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HomeMy WebLinkAbout04/05/1995CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES April 5, 1995 I. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order at 7:05 p.m. by Chairman Alan Felkner. Members Present: Alan Felkner, Paul Oberg, Marcia Gowling, Frank Blundetto, Diane Nagler, Karen Edgeton and Daue Swanson. Members Absent: None. Staff Present: Rick Kelley, Torn Lovelace, Keith Gordon and Mike Dougherty. Others Present: See the sign-in sheet. Before moving on to the rest of the agenda's business, Chair Alan Felkner welcomed the newest Commissioner, Dave Swanson. 2. APPROVAL OF AGENDA Chair Felkner asked Staff and the Commission members if they had any proposed changes to the agenda. There being none, he called for its approval. MOTION: Member Gowling moved, seconded by Member Blundetto, to approve the draft agenda as submitted. The motion carried 7-0. 3. APPROVAL OF MARCH 15,1995 MINUTES Chair Felkner asked Staff and the. Commission members if they had any changes to the draft minutes submitted in the packet. It was noted that at the end of the discussion for the Hyland Pointe Townhome development proposal, the Commission had directed the developer to meet with the neighborhood to try and resolve issues with some type of revised plan. It was stated that this development proposal would not reappear on a Planning Commission agenda until the developer settles on a final plan. The minutes should be revised to reflect this direction to the developer. MOTION: Member Gowling moved, seconded by Member Blundetto, to approve the minutes as amended. The motion carried 7 - 0. 4. CONSENT ITEMS - None - Planning Commission Minutes April 5, 1995 Page 2 5. PUBLIC HEARINGS A. Landmark Corner Chair Felkner opened the public hearing with the standard remarks. Community Development Director Rick Kelley presented the item, which concerns property located on the northeast corner of Cedar Avenue and County Road 42. The property is designated on the Comprehensive Plan for Limited Business use, and it is consistently zoned under a planned unit development. There has been a great deal of discussion over the use of this vacant 2.7 acre parcel for a hotel or combination hotel/restaurant complex, including banquet facilities and/or meeting room facilities. In order to allow a hotel use the planned development would have to be amended to speeifiaally allow the hotels. A similar situation exists regarding the banquet facilities or meeting room space. The purpose of this public hearing. is to consider an amendment to the planned development. to allow both the hotel and banquet room use. Chair Felkner opened the public hearing to audience comments. There being none, he closed the hearing. There was a brief discussion among the Commissioners concerning the use of this property for a hotel and restaurant complex. Previous sentiment had been that this was an appropriate use, and there being no comment received at the hearing, Chair Felkner asked if it would be appropriate to move this item on to the City Council. Rick Kelley responded that while there was no rush to move this on; the Commission may wish to clear it from its agenda, rather than have it come back in two weeks. MOTION: Member Edgeton moved, seconded by Member Gowling, to recommend approval of a planned development amendment to allow hotels and banquet facilities/meeting rooms. The motion carried 7 - 0: 6. LAND USE/ACTION Tl'EMS A. Electrical Switching Station Assistant Planner Tom Lovelace presented this item, which is located on the south side of County Road 42 approximately 500 feet. east of the intersection of 7ohnry Cake Ridge Road. The project entails an amendment to the Comprehensive Plan, a rezoning from Sand and Gravel to Institutional, a preliminary plat to subdivide property, a conditional use permit, and a site plan building permit authorization for an electrical switching station which will be tied into the transmission lines along County Road 42. Mr. Lovelace noted that at the previous hearing there had been discussion over the heights of the berms. The berms along the north and south lines would be 7 feet in height, while the berms along the east and west sides would be only 4 feet in height, He noted that the adjacent Planning Commission Minutes April 5, 1995 Page 3 property owner had felt that a 4 foot high berm was adequate, especially given the fact that prior to construction on the adjacent vacant parcels, the landscaping will have had time to mature and offer additional screening: He stated that the discussion during the hearing concerning the building materials has led both staff and the petitioner to decide on the full brick masonry panel. Kevin Maas of Cooperative Power said that they will choose a brick color which is as close as possible to the red brick used on the Apple Valley ring route features. Commissioner Karen Edgeton had a question concerning the driveway access across the future alignment of 151st Street and Johnny Cake Ridge Road. She also questioned the comment concerning the adjacent property being used for light industrial uses. She believed that the current Comprehensive Plan designates them for some type of multifamily residential. Mr. Lovelace noted that while this is the case, there has been. a great deal of discussion for the property along County Road 42 to be designated as an industrial corridor all the way to Pilot Knob Road. A sample of the brick facing was passed among the Commissioners for their examination. Alan Felkner noted that while this is not a public hearing, he would accept any relevant comments from the audience if there is new information to be presented. Greg and Julie Aretz approached the Commission. They said that they own the Thompson Academy of Gymnastics on the north side of County Road 42, and that they had not received a mailed notice over the second public hearing. They said that they were concerned over the possible health effects of the switching station and power line on their property, as well as potential adverse impact on their property values. They asked how the switching station came to be located at its current site, as opposed to the corner of County Road 42 and .Johnny Cake, as was discussed at the first public hearing. They wanted to know if it could be moved further away. Rick Kelley responded that the Seed Dufferin Group, which is the current underlying property owner where the. switching station is proposed to be located, had requested that it be moved away from the intersection at Johnny Cake, closer to the center of their property. Kevin Maas of Cooperative Power stated that the Cooperative had acquired title to the property at the corner of Johnny Cake and County Road 42 through eminent domain proceedings, but that through the negotiations regarding the condemnation award of that acquisition, the location of the switching station had moved 500 feet to the east. This movement was because the Seed Dufferin Group preferred to have it in the center of their property, rather than at the intersection of Johnny Cake, which will be the main entrance into the future development of their property. Mr. Maas then discussed the routing of the transmission lines which serve the switching station, and which will run from the switching station up to the new substation to be constructed by Dakota Electric at 140th Street and Johnny Cake. He noted that there will be a double circuit installed along County Road 42 between Johnny Cake Ridge Road and County Road 31 (Pilot Knob Road). He said that a double circuit line actually tends to cancel out the levels of EMF, so Planning Commission Minutes April 5, 1995 Page 4 that the actual health effects, if in fact they are measurable, would be less on the Thompson Academy of Gymnastics property than the current line is imposing on it. He said by way of comparison, the EMF field generated by a refrigerator at a one foot distance is 2.7 (milligaus). The calculated EMF from a switching station such as this, at a 100 foot distance, would be 0.1 (milligaus). There was a general discussion among. the. Commissioners regarding EMF, and a question of how close the lines would be to the building of the Thompson Academy of Gymnastics. It was noted that. the distance from the switching station is slightly over 300 feet; while the distance from the power line would be about 50 feet. Commissioner Cowling asked when the existing line along County Road 42 was installed. Ed Brunkhorst of Dakota Electric stated that he was not sure of the exact date, but that it occurred sometime in the 1960's. Mr. Aretz asked if the new poles would have to be bigger to accommodate the double circuit line. Mr. Maas said that they would be slightly larger in diameter to carry the additional weight. They would be about 3 feet in diameter. Commissioner Edgeton asked if EMF levels are different inside of a building versus standing outside of a building when in relative. close proximity to a power line. Mr. Maas said that they can be different, depending upon the types of building materials used in the structure. Generally the building will reduce somewhat the level of EMF being generated from the outdoor source. Commissioner Edgeton commented that the fluorescent lighting fixtures and other electrical equipment inside of a building are likely to generate as much, if not more, than the adjacent power lines: She also noted that the Planning Commission had reviewed in great detail. the EMF issue during the initial routing process for the additional power lines necessary to serve the community. Commissioner Blundetto noted that the Commission had worked on this routing issue for over two years to try and determine the route that would have the least impact on the community. This was done in conjunction. with a separate outside consultant working for the city who has a high level of expertise in these issues. He said it was important to remember that this is a much needed facility for the community in order to continue to meet its needs for electrical power. Julie Aretz stated that there are currently 200 students receiving instruction at their facility, and they expect that. they will ultimately have an enrollment of about 3,000. Commissioner Blundetto stated that he understood her concern, but based on the facts that he was aware of, the proximity of the switching station and power lines would not be a factor in his decision to send his children to this school.. It was noted again that the power lines are already adjacent to the Thompson Academy of Gymnastics. Planning Commission Minutes April 5, 1995 Page 5 Ed Bnmkhorst offered some additional information concerning changes, or the lack thereof, in the use of six versus three lines, and the relationship to EMF levels to the amperage of the line as opposed to the voltage. Chair Felkner then called for the question on this issue. MOTION: Member Oberg moved, seconded by Member Edgeton, to recommend approval of the Comprehensive Plan amendment. The motion carried 7 - 0. MOTION:. Member Oberg moved, seconded by Member Edgeton, to recommend approval of the rezoning to Institutional. The motion carried 7 - 0. MOTION: Member Oberg moved; seconded by Member Edgeton, to recommend approval of the preliminary plat: The motion carried 7-0. MOTION: Member Oberg moved, seconded by Member Edgeton, to recommend approval of the conditional use permit, The motion carried 7 - 0. MOTION: Member Oberg moved; seconded by Member Edgeton, to recommend approval of the site plan and building permit authorization, contingent upon the use of the. brick finish panels, The motion carried 7 - 0. 6B. Walnut Hills Assistant Planner Tom Lovelace presented the development proposal which is located on the northwest. corner of Pilot Knob Road and 132nd Street: The Comprehensive Plan designates this area as "SF" for Single Family use. The property is zoned "R-1" for 40;000 square foot minimum lots; and it is proposed to rezone to "R-3" for a smaller lot size. It is also proposed to approve a preliminary plat to subdivide the property into 621ots. He said that issues raised during the public hearing process involve potential drainage impacts upon the adjacent properties and Long Lake and Farquaz Lake; possible traffic impacts upon the neighborhood; a perceived lack of access to recreation azeas and parks; and the perceived need for compatibility in lot sizes. Mr. Lovelace stated that an extensive review of the design of the drainage and NURP ponds for nutrient stripping and sedimentation purposes indicate that the increased storm water runoff from the development will be properly accommodated. The drainage plan should; therefore, serve to protect both Long and Farquar Lakes. Mr. Lovelace noted that the developer had eliminated one of the lots facing 132nd Street and increased the lot width of the remaining lots. The "lost" lot was recovered by reducing the depth of those lots along 132nd Street, while still maintaining the 15,000 square foot minimum, in order to allow a lot to be inserted along Emmer Place. Mr. Lovelace distributed a letter from SEH, the City's traffic consultant. The numbers generated by the traffic consultant's analysis indicate that the road network can accommodate the Planning Commission Minutes April 5, 1995 Page 6 expected traffic to be generated from this development. The report did note that there might be some "cut through" traffic that wIll use Emmer Place to access Diamond Path. This "cut through" traffic would not impact the existing White Oak Ridge lots, however. Mr. Lovelace then distributed a memorandum from the Parks and Recreation Director Randy Johnson. He then displayed an overhead transparency to illustrate the memorandum's conclusion that this site already meets the City's park access standards of having a neighborhood park within one-half mile. There are actually three parks located within one-half mile from this site. Consequently, the Park Director has recommended that the park dedication be taken as a cash-in-lieu-of--land contribution. Even if the park dedication for this property was taken as land, it would not meet the 3-1/2 acre minimum standard for neighborhood parks and would not be recommended. Mr. Lovelace did note that, in addition to the distance, the issue regarding access to those parks was something the neighborhood had raised. While Pilot Knob Road currently acts somewhat as a barrier to the parks located on the east, when the road is upgraded a pathway will be installed along the west side, giving pedestrians and bikers access to the north and south. Chair Felkner then asked if there was some additional information concerning the density of the single family lots being proposed, and the discussion over "R-1" versus "R-3" zoning. Rick Kelley displayed an overhead transparency, which illustrated the acreage and percentages of the different zoning districts in the City. Currently; only 3.3 percent of the City's area is zoned as "R- 1,'°while the "R-3" category is over 24 percent. Over time, the amount of "R-1" has diminished and will continue to diminish, while the "R-3" will take up a larger and, larger percentage of the total. Gity. Mr. Kelley also attempted to address the issue raised by one of the residents, that at a previous meeting. concerning municipal improvements along 132nd Street, City Staff had represented that this. property would- always remain as an "R-1" category. Mr: Kelley noted that at the time the improvements along 132nd Street were being discussed and then installed, the City's Single Family zoning designations were "R-lA;" "R-1B," and "R-1C." In 1990, the City went through a comprehensive residential zoning ordinance revision, which placed different nomenclature on the various residential zoning districts. What was "R-lA" is now known as simply "R-1;" "R-1B" is now "R-2;" and "R-1C" is now "R-3." Mr. Kelley said that he believes that during that discussion, references to "R-1" zoning were very likely made, but within the context that the suffix of "A, B, or C" were subject to change. A change at this time to an "R-3" zoning category would be consistent with the old "R-1C" category. Chair Felkner then asked what the size of the existing lots on the south side of 132nd Street were. Mr. Lovelace noted that the lots vary in area from about 24,500 to 35,500 square feet, and range from 100 to 150 feet in width. Chair Felkner then asked if it had been calculated how many lots could be created under the "R-1" designation. Mr. Lovelace stated that a very rough estimate was from between 25 to 351ots. Planning Commission Minutes Apri15, 1995 Page 7 Commissioner Swanson asked if larger lots would result in larger or more expensive single family homes. Mr. Lovelace noted that the applicant would have to answer that question. The current plan, however, is to build homes in the $175,000 to $200,000 range. Commissioner Nagler referred to the SEH letter. She asked what revisions were being referred to in the letter that might reduce "cut through" traffic. Mr. Lovelace noted that SEH had done two very rough schematics that changed the soft curves into 90 degree comers in order to try and discourage through traffic. Staff, however, did not feel that this arrangement would reduce the: total. number of "cut tlu~ough" vehicles, but would simply add frustration to the motorist. One of the other possible street alignments suggested by the traffic consultant would have run into the Swale azeas, which for environmental purposes need to be maintained. Commissioner Nagler then asked what the traffic consultant was referring to when he mentioned "nuisance" traffic. Mr. Lovelace said he was not quite sure, but that this "nuisance" was probably just referring to more traffic than exists currently. He said that in any event, the impact of this "cut through" traffic would only be on the residents who lived along Emmer Place, not the. existing residents in the White Oak Ridge area. Gary Grant of Pulte Homes then addressed the Commission. He said that they had made adjustments to the plan in order to eliminate one lot along 132nd Street. He said that he believes that. this plan represents. a good transition between. the lazger lots along Long Lake, and the smaller 11;000 square foot lots that exist to the north. He said that Pulte Homes would not proceed with a development under the existing "R-1" zoning. The combination of the fewer number of lots, combined with the land cost and cost to install municipal streets and utilities would result in about an $80;000 lot sales price. Since the total cost of a house is between four and five times the lot. cost, that would result. in homes. selling for $300,000 to $400;000. He said that this particular property does not have enough natural amenity to support that level of home price. Chair Felkner then noted that while the public hearing has been closed, he would listen to any new information that members of the audience might have on this development. Sue Cadwell of 5270 132nd Street West said that some of the existing lots on the south side of 132nd Street had been combined and aze larger than the map makes them appeaz. There aze only seven houses currently on the south side of 132nd Street. She also said that the amount of special assessment for the 132nd Street improvements were based on the number of expected lots on the north side of 132nd Street, and she felt they were not being treated fairly now if more lots were installed there. Keith Gordon, the City Engineer, noted that the vacant property on the north had been previously assessed as if it would contain l O lots, which is what is being shown now. Mike Dougherty, from the City Attorney's office, also noted that it is not possible for any Staff person or seated City Council to bind the decisions of a future City Council concerning zoning issues or special assessments. Planning Commission Minutes April 5, 1995 Page 8 7er_ry Brown of 5200 7 32nd Street said that he never expected that all the development north of 132nd Street would occur under "R-1" standazds, but felt that larger lots should be required abutting 132nd Street. He said that having one lot less is better, but that it is still not enough: Cindy Dorkin of 5290 132nd Street West said that the response concerning pazk access was not good enough. The widening of Pilot Knob Road and pathway installation would not make a difference. She also said that they were not confused over the zoning issue, and were certain that they were told that this area would always. be restricted to one acre size lots. Hank Zelinka of 5280 132nd Street said that he thinks Pulte could have made the lots along the north side of 132nd Street 100 feet in width; which would haue been a better proposal. Commissioner Gowling asked what the traffic capacity of the street currently is. Keith Gordon stated that a standard residential street has a capacity of 2,000 cars per day. He said by way of compazison, 142nd Street in front of City Hall carries about 2,400 cars per day between City Hall and Cedar Avenue, and between 1,500 and 2,000 cars per day between the City Hall and Galaxie Avenue. It was noted that the traffic on 132nd Street or on proposed Emmer Place would be well below these figures. Chair Felkner asked the Planning Staff to refer the issue of park access. from this area of the community back. to the Parks Department to see if there aze some other things that could be done. There being. no further discussion,. he called for action on the item MOTION: Member Edgeton moved, seconded by Member Gowling, to recommend approval of a rezoning to "R-3." Commissioner Oberg said that he believes the issues concerning this development proposal are the same as the Hyland Pointe Townhome proposal: issues of traffic, environmental effects, and neighborhood compatibility. He thinks that a better compromise could be worked out here. He asked Tom Lovelace to clarify his opinion on the drainage impacts. Mr. Lovelace stated that based on the information provided to him, and upon the City Engineer's review, he believed that the development would not have any measurable effect upon the environmental quality of the lakes. Commissioners Blundetto and Edgeton stated that they disagree with 1VIr. Oberg's position, and that this development proposal is completely different than the Hyland Pointe Townhome development. Commissioner Gowling said that while she thinks the issues being raised are the same, the actual impacts of these developments are completely different. Planning Commission Minutes Apri15, 1995 Page 9 Commissioner Oberg said that he still believes a compromise could be reached for a better transition between the larger lots along the lake and the smaller lots to the north. 'Chair Felkner said that he also disagrees with Mr. Oberg's position. He does not believe that the types of impacts from this proposal, versus the types of impacts from the Hyland Pointe Townhome proposal; are the same at all. He also does not believe that. this particular piece of land has enough natural amenity to justify a requirement: for larger lots. He then called for a vote on the motion. The motion carried 6 - 1 (Oberg). MOTION: Member Edgeton moved, seconded by Member Gowling, to recommend approval of the preliminary plat. The motion carried 6 - 1 (Oberg). 7. DISCUSSION ITEMS - None - 8. OTHER BUSINESS Chair Felkner said that under other business he would like to discuss setting an informal work meeting to go over some procedural and policy issues for the Commissioners. There was a general discussion concerning how much time would be necessary to go over these items. It was decided that an informal meeting will be set for April 19th, to begin at 6:00 p.m. Box Lunches will be provided. 9. ADJOURNMENT MOTION: Member Blundetto moved, seconded by Member Nagler, to adjourn the meeting. The motion carried 7 - 0. The meeting adjourned at 8:57 p.m.