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HomeMy WebLinkAbout04/07/1999CITY OF APPLE VALLEY PLANNBVG COMMISSION MINUTES Apri17,1999 1. CALL TO ORDER The City of Apple Valley Plamiing Commission meeting was called to order by Chair Edgeton at 7:00 p.m. Members Present: Kazen Edgeton, Tom Melander (arrived at 7:05), Frank Blundetto, Jim Hadley, John Bergman, Jeannine Churchill. Members Absent: Tim Burke. Staff Present: Assistant Planner Tom Lovelace, Assistant Planner Kathy Bodmer, Plamung hrtern Mazgaret Milton, Community Development Director Rick Kelley, Nelda Werkmeister, Consulting Engineer Keith Croydon, Attorney Mike Dougherty. Others Present: See sign-in sheet. 2. APPROVAL OF AGENDA 5-0. MOTION: Churchill moved, seconded by Blundetto, to approve the agenda. The motion carried 3. APPROVAL OF MARCH 17,1999, MINLITES MOTION: Churchill moved, sewnded by Blundetto, to approve the minutes as submitted. The motion carried 5-0. 4. CONSENT ITEMS -None - 5. PUBLIC HEARINGS -None - 6. LAND USE/ACTION ITEMS A. Rezoning from "R-3", to "R-5" and Preliminary Plat to Create 6 Duplex Dwelling Units- Walter Homes Addifion Planning Intem Margaret Milton introduced the item. She pointed out several revisions to the plan which eliminated the need for all variances except two. Each lot meets the required minimum in lot area. Retaining walls will now only be needed on Lots 5 and 6. She went on to relay comments from the public hearing and a history of the caning of the site. Bergman asked about erosion control on Lots 1-4, as well as landscape requirements. Milton responded that a landscaping plan is not required for this type of development. The petitioner Rob Walter described some of the modifications made to the plan, including upgrading the exteriors of the buildings. He stated the R-5 zoning requirements are met on all lots except for front setbacks on Lots 5 and 6 because of the steep slopes there. The buildings were fumed sidewise to eliminate all other variances. Melander asked about plans for fencing on top of the retaining walls, and whether all vegetation would be cleared. Walter said that fencing is required,' and that they will retain what vegetation they can and re- vegetate the rest. Planning Commission Minutes April 7,1999 Page 2 Tom Brigl of 7385 130th Street said that the subject lots were an entryway to an azea ofhigher-valued homes, and that he didn't feel the proposal of small twinhomes was appropriate. Donna Jacobsen of 7300 130th Street asked what is meant by the best use of the land. Community Developmerrt Director Rick Kelley explained that it generally relates to what is considered most appropriate for societal needs in the cmmuniiy, including geographic factors, and not just economic returns. MOTION: Melander moved, seconded by Blundetto, to approve the rezoning of the subject pazcels from "R-3" to "R-5". Motion carried 6-0. MOTION: Melander moved, seconded by Blundetto, to approve the preliminary plat dividing two existing platted lots into six lots, provided the applicant re-vegetate the entire site and provide adequate erosion corrtrol measures adhering to the Natural Resources Management Ordinance. Motion carried 6-0. MOTION: Melander moved, seconded by Blundetto, to approve the variance to reduce the frontyazd setbacks from the required 30 feet to 20 feet on proposed Lots 5 and 6 due to the hazdship created by the steep slopes and a 23-foot boulevazd. Motion carried 6-0. B. Preliminary Plat to Subdivide One Existing, Occupied Single Family Lot into 2 Lots (Chateau Estates 7th) Assistant Planner Tom Lovelace irroduced the item. Edgeton asked about the squaze footage of the proposed house footprint. The petitioner Jerry Pelletier said it was about 1400 squaze feet on the main level with a triple garage and probable full basement. Hazel Swoope of 13396 Havelock Trail asked if the house would be facing Havelock Court, and whether there was any requirement for building a home of the same value as the area homes. Churchill asked legal counsel to review the issues as to the city's right to deny such a request. City Attorney Mike Dougherty noted that the Commission is making a detemwration as to the benefit to the cormnunity as a whole, and that there would need to be a basis for denying a request. MOTION: Bergman moved. seconded by Hadley, to approve the preliminary plat for Chateau Estates Seventh subject to the following. (a) New municipal service connections to the existing dwelling located at 13391 Havelock Trail (I.ot 1) shall be completed prior to approval of the final plat; (b) The final plat shall identify a drainage and utility easement on Lot 2 over the new utility service locations for Lot 1. Motion carried 6-0. C. Preliminary Plat to Subdivide One Exsting, Occupied Single Family Lot into 3 Lots (Chateau Estates 8th) Tom Lovelace introduced the item. He deferred to Mike Dougherty to comment on the memo relating to covenazrts contained in the staff report. Dougherty reiterated that association covenants should not have a bearing on the Cites decision. Lovelace pourted out several other lots in the development that do not meet the 150 foot lot width requirement. He also noted the proposed driveways are at maximum grades. Planning Commission Minutes Apri17, 1999 Page 3 Edgeton asked for an explanation ofthe proposed no build easement. The petitioner Gary Buesgens stated that the proposed lots aze as large or larger than most of the neighboring lots. He also said the covenants do not prohibit subdividing lots. John Forsythe of 8481 134th Street said that 18 of the 21 persons who live within the covenant area signed a petitioner opposing the project. He went on to say an Architechnal Comrnittee was formed last week which would not approve the building plans. Edgeton asked for verification that all proposed lots would be at least double the required area minimum, to which Lovelace replied affirmatively. Lovelace noted that granting the lot width variance for proposed Lot 2 would not alter the character of the neighborhood. Melander said that he was having a hard time with this project because the driveway slope is significant, and the access point seems limited. He offered that atwo-lot subdivision could be proposed without a variance. Dougherty clarified there should not be a separate variance vote because that lot width would ah~eady be incorporated as part of the plat. Churchill asked him to explain the variance versus no build easement. Edgeton stated she agrees with staff recommendations, and that many lots in the development have lot widths less than 150 feet. MOTION: Blundetto moved, seconded by Bergman, to approve the preliminary plat for Chateau Estates Eighth Addition with a variance to the 150 foot lot width for Lot 2, subject to the following: the creation of a no build easement over azea in Lot 2 from the street that does not meet the required minimum lot width of 150 feet. Motion carried 6-0. D. Frontyard Setback Variance for New House at 15124 Dutchman Way Assistant Planner Kathy Bodmer introduced the item. She pointed out that the setback was overlooked when reviewed by star probably because the Tousignant's Prairie Crossing Planned Development has very unique and varying setbacks for their somewhat neotraditional development. Bergman said he talked to the neighboring homeowner who at first said it didn't bother him, but then said he'd like the house to comply with setback requirements. Blundetto stated concem with existing blind spots caused by homes in other neighborhoods that are too close to the street. Edgeton related her appreciation for the petitioner bringing the setback discrepancy to staffs attention, but she went on to say she has a concern reducing the setback. MOTION: Blundetto moved, seconded by Churchill, to deny the variance requested. Motion carried 6-0. Planning Commission Minutes Apri17, 1999 Page 4 E. Site PIan/Building Permit Authorization for Kohl's Store in Fischer Market Place Lovelace introduced the item. He noted that there is a second access to the loading dock off of Foliage Avenue. The city's engineer has approved the proposed grading and utility plan. The street plantings are wnsistexrt with the overall landscape plan for the site; however, the forester has made some suggestions for the foundation plantings. Also, the Plammed Development requires bermiug on the north side. Lovelace concluded by saying the elevation drawings need to be labeled consistent with the building placement on the pad itself. Edgeton stated she was not pleased with the look ofthe back ofthe building. She asked if the west wall will be connected to another building in the future. Lovelace replied affirmatively that the west wall is of common wall construction. Bill Mauer of Probe Engineering, representing the petitioner, stated he had not heard any concerns that wmdd not be accommodated. He said an 8-foot sidewalk and keystone retaining wall will be on the north side, and that 147th Street is about 10 feet lower than the site. He closed by saying cross easements are expected for both access and parking. Bergman expressed wncem that there were only nine plant types over six feet tall. He also felt the reaz fence needs work. No action was taken on the item. 7. OTHER BUSINESS A. Sketch Plan for Redevelopment of Seed Property (Barton Sand & Gravel Mining Pit) by Genstar Community Development Director Rick Kelley introduced the item. Peter Galtier with Genstar introduced Jim McComb to provide results of their market research. McComb showed overheads of the following: (I) defined trade areas; (2) primary trade area; (3) demographic characteristics. He stated they aze looking at how much more commercial space could be absorbed in Apple Valley. Potential businesses include: book store, office supply, electronics, sporting goods, arts and crafts, furniture, building supplies. Mike Gair, planner for McCombs, Frank, Roos showed a revised land use sketch incorporating mostly residential on the southern portion of the pazcel with pedestrian walkways throughout. There will be nodes of interest at each land use transitional point. The commercial sector on the north would have some type of visual corridor, perhaps a street access, from County Road 42. Blundetto stressed the importance of attracting a nice restaurant. Bergman asked about the likelihood of gaining the desired access off County Road 42 in light of Dakota County's policies. Kelley said he thought it likely that something wind be worked out for access. 9. ADJOURNMENT MOTION: Blundetto moved, sewnded by Bergman, to adjourn. Motion tamed 6-0. The meeting adjourned at 9:42.