HomeMy WebLinkAbout07/17/1996CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
July 17, 1996
1. CALL TO ORDER
The City of Apple Valley Plamiing Commission meeting was called to order at 7:05 p.m. by Vice
Chao Karen Edgeton.
Members Present: Karen Edgeton, Frank Blundetto, Diane Nagler, and Marcia Gowling.
Members Absent: Alan Fellrner and Paul Oberg.
Staff Present: Rick Kelley, Tom Lovelace, Kathy Bodmer, Keith Gordon, and Mike Dougherty.
Others Present: See the sign-in sheet.
2. APPROVAL OF AGENDA
Vice Chair Edgeton asked Staff and the Commission members if they had any changes or
revisions to the draft agenda. There being none, she called for its approval.
MOTION: Member Blundetto moved, seconded by Member Nagler, to approve the dra$ agenda
as submitted. The motion carried 4 - 0.
3. APPROVAL OF JUNE 19, 1996 MINUTES
Vice Chair Edgeton asked Staff and the Commnission members if they had any changes or
corrections to the draft minutes which were included in the packet. Commissioner Gowling noted that on
page 11, the vote on the motion on the Vohner garage variance was missing. This particular motion had
carried unanimously.
Also, Commissioner Blundetto noted that on page one, he had been erroneously identified as both
the maker and the second of the motion to approve the agenda. It was noted that Commissioner Gowling
had actually made the motion.
MOTION: Member Gowling moved, seconded by Member Blandetto, to approve the minutes as
corrected. The motion carried 4 - 0.
4. CONSENT ITEMS
-None -
5. PUBLIC HEARINGS
A. North Star Industrial Park 3rd Addition
Vice Chair Edgeton opened the public hearing with the standard remazks. Assistant Planner
Kathy Bodmer introduced herself and presented the proposal. This project is located on the east side of
Johnny Cake Ridge Road, just south of future 147th Street.
Planning Commission Minutes
July 17, 1996
Page 2
The proposal is to consider a preliminary plat to subdivide the property for up to six lots for light
industrial uses, and to provide for the extension of 147th Street. The property is currently designated on
the Comprehensive Plan for limited industrial uses, and is also zoned I-1 for Limited Industrial purposes.
Ms. Bodmer stated that representatives of City Staff had met with representatives of the adjacent
residential neighborhood on July 16th. She noted that the issue of the location of 147th Street along the
north boundary of the industrial park, and immediately adjacent to the reaz lot lines of the single family
homes, caused substantial concern to those residents. She said the issues of safety and noise were raised.
Ms. Bodmer noted that the 147th Street alignment would provide afour-way intersection at
Johnny Cake Ridge Road for the future extension of 147th Street to the west. The road alignment on the
west side of Johnny Cake Ridge Road needs to be as far north as possible in order to accommodate the
needs of the current property owners from which the right-of--way would be acquired; the Williams
Brothers Tank Farm and the North Star Concrete plant.
In addition, because the new High School Number Four and City Athletic Complex would be
constructed immediately adjacent on the north side of the road, needed access to this road from those
facilities would also be provided.
Finally, Ms. Bodmer noted that while the preliminary plat shows up to six lots, the final plat may
actually provide for a fewer number of lots if the end users need more property for their facilities.
Dave Ericksmoen of VenStaz Corporation then approached the Commission. He stated that they
are the property owner, and that he had nothing further to add to the City Staff presentation. They have
worked with Staff on this proposed development, and he is present this evening to answer questions.
Commissioner Gowling asked what the use of Lot 1, Block 2 would be in the northeast corner of
the site.
Mr. Ericksmoen stated that in his opinion it would be somewhat difficult to develop this lot
because of the configuration of the existing pipeline easement. He stated that they are considering the
possible sale of this property to a multifamily developer, although no one has approached them at this
point.
Commissioner Blundetto asked the City Attorney if the City might be creating a possible hardship
situation if it approves a preliminary plat containing a lot which would have to receive variances in order
to be built upon.
Mr. Dougherty listed the variance criteria prescribed by City ordinance and State statute.
A general discussion ensued considering the possible use of this lot.
Commissioner Edgeton asked the City Engineer to comment on the alignment of Everest Avenue
and the curvature in the road. Keith Gordon stated that the curve on Everest Avenue is a 35 mile per
hour design and is acceptable in a light industrial azea.
Commissioner Gowling asked Staff if there was a specific concern that they had over the
triangular shape of Lot 1, Block 2, in the northeast corner. She specifically wanted to know what could
possibly fit on that lot.
Planning Commission Minutes
July 17, 1996
Page 3
City Attorney Mike Dougherty noted that it would probably be appropriate to show an
"envelope" of setback requirements to indicate how much of the lot would actually be buildable to get a
feel for the size of the buildings that could be wnstmcted there without variances. This would be
prepazed for the nest Planning Commission meeting.
Commissioner Nagler asked how much traffic would be expected on 147th Street. Gordon stated
that it would carry between two and four thousand trips per day.
Vice Chair Edgeton asked Bodmer if she had any additional comments or concerns over the
proposal before the Commission this eve^1°g. Ms. Bodmer stated that they had all been addressed.
Vice Chair Edgeton then opened the public hearing up to audience comments.
Dick Fontaine of 14655 Europa Way approached the podium. He stated that the proposed layout
benefits the developer, not the adjacent residents. He noted that the lot in the northeast corner does haue a
pipeline easement over it, and if it can't be built upon, no one would buy that lot. He stated that when he
purchased his home, he was told that the adjacent property would be used for either light industrial or
residential purposes. He asked what the speed limit of 147th Street would be.
Gordon noted that the road is being designed fora 30 mile per hour speed limit.
Mr. Fontaine stated that he did not think that motorists would observe a 30 mile an hour speed
limit, and that the roadway system would not accommodate the high school currently under constmction
on the other side of Johnny Cake.
Cheryl Cabak of 5980 144th Street approached the podium. She. stated. that her backyard would
abut the proposed roadway, and does not believe it will be safe for children. She said that there is already
a large amount of truck traffic on Johnny Cake Ridge Road, and thinks that if 147th Street was offset on
both sides of Johnny Cake, the City could install three-way stop signs at two separate intersections and
slow down the traffic. She said she would prefer to have her home backing up to a limited industrial
building instead of a road.
Don Sweene of 14442 Everest Avenue said that there are lots of young children living in their
neighborhood. He said that he believed the original plan was to have a 147th Street further to the south
and not abutting the rear yards. He said that with the new high school under construction, there will
ultimately be more traffic and having 147th Street at this location would just make it worse. He thinks
that this would depress their property values. He asked if the residential lots that would back up to the
proposed street would have to be assessed for a portion of its construction cost. He was informed that the
single family lots would not have to pay for any portion of the street construction.
He noted that he was told that if the road was located further to the south, it would parallel and
be on top of the pipeline easement, which evidently the pipeline company does not want. He said that if
the pipeline company objects to that it should simply be too bad for them and the City should install it
there anyway.
Commissioner Edgeton asked Kathy Bodmer to have information at the next meeting concerning
the center line distance between existing 144th Street and proposed 147th Street.
Planning Cornmission Minutes
July 17, 1996
Page 4
Mark Halterman of 1870 144th Street approached the podium. He said that when they purchased
their home, they expected that light industrial buildings would be constructed backing up against their
property.
Jim Olson of 14466 Everest Avenue approached the podium. He said that his home is located
adjacent to the triangular shaped lot in the northeast corner. He stated that it was his belief that this
property was all intended for light industrial, and now he heard that multifamily units might be
constmcted there. He said that with the new high school constmction, and with the bus garage located to
the south in the industrial park, that there would be a lot of additional bus traffic onto 147th Street, and
wants this factored into the estimated traffic. He thinks it is unrealistic fora 30 mile per hour speed limit
to be able to be maintained here. He said that there are not enough parks in their neighborhood, and that
they do not consider the play fields and athletic complexes as serving their neighborhood needs.
Suzan Ford of 5924 144th Street approached the podium. She stated that she was concerned
over the possible decline in their property values if a road is constructed. along their rear lot line. She said
there is already an awful lot of noise generated from the traffic on Johnny Cake Ridge Road, and that this
street would just add to the noise levels. She thinks the City does not do a good enough job monitoring
and controlling the speeds of traffic along Johnny Cake.
Commissioner Edgeton asked Kathy Bodmer to provide information at the neat meeting on how
speed limits are set on City roads.
Commissioner Edgeton asked City Attorney Mike Dougherty how questions of possible decline in
property values are used by the City in evaluating development requests.
Mr. Dougherty stated that issues of property values are only one factor used in the City's overall
decision making process on a development request.
Commissioner Blundetto noted that evaluating proposed land uses is the primary charge of the
Phnming Commission, and that property values are ultimately based on overall City development
patterns, not on one specific lazed use.
Dick Fontaine of 14655 Europa Way asked if this would be a four lane road.
City Engineer Keith Gordon stated that it would be a four lane road.
Julie Hansen of 5962 144th Street approached the podium. She said that their property backs up
to this road, and that she currently has a home daycare operation. She has a big problem with the road
location due to possible safety issues with her daycare children.
David Hansen of 5962 144th Street asked why the road has to go in in accordance with the plan
being displayed this evening, as opposed to the tentative street alignment illustrated on the City street
maps.
Commissioner Blundetto noted that the outcome of this hearing process and the City's decision
will determine the location of the road.
Vice Chair Edgeton noted that the City street map simply shows a dashed line and that the street
map is not drawn to an engineering scale.
Planning Commission Minutes
July 17, 1996
Page 5
An unidentified member of the audience stated that he called somebody at North Star Concrete,
and that the people there did not know anything about 147th Street being placed on the north boundary of
their property.
Dave Ericksmoen of VenStar approached the podium. He said that VenStar Corporation and
North Star Concrete are essentially one and the same corporations. He said that VenStar is the arm of the
company that does land development, while North Star simply produces concrete pipe and other concrete
products. He said that on behalf of the North Star arm of the company, it is very important for them to
have the road on their very northernmost boundary in order to provide for possible expansion of the
concrete plant.
Cheryl Cabak of 5980 144th Street again emphasized that issues of safety for school aged
children is her primary concern.
An unidentified member of the audience asked who will end up paying for this road installation.
Keith Gordon, the City Engineer, stated that VenStar would pay for the installation of the road.
Ongoing maintenance of the road would be accommodated by the City. Such things as seal coating and
curb repair are not specially assessed back to abutting property owners in accordance with City policy. It
is paid out of the general taxes.
Tom Staloou of 14375 Eveleth Avenue said he thinks the alignment for 147th Street should be
centered in the middle of the undeveloped properly so that there could be more usable lots on both sides of
the road.
Joyce Halterman of 5870 144th Street said that. a 30 mile per hour speed limit on this road won't
work. People already speed along the streets in their area.
Vice Chair Edgeton asked Staff to explain the City's reasoning on having afour-way intersection
at 147th Street and Johnny Cake as opposed to having offset intersections.
Assistant Planner Kathy Bodmer said that traffic control would only be possible with afour-way
intersection, not with athree-way intersection.
Cheryl Cabak of 5980 144th Street said she thinks three-way stop signs are better than four-way
stops.
Commissioner Blundetto asked Staff and the developer to evaluate the possibility of placing the
curved portion of 147th Street on the west side of Johnny Cake Ridge Road to allow this plat to have
147th Street in the middle of it with industrial lots on either side.
Ralph Brostrom of 14687 Europa Way in the Mistwood Townhome neighborhood asked when
this portion of 147th Street would be installed. He stated that he would be in favor of it being constrncted
if it goes straight across.
Dave Ericksmoen of VenStar said that the road would not be constructed until a clear
development or sales opportunity for a light industrial user comes forward.
Planning Commission Minutes
July 17, 1996
Page 6
City Engineer Keith Gordon stated that if it is desired to put the road in as soon as possible, the
eazliest construction could start would be the fall of 1996 with completion sometime in late spring or
early summer of 1997.
Jim Olson of 14467 Everest Avenue said the separation of 144th Street to 147th Street as
proposed is too short. He thinks it is 200 feet or less.
There being no further audience comments, Vice Chair Edgeton closed the public hearing with
the standard remarks. She noted that there would be no action this evening, and the next Planning
Commission meeting at which the item would be considered is on August 7th.
Vice Chair Edgeton then called for a recess at 8:01 p.m. Vice Chair Edgeton reconvened the
meeting at 8:07 p.m.
6. LAND USE/ACTION ITEMS
A. Heartbeat Dance Studio
Assistant Planner Kathy Bodmer presented the item for which a public hearing for a conditional
use pemut was held at the previous Planning Commission meeting. The site is a vacant lot located at
7661 145th Street West, which is the north side of 145th Street, directly opposite the intersection of
Granada Drive.
She discussed the proposed building materials which consist of a combination of burnished
amcrete block, and a precast stone panel. The front and rear elevations have been revised somewhat by
adding three courses of the burnished block along the bottom to give it more of a residential look. This
would be consistent with the adjacent commercial buildings on the north side of 145th Street.
Vice Chair Edgeton asked about the east and west building elevations which have not been
modified. She thinks that they look somewhat "industrial."
Kathy Bodmer noted that there is some relief on those sides with the bumped out piers beneath
the small windows.
Commissioner Nagler asked if the landscaping indicated a single tree species on the site.
Kathy noted that they would all be sugar maples of a 1-1/2 inch diameter, and that the 2-1/2
percent minimum landscape value would be met.
The project proposer, Deb Lyshohn, approached the podium and said that she was available to
answer any further questions on her proposed project.
There being none, Vice Chair Edgeton stated that she would entertain a motion.
MOTION: Member Blundetto moved, seconded by Member Gowling, to recommend approval
of the conditional use permit and the site plan building permit authorization. The motion carried 4 - 0.
Planning Commission Minutes
July 17, 1996
Page 7
6B. Consolidated Real Estate Company Otilice Building Setback Variance
Community Development Director Rick Kelley presented the item. He noted that in the spring of
1995 the Planning Commission had previously recommended approval of a site plan and building pemut
authorization for a combination of a 10,000 squaze foot daycaze, and a 5,700 squaze foot office building
on this development site.
While the daycare is now complete and open for business, the developer had not proceeded with
the office building because the primary tenant had withdrawn from the project, and the developer waited
until a replacement tenant was selected in case changes to the building design or elevation were desired by
that new tenant.
During the grading and developmem of the shared parking areas and landscaping, it was
discovered that the pipeline on the northeastern portion of the property was in a different location and was
much shallower than expected. This resulted in changes to the site development in that the existing shell
of the elevation of the pipeline had to be maintained and a retaining wall constructed for some distance
along the northeastern lot line. This removed 18 parking stalls from the overall site plan as previously
approved.
Because the number of parking stalls on site had been reduced, the developer has now reduced the
size of the office building to 3,680 square feet. However, even with the reduced building size, the
reconfigured parking lot has forced the developer to slide the building somewhat closer to the street
intersection of Glenda Drive and 143rd Street.
Instead of the standard 30 foot setback, the site plan before the Commmission this evening has a 20
foot setback to both of these roads.
Mr. Kelley noted. that 144th Street is currently stopped at Glenda Drive. 1n addition, because of
the curvature of the road in Glenda Drive, a vehicle sitting at the stop sign is projected somewhat out
from the corner of this lot. The end result is that site distances at this intersection would not be impaired
by a 10 foot reduction in the building setback.
Mr. Kelley noted that the developer is here this evening if the Commissioners have any questions
of him concerning the revised site plan or the variance request.
MOTION: Member Gowling moved, seconded by Member Blundetto, to recommend approval
of the 10 foot setback to Glenda Drive and 143rd Street for the Dakota Business Center Office Building
by Consolidated Real Estate Company due to the hardship created by the existence of the pipeline
easement. The motion carried 4 - 0.
DISCUSSION ITEMS
-None -
8. OTHER BUSINESS
Community Development Director Rick Kelley reminded the Commissioners that a work meeting
has been set for Wednesday, July 31st, 1996 at 7:00 p.m. The main purpose of this meeting is to meet
jointly with the Urban Affairs Committee to evaluate the draft regulations for adult entertainment uses.
Planning Commission Minutes
July 17, 1996
Page 8
Mr. Kelley noted that because this will be a work meeting, no formal actions can be taken that
night. Because of this, he asked the Commission to set a public hearing for the August 21st meeting to
consider the adult entertaimnent ordinance.
MOTION: Member Blundetto moved, seconded by Member Gowling, to set a public hearing for
August 21st to consider an amendment to the zoning ordinance concerning adult entertaimcient uses. The
motion carried 4 - 0.
9. ADJOiIRNMENT
MOTION: Member Blundetto moved, seconded by Member Gowling, to adjourn the meeting.
The motion carried 4 - 0. The meeting adjourned at 8:25 p.m.