HomeMy WebLinkAbout01-17-80 CITY OF LAKEVILLE -
Planning Commission Meeting
:17 January 1980
S The meeting was called to order at 7;30 p.m. by Chairman Johnson. Roll call was
taken. Present: Geisness; Asmus; Antolik; Johnson; Rice; Enright; Harvey.'
Also present:. Si Miller., City .Building Official; Roger Knutson, City Attorney;
LeRoy Nyhus, C ty Engineer..
80.12 Motion was mad by Harvey, seconded by Asmus. to approve the minutes of the
3January 1980. tanning Commission meeting.
Roll call was tak non the. motion. Ayes: Unanimous
-Chairman Johns n opened the public hearing on the application of Speedy Market
for the rezoning f Outlot B in Donnay's Valley Park 5th Addition at the southeast
,quadrant of the i tersection of Dodd Boulevard and Flagstaff Avenue from R-1C to
B-2. Mr. Knuts n attested to the legality of the fiearing. Mr. Carl Schroeder,
President of Spe dy Markets advised that his attorney was not as yet present. The
Chairman postpo d the heo~ing until the arrival of the Speedy Market attorney.
Mr. David Licht City Planner arrived at the meeting at 7;35 p.m. Choirman Johnson
opened the publi hearing on the application by Michael Gannon for a conditional use
permit to operat a pizza restaurant with drive-through facility on his property at the
intersection of H lyoke Avenue and 210th Street. Mr. Knutson attested to the validity
of the .hearing, r. Gannon reviewed his request and explained the operation.
Mr. Gonnon the commented on the City Planner's report and recommendations dated
14 January 1980 He stated his opposition to the proposed hours of operation and
suggested that h wished the drive-through wirxlow}o be open from 11:00 a.m, to
11:00 p.m. He Iso submitted a revised parking plan suggesting the used car sales
.parking along th east border of the commercial area. Other modifications were
shown reducing t e availability of parking from the previous 21 spaces to 14 spaces.
Mr. Licht advise that the ordinance requirement was a minimum of 1$ spaces.
Mr. Gannon sug ested several alternatives for expansion. Mr. Asmus questioned the
effectiveness of he proposed screening. plan, with. special concern for its ability
to reduce noise. Mr. Licht advised that not having seen the proposal prior to the
meeting. that he ould not comment.. Mr. Nyhus concurred with Mr. Licht's position.
Mr. Gannon stat he .wished }o proceed with construction as soon as possible. The
Commission ques Toned whether beer would be served intherestaurant and Mr. Gannon
stated that it wa his intent to make an application for such service. Mr. Knutson
was asked if the ity's ordinance. prohibited alcohol within such close proximity to a
church or school Based upon a quick review of the City code, Mr, Knutson stated
that he could fi no limitations governing such a concern: Mr. Asmus stated that.
he believed ther was a need for sidewalks on the periphery of the site. Mr. Geisness
asked if the driv -up wirxlow could be relocated to any other spot. Mr. Gannon stated
that no other alt rnative existed.
80.13 Motion was made by Asmus, seconded by Enright, that in view of_numerous unresolved
questions that th application of Mike Gannon for a conditional use permit to operate
a pizza. restauran business on Lots 1, 2, 3 and the south 20 feet of Lot 4, Block 2;
at the northeost orner of Holyoke Avenue and 210th Street; and to .operate an outside
outo sales busine s on lots 17 and 18, Block 2, Fairfield Addition on .the north side of
210th Street bet een Holyoke. Avenue and Holt Avenue be continued until the :next
Planning Commis ion meeting.
Roll call was tak non the motion. Ayes: Unanimous
Mr. Gannon was advised that the next~Planning Commission meeting-was on 7 February 1:980.
CITY OF LAKEVILLE
Planning Commission Meeting
17 January 1980
The Chairman reopened the hearing on the Speedy Market rezoning request. Mr.
Schroeder advised that his counsel, Mr. Rollin Crowfond was now present and would
make several statements in regard to the request. Mr. Crawford stated that there.
were unique and special circumstances involved in this request. Since the early T970's
the zoning map has been published and republished, erroneously showing the property
in question as 6-4 because of a City staff error on the map.. He further stated that the -
application now. be fore the City was for B-2 zoning which is a less interne use district
than the B-4. Mr. Crawford then stated that there were three reasorn for rezoning
the property. First, the rezoning should be done for fairness and equity. The present
as well as past purchasers of the land have assumed it to be B-4 based upon the zoning
map and statements from City staff. It is recognized that the 8-4 zoning application
was amix-up, but the Planning Commission and Council should correct this as people
have relied on the zoning map since 1972. The second reoson justifyingthe rezoning.
are planning considerations. Mr. Crawford questioned the .City Planner's report
dated 14 January, for professional advise on the matter he has consulted Don Wiskey
of Barton Aschman and Associates as to his review of the rezoning question and he
was present to speak on the matter. Mr. Wiskey stated there were .four considerations
to take into account. One is the location which is served by major streets which is
beneficial . Also, it is conveniently located for quick trips and as a result gas can
be saved. A second factor. is intensity of the proposed use. Speedy Markets pre
neighborhood. oriented convenience centers which fit well into and service low density
neighborhoods. A third consideration is the suggested site. tt is on the "edge" of
the neighborhood and site designs have oriented the operation away from housing.
Traffic additionally, would not impact the residential use surrounding due to the site
and its design. A fourth factor is pedestrian safety. The most recent Dakota County
Transportation Plon in which Mr. Wiskey was involved, called for o de-emphasis of
diagonal routes such as Dodd. Boulevard. Pedestrian safety for. crossing Dodd should
therefore be improved.. Mr. Crawford then stated his third reoson for the rezoning was
legal. While he did not want to dwell on this point, he stated that his client had relied
on advise and guidance from the City staff and a resulting injured party has legal recourse
for compensation. Mr. Doug Ruggaford questioned Mr. Wiskey on the loss of residential
property values because of the proposed development. Mr. Wilkey stated if developed
properly as he believed the Speedy Market plans reflected, no .reduction in property values
would be incurred. Mr. Geisness quesionted if facts were available to evaluate the
property value impact. Mr. Rugaaford suggested common stnse indicated a loss.
Mr. Schroeder stated he had no fa~as available at this time. Mr. Crawford suggested
the impact of Signal Hills Shopping Center in West St. Paul was a very positive-
development for increased real estate value. Ms. Jean Meyer, 6580 168th Street,.
stated she felt that there. would be tresspassing through private yards and vandalism.
Ms. Karen Anderson, 6615 Lower 169th Street west, stated similar toncerrn. Mr. Harlow
Fritz, 16656 Flcgstaff Avenue stated his personal experience indicated such development
would decrease residential property values. Another problem would be litter throughout
the neighborhood. Ms. Cindy Roaf, 6590 lower 169th Street West, expressed the
Speedy f/larket operation would be similar to the Tom Thumb store already existing in
the neighborhood. Policing would be a major problem and valves of property would
be reduced .
80.14 Motion was made by Harvey, seconded by Rice to dose the public hearing on the
Speedy Market rezoning request.
Roll call was taken on the motion: Ayes: Unanimous.
Mr. Geisnessstated that the questions were not clear cut: The owners, neighborhood
and City all have interests ord concerns.. If there is a problem in this situation, should
the neighborhood pay because of o possible error by the City staff.
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CItY OF LAKEVILLE
Planning Commission Meeting
• 17 January 1980
80.15 Motion was mad by Geisness, seconded by Asmus to recommend to the City Council
to deny the application of Speedy Market to rezone outlot B in Donnay°s Valley Pork
Sth Addition at he southwest corner of Dodd Rood and Flogstaff Avenue from R-1C
single .family to B 2 Neighborhood Business District, bused upon concerns expressed
during the publi hearing and the City Planner's report dated 14 January 19$0.
Rol! call wos to en an the motion. Ayes: Unanimous.
Mr. Schroeder. as advised that the matter would. come before the City Council at their
meeting on 4 Fe ruary 1980.
The Chairman o ened the public hearing on the application by Northland Mortgage for:
the preliminary lot of Foxborough and the rezoning of certain parcels within-the plat
from R-1C to R- to permit duplex development. Mr. Knutson advised that the hearings ;
has been proper! odvertised. Mr. Licht explained the request and the reasons for his
recommendatia as expressed in his report dated 14 January 1980.. Mr._Ron Helmers
of Northland a Mr. Bruce Patterson of Suburban Engineering representing the applicant,
explained and c mmented on further details including the 170th Street alignment with
Cedar and the w eking with Whitney Land Company on a land trade to insure a proper
intersection. M .Richard Carlsberg, Garseaway, stated he was a rental property owner
in the Cedar Hi hlarcls development and that the proposed duplexes would increase
the current problem of vacant rental units. He submitted a letter which was offically
received. by the hairmon from Mr. arxl.Mrs. Donald McKery who also own rental
property in Ced r Highlands and .who were opposed to the rezoning to R-2. Mr. Geisness-
• questioned staff s fio the impact of the plat on service and school costs. It was stated
by staff that no pecial impact was expected to be created by th is one separate project.
Mr. Geisness qu stioned the applicant on architectural controls. The applicant's
representatives s ated that there would be basic, but limited, protections either through-
private ogreeme is or City codes. Mr. Geisness stated he felt the. City was not
obligated to app ove any development without fully evaluating its impact. Mr. Asmus
questioned staff n the advisability of the zoning pattern suggested . Mr. Licht responded
that there were vantages to the scattering which was proposed.
80.16 Motion was. mod by Harvey, seconded by Enright to close the public hearing.
.Roll call was to non the motion. Ayes: Unamious.
Enright questio d whether uncertainty of the redesign of the northern tier of lotsns
a result of creating park access was a problem. Mr, Paterson stated density would
remain the same r possibly one unit would be lost. Mr. Licht stated that a park ;
.master plan was equired prior to determination of proper park access and resultirg-
site and lot desi nand that the applicant was deserving of some assurance as to the
acceptability of his proposal prior to expending further time and effort.
80.17 Motion was mod by Enright, seconded by Rice #o recommerxl to the City Council
the approval of he applications for Northland Mor#goge Company for c preliminary
plat known as F borough Addition located on the west side of Cedar Avenue
approximately o -half mile south of Dodd Rood; and on the rezoning of specific lots
within the plat om R-1C single family to R-2 two family residence based upon the
considerations a contingent upon the stipulations.expressed nthe City Planner's
report doted 14 anuary 1980.
Roll call was tak non the motion. Ayes: Unanimous.
• The applicants re advised the motterwould be considered by the City Council on
4 February 1980
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CITY OF LAKEVILLE
Planning Commission Meeting
17 January 1980 t
The Chairmon opened consideration of the final plot of Viking Squore. Mr. Glenn
Nord was present to represent the applicant ord responded to several questions from
the Commission.
80.18 Motion was made by Asmus, seconded by Geiness to recommend to the City Council
to approve the final plaf of the Viking Square Addition from Felix Tillges, located
near the northwest corner of Highway 50 aryl Dodd :Rood.
Roll Coll was token on the motion: Ayes: Unanimous.
Mr. Nord wos advised that the matter would come before the City Council at their
meeting on 21 January 1980. Mr. Nord questioned whether all necessary actions
had been taken by the Planning Commission on Mr. Tillges' rezoning request.
Mr. Knutson advised he would verify the matter.
Chairman Johnson opened the public hearing on the amendment to Ordinance 42
and the consideration of amendment to Ordinance 113 pertaining to the division of
dup{ex and quadraminium lots, Mr. Knutson advised that the heoring hod been
duely advertised. Mr. Johnson stated that he felt Section 4.37(2) required
clarification to more clearly indicate the availability of public sewer and water
was necessary for such development.
80.19 Motion was made by Rice, seconded by .Harvey to close the public hearing.
Rol( call was taken on the motion. Ayer. Unanimous.
80.20 Motion was made by Asmus, seconded by Enright to recommend approval of the
proposed amendment to Ordinances 42 aril 113 stated in the Planner's report
dated 15 January 1980 as modified by the Planning Commission.
Roll call was token on the motion: Ayes: Unanimous.
Mr. Licht reviewed with the Commission the possible sale of the present City Hall-
Fire Station One to Despatch tndustries and the relocation of the facilities using a
development district and tax increment project.
Mr. Antolik expressed his concern o.er modu{ar housing development in the City
arcJ questioned Mr. Miller on applicable restrictions.
80.21 There being no further business'to transact, Mr. Asmus moved and Mr. Harvey
seconded a motion to adjourn the meeting.
voice vote was taken on the .motion. Ayes: Unanimous
The meeting was adjourned by the Chairman at 11:10 p.m.
Respe ful submitted,
M in Geisness, S cretary
ATTEST:
Charles Johnson, Chairman ~
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