HomeMy WebLinkAbout10/18/1995CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
October 18, 1995
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order at 7:05
p.m. by Chair Alan Felkner.
Members Present: Alan Felkner, Karen Edgeton, Dave Swanson, Frank Blundetto,
Paul Oberg, Diane Nagler and Marcia Gowling.
Members Absent: None.
Statl' Present: Rick Kelley, Kathy Bodmer, Tom Lovelace, Keith Gordon, Sharon
Hills and Transportation Consultant Glen VanWormer.
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. Chair Felkner stated that he would like to add an Item Number 7A,
Discussion of the Metropolitan Council meeting on Community Identity, held in the City of
Rosemount on October 9, 1995. There being no other changes to the agenda, he called for
its approval.
MOTION: Member Oberg moved, seconded by Member Gowling, to approve the
agenda as submitted. The motion cazried 7 - 0.
3. APPROVAL OF OCTOBER 4, 1995 MINUTES
Chair Felkner asked Staff and the Commission. members if they had any changes to
the draft minutes submitted in the packet. There being none, he called for their approval.
MOTION: Member Gowling moved, seconded by Member Nagler, to approve the
minutes as submitted. The motion carried 7 - 0.
4. CONSENT ITEPviS
- None -
5. PUBLIC HEARINGS
A. Fischer Market Place
Chair Felkner opened the public hearing with the standard remarks. Assistant
Planner Tom Lovelace introduced the item which concerns the property located on the
Planning Commission Minutes
October 18, 1995
Page 2
northeast corner of County Road 42 and Galaxie Avenue. The public heazing is to consider
an amendment to the City's Comprehensive Plan, changing it from a combination of general
industrial and general business/limited business to some combination of Retail Business,
Limited Business, and Light Industrial. The hearing also concerns a rezoning to a planned
unit development for mixed commercial uses and a preliminary plat illustrating a system of
collector roadways, outlots, and lots for phase one development.
Mr. John Voss of Urban Planning and Design approached the Commission. He
stated that he is a planning consultant representing the property owner, and also introduced
Mr. Bill Mauer of Probe Engineering. Mr. Voss stated that the site is approximately 146
acres in size, and that with the current absorption rates in Apple Valley of ten to twenty
acres of commercial per year, this is obviously a multiyear project.
Mr. Voss then walked the Commission through what is being proposed on each
portion of the site. Directly at the corner of Galaxie Avenue and County Road 42 is what
Mr. Voss referred to as the cluster of restaurants. This would entail a combination of Class
I and Class II restaurants using a common parking lot, and with an open. plaza feature right
at the intersection of Galaxe and County Road 42.
Moving north along Galaxie Avenue, a combination of other Class I restaurants
and/or office uses would be located across from the Dakota County Western. Service Center.
Moving eastward along County Road 42 would. be other service or restaurant uses with
automobile service uses located at the easternmost portion of the property adjacent to
Flagstaff Avenue. Mr. Voss indicated that this area along County Road 42, pazticularly near
the Galaxie Avenue side, would represent the first phase of the development and would help
to generate revenues to pay for missing infrastructure improvements elsewhere within the
planned. development.
The central area of the project would contain retail uses, and it is expected that they
would be anchored by major retailers. The northeasterly portion of the site is intended to
be a combination of office/warehouse or light industrial uses. Mr. Voss stated that the
property owner did evaluate the use of apartment buildings, but decided that in the long run
they would not be viable uses.
Mr. Voss noted that the existing storm water holding pond would need to be
relocated as pazt of this project, and noted that. the alignment of 147th Street would
intersect Galaxie Avenue across from the City's Police Department.
Chair Felkner asked Mr. Voss if in developments of this scale, it is typical to have
the large retail users locate first, or whether the development of the peripheral lots is likely
to occur first. Mr. Voss noted that while it is typical the lazge retailers locate on the site
first, the development of the peripheral lots first can and does happen.
Mr. Voss went on to note that Staff had expressed a concern over the curved road
alignment serving the peripheral lots, and that this would be straightened out to a T-
intersection design rather than having curves.
Planning Commission Minutes
October 18, 1995
Page 3
Bill Mauer of Probe Engineering noted that at the sketch plan review there was some
concern expressed about the grade of County Road 42 being above the development site,
and the potential for views from motorists looking down on the site to the auto service area
and rooftop mechanical units. Mr. Mauer distributed a series of photographs taken from
County Road 42 in Burnsville which is at different elevations above the Burnsville Center
and the regional shopping activities on the north side. He stated that in his opinion it was
better to look down and see portions of the buildings rather than have an elevation where
motorists would be looking up toward a development and see simply the fronts of parked
cars within the parking lots.
Chair Felkner asked what the change in elevation for this project would be below the
curb line of County Road 42. Mr. Mauer noted that at Foliage Avenue the peripheral lots
located immediately adjacent to the road would be about five feet below it. Farther to the
north the large retail. site would be about two feet above the curb line. Moving back to the
east at Flagstaff the peripheral lots would be about 10 to 15 feet below the curb line of
County Road 42, while the large retail site further to the north would be about 20 feet
below the curb line.
Commissioner Blundetto asked about the number of lots proposed to be platted for
development within the first phase along Galaxie Avenue,. and what the extent of the initial
internal street construction would be, Mr. Voss addressed this issue by displaying an
enlargement of the detail of the County Road 42-Galaxie intersection, better illustrating the
orientation of the restaurant block with no Class II restaurants shown along Galaxie Avenue,
only along County Road 42. He noted that the internal north/south street that paralleled
Galaxie Avenue would extend northwazd only to serve one or two lots at this time.
Commissioner Edgeton noted. that the alignment of 147th Street was different on the
detail map being displayed as opposed to the preliminary plat which was the subject of the
public hearing. Mr. Voss stated that the preliminary plat is what is actually being. requested
at this time. Some of the other conceptual plans illustrated different alignments of 147th
Street, but that the plat deals only with property under ownership of the developer. They
can only plan for their own property.
Commissioner Edgeton stated that she believed that without an appropriate 147th
Street connection, the access points onto County Road 42 illustrated will become
prematurely overloaded.
Commissioner Swanson stated that the current three-way intersection of Galaxie
Avenue and 147th Street to the west is difficult, particularly at peak hour periods. He feels
that the offset being illustrated on the preliminary plat would only make a bad situation
worse.
Commissioner Edgeton questioned the ultimate uses of Outlots A and J, which were
expected to be the location of the big box retailers. She asked Mr. Voss if such large users
do not materialize, how would those outlots be subdivided and developed. Mr. Voss stated
that while they have not prepared a detailed subdivision plan of those outlots, he believes
they easily could be broken up into smaller pazcels for smaller retail users.
Planning Commission Minutes
October 18, 1995
Page 4
Commissioner Edgeton stated that she wanted to see such an alternate plan.
Commissioner Nagler asked about Outlot E in the northeast corner. She asked about its
relationship to the new high school, currently under construction to the northeast along
Flagstaff Avenue, and wanted to see a composite map so she could understand the
relationship between the sites better.
Commissioner Gowling asked if the access in the southwest comer of the
development lined up with the access drive to the Dakota County Western Service Center.
Mr. Voss stated that the access did line up. Commissioner Gowling then questioned the
number of access points being shown onto County Road 42. She was concerned about
additional traffic generation, traffic congestion, and the ultimate need for more traffic
signals and the slowing of traffic along County Road 42 as pazt of this development.
Commissioner Edgeton noted that the City built its "ring. route" in order to try and orient
local commercial traffic onto it as opposed to County Road 42 and Cedar Avenue; she said
that this plan does not seem to address or acknowledge the purpose of the ring route and
instead focuses along County Road 42.
John Voss stated that the County Staff has reviewed this proposed layout, and that
the access points to County Road 42 meet the County guidelines which are 1/4 mile apart
for full accesses, and 1/8 mile apart for right turn only accesses.
Commissioner Edgeton stated that she does. not believe the City should approve this
development without knowing what the actual use of the large. outlots will be.
Commissioner Blundetto stated that he was very uncomfortable with the offset of
147th Street being shown.
Commissioner Gowling stated that unless the total road network is resolved, she.
could not support approval of this development.
Commissioner Swanson asked about the orientation of the restaurant cluster and the
other peripheral uses. Mr. Voss stated that these uses would have signage along County
Road 42, but their access and building orientation would be toward the interior frontage
road.
Commissioner Swanson stated that he still had grave concerns over the appearance
of buildings on Outlot J, given the fact that it would be 15 to 20 feet below the grade of
County Road 42. He does not want to have passersby looking at rooftop mechanical units.
Mr. Swanson asked how hard it would be to raise the grade of the development site. Mr.
Voss and Mr. Mauer stated that a large amount of fill would have to be brought in to do
this, which would be a very expensive undertaking. It simply would not be practical.
Glen VanWormer from SEH approached the Commission. Mr. VanWormer is the
City's traffic consultant. He stated that they had run two scenarios on traffic generation
from the project: (1) traffic generation at total development and (2) traffic generation only
with the peripheral or phase one development along County Road 42. He said that they
had received information from Mr. Voss concerning the expected. maximum building sizes,
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October 18, 1995
Page 5
and the general mix of commercial uses. He stated that on the two large lower outlots, they
had used trip generation figures typical of "big box" retail users.
Mr. VanWormer went on to say that trip assignments were based on access points
as illustrated on County Road 42 by the developer: aright turn only access at Galaxie
Avenue across from the County Government Center, no access for 147th Street due to the
problems that an offset intersection would create, a connection of Flagstaff Avenue to the
north and continued use of 145th and 146th Streets to Galaxie Avenue.
Mr. VanWormer went on to state that they had further distributed the traffic
generation from the site based on a market draw consistent with local conditions, and the
existence of local competitors; this causes the majority of the traffic to be oriented to the
south. Mr. Van Wormer then explained the A through. F level of service classifications for
intersections.
Mr. VanWormer stated that the current intersection of County Road 42 and Galaxe
Avenue operates at a level of service D at the peak p.m. rush hour. At full development
this intersection would drop below the F level of service; if double left turn lanes were
added for the. southbound traffic movements, this level of service could be brought back up
to a level of D. If only peripheral. development occurs, the County Road 42 Galaxe Avenue
intersection would drop to a level. of service E. Even at the E level of service, the backup
of southbound traffic would interfere with the access point located adjacent to the County
Government Center, which is what would mandate a right turn only situation here.
Mr. VanWormer went on to state the intersections of other streets along Galaxie
Avenue would be difficult to control given the fact that the majority of them are three-way
intersections and do not lend themselves well to signalization.
Chair Felkner stated that even if the City could accept initial development of the
perimeter lots. only, the interior outlots will ultimately be developed and impact the street
system.
Commissioner Edgeton asked Mr. VanWormer what the full development scenario
would add in terms of traffic to the total trips on County Road 42. Mr. VanWormer stated
that in order to perform his analysis, he was concerned mostly with the peak hour
intersection movements and does not have the specific numbers with hire this evening.
However, he stated that approximately 900 extra cars would be using County Road 42
during the peak hour periods, and that the current peak hour period along County Road 42
is about 80% of that number. Commissioner Edgeton then asked that the total ADT for
County Road 42 be tabulated and submitted to the Commission for their information.
Commissioner Edgeton asked Mr. VanWormer if 147th Street was able to be
connected through to Galaxie Avenue fora 4-way intersection if the traffic congestion as
projected would be improved. Mr. Van Wormer said that it would be improved
dramatically and that a majority of the newly generated traffic would have a much better
access point onto Galaxie Avenue.
Planning Commission Minutes
October 18, 1995
Page 6
Commissioner Blundetto asked Mr. VanWormer if the majority of the traffic is
oriented to the south, wouldn't continued build out in the City of Lakeville to the south over
the next ten yeaz period make the Galaxie traffic situation even worse. Mr. VanWormer
stated that while on the surface this might appear to be true, it is important to remember
that as residential growth in outlying azeas continues, they eventually reach a point where
they can support their own commercial base, and the amount. of traffic continuing to be
attracted to other commercial centers begins to decrease.
Commissioner Nagler asked Mr. VanWormer if traffic oriented towazd the new high
school along the Flagstaff Avenue corridor would have an impact. Mr. VanWormer stated
that these traffic levels are not significant, and that the traffic congestion areas relating to
this development are at the Galaxie Avenue and Foliage Avenue intersections with County
Road 42, not at Flagstaff.
John Voss stated that he felt that if the property were used for the currently guided
industrial and general business uses, the PM traffic peak has the potential to be worse than
projected here. Mr. VanWormer stated that given the nature of the local market and the
actual trip origin and destinations, the proposed use has much more impact on the Galaxie
Avenue and County Road 42 corridors than any industrial use would have.
Commissioner Edgeton stated that it was necessary to address the potential for a
147th Street intersection in order to determine whether these land uses could be
accommodated. Commissioner Cowling asked how access to the Government Center would
be impacted under the proposed lineup of the access from the. Fischer Mazket Place. Mr.
VanWormer stated that he would propose limiting the access from the Fischer Market. Place
to right only turns with the. use of a "pie" constructed at the entrance. rather than putting a
median in Galaxie Avenue. He went on to state that if it were possible. to provide fora 4-
way intersection with 147th Street, it could become signalized and platoon traffic, greatly
improving the usability of this access to the Government Center.
Commissioner Swanson stated that the "pie" used at the Cub Foods entrance does
not work very well. Mr. VanWormer stated that it is possible. to improve on that design, but
there will always be some motorists that will attempt to make a sharp left hand turn.
Chair Felkner asked if Staff had any additional comments on the proposal. Assistant
Planner Tom Lovelace stated that Staff has recommended that the interior intersections in
the Fischer Market Place be more perpendiculaz rather than using a curved linear street
design. He also stated that Staff wished the developer to locate the pipeline along the
Flagstaff Avenue alignment; this will influence the specific location of that intersection onto
County Road 42.
Mr. Lovelace also stated that in planned unit developments, the City typically is
aware of who the 'big box" retailers would be in order to properly critique a detailed site
plan and deal with the road access issues. He said that the most that Staff would be
comfortable with is the subdivision. into blocks and outlots, but not specific buildable lots
at this time. He said that Staff is still wrestling with how to integrate this proposed retail
project into an appropriate relationship with the downtown ring route. Mr. Lovelace also
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October 18, 1995
Page 7
stated that it was obvious that the Commission has a grave concern over traffic congestion
issues.
Chair Felkner then opened the hearing to public comments.
Mr. Allen Voegele of 14452 Gannon Way approached the Commission. Mr. Voegele
stated that he accesses Galaxie Avenue from 145th Street, which also has an offset
intersection from 145th Street on the east side of Galaxie. He said that this does create
traffic problems, and he would be very concerned over an offset of 147th Street. He went
on to compare the proposed initial peripheral lot development, with the initial development
along Galaxie Avenue of Lampert's Lumber and the body shop. He stated that allowing
these peripheral uses to develop first in his mind greatly constrains the viability of getting
lazger users to occur within the interior of the property.: He stated he felt the City should
require the development to begin in the center of the site, and work outward, not from the
edges inwazd.
There being no other public comment, Chair Pelkner closed the hearing with the
standard remazks. He stated there would be no action on this item this evening, and that
it would continue to appear on future Commission agendas until a decision has been
reached.
SB. Valley Commercial Park 2nd
Chair Felkner opened the public hearing with the standard remarks. Assistant
Planner Tom Lovelace presented the proposal. for which the City is the petitioner. The
subject property is the block bounded. by Pennock Avenue on the west, 145th. Street on the
north, Glenda. Drive on the east, and 146th Street on the south.. The proposal was
precipitated by the initial request of Dakota Rental. to acquire and build a new facility on
the northeast corner of Pennock Avenue and 146th Street.
The property is currently designated on the Comprehensive Plan for Retail Business
use and is also zoned Retail Business. The proposal is to consider a change to the
Comprehensive Plan and zoning to allow some combination of Limited Business and
General Business uses. Mr. Lovelace then gave a brief history of the proposed land uses
in this part of the commercial district. He stated that the previous recommendation of the
Commission to make an amendment to the Retail Business permitted and conditional uses
to accommodate a rental shop raised too many issues for the City Council to be comfortable
with it. The City Council therefore directed the Planning Commission to evaluate aLt of the
uses on the lots within this block.
Mr. Lovelace then noted that the three lots that Dakota Rental had initially been
interested in have apparently come under an option to purchase by a funeral home. A
funeral home is a conditional use in a Limited Business category. While a General Business
category on the south end of the block could have accommodated Dakota Rental, if a
funeral home is to ultimately locate there, a Limited Business category for the entire block
might be appropriate. Mr. Lovelace then noted that the majority of the users along
Pennock Avenue and Glenda Drive within this block fall into either Retail Business or
Planning Commission Minutes
October 18, 1995
Page 8
Limited Business uses and tend to be oriented most to the office/service uses provided for
in a Limited Business category. Mr. Lovelace then displayed a series of overhead
transparencies with a list of permitted and conditional uses in both Retail Business, Limited
Business and General Business categories.
Chair Felkner asked for a clarification; for a funeral home to locate on the property,
it would have to be zoned limited business and receive a conditional use permit. While if
a rental business were to locate, the lots would have to be zoned for General Business. Mr.
Lovelace responded that this was the case.
Commissioner Edgeton stated that she wished the issue of ownership of these three
vacant lots to be clarified for the next meeting.
Commissioner Blundetto asked. about the issue of storage of trucks within the specific
zoning districts. Mr. Lovelace explained that outdoor display or storage of trucks for rental
operation would be permissible only in a General Business district, and only with issuance
of a conditional use permit. Commissioner Blundetto stated that he felt he had been misled
by the operator of Dakota Rental regarding the number of tracks that would exist on site.
He said that he recently visited Dakota Rental and found numerous large trucks and trailers
located on the site; and in some cases cluttering the street. He stated that he would not
want to approve any project that has trucks. parked overnight on the street.
Commissioner Gowling stated that it was important to remember in evaluating land
uses that they should be doing what is best for the City overall, and not be influenced about
who has current ownership rights on a particular parcel of land. She asked that the location
of the American Legion be pointed out on the map.
Chair Felkner then opened the hearing for public comments.
Marv Iverson of 14362 Pennock Avenue approached the Commission. He stated that
the Commission needs to look at the overall good of the City. He said that. he lives in a
residential area on Pennock Avenue north of 145th Street, and likes living on the edge of
downtown.. However, he said he is concerned about heavy commercial uses being
established along Pennock Avenue,. such as rental or track storage uses.
Mr. Gary Keller of 8453 142nd Street Court approached the Commission. He said
that the vacant lots on the east side of Pennock Avenue, across from the Senior Assisted
Living Complex, should be used for something compatible, and not general business uses.
There being no further comment, Chair Felkner closed the hearing with the standard
remarks. He stated there would be no action taken this evening. Mr. Felkner reiterated
the fact that the Planning Commission needs to closely evaluate Limited Business versus
General Business uses and determine what is in the best interest of the City for uses on
Pennock Avenue. At this point, Chair Felkner called a brief recess at 8:26 p.m. The
meeting reconvened at 8:39 p.m.
Plamung Commission Minutes
October 18, 1995
Page 9
6. LAND USE/ACTION ITEMS
A. Diamond Path Townhomes II
Assistant Planner Kathy Bodmer presented the item which is located on the dead end
of Echo Lane on the southwest corner of Pilot Knob Road and Diamond Path. She gave
a brief history of the development proposal and noted that in its current iteration, the
request is to rezone to "R-5" duplex uses and provide for a total of 12 dwelling units in six
buildings.
The configuration of the project has changed dramatically due to the fact of poor
soils being located on the site during the soil exploration process. Ms. Bodmer displayed
a series of overhead transparencies, including those of the proposed building elevation,
which were not included in the Planning Commission packet. Ms. Bodmer indicated the
front, side and reaz elevations and identified the locations of brick on the building.
Commissioner Cowling asked what the density of the development proposal was. Mr.
Tom Bisch of Heritage Development stated that the density was 2.2 units per acre.
Commissioner Edgeton asked about landscape requirements in "R-5" districts. Ms. Bodmer
stated. that unlike multifamily zones, there is no percentage requirement for landscaping.
There is, however, a requirement in the subdivision regulations for the planting of one tree
on each lot. This is the same as in other single family residential districts.
Mr. Bisch told the Commission that this has been a very difficult project on a very
difficult piece of land. This proposed development layout represents their last and best shot
at putting together an economically feasible development. Mr. Bsch went on to state that
at a sales price of between $155,000 and $165,000 per unit, there will be foundation
plantings and. sodding going on, simply because the market demands it at this. price level,
although he understands that no formal plan needs to be submitted and approved by the
City in the "R-5"° zoning districts. He said that this proposed price range is what they must
sell the units for in order to recover their site acquisition and development costs.
The engineer for Heritage Development reviewed for the Commission a display
showing the 13 soil boring locations on the site. The worst areas of the site have 19 to 24
feet of poor soil depth, and this is located on the southern edge. This has required them
to push the building azea further to the north. Even on the edge of the high ground, poor
soils can range from 7 1/2 to 21 feet in depth. Where the poor soil is also located. before
the water table, it is completely cost prohibitive to do soil correction activities because of
the cost of dewatering. In order to include the emergency vehicle turnaround, it was
necessary to shift one building, and a comer of the foundation is going to require some
dewatering in order to make the soil correction (Building 6).
Chair Felkner noted that while this is not a public hearing, the layout has changed
from meeting to meeting based on the poor soil conditions, and he would allow a member
of the audience having a question on the revised plan the opportunity to address the
Commission. There being none, he asked if Staff had any further concerns on the proposed
development.
Planning Commission Minutes
October 18, 1995
Page 10
Ms. Bodmer noted that because this is not a multifamily zoning district, the City does
not require offstreet visitor parking. That means that some visitor parking will probably
occur within the public street cul-de-sac area. She also noted that the pond being located
in the northeast corner of the site on the existing wetland would have an outlet installed
beneath the public street, which means that it would retain water only on a seasonal basis
and not over the winter months.
Chair Felkner then asked if the Commission wished to move this item on with a
recommendation.
MOTION: Member Blundetto moved, seconded by Member Edgeton, to recommend
approval of the rezoning to "12-5." The motion carried 7 - 0.
MOTION: Member Blundetto moved, seconded by Member Edgeton, to recommend
approval of the preliminary plat and appropriate variance for use of a private street in a
duplex zone. The motion carried 7 - 0.
MOTIONr Member Blundetto moved, seconded by Member Edgeton, to recommend
approval of the setback variances due to poor soil conditions. The motion carried 7 - 0.
MOTION: Member Blundetto moved, seconded by Member Edgeton, to recommend.
approval of the duplex building site plan. The motion carried 7 - 0.
6B. Academy Townhomes
Commissioner Swanson stepped down from the Planning Commission dais at this
time. Assistant Planner Kathy Bodmer presented the item, which is located generally on
the northeast comer of 143rd Street West and Heywood Avenue.. The property is currently
zoned under a planned unit development for multifamily uses, so that the proposal before
the Commission is consideration of a preliminary plat to subdivide properly and site plan
building permit authorization. The planned development zoning allows up to 28 dwelling
units on these parcels of land. The current development proposal is for a total 25
townhouse dwelling units consisting of 15 one-level walkout townhouse units on the north
or high pazt of the property, and 8 two-story tuck-under units located on the south or level
portion of the property. This is up 3 units from the last plan reviewed by the Commission.
Mazk Hebert, the developer, noted that they tried to come up with building designs
that reflected and fit into the existing topography as much as possible, although a substantial
amount of grading will still be necessary. He stated that his building design has multiple
gables and shed roofs to create some architectural interest, and also provides for a
significant amount of brick on both the front and rear of the building. The two-level units
on the south side will be side entries and essentially be a split level with direct driveway
access to 143rd Street. Mr. Hebert introduced Allan Hastings, the engineer working on the
project for him.
Commissioner Nagler noted that the 25 units proposed this evening is 3 units more
than the 22 units reviewed at the last meeting. She asked what the square footage of the
Planning Commission Minutes
October 18, 1995
Page 11
dwelling unit was. Mr. Hebert stated that the 8 units on the south end would be 1,025
square feet in area, while the units on the north would be 1,500 square feet in area.
Commissioner Oberg asked if a parking azea was still being proposed off of Hemlock
Court. Mr. Hebert stated that that parking area has been eliminated from this latest plan.
Chair Felkner noted that the paving on the eastern end of the project to
accommodate emergency vehicle turnarounds seems to come quite close to the curb line of
142nd Street/Heritage Court, and felt that the developer could do a better job to screen the
turnaround area. Mr. Hebert stated that he could install additional landscaping or
landscape boulders to better screen this area and to prevent any vehicle from attempting
to drive over the greenspace onto the paved surface. Mr. Hebert went on to state that he
had not proposed these types of barriers because his engineer felt that the City might wish
to keep the area open to allow an emergency access point. Chair Felkner noted that the
City's public safety officials had not requested this, and since they felt it was not necessary,
he would prefer to have the area completely landscaped with an appropriate barrier.
Chair Felkner asked if the buildings meet the City's 50% brick guidelines. Mr.
Hebert stated that the building elevations do meet the 50% brick guideline and that he
would be willing to redistribute the location of the brick if the Planning Commission felt
that other portions of the building elevations would benefit from it.
Commissioner Nagler asked about the 60% greenspace standard. It was noted that
within the lots proper, the greenspace was 59.6%, and that if the greenspace of the
boulevard area is included (standard procedure), it would be over the 60% standard.
Commissioner Blundetto asked what the physical location of the existing foot path
was in the unvacated portion of 142nd Street. It was noted that the existing foot path is
located essentially on or directly north of the center line of the unconstructed portion of
142nd Street, which would be north of the proposed landscaping. and parking azea in the
Academy Townhome proposal.
There was a general discussion concerning the existence of this pedestrian way. Ms.
Bodmer noted that several members of the adjacent neighborhood had requested at the
previous City Council meeting the permission to install a wood chip pathway surface along
the existing pedestrian way. The Council referred this item back to the Planning
Commission to review in conjunction with the adjacent development proposal. The City's
park director has reviewed this situation and does not believe that a pathway in +~is location
is consistent with the City's overall pedestrian circulation plan. It is also the policy of the
City to install only paved pathways and not wood chip or gravel pathways.
Ms. Bodmer went on to state that the neighbors residing immediately adjacent to the
unconstructed portion of 142nd Street did not have any pazticular desire to see a pathway
retained, but had expressed concern over the potential vacation of 142nd Street if the
continued existence of a pedestrian way would then occur on property for which they would
become liable. The attorney's office is researching whether it would be possible to retain
Planning Commission Minutes
October 18, 1995
Page 12
half of the street right-of--way, or to vacate all of it and retain simply an easement that might
address the concerns of these two neighbors.
Commissioner Blundetto asked about the slope on the steep part of the development
proposal adjacent to the parking area. Mr. Hebert noted that a fiber mat will be used until
crown vetch vegetation establishes itself to prevent erosion problems.
Commissioner Nagler asked the developer about the letter from Northern Natural
Gas Company concerning modification of topography and parking stalls within the easement
area. Mr. Hebert responded that the latest revised plan has addressed the gas company's
concerns.
Dick Unger of 8489 142nd Street Court approached the Commission, and stated he
wished to comment on the latest plan, even though this was not a public hearing. Mr.
Unger questioned the calculations concerning the building coverages and greenspace
requirements since it did not appear that the optional sun rooms or decks were being taken
into account. He noted that the 142nd Street right-of-way vacation would have to occur in
order for these coverage requirements to be met for 25 dwelling units. He stated that he
did not believe that such a vacation would be in the public interest. Mr. Unger also noted
that the location of the dwelling units on the north side had been moved east in order to
meet the requirements of the gas pipeline company, not the concerns of the residents. He
felt that in order to meet. the coverage requirements, additional units on the top or north
portion of the development should be eliminated.
Mr. Kelley noted that the 60% greenspace standard is a policy and not an ordinance
requirement, and that it is done calculating. the standard development unit, and also includes
the green boulevard areas within any street right-of-way. Mr. Kelley also noted that the
close setback of the emergency vehicle turnaround to the cul-de-sac bubble of 142nd
Street/Heritage Court resulted because the City and the residents did not wish the private
driveway to have a through connection. There being no further discussion, Chair Felkner
asked the Commission for their recommendation.
MOTION: Member Edgeton moved, seconded by Member Blundetto, to recommend
approval of the preliminary plat for 25 units subject to vacation of the unconstructed portion
of 142nd Street.
Commissioner Gowling noted that she was originally uncomfortable with the
development concept, but that the developer has revised it several times in order to meet
the concerns of the residents and the Commission. She is therefore now in favor of the
proposal.
Chair Felkner noted that if this was a level development site, there are several
changes to the site layout he would like to see, but that the existing topography greatly limits
design options and access points. The motion carried 6 - 0.
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October 18, 1995
Page 13
MOTION: Member Edgeton moved, seconded by Member Blundetto, to recommend
approval of a conditional use permit for alternate exterior building materials. The motion
cazried 6 - 0.
MOTION: Member Edgeton moved, seconded by Member Blundetto, to recommend
approval of the site plan and building permit authorization, subject to the vacation of 142nd
Street and determination of the proper easement to retain for the pathway, if any. The
motion carried 6 - 0.
MOTION: Member Edgeton moved, seconded by Member Blundetto, to recommend
approval of the setback variance for the emergency vehicle turnaround adjacent to 142nd
Street/Heritage Court. The motion carried 6 - 0.
Chair Felkner asked when this item would appear on the City Council agenda. Mr.
Kelley stated that, at a minimum, consideration of a hearing to vacate 142nd Street would
occur on the October 26th meeting. Commissioner Gowing asked that information
concerning the Planning Commission comments on the pathway easement and potential
liability issues for the neighbors be included.
6B. Sign Variance in Hidden Valley
Assistant Planner Tom Lovelace presented the item which related to subdivision
monument signs being placed within the right-of-way of Zoo Boulevard, north of County
Road 38. Subdivision entry monuments such as these are permitted by the City and aze
typically located at a setback of 13 feet from the right-of-way line. Zoo Boulevard, however,
was constructed as part. of State Trunk Highway 77, and an additional. wide right-of-way was
acquired. If the monuments were constructed at the standard 13 foot setback from the
right-of-way line, they would be literally located over 200 feet from the curb line. The
setback variance would allow the signs to be constructed within the right-of-way at a setback
from the curb which would be typical on normal right-of-ways.
MOTION: Member Oberg moved, seconded by Member Swanson, to recommend
approval of the setback variance. The motion carried 7 - 0.
7. DISCUSSION ITEMS
Chair Felkner noted that he had attended the Metropolitan Council Meeting held.
in Rosemount concerning building community identity. Mr. Peter Jarvis had spoken at this
assembly, and Mr. Felkner stated that several comments made by Mr. Jarvis seemed to be
applicable to Apple Valley. He noted that in commercial development there is often too
much emphasis placed by the builder and developer on parking lots, and not enough on the
buildings and their orientation to one another and to the public streets. He said that in
general in suburban areas there aze too many generic looking strip centers which are
interchangeable and do not relate to any identifiable sense of community.
He went on to state that design details are very important, and that he believed that
Apple Valley had done a very good job of coming up with design details for its ring route,
Planning Commission Minutes
October 18, 1995
Page 14
but that for the most part private developers have tended to ignore anything beyond the
street right-of--way line and have continued to build structures related only to their parking
lots, and not to the pedestrian connections of the public street system.
Mr. Felkner went on to say that Mr. Jarvis believed that a future need for residential
development would include small lot single family development (less than 5,000 square feet)
in order to address the empty nester market. Not all empty nesters will be interested in
moving into townhome developments, and these small lot single family developments with
their attendant smaller single family detached homes will meet that need.
Rick Kelley said that he had participated in the Metro Council Meeting in
Rosemount and also found Mr. Jarvis's remarks interesting. He stated that because Cedar
Avenue and County Road 42 are two major intersecting highways carrying very high volumes
of traffic, it would probably not be realistic to expect that the City's ring route system could
completely knit the downtown together with pedestrian access. However, he does feel that
each quadrant could be better knit together with pedestrian connections; some of the Cit}~s
downtown development guidelines address this issue.
Commissioner Gowling noted that as part of the Fischer Market Place development,
it had been requested to see a site or neighborhood plan. that indicated the relationship of
High School No. 4 to the proposed. development. She said that she would like to see similar
neighborhood maps prepared for all projects proposed in the community in order to get a
better handle on what exists adjacent to those developments..
8. OTHER BUSINESS
Rick Kelley reminded the Commissioners that there is an informal meeting scheduled
for October 25, 1995 at 6:00 p.m. A box lunch will be provided for dinner.
9. ADJOURNMENT
MOTION: Member Blundetto moved, seconded by Member Nagler, to adjourn the
meeting. The motion carried 7 - 0. The meeting adjourned at 10:04 p.m.