family and medium density residential district. Mr. Dave Licht stated that he had contacted the Lakeville Police Chief., regarding the poten- tial traffic problem, and had received a letter from him saying that, as in the past, if the need arises for more manpower, the need is met. Mr.'-Licht had also contacted .the School District regarding additional students generated by he new development and as of this date has not heard from them. Mr. Harvey read a letter from Mr. Licht to Mr. Dave Owen, representing Mrs:.. Barrett, regarding reconsideration of the rezoning and reviewing public's comments and a letter from Mr. Owen to Mr. McGarvey asking that the public hearing be tabled until the November 4th meeting due to other commitments. Mr. Mike Harris, 17570 Italy Path, asked what would have happened if the developer were here and the public wasn't. What then? Mr. Harris gave some of the reasons they are. against the rezoning and Mr. Harvey reiterated that anyone has the right to request rezoning of .property.. Mr. Gary Mitchell, 9961 176th Circle, asked if the plan were .turned down, could the developer come in with a new plan then, and was told "yes". He also mentioned that we live in a democracy and everyone gets to vote, also, that certain things would be taken care of by the City. Mr. Knutson .stated that the developer. pays most of the costs.. Mr. Mitchell asked about up-front money and who pays most of it. He feels that this rezoning will cost the City some dollars... -1,- Lakeville, Minnesota Planning Commission Meeting October. 7, 1982 Mr. Harris asked again about the reason for the developer not being here, stating that probably many,of the people here tonight had other. commitments they had to forego in order to come to this hearing, Mr. Mel Lehman, 17576 Ixonia Avenue, asked that the commission recommend denial of this request for rezoning tonight: He mentioned owner-occupied residences and stated • that he is adamently opposed to multiple dwelling, doubles, quads, etc. He said that the average lot in Dakota Heights was 20,000 sq. ft, and that the proposed Barrett Addition .lots are approximately 6500 sq. ft. less than that and was concerned about density with the smaller lots... He is also worried about the traffic and asked if there was a park planned in the new develop- ment, which is usually a stipulation in Lakeville, their long range. plan or comprehensive study. Mr. Grohoski read from the Park and Rec Committee meeting minutes, but no decision has been made yet as to land or fees dedicated to the City. Darlene Pickell, 17580 Isleton Avenue, felt that the new Huddleston School cannot. handle any more students and after they have just gotten 6th grade.. back in the elementary school. Michelle Nelson, 17411 Java Ct., stated that they have information regarding the amount of students that the Huddleston School can handle, not too many more than they now have. Connie DeBuhr, Dakota Heights, asked if it wouldn't be possible to make our recommendation tonight (motion) and if they couldn't have been notified about the postpone- menu. She wondered also about requesting controls being set, and enforcement of controls. Mr. Harvey mentioned development agreements and the City does try to protect the citizenry, individually and as a body. Mr. Robinette. stated that the Natural Resources Committee has gone over the land themselves.,.. also the Minn. Conservation District, but found there were no environmental reasons for disproval of this plat. Sack Holt, 17860 Iten Ct. So., stated that he would like to suggest that we should charge that if Barrett's are not at this meeting,. they should have to drop their request. Mr. Holt went on to say if there is a motion made to, recommend approval, that there will be a legal step taken and an injunction pursued .against this rezoning. He said if this happened he would be willing to pay the fees himself, that is how adamently he opposes this rezoning. Mr. Harvey stated that we have to deal with the legal aspects of every plat. Mr. Mitchell asked how many plats are in Lakeville already zoned for medium density, multiple dwelling, feels we have enough now, that there is no system to it, need. some .sort of catalyst. Mr. Robinette talked about what is being done at I35 and 50, they are working with the Minn. Highway :Dept.., regarding funding, and also stated that there is now a sketch plan. Mr. Arlyn Lamb, 175:40 Italy Path, said he didn't think anyone in the area would have voted for the new school had `they any idea the area around it would have been re- zoned for higher density dwellings. Mr. Geisness feels that the matter of more students potentially coming into the school system is not an issue that normally determines the outcome of the planning commission recommendations. The evidence presented to the planning commission should focus on other • issues. -2 - Lakeville, Minnesota . Planning Commission Meeting October 7, 1982 Mrs. Ellingson, 17605 Italy Court, thinks Lakeville has poor planning and really feels what is proposed to go in this area could. be a real headache down the road. Mr. Grohoski stated that if there is a violation of protective covenants it can be taken to court. Mrs. Pickell asked what factors the commission considers at the time. they. make their decision, Mr. Harvey stated. it was public .health, welfare and safety, and that the commission is concerned about density and compatibility in the neighborhood. ,7im Strande, 17565 Italy Path, questioned why the developer wanted. to change the zoning.. Mike Pickell, 17580 Isleton, asked what-they can do to indicate. the depth of how they feel about this, the strong objection they have - just what can they do? When there is a request for change, there are con- cerns from the community, must they negate them any time the developer. comes in with this type of request? Mr. Bob Nelson, Councilman, stated how he feels about living. in Dakota Heights and that the landowner has a right to request any. rezoning he wishes, He-said that the citiznes do have an input at all the meetngs_and he asked' that the citizens call the council members when they do have- concerns, or any time, that this is how they keep in touch and find out what is going on in our City. Mr. Geisness stated that we have to use our Comprehensive Plan (Policy Plan/ Development; Framework) as a guide to our decisions and read a list of some. of the goals we should be going for, to preserve and maintain .the character of our neighborhoods. Policies and objectives from that plan that ..seem to be pertinent are: 1. Enhance sense of community 2. Orderly .growth 3. Encourage creative subdivision 4. Ensure compatibility of land uses 5. Prevent over-intensification of use of land 6. Preserve and protect property values 7. Maintain strength of character of individual neighborhoods 8. Provide sound industrial base for.City 9. .Preserve. and maintain. the character of residential neighbor- hoods, attempt to package a parcel with maximum economic value l0. Protect low density neighborhoods from higher density encroachment 11. Existing undeveloped land shall be developed in a manner compatible to surrounding development Audience applauded, and Mr. Geisness went on to say he felt they (Barretts) have had the chance to be here and we should act on this tonight, without their (Barretts) being here because the issue is that of zoning and that • there has been ample evidence presented to decide that issue. Mr. Terry. Pattie, 10082 175th St., stated that the issue is not whether or not the dweloper is here, and we should be able to act on it, because of the guide- Lakeville, Minnesota Planning Commission Meeting October 7, 1982. lines Mr. Geisness read. Mr. Geisness feels we have a lack of coordination of committees, reports, etc. Mr. Grohoski agrees that it is not fair to` the public when the developer. does not show up, that.. ample time should have been given to notify the public, publishing the agenda in the paper, and that the developer should pay for the need for another public notice. He feels we need better control over postponement or continuing a public hearing without. proper notice, particularly because of the inconvenience to the public. The City staff is requested to let City Council or Planning Commission know if there is a continuance and have developer pay the added expense of another publication. 82.151 Motion was made by Grohoski, seconded by D. Miller, to continue this public hearing until the November 4th, 1982 Planning Commission meeting. Roll call was taken on the motion. Ayes: Heald., D. Miller., Harvey, Johnson, Grohoski. Nays:.. Geisness, Rice. Mr. Geisness' nay was because he feels that we .should. have closed the public hearing and gotten on with the issue at hand and not delayed any further and not wait for what the developer was going to bring back, that there is enough information already before us, since it is a request for rezoning that is the main issue. Mr. Rice's nay was for the same reason as Mr. Geisness', but alsothat'hewould not go along with the R-5 zoning anyway. Mrs. DeBuhr would like a copy of the guidelines. The commission members want to again remind the Council that the developer must ask for postponement in time to get necessary notice in the paper, so the .public will. be aware. We are asking that staff look -into how we should handle this issue, Chairman Harvey opened the continued public hearing on the applications of J. Brooks Hauser/Scott Builders, 'Inc. for a conditional use permit for: gasoline facilities with a convenience store at the southeast corner of Cedar Avenue and County Road No. 46; and for a preliminary plat of Outlot A and B, Donnay's Valley Park Addition. 82.152 Motion was made by Rice,`seconded by Johnson; to continue the public hearing on the applications of J. Brooks Hauser/Scott Builders, Inc. until the Navember_4, 1982. meeting. Roll call was taken on the motion. Ayes:. Unanimous Chairman. Harvey opened the public hearing on the application of Darrell Gonyea and John Houston for a conditional use permit to allow one billboard sign in an ICD, Interstate Corridor District, zoning area east of I-35 and north of_Minnreg Road.` Mr. Knutson attested to .this. being a duly publicized hearing. Mr. Gonyea explained that they are taking off three billboards and putting up one, but maybe .now have decided to change some lot lines and . re-plat Acorn Heights plat instead. Commission decided to have the review of a sketch plan for a're-plat of the Acorn Heights plat, located on the east side'of I-35 and north of Minnreg Road before the public hearing on the billboard change. -4- Lakeville, Minnesota • Planning Commission Meeting October 7, 1982 Mr. Robinette explained that all of the information has not been presented, so in-depth study would have to be delayed, but he also said that the org- inal plat was done haphazardly and they have .attempted to do much better in their replattng. Mrs. Ella Foulkrod, who lives :north of the plat, stated that she was in favor of development in this Acorn Heights Addition. . Chairman Harvey asked for the feelings of the commission members and they all feel it has potential when they submit a replat of the area, upgrading the original plat. Mr. Grohoski mentioned .that there should be only 13 buildable lots, same as the plat-now has and no more, and he is comfortable with it. Mr. Rice agrees about the billboards being xeplaced and would. like to getrid of the ICD also. Mr: Gonyea would like to withdraw his request for the billboard sign, at this time. 82,153 Motion was made by Rice, seconded by D. Miller, to close the public .hearing. Ro11 call was taken on the motion. Ayes: Unanimous Chairman Harvey asked for comments of the proposed ordinance amending Title 10, Chapter 1, of the City of Lakeville Code pertaining to subdivisions and Mr. Knutson stated that this is a change to be able to adjust lot lines within a plot. The planning commission should be advised of any administra- tive subdivisions .being made. Discussion followed. 82.154 Motion was made by Grohoski, seconded by Heald, to recom¢nend to the City Council adoption of the proposed ordinance amending Title l0, Chapter 1, of the City of Lakeville Code pertaining to subdivisions, provided that an accountability of the number and location of administrative subdivisions is provided to the Planning Commission and City Council quarterly or semi- annually,, Roll call was taken on the motion. Ayes: Geisness, Heald,. D. Miller, Harvey, Johnson, Grohoski. Nays: Rice Mr. Rice's nay vote was because he does not think this information needs to be reported. . Chairman Harvey thanked the council members for the support they gave the commission on Monday night at the council meeting, namely, Mr. Bob Nelson, Mrs. Nancy Enright and Mrs. Betty Sindt. Future agenda items: 1. Rezoning of Jack Young's parcel west of I-35 2. Kloster .tower for wind generating 3, Valley Christian Church, southwest corner of County Road 46 and Foliage. 4. Joda, Inca -.Acorn Heights Development -5- :Lakeville, Minnesota Planning Commission. Meeting October 7, 1982 Motion was made by Rice to adjourn the meeting. Voice vote was taken on the motion. • Chairman .Harvey adjourned the meeting at 10:20 p.m. Respe fully submitted, rvin Geisness, Secretary ATTEST: Patr k Harvey, Chairman a