HomeMy WebLinkAbout07/15/2009CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
JULY 15, 2009
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair Churchill at
7:00 p.m.
Members Present: Jeannine Churchill, David Schindler; Tom Melander, Ken Alwin, Tim Burke
and Keith Diekmann
Members Absent: Frank Blundetto
Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace,
Associate City Planner Kathy Bodmer, City Attorney Sharon Hills, Assistant City Engineer David
Bennett and Department Assistant Barbara Wolff
2. APPROVAL OF AGENDA
Chair Churchill asked if there were any changes to the agenda. Hearing none she called for a
motion.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke, to approve the
agenda. The motion carried 6-0.
3. APPROVAL OF MINUTES OF .TUNE 17, 2009
Chair Churchill asked if there were any changes to the minutes. There being none, she called for
approval of the minutes.
MOTION: Commissioner Melander moved, seconded by Commissioner Burke, to recommend
approval of the minutes of the June 17, 2009, meeting. The motion carried 5-0. Commissioner
Alwin abstained.
4. CONSENT ITEM
--NONE--
5. PUBLIC HEARING
A. Fischer Sand and Aggregate Rezoning -Consideration of rezoning of property
from "SG" (Sand and Gravel) to "M-3" (Multiple Family Residentiall3-6 units
per acre), "M-6" (Multiple Family ResidentiaU6-12 units per acre) and "P"
(Institutional).
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City Planner Tom Lovelace stated the petitioner is requesting the rezoning of 121.8 acres of
property, generally located in the southeast comer of Pilot Knob Road and CSAH 42, from "SG"
-(Sand and Gravel) to low and medium density residential uses, and institutional uses, generally
consistent with the City's Comprehensive Plan. More specifically, the petitioner is requesting a
rezoning of 79.66 acres to "M-3" (Multiple Family RsidentiaU3-6 units per acre), 36.8 acres to "M-6"
(Multiple Family RsidentiaU6-12 units per acre), and 2.77 acres "P" (Institutional), with the remaining
property being major road right-of--way. The site consists of two unplatted parcels, which are
currently being reclaimed from a sand and gravel mining operation.
Approximately 2.2 acres of the site located at the northeast comer of Dodd Boulevard and Eagle Bay
Drive is designated "NS" (Neighborhood Services) on the Comprehensive Plan's 2020 Land Use
Map. This "NS" area is a remnant of a larger area that included three acres ofproperty located at the
southeast comer of Dodd Boulevard and Eagle Bay Drive. In 2001, this property's designation was
changed from "NS" (Neighborhood Service) to "P" (Institutional) with the intention that this parcel
would be combined with Apple Valley East Park, an 11.6-acre public park located to the east. In
2006, the property's Comp Plan designation was changed from "P" to "MD" (Medium Density
ResidentiaU6-12 units per acre) as part of a townhome development proposal that received
preliminary plat and site plan building permit authorization approval but never received final plat
approval. The applicant is proposing that the remaining 2.2 acres of "NS" property be rezoned for
low density residential uses.
The draft 2030 Comprehensive Plan Land Use Map has designated the 2.2 acres "LD" and not
"NS". The 2030 Plan is currently being reviewed by the Met Council and therefore, has not been
formally adopted by the City Council. The timing of this zoning request and final approval and
adoption of the 2030 Comprehensive Plan Update is important because if the rezoning for the
portion of the site. guided "NS" comes, before the City Council for approval prior to approval of the
2030 Plan, it will be necessary to submit a minor comprehensive plan amendment re-designating the
"NS" property to "LD", consistent with the rezoning.
The Comp Plan requires the submission of master plans for development that address buffering,
access, parking/transit facilities, exterior building treatments and the manner in which the
development fits with planned land uses of adjacent properties, which among other things,.
encourages the use ofnon-traditional development techniques in residential neighborhoods. If a
development request would occur on a portion of the site, an overall plan for all the property would
need to be submitted. Also, there is some concern that the proposed rezoning to two standard
mulfiple family zoning districts may limit the ability to incorporate non-traditional techniques into
development of the site.
The rezoning of the "LD" designated property to "M-3" is inconsistent with goals set forth in the
Comprehensive Plan that indicates that. development should be compatible with adjacent
development, which in this case consists of single family homes located directly east in the Prairie
Crossing development; and that single family detached dwellings will represent the majority of
units within the three areas of "LD" in the South Central Planning Area.
The property proposed. to be rezoned "P" is expected to be used for the expansion of the Lebanon
Cemetery. The draft 2030 plan identifies a future neighborhood park within this 122-acre site.
Therefore, additional land may need to be rezoned for that use.
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Lovelace asked for comments or questions from the Planning Commission.
Chair Churchill asked if the Metropolitan Council gave any suggestions for developers if they want
to proceed before the Comp Plan is approved.
City Planner Tom Lovelace stated he believes the Metropolitan Council's message for all
metropolitan communities is, "Get the plan completed." Lovelace also commented that the City of
Apple Valley is very close.
Commissioner Diekmann asked what the average units per acre of the low density housing in
Cobblestone Lake and the development to the east of the site are.
Lovelace stated that Cobblestone Lake is up to 6 units per acre and Prairie Crossing is a mix of
single family housing and townhomes and that is close to 6 units per acre also.
Commissioner Melander asked if the applicant plans to provide for any single family homes within
the development.
Lovelace said there is opportunity to provide M-1 zoning, which allows for multiple family
housing, but will also allow single family housing. The expectation is that Easter Avenue would
extend south from County Road 42 and possibly line up with Eagle Bay Drive on the south side of
the site. The M-1 zoning would possibly be within the general vicinity of Easter Avenue, providing
the single-family component needed adjacent to the Prairie Crossing development which has single
family housing backing right up to the site.
Chair Churchill asked thepetitioner if he would like to address the Planning Commission.
Mr. Tony Gleekel, representing Palm Realty and Fischer Sand and Aggregate, stepped forward to
address the Commission. He stated that neither Pahn Realty nor Fischer Sand and Aggregate are
the developer of the property. There is a prospecfive buyer for the land-and the developer has been
in contact with City staff. Mr. Gleekel stated that the developer will have to submit a master plan
and go through the process with the City. Easter Drive will more than likely extend through the
development and this will be used as a buffer to the single family homes located in Prairie Crossing
which is directly east of the property.
Mr. Gleekel commented that the Lebanon property and the potential for this to be expanded into the
cemetery has been discussed between the Fischer family and the City for years. That negotiation
will take place at the appropriate time. In regards to the park and the 2030 Comprehensive Plan; it
will flesh itself out during the master planning process, although it's not going to be 20 acres. It's
hard to forecast what it will be without a plan yet.
Mr. Gleekel stated that the reclamation process is basically finished; anything remaining would be
to prepare the land for sale. He said he has spoken with the City Attorney about terminating the
conditional use permit on the 120 acres since it's a title issue now. So, the land is being readied for
development of residential. There is also a tax classification issue that they are dealing with the
assessors. They want to make it clear that it is a residential property that is ready for development.
Chair Churchill opened the public hearing to comments from the audience.
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Ron Kohls, 15564 Eagles Nest Way, approves converting the gravel mining to residential zoning of
M-3 and M-6. He is in support of the transition.
Alan Kohls, 15634 Eazly Bird Circle, said that he would like to see the neighborhood blended
together with Cobblestone Lake development and also the cemetery. The proposal has his support.
John Mashopulos, 14835 Endicott Way #27, lives just north of County Road 42 and Lebanon
Cemetery. He asked what will happen at County Road 42 and Embry Path.
Lovelace responded that the County has spacing guidelines which allow for access onto their county
roads:
• 1/8 mile access -right-in, right-out
• '/ mile access - 3/ turn; which allows for a left turn in, right turn out and right turn in
• '/z mile and 1 mile access -full intersection
Lovelace stated that the full intersection will take place at County Road 42 and Easter Avenue.
Probably in the future there would be some sort of restricted access at County Road 42 and Embry
Path.
Mr. Mashopulos commented that he would like to see the future Embry Path, south of County Road
42, as a right turn only and even aone-way street.
Lovelace said that Embry Path is an important two-way roadway system. The County will see what
is appropriate to maintain flow on their roadway system and the City will also see what is needed
for vehicle traffic and maneuvering within the development.
Mr. Mashopulos said there will need to be more entrances off of Pilot Knob Road into the
development.
Lovelace responded that there are expectations that there will be accesses off of Pilot Knob Road.
Currently there is one cut-in and also alert-turn lane for a future entrance. There is a full access at
155th Street West which has been extended. City staff is always looking for multiple accesses to
provide areas to move in and out of the neighborhoods.
Tia Radant, 15207 Dundee Avenue, lives in Prairie Crossing and she is in general support of
residential on the land. She would like to see the M-1 zoning buffer between the mature
development of Prairie Crossing and the new development. Ms. Radant stated that she likes the
idea'of creating green space. She stated that there is a park to the southeast of 155th Street West, but
this street will become busier over time and it will be hard to access this park. She stated that she
would also like to see green space buffer created between Prairie Crossing and the new proposed
development. Currently, the elevafions vary and she is curious to the transition from the existing,
mature development to the new development. She said she strongly supports the development of
residential with an M-1 zoning designafion along the eastern border of the development. She could
not support an M-3 zoning buffered up next to the Prairie Crossing development.
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Mike Isaak, 15325 Dundee Court, stated that Prairie Crossing is an established single-family
neighborhood directly east of this proposed site with homes priced at $300,000 and up. He is
encouraged by the possibility of the M-1 zoning buffer along the eastern edge of the property.
There is a substantial berm running between the properties. He also is curious as to what would
happen to the berm in the future. He does not support apartments on the southern edge of the site.
Mr. Isaak stated that he could not support the plan as it currently is, although he believes it is
moving in a direction where everyone can have their needs met.
Chair Churchill asked Lovelace if at the time of the mining, the City required berms to separate
residential area from active mining azeas.
Lovelace responded that is correct. The berms around the sand and gravel mining area are the top
soil which was scraped off of the site. The developer will generally reclaim that top soil and spread
it as development occurs. There will be some work with the developer in shaping the transition of
these berms.
Chair Churchill asked if the berms served as storage of top soil and also to protect the surrounding
areas from the active mining.
Lovelace replied that is correct.
Fred Bergacker, 4978 150` Street West, asked when the berms will be removed because they are
full of weeds and thistles.
Chair Churchill stated that the thistles and weeds are not part of the public hearing.
Lovelace responded that City staff can take the complaint about the weeds. He stated that the top
soil on the berms is moved around as development happens, but the berms will remain until
development occurs.
Mr. Isaak commented that although the berms are full of weeds, it is a nice buffer to the sand and
gravel mining area since he is unable to see beyond the berm.
Chair Churchill stated that it was a requirement of mining, that the berms be created between the
residential areas and the active mining, although it doesn't mean that the berms will remain intact.
Ms. Radant commented that her fence sits near the rear property line and hopes that this will be
maintained at the same level of quality and integrity once development occurs.
Chair Churchill stated that is considered.
Mr. Mashopulos asked how many more meetings there will be on this item.
Chair Churchill explained that the public hearing will be closed this evening. There will be another
meeting to discuss all the issues that were brought up this evening. The Commission will work with
City staff and the applicant until the Commission feels that they can make a recommendation to the
City Council.
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Chair Churchill, hearing no further comments, closed the public hearing.
B. Farmer's Market Interim Use Permit -Consideration of an interim use permit
to allow for a farmer's market in a "P" (Institutional) zoning district.
City Planner Tom Lovelace stated the pefitioner is requesting approval of an interim use permit to
allow for the operation of a farmer's market at the Mount Olivet Assembly of God church, located at
14201 Cedar Avenue. The pettioner is proposing to operate the market each Tuesday from 3:00 p.m.
to 6:30 p.m. beginning in late July or early August and mm~ing through October 20a'. The market will
be located in the east parking lot with vendors occupying the east two-thirds of the lot.
Approximately 18 spaces in the east lot would be available for customer parking, as well as all of the
west parking lot.
An interim use permit (LU.P.) is defined as a temporary use of property until a particular date, until
the occurrence of a particular event, or until zoning regulations no longer allow it. The City may issue
an LU.P. if:
• The use is deemed to be temporary in light of the comprehensive guide plan designation
for the property site on which the use is proposed to be located and the use conforms to
the zoning regulations herein;
• The date or event that will terminate the use can be identified with certainty;
• Permission of the use will not impose additional costs on the public if it is necessary for
the public to take the property in the future;
• The user agrees to any condifions that the Council deems appropriate for permission of
the use; and
• The use meets the standards set forth in the zoning regulations herein governing
conditional use permits.
Any approval of an LU.P. for this proposed request should reference an approved site plan and
identify the timeframe for the use, with a date certain for its termination. Staff would propose that the
permit have a termination date of two to three years from the time of approval. This will give staff
time to observe the use and determine if the zoning ordinance should be amended to allow for a
farmer's market as a permitted, conditional, or accessory use within the "P" (Institutional) zoning
district.
The City's traffic consultant reviewed the proposed use for its impact and the report was provided to
the Commission.
Lovelace asked for comments or questions from the Planning Commission.
Chair Churchill asked the petitioner to address the Commission.
Jack Gerten, Director of the St. Paul Growers Association, commented that he represents a group of
farmers that provides the market on the weekends at the City Hall. They are in need of providing a
weekday market for the residents of Apple Valley and this is a great opportunity for them. He
thanked the Commission for their consideration.
Commissioners Melander and Alwin said they support farmers markets.
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Chair Churchill hearing no further comments from the Commission opened the hearing to
comments from the public.
Scott Narveson, 14239 Glencove Trail, commented that he lives directly west of the church and he
supports the proposal, although he thought the pazking lotto the west of the church would be a
better location than the one adjacent to Cedar Avenue. He offers his support with that mild concern.
Chair Churchill hearing no further comments closed the public hearing.
Commissioner Diekmann asked Lovelace how long the interim use permit would be in effect.
Lovelace responded that it is up to the discretion of the Planning Commission, although he
suggested two to three years in his staff report.
Chair Churchill stated that she is in support of the farmers market.
Lovelace added that the intersection of 142nd St. W. and Cedaz Avenue will become a 3/-access in
approximately 2012-2013.
Commissioner Alwin commented that this church is used as a polling place at election time. It gets
congested but is easily maneuvered. He believes that the farmers market would not produce as high
of a volume of traffic He also asked Mr. Gerten how long he would need the interim use permit for
the mazket to become established at that location.
Mr. Gerten replied three years.
Chair Churchill stated that normally an item is not acted upon on the night of the public hearing, but
hearing. no negative comments, she suggested making a motion this evening.
MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, to recommend
approval of an interim use permit through October 31, 2012, provided the petitioner works with
City staff to address any regulations or conditions that the City Council may wish to impose. The
motion carried 6-0.
6. LAND USE/ACTION ITEMS
A. Marx All-in-One Zoning Amendment and C.U.P. - Consider a zoning code
amendment to allow used car sales in conjunction with a major auto repair
facility in the "I-1" (Limited Industrial) zoning district and a conditional use
permit to allow outdoor storage of damaged vehicles.
Associate City Planner Kathy Bodmer stated that the petitioner, Mark Malay, owner of Marx All in
One automobile repair business, wishes to repair and sell the repaired vehicles in the former Vinge
Tile buildmg at 6915 - 146th Street, east of the intersection of Galaxie Avenue and 146th Street. In
order to do that, he is requesting the following actions:
• Amend I-1 (Limited Industrial) zoning district to allow the sales ofused automobiles in
conjunction with a major auto repair facility.
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• Conditional Use Permit (CUP) for outdoor storage of vehicles awaiting repair.
The property is zoned "I-1" (Limited Industrial). Major auto repair facilities are a permitted use in the
zoning district, but the outdoor storage of vehicles requires a conditional use permit. The sale of used
cars in connection with an automobile repair facility is not currently listed as a permitted or
conditional use in the zoning district; the code must be amended to allow the use.
A dra$ ordinance has been prepared that would allow the sale of used cars in conjunction with a
major automobile repair facility as a conditional use. The outdoor storage and/or display of vehicle:
for sale will also require a conditional use permit. The petitioner will need to obtain conditional use
permits for the sale and outdoor display of vehicles before any sales could be conducted on the site.
The purpose statement for the I-1 district states: "Limited industrial districts are areas which ... are
appropriate for manufacturing, warehousing and similar industrial uses having a minimum of
nuisance characterisflcs [emphasis added]."
The petitioner states that his business involves purchasing (primarily at auction) and then refurbishing
damaged vehicles for resale. Part of the petitioner's operation involves purchasing and then removing
parts from vehicles to repair other vehicles. While the primary use of the property will be the repair
of vehicles, staff is concerned that the outdoor storage area may become an Automobile Reduction
Yazd which is defined as, "A lot or yard where one or more unlicensed motor vehicles, or the
remains thereof, are kept for the purpose of dismantling, wrecking, crushing, sale of parts, sale of
scrap, storage or abandonment."
An automobile reduction yard is not permitted in the I-1 zoning district. As long as the outdoor
storage area was used for the storage of generally intact vehicles and not partial vehicles or vehicle
parts, the area would comply with the Code. However, if the outdoor storage area becomes a
storage area for dismantled vehicles and vehicle parts, it would fall under the definition of an
automobile reducfion yard. All partial vehicles and vehicle parts will need to be stored inside the
building.
The petitioner requests a conditional use permit to store vehicles outside that area awaiting repair. A
screening fence is shown to be located around the approximately northern half of the site. The 8 ft.
high fence will be fully opaque and constructed of a maintenance-free material.
A minimum of 18 parking spaces would be required for the auto repair business; the site plan shows
that a minimum of 6 parking spaces would be provided outside of the fenced storage area.
Because the number of parking spaces provided is less than what is required, the petitioner and
property owner will need to execute aproof-of-parking agreement stating that if parking is needed in
the future, the outdoor storage area will be made smaller to allow for additional parking.
The City may place reasonable conditions on a condifional use permit request in order to mitigate
impacts that maybe generated by the use. Bodmer displayed suggested conditions for the draft
conditional use permit.
Similar screened outdoor storage areas for vehicles awaiting repair haue been approved at Dick's
Valley Service, Abra Auto Body, and Apple Valley Collision.
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Bodmer asked for comments or questions from the Planning Commission.
Chair Churchill hearing no comments or questions from the Commission, asked for a motion.
MOTION: Commissioner Melander moved, seconded by Commissioner Burke, to recommend
approval ofthe draft ordinance amending the "I-1" (Limited Industrial) zoning district to allow the
sales of used automobiles provided certain conditions are met in conjunction with a major automobile
repair facility. The motion carried 6-0.
MOTION: Commissioner Melander moved, seconded by Commissioner Burke, to recommend
approval of the draft conditional use permit (CUP) for 6915 146' Street to allow the outdoor storage
of vehicles awaiting repair with conditions. The motion carried 6-0.
7. OTHER BUSINESS
A. Review of the Upcoming Schedule and other Updates
Community Development Director Bruce Nordquist stated he had no updates.
8. ADJOURNMENT
Hearing no further comments from the Planning Staff or Planning Commission, Chair Churchill
asked for a motion to adjourn.
MOTION: Commissioner Schindler moved, seconded by Commissioner Diekmann, to adjourn the
meeting at 8:16 p.m. The motion carried 6-0.
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