Loading...
HomeMy WebLinkAbout12/02/1998CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES December 2,1998 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: Karen Edgeton, Tom Melander (arrived at 7:18 p.m.), Joe McNamara, Lou Clark, Frank Blundetto, Diane Nagler. Members Absent: Tim Burke Staff Present: Rick Kelley, Kathy Bodmer, Tom Lovelace, City Attorney Mike Dougherty, Consulting Engineer Keith Gordon, Intem Maggie Milton, Nelda Werkmeister. Others Present: See sign-in sheet. 2: APPROVAL OF AGENDA MOTION: Clark moved, seconded by Nagler, to approve the agenda. The motion carried 5 - 0. 3. APPROVAL OF NOVEMBER 18,1998, MINUTES MOTION: Clark moved, seconded by Nagler, to approve the minutes. The motion carried 5-0. 4. CONSENT ITEMS -None - 5. PUBLIC HEARINGS A. Comprehensive Plan Amendment, Rezoning, Preliminary Plat, Site Plan/Building Permit Authorization for Phase I and II Apartment Units, Conditional Use Permit for Building Height Chair Edgeton reopened the public hearuig which had bcen wntinued from November 18. Assistant Planner Kathy Bodmer introduced the item. Nagler remarked she felt there was a need for a park inclose proximity to such a high density residential project. Bodmer noted that there are tot lots indicated on the site plan, and pointed out the locations of the nearest city parks. Douglas Dahms, representing the developer Stephen Haight, said wnstmction on Phase I would begin in early March and be completed in late fall. They propose to begin Phase II in late fall and complete it in 2000. Dahms verified that sidewalks would be installed around the perimeter as required and that the developer is willing to respond favorably to all the forester's suggestions, including a specific listings of the plant types. Discussion occurred about a temporary sewnd access to the eastern phase if Foliage is not constmcted by the time of the Phase II development. The developer is prepazed to provide a sewnd access to the east side from 157th Street and is open to the possibility of instead putting it on the north side if that is found to be more suitable as far as traffic flow and is sensible from an engineering standpoint. Planning Commission Minutes December 2,1998 Page 2 Keith Gordon described the temporary on-site ponding which will be done if storm sewer lines aze not available at the time of development of the eastern phase. A five-foot deep pond would be conshucted in the Foliage right-of--way if needed. Bodmer noted that two more surface parking spaces aze needed on the east side. Green space calculations will be provided at the next meeting. Sue Paron of 15820 Gallery Avenue expressed concern about increased traffic on Galaxie and the quality of constmction materials, citing the storm damage to Majestic Cove's buildings this summer. (Majestic Cove was a Stephen Haight project.) Edgeton requested some history of the zoniig of the subject pazcel, as well as information on the budding materials. Denise Louis of 15754 Hayes Trail stated her concerns regarding height of the building, adequate gicen space and unattractive roof lines. Edgeton requested for the next meeting iufomiation about whether or not additional stop signs or signals were proposed for Galaxie Avenue. Lawrence Samstad of 1342 10th Ave. E. in Shakopee, representing the Parons, stated he sees an encroachment upon the neighborhood by ahigh-rise building and commercial development. He asked if the city had accepted the new comprehensive plan that shows a high density designation. He went on to say the azclutechue looks like barracks. Edgeton requested from staff a list of what we consider buffers. Chair Fdgeton closed the public hearing with the standard remarks. Gary Pahl of 6885 160th Street shared some family Ivstory, as well as the history of ownership of some ofthe agricultural land in Apple Valley. He stated his family cannot afford to keep paying the assessments for Galaxie Avenue, which amounts to about $24,000 per yeaz. He commended the city for all its pazk land and amenities. B. Comprehensive Plan Update Chair Edgeton reopened the public hearing which had been continued from November 18, 1998. Assistant Platmer Tom Lovelace irrtroduced the item and reviewed the public hearing cornrnents received to date. Nagler felt the beginning and enduig points of the proposed greenway north of 160th Street should be included in the Plan. Rick Kelley responded it would be at approximately Foliage and 151st Street o the north and south to the holding pond north of 160th Street and west of future Johnny Cake Ridge Road. Regazding the Transportation Plat, Lovelace noted that County Road 42 remained undesignatecl because of the ongoing study of that corridor. Kelley added that the C.R. #42 study probably wont be adopted until 1999, and that the Me[ Council is aware of that and does not expect a designation at this time. Planning Commission Minutes December 2,1998 Page 3 Lovelace also noted that the former Neighborhood Collector and Community Collector roadway classifications have been wmbined into a single "Collector" category in order to be consistent with the Met Council requirements. Several Commissioners expressed concern with that and asked ifthe City could designate subcategories. For example, Edgeton questioned the appropriateness of Redwood Drive having the same designation as Johnny Cake Ridge Road. Kelley suggested adding language regazding characteristics within the high and low ranges of the collector classification to address those concerns. Nagler stated that 157th Street west of Cedaz is also becoming a collector, but is not designated as such. McNamara asked about data missing in the 1996 table, as well as the 2020 projections. Lovelace said the projections will be filled in after the land use plan is approved. Ken Larson of 15725 Gardenview Drive read the letter he subritted to the Planning Commission Denise Louis of 15754 Hayes Trail showed overheads of street cormections: Gazdenview in Apple Valley and Highview in Lakeville. Ann Lock of 13411 Diamond Path questioned the use of 1997 data for the Storm Water Management Plan versus 1998 data. She expressed her concem about flooding. Keith Gordon said the situation is being examined, that the City is meeting with Fargaar Lake residents, and hopes to have a solution soon. Lock added that she objects to the change of site #2 from Single Family to Low Density. Gary Shade of 15989 Gazdenview stated his appreciation to add verbiage regarding the collector roadway classifications. Peter Coyle, attorney with Larkin Hoffruan, representing Jcel Wairud, reiterated his objection to changing the Comp Plan designation on site #9. He went onto say the density proposed is such that the property could not be developed cost effectively, nor is it appropriate for the property. Medium Density is the best fit and conserves land area while minimizing environmental impacts. He also said a lift station would be required if the pazcel is developed as Low Density. Rita DiRico of 379 Cimarron Road commended the Planning Commission on their knowledge of change and noted that since the last plan for site #9 back in 1989 Cedar Avenue had been widened. Jean DeMong (Smith) of 4670 129th Street said she's concerned about a townhome proposal for site #2 and an increase in traffic in that area. She submitted pictures of her property bordering site #2. Sarah Mazdell of 12918 Denmazk Avenue presented a petition opposing a change to the existing comprehensive plan designation on site #2. The Plamiiug Corrunission concurred that definitions are important and requested an opportunity to review those definitions before the City Council takes action on the Comprehensive Plan, MOTION: Clark moved, seconded by Melander, to redesignate on the Comprehensive Plan Map site #9 from "MD" to "LD". Motion carried 5-1(Blundetto). Blundetto stated that he is taking issue with the process, not anything else. MOTION: Clark moved, seconded by Melander, to redesignate on the Comprehensive Plan Map site #4 from "SF" to "LD". Motion carried 5-0 (1 abs[errtion -McNamara). Planning Commission Minutes December 2, 1998 Page 4 MOTION: Clark moved, seconded by Mekmder, to approve the rest ofthe Comprehensive Plan update as submitted by staff, with the addition of language to the collector roadway classification in the Transportation section. Motion carried 6-0. Clazk excused himself from the meeting at this time. Chair Edgeton called a 5-minute recess, and the meeting reconvened at 10:15 p.m. C. Prairie Crossing Commercial -Expanded Planned Development Commercial Zoning and Preliminary Plat Bodmer introduced the item. She clarified that the petitioner is seeking building pemut authorization only for the bank/office building at this time, and that a variance from the County is being requested to accommodate spacing of an entrance from Diamond Path Edgeton expressed concern with such a lazge commercial budding on the site, and asked to see at the next meeting what had been previously approved for the site. Mike Falk of CWB Development, the petitioner, explained that Dakota County did not have the ea~tension of Diamond Path in their 5-year plan when he came before the Planning Commission originally about a yeaz ago. The County now projects that highway project for 1999, and he is hying to get a definitive time frame. The oiily additional use being proposed compared to the previous plan is the bank. The proposed aniendinent to the planned development would add a bank as a permitted use. Edgeton asked about the number of fuel pumps, and Falk said there would be eight. Nagler queried about the parking deficiency. Bodmer said staff and the petitioner aze working on that, and tbat revised plans have been submitted. McNamara asked about the width of future Dodd Road, to which Keith Gordon replied that it hasn't been decided for sure, but will probably be 44 foot wide compared to its current 24-foot width. Earl Nelson, Chairman of the Board of Sterling State Bank, introduced himself. He said the bank is privately owned; it gives 10% of its pre-tax income away; and they feel they would be a real asset to Apple Valley. Ron Krank of KKE Architects described the village concept they are trying to capture with the design of small buildings. Nagler asked if the plaiu were contingent upon the County's granting of the variance, and Falk replied affmnatively. Edgeton closed the public hearing with the standard remazks. 6. LAND USE/ACTION ITEMS A. Comprehensive Plan Amendment, Rezoning & Conditional Use Permit for Sand & Gravel Mining North of 160th Street by Fischer Sand & Aggregate McNaxara said that Gene Rechtzigel's letter implied that he should step down on this issue and asked Attorney Dougherty to respond. Planning Commission Minutes December 2, 1998 Page 5 Lovelace introduced the item and reviewed the public hearing comments. Nagler asked about the reconfigured pond and grcenway east of it. Kirsten Rojina with Sunde Engineering, representing the petitioner, stated they were in agreement with all conditions proposed by staff. Blundetto asked how deep the hole would be, and Rojina replied perhaps 20 feet below Fade. Blundetto also stated he wants the site monitored ifthis project is approved. Nagler asked if staff could do an evaluation of the 25-acre cell limitation mandated through Fischer s existing Conditional Use Pemut. Tony Gleekel, also representing the petitioner, said he is willing to sit down with staffto deal with the existing operation. Roger Knutson, Lakeville City Attorney, stated that conditions in a CUP allow limited discretion. He went on to say that because Regatta wasn't there when the Environmental Impact Study (EIS) was done, he was asking for a supplement to the EIS to examine this significant change. "Conditions of the CUP should be abided by, not ignored as this applicant has done." As far as monitoring, Knutson said the applicant could be required to pay for an inspector. Tina Ellis of 15887 Firtrce Lane stated her opposition to the proposal, saying you can't dig a hole and fill it in a short amount of time. She also expressed concern about the safety of children, the 100 foot buffer and Pulte's failure to disclose. Chad Hirsch of 15887 Firtree Laze asked if the city is required to inform the residents of potential development. Richard Hervieux of 16005 Excel Way distributed to the Planning Commissioners a material safety data sheet regarding silica that he obtained from a supplier to sand and gravel operators. He stated that the Mumesota Pollution Control Agency has agreed to monitor the substance. Nagler asked if the EIS included that khid of analysis, to which Kelley replied he didn't think so. Lori Mullenberg of 6263 Lower 161st Street, Rosemount, asked iftrncks on 160th Street are regulated by permit. Kyle Hegna, attorney for Pulte, said Pulte is willing to meet with homeowners regarding any concerns. He has no comment on the proposal. Francine LeMoine of 15764 Finch Avenue said she does day care in her home and wanted to know what would be done to assure the safety of the kids. Lovelace described the berming and six-foot fence along the property line recommended by staff. Terry Holtzworth of 15772 Finch Avenue asked for clarification regarding the size of rock and the time line for mining and reclaznation Janelle Miller of 15970 Finch Lane stated she is a general construction worker and had been informed recently at work about having to wear a respirator wherever she is exposed to silica. Planning Commission Minutes December 2,1998 Page 6 MOTION: Nagler moved to request a supplemental EIS. Motion died for lack of a second. MOTION: McNamara moved, seconded by Melander, to approve an arnenduient to the Comprehensive Land Use Guide Plan to add the temporary Sand and Gravel Overlay designation to the subject property. Nagler stated she could not support the motion due to the health, safety and welfare of the citizens. Blundetto said he is opposed because ofthe lack of enforcement mechan;cm. Motion carried 3-2 (Nagler, Blundetto). MOTION: McNamara moved, seconded by Melander, to approve rezoning of the subject properly from Agricuhure to Sand and Gravel Motion carved 3-2 (Nagler, Blundetto). MOTION: McNamara. moved, seconded by Melander, to approve a conditional use pemut to allow for sand and gravel on the north 54.3 acres of the 68.5-acre parcel, subject to the following conditions: a) no vehicular access shall be allowed to the site from 160th Street; b) all mining and restoration of the property shall be completed by December 31, 2003; c) all applicable perforn~auce standards set forth in the City's zoning code shall be strictly adhered to. Motion carried 4-1 (Nagler). 7. OTHER BUSINESS A. Sketch Plan for Ruling on Permitted Use -Glass Service in "NCC" Zone, Located on the Southwest Comer of C.R #42 and Gardenview Drive, by Gordy's Glass, Inc. Lovelace introduced the item. Ed Peterson, President of Gordy's Glass, distributed a packet about their business to the Planning Commission. He stated their business consists of 60% retail glass sales, of which 40% is automotive glass. He went on to say that automotive glass installation is a very clean operation. He noted that a hazdwaze store is a pemmitted use in that location, and most hazdwaze stores repair windows and doors. Nagler expressed concern that the azea is becoming an automobile center instead of a neighborhood cormnercial center, and that there aze designated areas of the city for those uses. She also noted that there is no landscaping on the property. Peterson expressed willingness to landscape the property. Nagler also asked about storage of vehicles on the property. Peterson said if any, overnight storage would only occur inside. McNamara said he thought it was a great business, but not appropriate for this particular site. Peterson stated the cost of replacing the underground tanks and contaminated soils prohibits other uses from locating on the site. Melander said he liked the looks of the building. Blundetto stated he thought the project could work there. Edgeton said she hated to see an empty building. Nagler reiterated the proposal was neither a pemutted nor conditional use, and asked if the city couldn't do something if the site becomes an eyesore. Kelley confirmed that a rezoning to "General Business" would be needed to accommodate the proposed use. Planning Commission Minutes December 2, 1998 Page 7 B. Adopt Meeting Calendar and Application Deadlines for 1999 MOTION: Blundetto moved, seconded by McNamara, to adopt the proposed meeting calendar, changing the July 7 meeting date to July 21. Motion carried 5-0. 8. ADJOURNMENT MOTION: Blundetto moved, seconded by McNamara, to adjourn the meeting at 1:17 a.m. Motion carried 5-0.