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HomeMy WebLinkAbout05/17/1995CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES May 17, 1995 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order at 7:01 p.m. by Chairman Alan Felkner. Members Present: Alan Felkner, Dave Swanson, Marcia Gowling, Diane Nagler, Karen Edgeton, Paul Oberg, and Frank Blundetto. Members Absent: None. Staff Present: Rick Kelley; Kathy Bodmer, Keith Gordon and Jim Sheldon. Others Present: See the sign-in sheet. 2. APPROVAL OF AGENDA Chair Felkner asked Staff and the Commission members if they had any changes to the proposed agenda. There being none he called for its approval. MOTION: Member Gowling moved, seconded by Member Swanson, to approve the draft agenda as submitted.. The motion carried 7 - 0. 3. APPROVAL OF MAY 3, 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 the maker of the first motion concerning the daycare facility was made by Member Edgeton, rather than Member Gowling on page 5. It was also noted that the vote on the motion for the mattress liquidators building permit and site plan approval on page 8 was 5 - 0 rather than 6 - 0. MOTIONr Member Gowling. moved, seconded by Member Oberg, to approve the minutes as amended. The motion carried 6 - 0 (one abstention, Blundetto). 4. CONSENT ITEMS - None - 5. PUBLIC HEARINGS - None - 6. LAND USE/ACTION ITEMS A. Hyland Pointe Townhomes Assistant Planner Kathy Bodmer presented the development proposal; which is located on the northwest corner of County Road 46 and Gardenvew Drive. The property is currently zoned for agriculture use, but is guided on the comprehensive plan for low density multifamily. It is proposed to rezone the property to M-3C and approve a preliminary plat and building permit authorization for 21 townhome units. 1 Ms. Bodmer noted the issues which had been discussed at previous Planning Commission meetings concerning the access point for traffic onto Hyland Pointe Court, the layout of the buildings and their orientation, the necessity to construct a NURP pond on the southwest corner of the site, density issues, and the landscape and grading plan. She noted that the revised plan has now been reduced to 21 dwelling units, and that the orientations of the buildings and roadway have been changed to allow a staggered arrangement to breakup the "row" appearance. The grades have also been softened to have a maximum 4 to 1 slope, which can be easily maintained and which no longer require the use of chipped mulch around the planting areas. A 4 to 1 slope is a typical Minnesota Department of Transportation standard and can be easily mowed. The drainage on the northernmost portion of the site will run to the gutter of Hyland Pointe Court where it will be directed to a catch basin. The City Engineer has stated that it may be desirable to install a second catch basin to act as insurance if the catch basin should ever become plugged with debris during a heavy rainfall event. Ms. Bodmer noted that the report prepared by the City's traffic consultant has been adhered to in that the access onto Hyland Pointe Court has been moved back from Gardenview Drive to create safe site distances. The traffic consultant has also recommended that the drive access onto Hyland Pointe Curve be straightened rather than curved, since a motorist will tend to drive in a straight line across the radius's of the curves in any event. She noted that the landscape plan has been beefed up with additional Black Hills Spruce, Maple, and Ash trees around the perimeter to provide better site screening. Also foundation plantings have been identified. For reference purposes, she noted that the boulevard width along County Road 46 is 34 feet. That plus the 50 foot minimum building setback results in a total distance of 84 feet from the curb line to the closest dwelling unit. The site plan would require one setback variance for unit number one in the northwest corner. This setback is supposed to be 40 feet, but would actually be approximately 35 1/2 feet because of the curved right of way of Hyland Pointe Court. The comparable densities in the Hyland Pointe Planned Development are 4.2 units per acre for the single family area, and S.2 units per acre for the duplex area. The developer, Bill Diedrich, then approached the Commission. to explain the. changes to the project. He stated that he had reduced the density, revised. the grading plan to have a softer slope, reoriented the buildings to reduce the "barracks look", reduced the direct drainage area from the Hyland Pointe Court catch basin to the NURP pond, had added landscaping materials, and has illustrated a 5 foot wide concrete sidewalk to be installed along Gardenview Drive. Member Gowling had a question on the unit one variance requirement, and the staff recommendation that the porch for this unit be deleted. She asked if the porch could. still be fit on within the limit of the setback variance necessary for the dwelling unit. Mr. Diedrich stated that it would have a somewhat clumsy appearance, but he could possibly jog the porch to the south side of the dwelling unit. Member Swanson asked if a similar restriction would apply to a deck. Ms. Bodmer stated that a deck would be permissible, but that a porch having a roof would not. Chair Felkner asked if there was any new audience comment on this revised townhouse layout. He said that he would accept new comments, but did not want to rehash old issues since the public hearing has been closed. 2 Glen Damerell, 15996 Hyland Pointe Court, addressed the Commission. He said that he believed moving the entrance to Hyland Pointe Court 50 feet east would not materially affect the traffic safety, and would get the access point away from his home. Ms. Bodmer referred the Commission to the conclusion of the traffic consultant report that stated that this driveway access should not be moved any further east than it already is. Gary Shade, 15989 Gardenview Drive, stated that he thinks the developer has adequately addressed the drainage issues. He also feels that the developer has placed additional landscape materials to properly screen the development from the adjacent single family area. While he would like to see somewhat fewer units (19), he does think the developer has listened to the residents. Rich Plendl, 15980 Hyland Pointe Court, stated that the developer has not staked the driveway entrance point as the residents had asked. Also, the density still had not been reduced to the 19 or 20 that they had preferred. He said that the drainage plan is still unclear to him. He thinks that too much surface water is being directed to Hyland Pointe Court. There was a general discussion concerning the grading and drainage plan. City Engineer Keith Gordon stated that all of the property drains directly north to the Hyland Pointe Court gutter and catch basin at the present time. The grading plan indicates that approximately one third of the site will drain north, and two thirds of the site to the south to the newly constructed pond. He stated that even with more impervious surface and greater amounts of surface water runoff, the total runoff running directly to Hyland Pointe Court will actually be less than it is presently. Mr. Plendl went on to state that the four foot high Black Hills Spruce would be too small to provide screening at the time of initial planting. Mr. Diedrich stated that these Spruce trees will actually be between five and six feet in height, and will be planted half way up the hill so that they will offer some immediate screening. Rose Marie Fedder, 14855 Hyland Pointe Court, stated that she thinks that the private driveway access from the townhomes coming. onto Hyland Pointe Court is too sharp, and that traffic exiting this drive will swing. wide onto the street, causing potential vehicular collisions. Dave Gorman, 15998 Hyland Pointe Court, said that he agrees and thinks that the radius of the private street to Hyland Pointe Court should be flared out more. MOTION: Member Edgeton moved, seconded by Member Gowling, to recommend approval of the "M-3C" rezoning. Member Btundetto stated that he could not support a rezoning of this site to multifamily without having access on the west end out to Hyland Avenue, since he feels that that continues to be the safest access point. lie also thinks that there are still too many dwelling units being proposed, and noted the need for a building setback variance to justify that position. Chair Eelkner noted that he is comfortable with the proposed zoning, but thinks that there are still slightly too many dwelling units being proposed on the project. Member Oberg said that he echo's the concern over the access point, feeling that a west access to Hyland Avenue is the safest. Member Edgeton noted that the surrounding density is almost identical to what is being proposed by Mr. Diedrich. She stated that the proposed townhomes have greater setbacks between the buildings than the existing single family units directly to the north. She also felt that the curved right of way of Hyland Pointe Court justified the single variance being requested. 3 Member Gowling said that she agrees with the analysis of Member Edgeton Member Swanson asked if the access point onto Hyland Pointe Court hadn't been reviewed and approved by the City's traffic consultant. It was affirmed that this access had been recommended by the City's traffic consultant. Chair Felkner then called for a vote on the motion. The motion carried 6 - 1 (Blundetto). MOTION: Member Edgeton. moved, seconded by Member Gowling, to recommend approval of the preliminary plat of Hyland Pointe townhomes with 21 units, and with the stipulation that the townhome association documents stipulate the use of phosphorous free fertilizer. The motion carried 5 - 2 (Blundetto, Felkner). MOTION: Member Edgeton moved, seconded by Member Gowling to recommend approval of the setback variance for the unit number one adjacent to Hyland Pointe Court, subject to any porch not encroaching into the setback area. The motion carried 4 - 3 (Blundetto, Felkner, Oberg). MOTION: Member Edgeton moved, seconded by Member Gowling to recommend approval of the site plan and building permit authorization for Hyland Pointe townhomes, subject to the enlargement of the retention pond. The motion carried 4 - 3 (Blundetto, Felkner, Oberg). City Attorney, Jim Sheldon, made a comment concerning the Planning Commissioners discussion prior to the vote on the motion, stating that this type of information is very important to build the record of the Commission's decision on its votes. B. Apple Valley Ford Expansion Assistant Planner Kathy Bodmer presented the issue, which is located at 7200 County Road 42. It is proposed to replat several of the outlots into lot and blocks in order to provide for the transfer of the unused eastern most portion of the property adjacent to Galaxie Avenue to another user, and to provide for both the building expansion, and outdoor display and storage lot expansion of the Apple Valley Ford facility. There would also be construction of a small free standing used car building on the north side of the property.. The specific approval as requested are for a preliminary plat to subdivide land, a conditional use permit for outdoor display and storage, and a site plan and building permit authorization for the building expansion and freestanding used car building. She noted that both the building expansion, and used car building would be closer than the 20 foot minimum setback to the internal Outlot A property line, which is required by the planned unit development zoning ordinance. Since Outlot A could potentially become a public street again in the future if the use of the property as a automobile dealership ceases, the 20 foot setback is the minimum amount necessary to allow for its reuse as a public street. Since the Ford dealership has a lease with the City for the current use of Outlot A for storage purposes, an amendment to that lease agreement stipulating the removal of any portion of a building closer than 20 feet to its boundary at the time that the lease would. be terminated, is an appropriate mechanism to deal with this problem. Ms. Bodmer noted that the landscape materials are acceptable, and that the landscape islands along the north side of the expanded inventory area have been increased to meet the 5 percent standard. She also noted that the building elevations of both the addition, and the freestanding used car building match the existing brick with a narrow rockfaced band for accent purposes. 4 Member Edgeton asked if a lease amendment procedure had been reviewed by the City Attorney's office as to its appropriateness. Jim Sheldon noted that City Attorney, Mike Dougherty, is currently out of town on a family emergency, but that he presumes that this can be worked out easily enough. Jim Price, representing Apple Valley Ford, says that their attorney had reviewed the language of the lease and concluded that an amendment to it regarding the removal of buildings closer than 20 feet to it when the lease terminates is an acceptable method. There being no further discussion, Chair Felkner called for motions of approval. MOTION: Member Edgeton moved, seconded by Member Blundetto, to recommend approval of the preliminary plat, subject to the inclusion of the easements per the Staff memo. The motion carried 7 - 0. MOTION: Member Edgeton moved, seconded by Member Blundetto, to recommend approval of the conditional use permit for outdoor display and storage of vehicles for sale subject to no storage of body damaged vehicles out of doors per the Staff memo. The motion carried 7 - 0. MOTION: Member Edgeton moved, seconded by Member Blundetto, to recommend approval of the landscape plan subject to the increase in the size of the trees planted in the landscape islands, and also subject to documentation of the 2 I/2 percent requirement. The motion carried 7 - 0. MOTION: Member Edgeton moved, seconded by Member Blundetto, to recommend approval of the site plan and building permit authorization subject to the modification of the Outlot A lease agreement. The motion carried 7 - 0. C. Heritage Lutheran Church Addition Assistant Planner Kathy Bodmer introduced the item which had been reviewed by the Planning Commission at a previous meeting. The proposal involves an addition to the church. located 13401 Johnny Cake Ridge Road, and which would also require the installation of additional landscaping and certain parking lot improvements: Prior to final consideration by the City Council, the church determined that its budget could not provide for the site improvements as well as providing for the restuccoing of the existing portion of the building. Consequently, they are requesting that the installation of the landscaping and parking lot improvements be stretched out over time in order to facilitate their complete installation. The church would ptovide a letter of understanding, or declaration that these improvements will in fact be installed over a three year period. Member Blundetto stated that he felt a declaration to be filed against the property might be too heavy handed and that a simple letter of understanding might be more appropriate. Member Gowing stated that if the church were not putting an addition on, the status quo would continue in any case. In her opinion, allowing the church more time to complete the site improvements would be okay. Member Edgeton said that while she was sympathetic to the financial concerns of the church, she continues to think that all property owners should be in compliance with the code requirements. 5 Jerry Grudeman, the President of the Heritage Church congregation, stated that the parishioners intend to install the landscaping no later than 1996, and that the parking improvements could be completed by 1997. They feel it is a more appropriate use of their limited dollars to restucco the existing portion of the church to match the addition now, rather than have to spend it on the site improvements. A general discussion ensued concerning timing of site improvements and the mechanism that the City uses to enforce that installation, including financial guarantees. MOTION: Member Blundetto moved, seconded by Member Gowling, to provide for up to a three year period for installation of the landscaping and parking lot improvements, subject to an acceptable document or letter of understanding to be drafted by the church for review by the City Attorney's office. Member Swanson skated that he is opposed to the idea of giving a different treatment to a church group, than that which would be expected of a private business. Member Edgeton stated that she does not believe that financial considerations should enter into the Commission's decisions. The motion carried 5 - 2 (Swanson, Edgeton). D. Model Stone Temporary Office and Storage Building Community Development Director, Rick Kelley presented the issue, which is located at 5001 160th. Street West in the very southeast corner of the City. The site is currently being mined for sand and gravel, and is the location of the recently constructed McNamara Asphalt Plant. The building is 9,286 square feet in size, and would be constructed of a combination of concrete block and manufactured steel panels. These materials would not typically be acceptable in commercial or industrial districts. However, this building is a temporary use and would be removed at the time that the sand and gravel mining operations are completed. The building would be located about 1,000 feet north of 160th Street, and about one third of a mile from the east. Rosemount border. There was a general discussion among Commission members regarding the review of an accessory use or building such as this. Mr. Kelley stated that while typically the Commission would not review these, because. of the size of the building it was felt that it should be placed on the Planning Commission and City Council agendas for review and approval. MOTION: Member Gowling moved, seconded by Member Edgeton, to recommend approval of the building permit per the Staff memo. The motion carried 7 - 0. 7. DISCUSSION ITEMS - None - 8. OTHER BUSINESS A. Election of Officers There was a general discussion concerning the timing of the election of officers. Because the agendas for the Commission had been so lengthy over the past several meetings, this item was not placed on the agenda for consideration. Given that this evening's meeting had a relatively light agenda, there is now enough time to consider the election. MOTION: Member Blundetto moved, seconded by Member Gowling, that Alan Felkner's name be nominated for the Chairmanship. MOTION: Member Gowling moved, seconded by Member Blundetto, to close the nominations for Chair. The motion carried 7 - 0. MOTION: Member Gowling moved, seconded by Member Felkner, to nominate Karen Edgeton for the position of Vice Chair. MOTION: Member Gowling moved, seconded by Member Felkner, to close the nominations for Vice Chair. The motion carried 7 - 0. MOTION: Member Edgeton moved, seconded by Member Felkner, to nominate Marcia Gowling for the position of secretary. MOTION: Member Swanson moved, seconded by Member Blundetto, to close the nominations for Secretary. The motion carried 7 - 0. 0. Chair Felkner then called for a white vote on the nominations. The motion carried 7 - B. Bylaws MOTION: Member Blundetto moved, seconded by Member Oberg to readopt the Bylaws in their current form without amendment: The motion carried 7 - 0. 9. ADJOURNMENT MOTION: Member Blundetto moved, seconded by Member Gowling to adjourn the meeting. The motion carried 7 - 0. The meeting adjourned 8:37 p:m. 7