HomeMy WebLinkAbout06/16/1999CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
June 16,1999
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, Frank Blundetto (arrived at 7:03), Jim Hadley, John
Bergman, Jeannine Churchill, Tim Burke, Tom Melander.
Members Absent: None.
Staff Present: Assistant Planner Kathy Bodmer, Assistant Planner Tom Lovelace, Planning Intern
Mazgazet Milton, Community Development Director Rick Kelley, Consulting Engineer Keith Gordon,
City Attorney Sharon Hills, Community Development Secretary Nelda Werkmeister.
Others Present: See sign-in sheet.
2. APPROVAL OF AGENDA
Bergman asked that 7B, Public Nofice Signs, be added to the agenda.
MOTION: Burke moved, seconded by Hadley, to approve the agenda as revised. The motion
carried 6-0.
3. APPROVAL OF JUNE 2,1999 MINUTES
MOTION: Burke moved, seconded by Churchill, to approve the minutes as submitted. The
motion carried 6-0.
4. CONSENT ITEMS -None -
5. PUBLIC HEARINGS
Chair Edgeton opened the hearing at 7:02 p.m. with the standazd remazks. Assistant Planner Kathy
Bodmer introduced the item. She explained that independent living facilities are a conditional use in
the "LB" zoning district.
Tim Scott, Director of Residential Services for Fraser Community Services, described the history
and current services of Fraser, which include three other aparhnent locations. All residents aze
diagnosed with mental retardation. Dakota County Human Services had approached Fraser regarding
this project because of the number of consumers in this area and the prime location.
Don Curwick of KKE, architect for the project, explained the building and site design. He pointed
out that the bicycle shed would also enclose the trash containers, and that the building would have a
sprinkler system for fire control.
Edgeton asked about screening berms, and Bergman noted the absence of plantings on the north
side. Curwick said they berms aze not in the plan because the facility is residential, and they wanted it
to feel part of the rest of the residential neighborhood. He went on to say there are trees outside the
property line, and that they are open to possible changes to the landscape plan.
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June 16,1999
Page 2
Bergman expressed concern about access to public transportation. Bodmer will have additional
information for the next meeting.
Burke asked about future development of the remainder of the pazcel. Kelley explained that the
purchase agreement with the City was for the entire parcel, but broken into two pieces. There is
potential for a private school, but Fraser will fast have to undertake a fundraising campaign.
Mazk Ceminsky of 14625 Hallmark Drive distributed a packet of information to the Planning
Commission. He said that in 1988 the property was deemed park land and armory use only. He went
on to say he hated to see the loss of trees, and that a better site for the project would be next to Woven
Hearts. He noted that the public hearing notice signs were not placed early on, and that 147th Street
and County Road 42 is not a controlled intersection.
Blundetto responded that all trees would have been lost if the armory had been built and reminded
the audience that the pazcel in question is not pazk land.
Edgeton asked Bodmer to clarify the permitted uses in the "LB" zoning district. Bodmer did so
and noted that the rezoning to "LB" took place in 1995.
Debra Davids of Hayes Road asked why the project needed to be built at the proposed location.
Greg Buhta of 15762 Hershey Court introduced his son Nick, who is developmentally disabled.
He said there is a great shortage of independent living in Apple Valley and Dakota County, and he is
excited about the development.
Jill Carter of 14650 Guthrie Avenue asked about potential turnover of the property and expressed
concern for the loss of trees.
Bodmer clarified that typical apartments do not comply with current zoning. She gave a brief
history of the site in reaching the "LB" designafion in 1995. She also noted that berming on the north
side had been discussed as a requirement with the thought at that time that an office building would be
constructed.
Hadley asked about the distance to the single-family homes.
Edgeton closed the public heazing at 7:55 p.m.
B. Chateau Estates 8th Addition -Preliminary Plat to Subdivide 1 Lot Into 3 Lots
Chair Edgeton opened the hearing at 7:57 p.m. with the standard remarks. Assistant Planner Tom
Lovelace introduced the item. He noted that this proposal meets the minimum 150-foot lot width
requirement. The applicant is proposing to move an existing garage to meet the width and setback
requirements.
Gary Buesgens, the petitioner, showed a color rendering of the proposal and demonstrated
significant distances between homes as proposed.
Ken Malecha of 8448 133rd Street Court said the other homes in the neighborhood aze set along
the street. He stated his concern is that the petitioner's front window will stare into his back yard
because it is set back so faz.
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June 16,1999
Page 3
Jack Forsythe of 8481 133rd Street stated he and his neighbors paid a premium to live in an
upscale neighborhood, -and that the proposal doesn't fit into the architectural integrity of the
neighborhood. He also expressed concerns about fire protection.
Lovelace responded that fire protection was reviewed by the fire mazshall and found to be
adequate, that 500 feet of hose is available on the trucks. He went on to say an environmental review
is not necessary because the wetland on the site will not be impacted by construction of the proposed
units, nor is an environmental review triggered by the Wetland Conservation Act because no filling or
alteration of wetlands is proposed.
Consulting Engineer Keith Gordon explained that water pressure at the two new homes proposed
would be 65 ps.i., the recommended minimum and maximum being 40 and 80 ps.i. The water
pressure of the existing homes would not be affected by the addition of the two new homes.
Jack Forsythe asked about setback standards.
Roe Hatler of 13141 Hannover Court said he lives east of Chateau Estates and currently looks into
lots of timber. He expressed concern that this subdivision would set an unfavorable precedent.
Edgeton asked Lovelace to point out any other lots eligible for subdivision. Lovelace responded
that he thought only Lot 26 of Chateau Estates could potentially be subdivided.
Melander reminded the audience that it is not within the City's authority to enforce covenants, and
Blundetto stated that their job is to look at land use.
C. Subdivision Into 2 Parcels by Metes & Bounds Description by Pahl Farms
Bodmer introduced the item.
Jim Walston introduced himself as the attorney for Pahl Farms and the Pahl Family, He explained
that the 10-acre greenhouse pazcel is to beheld by a separate entity for estate planning purposes. The
easement dedications requested by the City amount to over 1 1/2 acres of land, which the petitioner
objects to because there is no increase of use being proposed. They are willing to explore squaring off
the pazcel, but Walston pointed out that there is right-in/right-out access off 160th Street.
D. Planned Development Zoning for Mixed Use Development of Barton Sand & Gravel Pit
by Genstar & Seed Trust
Chair Edgeton continued the public heazing to the next meeting.
6. LAND USE/ACTION TTEMS
A. Cedar Highlands -Rezoning & Preliminary Plat to Consolidate 3 Existing Lots for 112
Rental Apartment Units in 8 Buildings
Assistant Planner Tom Lovelace introduced the item. He noted that the parking proposed now
exceed the guest parking requirements.
MOTION: Burke moved, seconded by Churchill, to recommend approval of rezoning from "RB"
and "M-6C" to "M-7C", subject to the fmal approval of the City's draft Comp Plan Map which
designates the property "HD". Motion carried 7-0.
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June 16,1999
Page 4
MOTION: Burke moved, seconded by Churchill, to recommend approval of Cedaz Homes First
Addifion preliminary plat. Motion carved 7-0.
MOTION: Burke moved, seconded by Churchill, to recommend. approval of the site plan and
building permit authorization for Cedaz Highlands, an eight building, 112-unit apartment complex on
Lot 1, Block 1, Cedar Homes First Addition preliminary plat, subject to the following: (a) approval of
building setback variance of 17 feet to allow for a reaz Yazd setback between the two west central
buildings of 33 feet due to the irregulaz shape of the lot; and (b) revisions to the landscape and grading
plans that reflect the increase in guest surface pazking spaces. Motion carried 7-0.
B. Site Plan/Building Permit Authorization and Variance for Rear Setback for Northern
Natural Gas Upgrade
Planning Intern Margaret Milton introduced the item. Bergman asked if the proposed fence was
chain link.
Brad Brown, representing Northern Natural Gas, explained their business and the need for the
expansion. He stated their engineering standards call for a chain link fence, that a wooden fence is not
acceptable because of its flammability, and that a wrought iron fence does not provide screening.
Brown clazified the fence height is six feet.
Hadley asked if the facility could be turned 90 degrees to increase the rear setback. Becky
Sansussi, an engineer with Northern Natural Gas, said it may be possible to turn the building, but they
do want to leave some space for potential future upgrades
Edgeton stated that because it is a utility-type building, she doesn't have a problem with the
proposal.
Richard Pilon, senior engineer with Minnegasco, described their increased customer demand has
tapped out the current distribution system for Apple Valley. The proposed upgrade is proposed to
serve adequately until the year 2020. Also, Minnegasco will have a couple above-ground regulators
within Northern's fenced area.
Blundetto stated the petitioner needs to look at turning the building, but that he didn't want to
delay the project, so perhaps staff could work it out.
Churchill asked about the critical nature of the September 1 deadline. She noted that turning the
building would result in only aneight-foot difference.
MOTION: Burke moved, seconded by Blundetto, to recommend approval of the site plan and
building permit authorization for the Northern Natural Gas meter station with the condition that a
nursery bid list be submitted that confirms the landscape materials meet or exceed 2 1/2 percent of the
value of the construction of the buildmg, based on Means Construcfion Data. Motion carried 7-0.
MOTION: Burke moved, seconded by Blundetto, to recommend approval of a variance for a plat
with a reduced lot area of 8300 squaze feet from the required 15,000 square feet. Motion carried 7-0.
MOTION: Burke moved, seconded by Blundetto, to recommend approval for a variance for
reduced reaz setback of five (5) feet from the required twenty feet. Motion carried 7-0.
Planning Commission Minutes
June 16,1999
Page 5
7. OTHER BUSINESS
A. Consider July Meeting Date
Kelley explained the need for the Planning Commission meeting date change.
MOTION: Burke moved, seconded by Churchill, to move the July meeting date of the Planning
Commission to July 14th. Mofion carried 7-0.
B. Public Notice Signs
Bergman asked if staff has standards controlling the placement of public notice signs. He said that
Lakeville and Prior Lake have much larger signs, and that he would like larger signs on major
thoroughfares.
Bodmer stated staff will provide a written report for the next meeting.
8. ADJOURNMENT
MOTION: Bergman moved, seconded by Burke, to adjourn. Motion carried 7-0.