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HomeMy WebLinkAbout05/20/1998CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES May 20, 1998 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Edgeton at 7:00 p.m. Members Present: Diane Nagler, Karen Edgeton, Lou Clazk , Jce McNamara, Tim Burke (arrived at 7:17 p.m.), Frank Blundetto. Members Absent: None. Staff Present: Rick Kelley, Tom Lovelace, Kathy Bodmer, Nelda Werkmeister, City Attorney Mike Dougherty, Consulting Engincer Keith Gordon. Others Present: See sign-in sheet. 2. APPROVAL OF AGENDA MOTION: Clark moved, seconded by Nagler, to approve the agenda. The motion carried 6 - 0. 3. APPROVAL OF MAY 6,1998 MINUTES MOTION: Clark moved, seconded by Nagler, to approve the mumtes. The motion carried ~-0 (1 abstention-Blundetto). 4. CONSENT ITEMS A. Setback Variance for Gilbert Residential Addition 6-0. MOTION: Nagler moved, seconded by Clark, to approve the consent agenda. The motion carved 5. PUBLIC HEARINGS A. Rezoning from "R-3° to "R-5" for a Duplex in Hidden Ponds by Domestic Development Chair Edgeton opened the public hearuig. Assistant Planner Kathy Bodmer introduced the item. Blundetto asked that all street names be included on maps shown in the future. Nagler asked about the lot size in comparison to other duplex lots in the azea wlvch appeared larger. Bodmer noted that those lots aze larger, but that the site in question exceeds the minimmn requirements and that the building design being considered includes atuck-under garage compared to attached garages on the units to the north. Clark asked if the owners of the adjacent lot to the west were present, and then asked them if there was any indication to them that the lot in question was not buildable. The owners Brad Jacobsen and Donna Clear said no, that their grade was just as steep before their home was built. Planning Commission Minutes May 20,1998 Page 2 1n response to Commissioner concerns, Bodmer clarified caning designations of surrounding properties and the history of the caning in the area, noting that the apamnents to the east came first, and the lot next to the subject ofthis hearing designated multi-family, was split by the const<uction of 130th Street. 12ayanne Nelson, representing the petitioner Domestic Development, noted that the townhome lots to the north appeaz much larger because there is a pond behind them. She went onto say that it was not economical to put a single unit on the lot because of the extensive earth work to a done. Commissioner Burke arrived at 7:17 p.m. Clark asked if the petitioner objected to the zoning of the lot when it was initiated. Nelson said the petitioner did not object that she knows of.. Nagler ask about tree removal on the site. Nelson replied most of the trces aze scmb trees and will be removed for const<'uction. Bodmer added that the city forester had identified some oak and cottonwood trees, acid any trees exceeding 10 inches in diameter within 20 feet ofthe building footprint would haue to be replaced. Chair Edgeton opened the floor to public comment. Brad Jacobsen of 7300 W. 130th Street said he was adamantly opposed to the project, and that there was never a representation there would be anything other than a single fan>ily home on that lot. Jim Kelly of 7315 130th Street said he was adamantly opposed to the project, that Domestic asked that the lot be single family and now want to change it. Donna Clear of 7300 W. 130th Street said if they could build a single unit. on their lot, the same could be done on the subject lot. She also stated she did not want to live next to atwo-story rental. Blundetto stated, "Rental people aze people, too." He went onto say he needed more information from the petitioner, including elevations. Edgeton said she also would like to see elevations and how it would fit on the lot. She said a building plan would be sufficient, and Blundetto added he would like new topo lines. Dougherty responded those requests aze not out of line because the Corrunission is trying to detem~ine if there is sufficient reason to change. Cleaz apologized if she offended anyone. There being no more comments from the public, Chair Edgeton closed the public hearing at 7:30 p.m. B. Comprehensive Plan Amendment from "GI" to "MD", Rezoning from "I-2" to "M-6B" & Interim Use Permit for Sand & Gravel Mining with no Processing by Williams Pipe Line Co. Chair Edgeton opened the public hearing at 7:32. Assistant Planner Tom Lovelace introduced the item, which involves only the north 30 acres of the 80-acre parcel. He reviewed the surrounding caning designations. Planning Commission Minutes May 20, 1998 Page 3 Nagler said she understood sand and gravel mining to be pemutterl only in a Sand & Gravel District. Community Development Director Rick Kelley explained that interim caning provides for uses allowed in any other district. Blundetto stated he never anticipated the interim use would be used against us if they didn't get their way the fnst time. Edgeton noted the site needed to be graded anyway, and how much difference would there be if it was just graded without taking the gravel out. Blundetto asked what the city could do if only 10% of the mining was done after iwo years. Nagler said it was determined previously that the land was usable. Consulting Engineer Keith Gordon verified that 147th Street could be built with or without the project proposed. Clark asked if among the comp plan, zoning and interim use request, can one be approved without the other(s)? As part of the above discussion, Dougherty said the City Council could choose to put a stop to the mining if it was completed within the specified time frame. He also noted there are three separate items to vote on. Kristen Rojina of Sunde Engineering, representing the petitioner Williams Pipe Line Co., stated that rezoning is requested to allow development more compatible with surrounding uses. The irrterim use would facilitate more suitable grades and the fiudure construction of Flagstaff Avenue. Grading will generate excess sand and gmuel. The proposal of conveying the excess will eliminate or m;n;m;~e the impacts of traffic, noise, dust, etc. She went on to say Williams would be willing to provide a bond for the irrterim use. Oversized rock would be stockpiled until crashed on site. Blundetto asked if the petitioner agreed that this could be developed without lowering the grades. Rojina responded that 147th Strcet could be built, but it would lessen the amount of land available for development. Blundetto also asked if mining didn't occur, would it be feasible to develop the land quicker? Gordon said the pipe lines would still have to lowered on the west edge of the property, maybe one yeaz sooner without the n>iniug. Rojina clarified that primary crushing would take place north of Co. Rd. 42 to reduce larger rocks to a size that the conveyer can handle. Instead of tracks hauling, the crasher would run periodically. In response to other questions, she described the various slopes on each side of the property. She also stated the larger materials would be cnushed down to less than six inches, and that the elevation would be lowered approximately 30 feet. The pipe lines would be lowered in conjunction with the construction of Fla~sraffAvenue. Edgeton asked how the petitioner arrived at the residential zoning designation request. Eric Lipke of IDM Services, the project coordinator, said uses were looked at from an economic standpoint, as well as what would be complimentary to the surrounding uses via discussions with city staff. He also said Williams still hopes to relocate the tank farm, but no commitment can be made at this time. Edgeton commented that the surounding uses seem to be in a business category. Lovelace snmmari,rA the issues in the staff report. He also said the petitioner has made application for a Natural Resources Management Permit, and that the grading plan had been revised, assumably according to Gordon s recommendations to raise the finished grade about three feet. Planning Commission Minutes May 20,1998 Page 4 Nagler asked ifthe operation would have to meet U.S. EPA standazds as a nom~al sand and gravel operation would? Lovelace will have the answer at the next meeting. In response to McNaxnara's question regazding environmental review, Lovelace stated that staff felt the Environmental Assessment Worksheet done previously was sufficient. Rojina noted an EAW is only required for projects larger than 40 acres; the current proposal is for 30 acres. At this time the Chair agreed to receive commerrts from the public. Gene Peterson said that he would like to see all three vacant parcels (McNamara., Williams, North Star) caned the same. Lovelace clarified that the pazcel north of the proposed Fischer Market Place has not been rezoned and reiuains industrial at this time. Bang Berg of 14068 Flintwood Way said he felt the petitioner was motivated only by self-interest, and that they were trying to move rapidly. He requested an extension of time to submit petitions. He feh the azea's character was best served by residential and retail shopping. There was discussion of the notification process and requiremexrts in relation to this public hearing notice. Karen Luchka of Eagan. said she represented 900 Eastview High School students opposed to this development: She expressed concerns for doubling traffic levels, safety, dust, small and noise distractions to the students, as well as people on the athletic fields. She asked the Commission to reject this proposal until they can guarazrtee it will not detract from the em+ironment or beauty of the area. Beth Gray of 14180 Fkagstone Trail said she had 364 petition signatures in opposition to the mining portion of the proposal. She wondered what has changed to now allow sand and gravel mining. 'The noise, air and water pollution pose a health problem in addition to being a nuisance, especially in proximity to Eastview High and the aquatic center. Edgeton requested an overhead for the next meeting to explain what is different from the previous request by Williams compazed to the current application. Cazolyn Cassin of 13979 Findlay Court read a statement for her father Sean, who was unable to attend the meeting. In it he asked that the Williams Pipe Line proposal be rejected, that sand and gravel does not fit into the comprehensive plan, then or now. Walter Bowles of 14014 Flagstone Trail asked if there would be an asphalt plant south of Co. Rd. 42. Edgeton said that there already is. David Bocek of 14059 Flintwood Way asked what the increased cost of filtering the pool would be. He also stated he never saw the public hearing sign. Julie Dohmeier of 13900 Fawn Ridge Way said the interim use was adopted for "protecting the planning process" and its citizens. Yet neighbors and people outdoors would be subjected to mining going on. Gary Williams of 13115 Emmer Place asked what mining hours aze proposed and the itrtention of the tank farm. Planning Commission Minutes May 20,1998 Page 5 Denise Rogers of 14129 Friday Lane asked about the plans for burying the pipe lines. She submitted 1264 petition signatures for the record. The Commission discussed whether or not to leave the hearing open. Chair Edgeton pointed out that written wmments are received until the Friday before each Plamiing Commission meeting. MOTION: Blundetto moved, Clark seconded, to leave the public hearing open. The motion carried 6-0. Kelley explained primary and secondary processing in regazd to sand and gravel. Staff will have definitions of both available at the next meeting. Blundetto requested they be informed whether or not additional space will be needed south of Co. Rd. 42 to handle the materials generated by the proposed project. Chair Fdgeton called a 5-minute recess at 8:55. The meeting was reconvened at 9:05 p.m. 6. LAND USE/ACTION ITEMS A. Comp Plah Amendment from "LD" to "SF", Rezoning from "A" to "R-3", and 8 Lot Residential Preliminary Plat for Stonewood 1st Addition Bodmer introduced the item. She stated she has not received a revised prelimiuary plat to address Outlot A. Engineer Gordon is working with the developer to modify the grades as requested. She also reviewed the criteria warrants for a stop sign, which Dublin Road does not meet. The petitioner Jeffrey Gustafson said that Probe Engineering had. not identified any trees 10 inches or larger. He said it was not their intent to take out any trees unnecessarily. MOTION: Burke moved, seconded by Clazk, to approve the comprehensive plan amendment from "LD" to "SF". Motion carved 6-0. MOTION: Burke moved, seconded by Clark, to approve the rewning from "A" to "R3". Motion carried 6-0. MOTION: Burke moved, seconded by Clark, to approve the prelimiuary plat to create 81ots, subject to the conditions recommended by staff in its report. Motion carved 6-0. Staff clarified that the drive access be installed immediately upon filing of the final plat, and applied only if 2 lots were created along 140th Street. 7. OTHER BUSINESS A. Special Election -Secretary Rick Kelley said the vacancy for secretary should be fdled in the future, though the Commission is not compelled to act this evening. MOTION: Clazk moved, seconded by McNamara to nominate Diane Nagler for secretary. Planning Commission Minutes May 20,1998 Page 6 MOTION: Clazk moved, seconded by Burke, to cease norninations. Motion carried 5-0 (1 abstention -Nagler). Nagler was declared Secretary. B. Resolution of Appreciation MOTION: Clark moved, seconded by Nagler, to adopt the resolution of appreciation for Mazda Dowling. Motion carried 6-0. 8. ADJOURNMENT MOTION: Clazk moved, seconded by Nagler, to adjourn the meeting. Motion carried 6-0. The meeting was adjourned at 9:32 p.m.