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HomeMy WebLinkAbout05/07/1997CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 7, 1997 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order at 7:02 p.m.. Members Present: Alan Fellmer, Frank Blundetto, Diane Nagler, Marcia Gowling, Jce McNamara and Karen Edgeton. Members Absent:. Paul Oberg Staff Present: Rick Kelley, Kathy Bodmer, Tom Lovelace, Keith Gordon and Jim Sheldon. Others Present: Seethe sign-in sheet. 2. APPROVAL OF AGENDA Chair Fellarer asked Staff and the Commission members if they had any changes to the proposed agenda. Community Development Director Rick Kelley stated that SA, the public hearing for the Lyndale Garden Cerrter conditional use permit, had been withdrawn. The petitioner has terminated his purchase agreement on the property and is completely withdrawing his request. There being no other changes, Chair Fellmer called for the amended agenda to be approved. MOTION: Nagler moved, seconded by Gowling, to approve the agenda as amended. The motion carried 6 - 0. 3. APPROVAL OF APRIL 16, 1997 MINU'T'ES Chair Felkner asked Staff and the Couur~issioners if they had any changes to the draft minutes submitted in the packet. There being none, he called for their approval. MOTION: Dowling moved, seconded by Fdgeton, to approve the minutes as submitted. The motion carried 5- Q with I abstention (Blundetto). 4. CONSENT ITEMS -None - 5. PUBLIC HEARINGS A. Prairie Crossing Chair Fellmer opened the public hearing with the standard remarks. Assistant Planner Kathy Bodmer introduced herself as a city staff member responsible for reviewing this project. The proposed project is located on the east border of the city south of County Road 42 and north and west of Dodd Boulevard. The project contains approximately 66 acres on property which is designated on the city comprehensive plan for "low density" (3-6 dwelling units/acre) and which is currernly zoned "agricultural". The proposed rezoning for a plarmed unit development would provide for a mix of housing products plus a small amount of neighborhood commercial on the very eastern portion of the property. This commercial use would require a minor amendmertt to the city's comprehensive plan. Planning Commission Minutes May 7, 1997 Page 2 Bodmer noted that the existing conditions on the property consist of rolling topography, some cultivated land, an existing golf driving range and miniature golf course, and some existing farmstead buildings, all of which would be removed as part of the development. She displayed a series of overhead transparencies which illustrated the location of the property, the comprehensive plan and zoning designation, followed by a layout plan and prelirnirxary plat which illustrated approximately 290 total dwelling units, plus 3 commercial lots. The residential units would be made up of 47 small lot traditional. single family homes, 110 detached townhome or cottage bungalow-type units, and 122 traditional attached townhome and condoxninium/townhome dwelling units. Bodmer went on to note that there would be one public street in the project, which would serve to connect County Road 42 to Dodd Boulevazd. All other roadways would be private streets, which would be constructed to a somewhat narrower standazd than a normal public street. The detached townhome units consisted of both single level bungalows and two-story village homes., All of them would be under a property owner's association for maintenance of the private streets. Nagler asked if on-street panting would be prohibited with these narrow roadways. Bodmer stated that the single public street would be constmcted to a normal 34 foot city standard which would allow for parking on both sides of the street. The private streets, however, would be slightly narrower and parking would be permitted only on one side of those streets. Edgeton asked what the distance of the irrtersection on County Road 42 was from the adjacent intersections. City Engineer Keith Gordon noted that it was on aone-quarter mile spacing, and that it would be constructed as a three~uarter access. Edgeton asked if the county standards were being met by this proposal. Gordon stated that they were all being met as measured from the existing Dodd and County Road 42 intersection. Mike Falk approached the podium and stated that he is the developer for this project. He stated that they believe they have incorporated the issues and design changes raised from their sketch plan review several weeks ago before the Commission, and hopes that he will be able to answer all questions and concerns of the Commission and those brought up by the adjacent residents, for which they held a neighborhood meeting the previous week. He stated that their development plan attempts to provide for lifecycle housing tluough a planned unit development approach, as well as meeting the daily commercial and service needs within wanting distance of the new housing routs. He also noted that their plan provides for extensive pedestrian connections oriented towazd a village green separating and buffering the commercial azea from the future residential units. He noted that the surrounding properties are mostly developed on the north, south and east of the development site, with a sand and gravel mining operation pemxitted on the west, although the mine activity had not yet approached their common border. Falk stated that at the sketch plan they were proposing a total of 314 total dwelling units, and that they have now reduced this by 24 for a total of 290 dwelling units. He stated that they have some additional design standazds that they would impose on commercial buildings in order for the design and use of the property for commercial purposes to be compatible with the residential uses. He noted that the plan provides for installation of a trail along Dodd Boulevazd, and that a fixture railway along County Road 42 adjacent to the site would also be accommodated. Falk stated that the initial sketch plan anticipated a development conralnl a all private streets, but that based on input from the city, they had detemuned that one through public street Planning Commission Minutes May 7, 1997 Page 3 constructed at a normal 34-foot wide standard would be constructed to serve as the spine upon which the development would front. Falk noted that the attached housing is also being provided with an additional one-half parking stall per dwelling unit for overflow guest pazking in addition to the garage spaces and the spaces directly in front of the garages for the occupatrts of the buildings. Falk went on to state that the Dakota County Highway Department has required them to illustrate a 100-foot wide one-half rightof--way dedication for County Road 42, and disallowed the right-tum only access into the commercial area. Consequently, the commercial azea now shows a shngle driveway access out to Dodd Boulevazd on the south. In addition, the Dundee Avenue access to County Road 42 would now be a thrce~uarter access rather than a full access intersection. Falk noted that the cul-de-sac in the northwest corner has now been extended to provide a potential access to the existing homestead parcel. Similar access to an alternate public street is being provided to the central homestead parcel via a narrow strip that would run out to the new Dundee Avenue. In both cases, these alternate accesses are intended to provide for the eventual termination of the existing private driveways from those homesteads onto County Road 42. Falk noted that the County had initially requested him to provide a 60-foot wide one-half right-of--way dedication for Dodd Boulevard, but the city's standazd for such a neighborhood collector would require only a 40-foot wide one-half right-of--way dedication. Because Dodd Boulevazd is intended to be fumed back to the city to become a city strcet, the County has indicated it will approve such a narrower 40-foot wide dedication provided that the tumback process is commenced by the city in the immediate future. Falk noted that while the County had at first requested a public street access out to the undeveloped property on the west boundary, the fact that this area will eventually be mined for sand and gravel deposits, and will contain a relatively steep slope mrming downwazd from the Prairie Crossing property to the undeveloped property, a street connection with acceptable grades is not possible. Falk stated that they did have a neighborhood meeting with the adjacent residerrts the previous week, and that the biggest concem appeared to be the use of a portion of the property for neighborhood convenience uses, and especially a gas station use. Falk stated that he believed the previous issues raised by the Commission have been addressed. In particular, the street width issues have been satisfactorily addressed, and that the greenspace requirements illustrate that a total of 70% of the existing site will be retained as green and open space when the Outlot B area, containing the pond, is included. Falk, however, did concede that the project is broken down into individual areas. The higher density "villas" do not meet the city standard of 60% of grcenspace. He stated, however, that they believe the total project area in this planned unit development should be wnsidered to be one neighborhood, and that the grcenspace requirement should be computed as such. Edgeton asked how the greenspace was being calcukrted. A general discussion ensued between Falk and the Commission on the various greenspace calculations for different portions of the site and the site in total. Edgeton asked if the reduction in units wasn't due more to the need to dedicate more street right-0f--way than it was simply a response to the Commission's concem over the design. Falk stated that it was a combination of the wider rightof--way's and a reconfiguration of the units which reduced the number of dwelling units. Edgeton referred to the color pants included in the Planning Commission packets, which illustrated the building elevations of the single family homes and cottage homes. She stated at the sketch plan there had been a discussion over the issue of a design being pedestrian friendly, including sidewalks and front porches. She Planning Commission Minutes May 7, 1997 Page 4 noted that in the "forty" series of housing designs, only one out of the four designs has a front porch. Also, the bungalow designs only showed one out of four having porches, and there were no sidewalks along the streets in this azea. Nagler stated that it seemed that the couunercial buildings were larger than those presented in the sketch plan. She wondered if the larger commercial buildings resulted in a smaller greenspace on the east side of the project. Falk stated that the buildings were not any lazger, and that the village grcenspace was the same size. Gowling asked about the homestead in the northwest corner where the culde-sac had been extended. She wondered if that culde-sac would be pushed even further to the north to allow that property to be subdivided. Falk stated that the current owner of that house, Mr. Bergacker, has a four acre pazcel. While it has the potential to be divided, the current owner has no desire to do that. Currently it is the iearyazd azea which would abut the extended cul-de-sac. Cowling stated that she expressed some concern that if the culde-sac is actually constructed at its present location, futuie residents who buy homes there are likely to believe that the culde-sac is not to be extended. Richazd Palmiter approached the podium and introduced himself as a representative of Rottlund Homes, who would do the construction of all the residential dwellings in this project. Palrniter stated that they aze proposing five different housing types here. First, there is the Series 40 traditional single iarciily home, which would all be two-story ni size, but constructed on somewhat smaller lots. All of these dwellings would have two-car garages and are expected to sell between 150 and $200,000. Next are the one-story bungalows, which is a detached townhome design targeted toward empty nesters and retired people. These also would have two-car garages and aze expected to sell in the 150 to $175,000 range. The dvrd type of housing unit would be the village home detached townhome units, which would be two-story designs marketed to young families and young professionals. These would also haue two-car gazages and marketed in the 130 to $150,000 range. The attached dwellings are in two forms. The first would be the villa townhome, which is a single loaded type design of two stories with iwo-car garages on the end units and one-car garages on the interior units. These would be marketed in the 100 to $125,000 range. Finally, the highest density unit would be their traditional villa home, which is a two-story design, but constructed back to back. Two-car garages would be provided for the end units and one-car garages in the center units. These dwellings would sell from the 90 to $110,000 price range. Nagler asked about the villa, townhomes and villas. She had a particular question about the amount of landscaping being provided in front of those units since it appeared to be somewhat skimpy. Palmiter stated that for the most part the front of these units consisted of driveways and the common drives. There would, however, be some walkways, shrubs and trees, but very little acural yard space. Blundetto stated that we needed to come back to the issue of the front porches. He said he remains wncerned about the comment that the construction of front porches would be market driven. He stated that he recently returned from a trip to Baltimore where all of the row homes have very extensive marble steps and porches on the front of the units which promote a tremendous amount of community interaction. He stated that Planning Commission Minutes May 7,1997 Page 5 if this neighborhood is intended to be sold as a new urbanism type development with strong neighborhood connections, the provision of front porches is very important. Pahniter stated that they can work and refine the plans fiuther, but he does not want to have a porch requirement for all of the detached units. Blundetto reiterated that the use of the front yards and community interaction is an important element of this development proposal. Edgeton stated that she feels the same way about sidewalks. The whole idea about neighborhood and community interaction in the public space area suggests that residers would be wallang back and forth tallang to their neighbors, walking their dogs, etc., and that given the density here, she believes sidewalks and other revisions ate necessary before she could support the proposal. Edgeton stated that she was particulazly concerned over the amount of traffic she expects these streets will carry, again emphasizing the need for sidewalks along the connection from County Road 42 to Dodd Boulevazd. McNamara asked if this development proposal was consistent with the city's Livable Communities Act goals. Kelley stated that he believed it was, and that they will have those goals available at the next meeting for review. Katlry Anderson of KKE Architects approached the podium. She stated that she is involved with the neighborhood commercial componer of the development, and that it is an exciting proposal. She stated that the neighborhood convenience retail and motor firel sales grocery use will serve not only this neighborhood, but the existing residential neighborhoods in the other three quadrants around the County Road 42 and Dodd BoulevazdlDiarrioud Path intersection. She stated that the types of retail uses anticipated include coffee and bagel shops, bakery, video rental, drycleaners and the like, which typically serve the daily needs of the residents. She stated that she understood that the adjacent neighbors were concemed in particular over the proposed motor fuel sales and convenience grocery operation located at the easternmost portion of the site. She stated that in her opinion these neighborhood concerns can all be addressed through design of the site, and by keeping the building sizes small with their proportions related to small-scale pedestrian activities, as well as the provision of the village green and plaza atmosphere. She stated that the village green azea would include a hard surfaced azea for outdoor dining or congregating, as well as an outdoor "grcen room" of approximately 100 ft x 100 ft for passive recreation uses. She went on to state that the pazking lots in the commercial azea would be broken into pods containing landscape features, and that the azchitecttue of the pylon sign would match that of the buildings, reflecting a residential character and style, as well as matching colors and materials. There would also be very strict controls on the types of building signage allowed. The canopy over the gas pumps would face the interior of the commercial azea to fiuther contain any adverse impacts. They would be able to control the amount of light generated on the site by restricting it under the canopy, and to have stringent light standards elsewhere. There would also be berming and landscaping along the perimeter to screen the parking azea and headlights. Nagler stated that there was not a drawing of the rear elevation of the retail buildings that would be viewed from either Dodd Boulevazd or the proposed townhomes from the west. Anderson stated that they provided detail only on the front of the buildhngs at this time. They can wrap the comers of the building with some additional windows, but she noted there would be no service alley Planning Commission Minutes May 7, 1997 Page 6 on the reaz of the detail buildings. This type of retail use would be serviced from the from of the building, and they are intentionally designing relatively shallow retail buildings in order to limit the size of the prospective tenants. Edgeton asked about any trash enclosure being provided. Anderson stated that there would be trash rooms provided at the end of each building in an indoor room azea, rather than an outdoor scrcened azea. The trash dumpster would be rolled out on trash collection day. Edgeton asked if the circulation of the convenience grocery and gas station could accommodate gasoline deliveries from a tanker trunk. Anderson stated that the site would be final engineered to accommodate track maneuvering room. Edgeton stated that she would like to see traffic projections for the complex, both with and without the gasoline and convenience grocery operations. She is generally comfortable with the other proposed retail uses. Anderson stated that Dodd Boulevard would be redesigned and realigned to intersect into new and extended Diamond Path. Edgeton stated that she still warned to have the city's traffic consultam SEH review the proposal. Nagler asked if the city had any specific design standazds for delivery vehicles as it relates to the proposed front door delivery for the retail strip buildings. Kelley stated that there is not a similar project in Apple Valley at this time, and that no standards existed in the ordinance. McNamara asked how pedestrians from the proposed residential areas would. access the retail area. Anderson stated that there would be a trial link through the village green area. Chair Felkner asked staff if there were any other issues that needed to be addressed. Bodmer stated that the petitioner has so far answered the issues listed in the staff report, and that she had nothing more to add. Chair Felkner stated that he is still concerned over the perceived lack of grcenspace in the villa and villa townhome azea. He asked for a comparison of grcenspace at some other high density townhouse areas in Apple Valley, specifically the Wensmarm Academy Village azea. Blunde[to stated that he wanted to make sure that this project was treated in the same fashion as other ones. He asked if other mixed multi-family residential projects had greenspaces calculated on the whole of the project, or broken down into separate components. Chair Fellmer stated that he believed the most recent one the city looked at, the Valley Oaks project, was broken down into separate greenspace calculations for the townhomes on either side of Pennock Avenue. Planning Commission Minutes May 7, 1997 Page 7 Bodmer stated that staff still had some concern over whether or not the greenspace around the pond was achrally "available" to the townhome areas simply via the pedestrian links. Chair Fellmer then asked if anyone from the general public wished to comment at this hearing. Marie Schaedler of 15076 Everleigh Circle approached the podium. She stated that she lives across Dodd Boulevard in the City of Rosemount in the Wensmamr townhome project, and that the construction or placement of berms along County Road 42 to mitigate noise and traiic impacts simply doesn't work very well. Dave Terwilliger of 15183 Everleigh Cscle stated that he is the townhome association president, and that they have grave concerns over the convenience grocery, motor fuel sales and car wash operation. He believes that the hours of operation will have an adverse impact upon their neighborhood because of the noise and general nuisance characteristics of noisy cars and radios coming in and out of the site. He stated in any evem, while the petitioner has stated that this commercial complex will serve their neighborhood, in fact they have to drive almost one mile out of their way to reach the project by going to the east up to County Road 42 and then back again. He said that the gas station is simply not needed, although the other retail uses are probably okay. He said that a letter has been sent to the city for the record, and that all 51 of the townhome units in his association are opposed to the gas station. If it must be approved, hours of operation need to be limited. Gerald Nelson of 15084 Everleigh Circle in Rosemomrt said he is opposed to any commercial uses open after 7:00 in the evening. Ken Erickson of 15088 Everleigh Circle stated that he used to be a building contractor. He thinke that all of the proposed housing is okay, and that it seems to make sense to straighten out the Diamond Path hrtersection at County Road 42 by realigning Dodd. He does object to all of the commercial uses. Charles Schaedler of 15076 Everleigh Circle said that no one in his townhome association warns a gas station here. He dcesn't think it's needed. Diane Tomczak of 15141 Dunbar Boulevard said she is concerned about the level of traffic on Dodd Boulevazd as it is, nicluding their excessive speeds. She said that if no left toms aze allowed out of the project onto the Dundee Avenue intersection, the traffic will all go out to Dodd Boulevard and up to 42, making the situation even worse. Leslie Henschel of 15121 Dunbar Boulevazd, Apple Valley, said she has lived in the neighborhood since 1980. She thinks that the proposal will add a lot of traffic onto Dodd Boulevazd, and it will be very difficult for new residents and their children to cross Dodd Boulevard to access the Apple Valley East Park. She thinks that the proposed commercial azea in the project should become a new park. She said there are safety and speed issues on Dodd Boulevard. Dowling asked that information be provided on the current and future traffic counts on Dodd Boulevazd. Thomas Sharp of 4655 li2nd Court in Apple Valley asked how long it would take for this proposed project to become fully developed. Falk stated that once constmction commences, it is expected to be built out between eighteen months and two years. Sharp also asked how long it would take before Dodd Boulevazd would be realigned and Diamond Path extended south. Planning Commission Minutes May 7,1997 Page 8 Gordon said that it will not happen for at least two to three yeazs. Sharp stated that he felt that the villas on the far eastern part of the proposal were too dense, and that they would generate too much traffic. He said he felt that development of the property should wait until the road improvements for Dodd Boulevazd and Diamond Path were finished. He said that right now access between Rosemount and Apple Valley is occurring through Apple Valley East neighborhood via the 152nd Street cormectioir, and that this project would increase the amount of traffic on that until such time as the Dodd Boulevazd realignment and Diamond Path extension were complete. He also said he doesn't think the track access has been thought out, and will not work to the commercial area or the gasoline%onvenience grocery azea. He said that no one obeys the speed limit on Dodd Boulevard as it is. Terry Kyweriga of 15183 Everleigh Circle in Rosemount pointed out there is a church on the northeast corner of County Road 42 and Diamond Path, and that the noise from the car wash will be so loud it will affect their church services. He also said that trash collection hi commercial azeas typically occurs very eazly in the monilng and is going to create a lot of noise for the neighborhood. Marie Schaedler said there aze already a number of accidents that have happened at the County Road 42 and Dodd Boulevard intersection, and that this is likely to cause more. Tamara Henschel of 15128 Dunbaz Boulevard in Apple Valley said that the creation of a convenience grocery store will encourage children to cross either Dodd Boulevazd or County Road 42, which will be an unsafe situation. She asked if the proposed landscape is going to be mature plantings or just little seedlings. She also expressed concern over any thought of using nazrower streets, especially with as much snow as we get in Minnesota. She asked how delivery trucks and school buses would be able to negotiate down narrow snow- choked streets. Bodmer stated that the primary public street would be the standazd city width of 34 feet with pazking on both sides, and that the slightly narrower private streets of 30 feet in width would be pemutted to have parking on one side only. Ms. Henschel asked how the city would hope to enforce its curfew regulations against minors with such an attractive nuisvice as a commercial center. She asked if the dwelling units would have basements. Bodmer stated that it would depend on the specific housing product. Ms. Henschel felt that it is dangerous not to have basements for residents to take refuge in during periods of severe storms. She said that dvs morning at 7:00 traffic was already backed up on Dodd Boulevard at the stoplight past where she thought the proposed commercial entrance would be. She said Apple Valley East currendy has a low crime rate and she believes a higher density development will cause more crime in the area, especially with the commercial uses as proposed. Karen Hartman of 14979 Echo Way stated that she is repmsenting the Echo Place Homeowners Association. She stated that they are opposed to any commercial use here, and they like living in the current environment because it feels like they aze "out of the city". She said she was very disturbed with the idea that left turning movements at the Dundee Avenue/County Road 42 intersection would be prohibited for both this project and for their neighborhood on the north side of County Road 42. ,~ Planning Commission Minutes May 7,1997 Page 9 Chad Nelson of 15137 Dunbaz Boulevazd in Apple Valley said that the townhome uses are okay, but the commercial uses are not. He felt that the issue of the gasoline sales was not adequately addressed at the neighborhood meeting, and also feels that neither the need nor the appropriate design of the proposed gas station has been met. He asked why there was not an internal street access into the commercial area from the new multi-family residential neighborhood being proposed instead of forcing all of the users out onto Dodd Boulevard. Douglas Sawyer of 4657 152nd Court said that Dodd Boulevard is already too busy. He asked if traffic could be directed from the proposed project to some other street. He said that while he didn't like the gas station, he felt the other commercials were okay because then he would not have to drive to Rosemount for some of his other convenience retail items. Dave Terwilliger reapproached the podium and asked what the county is planning to do with the Diamond Path extension and what will happen concerning the Dodd Boulevard realignment and connection. Leo Tutewahl of 16942 Pilot Knob Road stated that he owns the single family home directly south of the proposed cormnercial area on Dodd Boulevazd. He said that he agrees with the complaints raised over the noise and lights that would be generated from a gasoline sales operation. He said he is aware when Diamond Path is extended to the south, Dodd Boulevard will be realigned to run on an oudot directly behind his house. Diamond Path would then run all the way south to 160th Street. He said they can't leave the intersection the way it is because that would be an unacceptable "five comer" design. He said he did not get notice of the developer's neighborhood meeting, although he did receive a notice of the city's public hearing this evening. There being no fiuther public comment, Chair Felkner closed the public hearing with. the standards remazks. He stated there would be no action this evening, and that it would be continued to subsequent Plamiiug Commission meetings until a recommendation can be made to the Gity Council. Chair Fellmer then called a beef recess at 8:51 p.m. Chair Fellmer reconvened the meeting at 9:05 p.m. B. CAMAS Conditional Use Permit Amendment Chair Fellmer opened the public hearing with the standard remarks. Kelly introduced himself and identified the subject area in the soudieastem portion of the city, lying on the north side of 160th Street between Pilot Knob Road and the east border of the city adjacent to Rosemount. This area is currently designated on the city's comprehensive plan for temporary sand and grauel operations and is also zoned for sand and gravel. The existing conditional use pemtit on the property that allows mining does not stipulate specific hours so that the standard hours of 6:30 a.m. to 530 p.m. Monday through Friday apply. He stated that the current operator, CAMAS Minnesota Incorporated, has requested an amendment to their conditional use permit to allow extended hours of operation. The extended hours would be from 6:00 a.m. to 9:00 p.m. Monday through Friday, and from 7:00 a.m. to 5:00 p.m. on Saturday. Regardless of what hours of operation aze permitted, the muinig and processhig activities are subject to the maximum noise levels established by the Minnesota Pollution Control Agency. Kelley then displayed an overhead transparency that indicated precisely what the maxunum noise levels are. Bob Bieraugel, Enviromnental Affairs Manager for CAMAS, stated that they wanted to extend their hours of operation so they could complete their miniug activities in the eastern and northeastern portions of the site adjacern to established residential neighborhoods as quickly as possible. ff the extended hours are Planning Commission Minutes May 7, 1997 Page 10 approved, they believe they can complete their mining activities in this area this construction season so that in subsequent years the active miniug azeas will be located farther away to the west. Once the eastern azea has been completely mined out, it will be able to be reclaimed for residential development, probably beginning sometime next yeaz. Commissioner Nagler asked how much longer the mining would take if extended hours are not approved. Mr. Bieraugel stated it would take an additional 4-6 months. Steve Birr of 15637 Darling Path in Rosemount stated that the opemtion is already too noisy and does not want to see the hours of operation extended. Fred Bergacker of 4978 150th Street in Apple Valley said that they can often heaz mining operations very late in the evening and doesn't think the city should approve anything fiuther. Kelley noted that the city's rnirung ordinance restricts hours of operation for the actrial excavation andprocessing of materials. It does not stipulate any maximum hours for simply being on site or doing maintenance of equipment. Iu addition, there are mining operations across 160th Street in both Lakeville and Empire Township, and the city does not have any regulatory authority over those operations outside its borders. Late in the evening it is possible for noise to carry great distances, and in the still of the evening even low levels of noise that do not exceed PCA standards can still be very annoying to people. Kelley noted that the spot noise checks provided by an independent testing agency hired by CAMAS indicated that there was one potential problem area where the extended hours of operation would violate the early morning noise standards firm the period of 6 a.m. to 7 a.m. Mr. Birr stated that he did not necessarily tmst any noise information provided by the mining operator, and would prefer to have the city take its own noise readings. There being no fiuther public comment, Chair Fellmer closed the public hearing with the standards remarks. There would be no action taken this eve^in~. 6. LAND USE/ACTION ITEMS A. Rear Yard Setback Variance Bodmer presented this item for the property located at 13033 Hialeah Path. It is proposed to construct a kitchen on the back of the house, which would be closer than the rninirnum 30-foot rearyazd setback stipulated by ordinance. The rearyazd azea is heavily wooded both on this lot and the other lots that back up to it. Bodmer also noted that this is an irregulazly shaped lot being relatively shallow wmpazed to the neighboring lots. Because of the existing vegetation, it would have little or no adverse impact if the porch were placed on the rear with only a 20-foot setback. McNamara asked if a setback variance was necessary for the deck as well. The petitioner Dale Wagnild noted that the deck is already in place. In any event, a deck without a roof covering is allowed to impinge up m 12 feet within the nomia130-foot reaz setback. Planning Commission Minutes May 7,1997 Page 11 MOTION: Blundetto moved, seconded by Dowling, to rewmmend approval of a 10-foot rearyard setback variance as requested due to the hardship created by tie unusual shape and minimal depth of the lot. Motion carried 6-0. B. Site Plan/Building Permit Authorization for Animal Emergency Caze Assistant Plaxmer Tom Lovelace introduced himself as the staff member responsible to review this project. The proposed project is located on a one-half acre lot within the recently approved re-subdivision of Valley Commercial Park 4th Addition. The lot is located on the east side of Pennock Avenue just south of 146th Street. It is proposed to construct a 3,990 s.f. single story building far emergency veterinary care. The site plan indicates that all minimum setbacks are met or excceded, and 10 parking spaces are provided in front of the building adjacent to Pennock Avenue. In addition, the site plan indicates how an additional 9 spaces could be placed on the property if the use of the building as a veterinary clinic tenninates and it is wnverted to either a retail business or office use. The single driveway access to Pennock Avenue was illustrated and is set back sufficient distance from other driveways or street intersections. Lovelace noted that the existing building elevation illustrated the small amount of brick on the front and part of the sides, but no brick on the rear. The balance of the building face would be constructed of a stucco or dryvit material. He is suggesting that additional brick be placed on all building faces at least up to the window ledge, or in some other combination, to provide a more attractive and durable appearance at grade. Chair Fellmer and Commissioner Blundetto initiated a brief discussion on the use of brick in the downtown area and just how much of a building face could appropriately be devoted to some other building material. Chair Fellmer asked if the petitioner was willing to add brick. Jack Shaw of Swedenborg Shaw Construction stated that they would be willing to increase the amount of brick to the 2'8" window ledge elevation all around the building. Dowling stated she would be more comfortable with the use of the alternate material if information was provided concerning the color and appearance of the structure. Shaw stated the colors had not. yet been selected. Dowling asked where the mechanical equipment. would be located. Shaw stated they would be on the rooftop and would be screened. Dowling also asked where the trash would be located. Shaw stated it would also be contained within a screened enclosure. Blundetto asked if this was the same outfit that ran the existing animal hospital to the north. Dr. Kurt Hansen stated that he currently operates the existing facility, but they need to locate to a larger facility because of the amourn of work they have. Chair Fellmer said they would like to know what the wlors are before they approved the project. Shaw said he did not know they had to have the color selected before they came before the Commission. Planning Commission Minutes May 7, 1997 Page 12 Fdgeton said it is not a strict requirement, but when alternate materials besides pure brick aze being proposed, the more detail that can be given to them, the more comfortable they are with a project. She would also like to see a product sample, if possible. Nagler also noted that they would have to demonstrate the 2 1!2% landscape value requirement to satisfy the city forester. Chair Felkner noted that the petitioner has not indicated what type of signage they would be requesting. He stated the city tends to be very picky on its sign regulations, and that they should not expect consideration of any type of sign variance. It was noted there will be a Planning Commission meeting on May 21st, which would be the day before this item would appear on the City Council agenda of May 22nd. The Commission requested that this item reappear on their May 21st meeting simply concerning the color of the materials. A verbal recommendation concerning the material then can betaken on to the City Council meeting the following night. 7. DISCUSSION ITEMS -None - 8. OTHER BUSIlVESS -None - 9. ADJOURNMENT MOTION: Gowluig moved, seconded by McNamara, to adjourn the meeting. Motion carried 6-0. Meeting adjourned at 9:52 p.m.