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HomeMy WebLinkAbout03-20-80 5 I / I " Clay of Lakeville, Minnesota Planning Commission Meeting 20 March 1980 The meeting was called to order at 7:30 p.m. by Chairman Johnson. Roll call. wc~s taken. Present: Geisness; Antol il~; Johnson; Asmus; Rice; Harvey. Absent: Enright. Also present: Sid Miller,City Building Official; Steve Michaud, City Park and Recrea- tion Director; Tom Scott, ity Attorney; LeRoy Nyhus, City Engineer; David Licht, City Planner. Chairman Johnson called or a review of the Planning Commission meeting minutes of b Marche 1980. i 80.42 Motion was made by Harv~y, seconded by Antolik to approve the meeting minutes of 6 March 1.980. i Roil call was taken on the motion. Ayes: Antolik; Johnson; Asmus; Rice; Harvey. Abstains Geisness, The Chairman opened the ublic hearing on the application of the City of Lakeville to rezoning Outlot B in Don y's Valley Park 5th Addition to B-1 Limited Business District, located at the southwest c rner of Dodd Road and Flagstaff Avenue . Mr. Scott advised that the hearing notice wa properly published and attested to the validity of the hearing. Mr. Carl Schroeder of Sp edy Markets, Inc. appeared and stated he was opposed. to B-1 . His company recognizes th property; as B-4, but is willing to have it reclassified to $-2. B-1 will mean he can not ~tilize the property fora convenience, locally oriented grocery and. gas service. Mr. Schroeder requested that the letter dated T4 March 1980 from Mr. Rollin Crawford, Spe y Markets, Inc .'s attorney be entered into the recorcl'. Mr. Licht then provided a visu (presentation-and summary'of his company's report dated 13 March 1980 outlining the evelopment analysis of the site and. the recommendation for B-1 zoning of the property. Mr. Larry Sisks, 16701. Flagstaff, appeared and stated the citizens were opposed to c mmercial zoning on the basis of pedestrian safety, the problems with noise and Ii hting which would be created and the reduction in property values which would occur -His .position is that the land should stay single family. Ms. Sue Morgan, .6600 16 th Street North, appeared and stated her opposition to a convenience grocery and as station.. Ms. Jane Meyer, 6580 168th Street North, spoke in favor of a B-1 zo ing designation. Ms. Roxanne Stender, 16840 Florin,. addressed the Commission n opposition to a high intense use of the site in question. Mr. Schroeder again state his company's opposition to the B-1 zoning and his dis- appointment in the City c nsidering this action. 0.43 Motion was made by Harv y, seconded by Asmus, to close the public hearing. Roll call was taken on the motion. Ayes:. Unanimous. r City of Lakeville, Minnesota Planning Commission Meeting 20 March 1980 Mr. Asmus stated his simpathy' for Speedy Markets and the seriousness of the situation. He stated, however, the residents must be considered and safety is a major concern. The best utilization of the site is B-l, as it is fairest to all . Mr. Johnson concurred with Mr. Asmus' statement. Mr. Geisn~ss questioned if day care centers were auto- matically allowed in a B-1 District which could possibly create a juvenille #raffic problem.... Mr. Licht advised that all day care centers in the revised zoning ordinance would be handled as a conditional- use with the exception of those classified as single family operations and automatically permitted by state legislation.. 80.44 Motion was made by Harvey, seconded by Asmus to recommend to the City Counci the rezoning of Outlot B in Donnay's Valley Park 5th Addition to B-1 .Limited Business District, located at the southwest corner. of Dodd Road and Flagstaff Avenue based upon the planner's report and recommends#ions dated 13 March 1980 and because of the Commission's determination that it was the best and safest use of the property. Roll call was taken on the motion. Ayes: Unanimous The audience was advised that the matter would be considered by the City Council at their 7 April 1980 meeting. Chairman. Johnson opened the public hearing on the application of Fortune Realty, Inc. fora .Planned Unit Development known as Lakeway .Park, (orated on approximately 47 acres of land located north of 188th Street, west of Highway 50 and `east of the Minneapolis, Northfield Railroad. Mr. Scott advised the Commission that the- hearing had. been properly advertised. Mr. J-. Byron Watschke,_ President of Fortune Realty presented a statement on the background of the project.. Mr. Carl Dale, planning consultant for the applicant, then provided a slide presentation and summary of the development, including site, as well. as building design concepts.. He indicated the applicant°s interest to possibly start road construction this year. Ms. Sue Renelt, 18801 Joplin, addressed the Commission on the concern of traffic congestion and problems that would be created for the neighborhood by the project. Mr. Terry M. Zeien, 18867 Orchard Trail., stated that his land has increased drainage problems .due to the Lake Ridge development and that the.. project would further compound the problem. He also questioned the sizing of the sewer Tines and pumping station serving the area. Mr. Nyhus stated that increase runoff generated by development would be handled through ponding, primarily on the spplicant's,property. He also advised that the sewer and pumping station. were adequate. Pam Foley, 18836 Joplin spoke in opposition to the proposed .project. Kelly Wilske, 18820 Joplin indicated her concerns for problems anticipated to be generated by the development. Mr. Mike Murphy, 18801 Jordan Trail advised that the closing of 188th Street would lessen emergency service to the .area aril that there are traffic problems with all entrances to the Lake Ridge area. Mr. Dwight Weniger, 18772 Joplin, also stated his concerns over traffic access to Highway 50. 2 . • City of Lakeville, Minnesota Planning Commission Meeting 20 Marche 1980 He also questioned what he possible impact would be on fhe schools, as classroom space is becoming Limite A final concern .was the possibility of singles and young adults in the apartments, which would mean lack of maintenance and drug problems. He stated that there was r~o need for the convenience retail operation and that it was his position the whole area s ould stay residential . Bonnie Anderson,l$774 Jordan Trail, also questioned maintena ce of the property and whether a traffic signal was planned for highway 50 and 185th St eet . Mr . Nyhus responded that a light :was programmed for the intersection. Mr. G eg Grinois, 18773 Jordan Trail, stated that he area'should"stay single family and that if the developer over-invested in the property, it should not be the City's concern. Mr.IDanFischer, 18904JordanTrail, stated his concerns with the traffic problems which would occur. i 80.45 Motion was made by Gei mess, seconded by Rice#o continue the public hearing to the Commission's 3 April 198 meeting. Roll call was taken on the motion. Ayes: Unanimous. The Chairman opened they public hearing on the application of Faith Lutheran. Church for a conditional use permit #o build a new church facility at 16711 Cedar Avenue' South, north of the Aquarius Swimming Pool .facility. Mr. Scott attested to the validety of the hearing. Reverend Trued of Faith Lutheran Church appeared before. the Commission along with representatives of B~ Architects and described the project to be undertaken. The Chairman asked if there ~?as .any comment ..from members of the audience . No response. was received. I~ i 80.4b Motion was made by Rice,.secanded by Geisness to close the public hearing. Roll call was taken on th~ motion. Ayes: Unanimous. 80.47 Motion was made by Asm s, seconded by Rice to recommend to the City Council :approval of the application of Fait Lutheran Church for a conditional use permit. to build a new. church facility at 16711 edar Avenue South, north of the Aquarius Swimming Pool facility subject to-the co itions setforth in the Gity Planner's and City Engineer's recommendations and rep~rts. Roll call was taken on th motion. Ayes: Unanimous. The applicant was advise that the matter would be considered by the City Council at their meefii ng on 7 Apri l 14$0 . i ~ 3 City of Lakeville, Minnesota .Planning Commission Meeting 20 March 1980 The Chairman opened the public hearing on the application of Schmitty & Sons, Inc. for a corclitional use permit to build a bus storage facility at 21116 Holyoke Avenue West. Mr. Scott stated that the hearing had been duly published. The applicant appeared before the Commission and presented building and site plans. - Mr. Pat frank an adjoin- ing property owner, advised the Commission on his'concems with the drainage. impact the development might create for his property. 80.48 Motion was made by Asmus, seconded by Antolik to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous. 80.49 Motion was made by Harvey, seconded by Rice to recommend to the City Council the approval of the application of Schmitty 8~ Sons, Inc.- for a conditional use permit to build a bus storage facility at 21116 Holyoke Avenue West subject to the City Engineer's review of the project drainage plans with special attention given to Mr. Frank°s property to the north . Roll call was taken on the motion. Ayes: Unanimous. 80.50 Motion was' made by Harvey, seconded by Johnson to extend the meeting beyond the 10:30 p.m. closing. Roll call was taken on the motion. Ayes: Antolik; Johnson; Harvey. Hayes: Asmus-, Rice; Geisness. The Chairman advised that the meei'ing would proceed to accommodate those still waiting to be heard . Mr. Licht stated that Mr. Bill Traiser had contacted Mr: McGarvey and requested that his application be removed, from the agenda based upon the poor financing situation being faced by his project. Chairman Johnson reopened the continued public hearing on the application by Robert Layeux for a conditional use permit and variance to build a new house at 12226 175th Street West. Mr. Licht advised the Commission of his review of the request and the problems of development in the area. Mr. Layeux appeared before the Commission and' stated his concurrence with Mr. Licht's report and recommendations. 80.51 Motion was made by Harvey, seconded by Asmus to close the public hearing. Roll call was taken on the motion. Ayes: Unanimous.. 4 i _ o . City of Lakeville, Minnesota Planning Commission Meeting 20 March 1980 80.52 Motion was made by Asm~, seconded by Rice to recommend to the City Council the denial of the application y RobertLayeux for a conditional use permit and variances to build a new house at 1~22b 175th Street. West based upon the factors expressed in the City Planner's report. Roll .call was taken on th~ motion. Ayes: Unanimous. I Mr. Johnson polled the Commissioners as to-their apinion on Mr. Layeuxdeveloping the five lots o the south of t e`property just considered . A consensus was expressed that development could be ap~roved, but that it would. be subject #o questions as initially summarized in the City Planner's report. i Chairman Johnson opened discussion on the review of a sketch .plan for a future plat from George Warweg adjacent to the Minneapolis, Northfield-Railroad tracks and Trunk Highway 50. Mr. ene Jacobson presented a subdivisi®n plan for the property in question and highlighted the deve opment problems which exist in the area. Mr. • George Warweg wos also ~Ipresent and responded to questions raised by the Commission. 80.53 ~ Motion was made by Asmas, seconded by Rice, to recommend to the City. Council general acceptance of the sketch';plan for a future plat as proposed by Mr. George Warweg for. the area south. of Lakevillle High .School, adjacent to the Minneapolis, Northfield railroad tracks and State rusk Highway 50. Roll call was taken on th motion.. Ayes: Unanimous. 80.54 Motion was made by Anto~ik, seconded by Asmvs to adjourn the meeting. Voice vote was taken on the motion. Ayes: Geisness; Antolik; Johnson; Asmus; Rice. Noyes: Harvey. The Chairman adjourned i~he meeting at 11:1.0 p.m. ~ Resp c ully submitted, I ~ ` ATTEST : G~'~G~t''', ~ Marvin Geisr~ess, Secretary Charles Johnson, Chairm i 5 t I J • M • - ~ CRAWFORD & ANDERSON ?RO/L6tLlIONAI AffOCUT10N ROLUN N. CRAW?ORO 1 II,1` M $UIT! Z/-1 W[NTWORTN O/f161f CENTER S ~AURLNCL A. ANOLRfON - f! L. WLNTWORTN AVENUE ' - ~ W LST fT. ?AUI, MINNLfOTA 8611•" If~si assssfl March 14 , .1980 ,~h~617181 The Honorable Gordon Lekson, Mayor ~yp~ c%~ Members of Lakeville City Council, ~ Lakeville Planning Commission MAR 1`80 N 8830 West 207th Street = RECEIVEp N Lakevi I le , Minnesota 55044 Q, QTY QF< ~ ~AKEVILLE Re: Speedy Markets v. 'City "of Lakeville r9 .LQ, Our File No. 4266 S~~Z l"~~~~~ Public. Hearing on March 20, 1980 Gentlemen; On July 25 ,1979 Speedy Market, Inc. entered into a Purchase Agreement for Outlot "B" of Donnay's Valley Park Fifth Addition. In reliance on conversations with City staff and the representation of the City Zoning Map that the property a+as zoned B-4 for their intended use, that 'transaction was consummated and title to the land trans- ferred on September 1, 1979. -The Planning Commission has scheduled a hearing for the rezoning of the Speedy Market property to B-1. The effect of such a rezoning .would be to deny the. owner of the land the use for which it was purchased. .Because I am unable o attend the hearing, this letter is to advise you that it 3.s our opinion that the present zoning on the property is B-4, and to further advise you that the owner objects to a downzoning to B-1. The basis for the owner's objection is that it is not justified by sound planning considerations .and further that it is a detrimental spot rezoning whicfi results in a substantial taking of his property rights. We have indicated on the record previously that we would agree to a compromise downzoning to B-2 in the interest of assuring the neighboring ret~idents that some of'the more intense uses they fear in the present B-4 zone would. not be constructed. Based upon a review of the matter by our planning consultant, it would appear that there are several-planning considerations in this mattar~.The small trian~l~e, of land located in the southwest corner of Dodd mad and Flagstaff has. clearly been intended for commercial use: t'. ,ti ' - ` . ~ FACT: The parlcel receives ~.ccess only from the ad,~oining arterial/collector streets while all other .development in the area receiving direct access~,jfrom,an.,internal residential street system. _ , ~fi ~ . • I 4,e+; . March 14, 1980 Pase 2 ~ FACT: The parcel ha~ been platted as an outlot with covenant provi-. lions applyin to its-non-residential use:. FACT: The official omprehensive Plan of the .City singles out the parcel as zon d B-4 and .appropriate for the commercial needs of the area. The quests®n the becomes:_ Should the property be used for 8-1 office uses as now pr posed or for neighborhood retail uses as con- templated for the pas eight years? In all cases, site layout and design would orient s to traffic directly. to adjacent or arterial/collector st eets, buffer adjacent residential uses, orient park ng away from res dential areas, and control lighting. Visualizing the t~roader impact of site.development requires looking into the .future when: a, Farm fields w~.ll be residential home sites placing a signifi- cant population south of Dodd Road.; b. Ditches will.~e fulled in, curt~s andguttersinstalled, and traffic signa~.s assigning right-of-way at intersections will be providing educed speeds and changing operating conditions; c. Fu11 service neighborhoods will be developed to reduce travel and energy...co~sumption. Favoring neighbo$~hood convenience commercial uses of over area- wide office uses is supported by `a number of important factors; 1. The site: rece'ves automobile access directly. from adjacent arterialjcollietor streets., addsng no traffic to residential streets. 2. The comprehensive plan recommends retail uses far the site. 3. The site is s all and irregularly shaped,. limiting its use to neighborhood ow intensity uses such as the Speedy Market. . ~ 4. All uses in t e compromise B-2 z,~n,~ area limlaed intercity, neighborhood riented uses. Curled with tti~e ~size;~a~id 'con- figuration of the site, high intensity uses cannot be accom- modated on th sine assuring iimi~ts 'to future expansio'"ri'. 5 Nei~ghbork~ood ~ ommercial uses attract 60-~75~ of their customers as part of other purpose trips thereby reducing traffic • h~1? ~ . y March 14, 1980 i Page 3 generation. Office uses.: are usually destin~a.tion trips adding directly to traffic-volumes. 6. Office uses .serve a broader market foreclosing the use of the uses to support existing; and future neighborhood residents. ? . The feasit~ility of the site for office use is highly questionable.,. Suburban small scale offices are typically 10,000 square feet on each of two levels requiring 80-parking spaces. This scale. cannot be accommodated on this site. Smaller-scale office, if it can be developed, pt^ovides limited or no service to the neighborhood while attracting outside traffic-into the area. 8. Existing B-4 zoning permits retail uses on the site.. 9. Pedestrian safety will continue as a potential problem until each corner of each intersection has similar commercial uses to prevent pedestrian street crossings. In this case, most pedestrians in the future will come from the south. Crossing of Dodd and Flagstaff staould be protected through signing and eventually signalization as traffic increases. In the interim • good sight distance exists at the .intersection facilitating pedestrian and auto identification. 10. The adjacent roadway systems have ample capacity to serve the development. T.he question,. then, is not whether or not this site should be "commercial" but whether or not the site should be "neighborhood-serving .commercial". The site's location, size, access, anal siting along with anticipated residential development are compelling factors supporting continuation of zoning permitting neighborhood retail development.. The proposed use or any use in B-2 is low intensity and cannot be extensively expanded due to lot configuration and adjacent development. ArterialJcollector .roads are meant to serve traffic generators. To eliminate pedestrian traffic crossing streets to schools, stores and parks requires that these facilities be provided in every block or nowhere. Moving a store to a less desirable location to eli- minate pedestrian traffic through yards merely moves the problem to another neighbor's back yard. If the site is appropriate as this one is, then efforts should be concentrated on developing a pedestrian system to serve the zones. The crossing of Dodd Road and Flagstaff, due to level terrain and good sight distances. can make excellent crossing locations. A4? March 14, 1980 ~e 4 ~ The site is propelr and city controls are adequate to assure com- patible site design tq~ enable the City to retain neighborhood retail commercial zoning.. From a le al sta d oint, Speedy Market, Inc. takes the position that its reliance upo the City Comprehensive Plan, City Zoning ltap, and City Staff statem nts and reports have resulted in substantial damages already. Mor over, Speedy Market takes the position that under the circumstanees of this case a rezoning by the City which would disallow the use proposed by the owner is prevented by the doctrine of estoppel ~nd in addition that the taking of property rights which would re ult in the City of Lakeville being required to respond in compensation for damages. -Once a6ain, Speedy Market would consider a rezoning t B-2 as a fair and ,just compromise under the circumstances. It is our hope that this matter comes to an amicable resolution. ' ~ Very truly yours, CRAWFORD & ANDERSON PROF SIONAL ASSOCIATION ,r Rollin H. Crawford RHG/df cc: Mr. Roger Knutsonj, pity Attorney i r ; x~ s r. 'I' ,x i ' _ j. ? i i