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HomeMy WebLinkAbout12/04/1996CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES December 4, 1996 1. CALL TO ORDER The City of Apple Valley Pluming Conunission meeting was called to order at 7:02 p.m.. Members Present: Alan Felkner, Diane Nagler, Paul Oberg, Marcia Gowling, and Joe McNamaza. Members Absent: Frank Blundetto and Karen Edgeton. Staff Present: Rick Kelley, I{athy Bodmer, and Mike Dougherty_ . Others Present: None. 2. APPROVAL OF AGENDA Chair Felkner asked Staff and the Cotruvission 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 Oberg, to approve the agenda as submitted. The motion carried ~ - 6. 3. APPROVAL OF NOVEMBER 20, 1996 MINUTES Chair Felkner asked Staff and the Caminission members if they had any changes or corrections to the draft minutes submitted in the packet. There being none, he called for their approval_ MOTION: Member Oberg moved, seconded by Member McNainaza, to approve tlra minutes as submitted. The motion carried ~ - 0. 4. CONSENT ITEMS - None - 5. PUBLIC HEARINGS A. Zoning Ordinance Chair Felkner opened the public hearing with the standard remarks. He noted that this is a City generated public hearing for winch Staff would be makiig the complete presentation. Cornrnunity Development Director Rick Kelley presented the item. He noted that the proposed revisions to the City's connnercial zoning districts was requested to be evaluated by the City Council. Mr. Kelley then revie~~-ed the proposed changes as outlined in his memo to the Conunission by displaying a series of overhead transparencies that contained the revised language iu the ordinance. Essentially the preamble and intent language of each ofthc commercial zoning districts was being revised to reference the goals and policies of the City's Comprehensive Plan. Some shifting Planning Commission Minutes December 4, 1996 Page 2 either permitted or conditional uses have occurred, as well as the inclusion of a few additional uses in the varying commercial zoning districts Also, where appropriate, some consolidation has taken place. Commissioner Oberg asked if it might be possible to include in the preamble and intent section of each commercial zoning district a more exhaustive listing of the characteristics of the types of businesses that might be included there. Accordingly, then the actual listing of the specific uses could be reduced, or perhaps even eliminated. A general discussion ensued concernng the different types of characteristics intrinsic to different forms of businesses, and how those might be placed in a zoning ordinance. Mr. Kelley noted that a different form of zoning ordinance, knoR~n as "perfonuancc zoning" allows any use to be established anywhere, as tong as it can meet certain performance standards h~ terms of buffering and screening to assorted adjacent uses. Mr. Kelley noted that this has not been a very popular type of zoning ordniance, and he is not aware of any communities in Minnesota which have adopted it. City Attorney Mike Dougherty noted that it is important for the zoning regulations to be as articulate as possible in order for it to be valid. A simple listing of business characteristics in each zone would not be sufficient, in his opinion. Another general discussion ensued concerning the type of language selected in the zoning ordinance and the listing of permitted and conditional uses. It was noted that many of these listed uses are open to interpretation, and often either a property owner, commission member, or council member may have a differerrt opinion. Rick Kelley noted that these types of discussions mid differences of opinion or interpretation is something that must be expected. In the end, that is the purpose of having a Planning Commission and City Council to make these types of determinations. It is simply not possible to create an exhaustive and comprehensive list with expbcit definitions. There being no further discussion on this item, and no one present in the audience to address the Commission, Chair Felkner closed the public hearing ~~th the standard remarks. Action will not be taken until a subsequent meeting. SB. Comprehensive Plan Aviatimt Chair Felkner opened the public hearing with the standard remarks. Assistant Planner Kathy Bodmer explained the proposed amendments to the City's Transportation Chapter concerning aviation. Ms. Bodmer noted that the City's Comprehensive Plan must be consistent with the metropolitan regional plans and systems for the four primary areas for which the Metropolitan Council are responsible. These are waste water services, transportatioiL parks/open space, and airports. The public hearing for the proposed amendment this evening is necessary because of the conclusion early in 1996 of the "dual track" airport study. Since it has been decided that the existing airporC will be expanded, fl1e City must evaluate its Comprehensive Plan and make appropriate changes and acknowledgment of that decision. The update must be complete withv~ nine months that the City receives notice of the conclusion of the dual track process. Planning Commission Minutes December 4, 1996 Page 3 Ms. Bodmer displayed a series of overhead transparencies, which indicated in general the location of a new north south runway at the existing Minneapolis/St. Paul International Airliort that parallels the Cedar Avenue expressway. The addition of this nmway creates new noise contour lutes for wlilch communities potentially impacted by that noise must plan. The new noise contours do not reach Apple Valley, so the City does not have to make any specific adjustments to its land use plans. This does not mean, however, that City residents will not be aware of more aircraft noise. With the addition of the new north south runway, there will be additional air traffic over the City, but the noise generated from those aircraft will be below the accepted levels. Other ailments of the City's Comprehensive Plan which must be adjusted include one regarding general aviation air space protection via the identification of structures, either existing or proposed, in excess of 500 feet in height. Since the City does not allow structures of this height, this does not result in any changes to the plan. The other aviation facilities located in the City, however, must be identified. 77rese include the FAA radar dome on Howell Path at Hannibal Circle. Because there is a microwave relay length between this facility and the Farmington facility, the City must note the existence of this transmission corridor and prevent any stmcture from being placed at a level of approxhnately 200 to 300 feet above the ground, which could Interfere with the link. Also, Alimagnet Lake has been designated by the Minnesota Department of Transportation as a sea plane lake. Fnially, Ms Bodmer suggested three new policies be adopted to replace what is currently in the Comprehensive Plan regarding aviation. 1) The City should continue to monitor impacts generated by the ea'pausion of MSP International Airport. 2) The City should encourage the contniued replacement of stage two aircraft with stage three aircraft. 3) In conjunction with the anteima ordinance, the City will establish appropriate regulations withh its legal authority to prevent interference with the radar dome ncrowave link. Commissioner Nagler asked what implications there might be over havhg Lake Alimagnet designated as a sea plane lake. Ms. Bodrner noted that slice the area surrounding this lake is already built up, it does not seem likely that any type offaeility would ever be constmcted to service sea planes. Commissioner McNamara asked about the projection of the microwave link to the FAA radar dome. Ms. Bodmer noted that the specific line of site corridor has not been identified, but it is relatively narrow. She stated that iu discussing tllis issue with the local FAA personnel, they would slzy~ly like to have the opportunity to review and comment on any proposed structure greater than 200 feet in height. Planning Commission Minutes December 4, 1996 Page 4 Chair Fellrner then closed the public hearing with the standard remarks. He noted that because this item needs to be acted upon by the end of the year, he would consider a recommendation this evening since there were no public conmients. MOTION: Member McNan~ara moved, seconded by Member Gowling, to recommend approval of the draft aviation anlendments to the City's Comprehensive Plan. The motion carried 5 - 0. This item will appear on the December 12, 1996 City Comicil meeting. 6. LAND USE ACTION ITEMS A. Holiday Station Ms. Bodmer noted that the petitioner had requested this item be tabled until revised plans are prepared acid submitted to the Commission. 7. DISCUSSION ITEMS - None - 8. OTHER BUSINESS -None - 9. ADJOURNMENT MOTION: Member Gowling moved, seconded by Member Nagler, to adjourn the meeting. The motion carried 5 - 0. The meeting adjourned at 7:4A p.m.