HomeMy WebLinkAbout03/15/2000CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
MARCH 15, 2000
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair Karen Edgeton
at 7:00 PM.
Members Present: Kazen Edgeton, Tim Burke (arrived at 9:00 p.mJ, Tom Melander, John Bergman,
Jim Hadley, Jeannine Churchill and Frank Blundetto.
Members Absent: None.
StaffPresem: Community Development Director Rick Kelley, City Planner Tom Lovelace, Assistant
Planner Kathy Bodmer, Assistant Pkumer Mazgazet Milton, Consulting Engineer Keith Gordon and City
Attorney Shazon Hills.
2. APPROVAL OF AGENDA
MOTION: Churchill moved, seconded by Hadley, to approve the agenda. The motion carved 7-0.
3. APPROVAL OF MARCH 1, 2000 MINUTES
Churchill stated the minutes should reflect her presence at the March 1 meeting.
MOTION: Melander moved, seconded by Bergman, to approve the minutes as amended. The
motion carried 6-0 (1 abstemion -Burke).
4. CONSENT ITEMS -None -
5. PUBLIC HEARINGS
A. Motor Fuel Sales, Car Wash & 24 Hour Operations Conditional Use Permits; Site
Plan/Building Permit Authorization for 5490 s.f. Gas/Convenience Store
Edgeton opened the public hearing at 7:02 p.m. with standard remazks.
Assistant Planner Kathy Bodmer introduced the project.
The Commissioners posed questions regarding scree17111g for trash enclosure, the use of a detached car
wash, the necessity of an additional entrance off Dodd, and extended hours request. Bodmer stated the
Planned Development currently requires businesses be closed from 1-6 a.m., as an offshoot of the
underlying zoning of NCC (Neighborhood Commercial Center).
Scott Teigen, Director of Real Estate for Kwik Trip Stores, stated they originally proposed an attached
car wash. However, upon staffs recommendation, they changed their plan to get the car wash blower
further away from the residents. Kwik Trip has also agreed to limit car wash hours to 8 a.m.- 10 p.m.
Teigen went on to say Kwik Trip is an offshoot of grocery, so a 24-hour operation is important. At the
least they would want to open at 5 a.m. They don't sell Playboys and will be a good neighbor. He
responded that the additional driveway off Dodd is a convenience to the customer and also allows traffic to
move a little quicker. He closed by saying they would address the 5% landscape requirement and that they
agree to the shazed driveway access with the bank. He noted the vacuums would be to the left of the exit
from the caz wash.
Planning Commission Minutes
March 15, 2000
Page 2
Bergman asked for clarification of the hours. Teigen responded they would prefer 5 a.m, to 1 a.m. if
not allowed 24 hours.
Hadley asked about the columns on the building. Teigen said they extend 6 inches beyond the regulaz
wall and aze attached to the building.
Churchill noted the grading plan shows a berm along Diamond Path and wondered how high that
would be. Teigen said it would probably cover about half the window. Edgeton requested across-section
of that azea for the next meeting.
Kelly Stenzel of 15125 December Trail in Rosemount, submitted a petition with 103 signatures in
opposition to the car wash and 24-hour operation. She observed no need for such a facflity because this
would be the sixth one in a 3.5 mile-radius.
Amy Ginter of 15133 December Trail in Rosemount requested the berm be raised or a fence put on top
of it. She said if she needed something during the night for a sick child she would go to Cub.
Patrick Staley of 15139 December Trail in Rosemount stated his opposition to all the conditional use
permit requests.
Sara Cook of 15132 December Trail in Rosemount asked about the permitted noise level and the caz
wash. Bodmer answered that the MPCA sets the guidelines, and that the lazgest help to minimize noise in a
car wash is to keep the doors closed.
Bergman asked if Kwik Trip had given any consideration to operating without the car wash. Teigen
said, 'Tlo, but we will."
There being no other public comments, Edgeton closed the hearing at 7:47 p.m.
B. Rezoning to Evermoor Planned Development; Preliminary Plat & Site Plan/Building Permit
Authorization for Mixed Residential Development (6 Large Lot Single Family & 52 Low Density
Townhomes)
City Planner Tom Lovelace introduced the item.
The Commissioners posed questions or concerns relating to tree loss, Dakota County's concerns with
road access to Diamond Path, the proposed trail system, and which city would best provide fire protection
and utilities.
Tim Erkilla of Westwood Professional Services, representing the petitioner, stated they plan to provide
multiple housing styles of very high quality. Overall there is about 34% open space and about 50% open
space in the Apple Valley portion alone. Erkilla showed an aerial photo and the overall development plan.
Concerns that surfaced through the AUAR process included: traffic, storm water management. and tree
removal He said their most recent trailway plan goes around Birger Pond, but leaves the wetland area in
the northwest portion in a natural state. Tree loss is estimated to be about 14% overall.
Hadley asked about a sidewalk along the private townhouse street. Ed Haesek, also of Westwood,
responded that would be appropriate.
Planning Commission Minutes
March 15, 2000
Page 3
Bergman queried as to the selection of a landscaped center island at the entrance. Erkilla stated the
selection was made to exemplify the notion of a parkway. Edgeton asked that the traffic engineer review
whether a landscaped center island has an adverse impact.
Blundetto wondered about annexation in relation to serving the six lots on the north. Erkilla
responded that those management issues, for which there aze several options, could be worked out between
the cities and the developer. Craig Rapp of Contractor Property Developers said he would be happy to lead
the discussion on what might be appropriate.
Rick Bnmeau of 13271 Diamond Path stated traffic is already severe on Diamond Patb, that it is a
mistake fo put townhomes there, and that acreages with lazger single-family homes should be developed.
John Houston of 13003 Diamond Path said he was impressed with the overall project and that he liked
the divided entrance. He wondered about the timing of determining the east-west road alignments
intersecting. Diamond Path.
Michael Mazdell of 12918 Derm~ark Avenue stated the transition proposed from beautiful trees to
single family homes on the north side is too drastic a change. He cited page 36 of the Comprehensive
Guide Plan referring to taking a lot of trees and changing the character; page 42 talking about neighborhood
buffering; page 47, natural resources and open space; page 134 , Pazk & Recreation systems goals and
policies, and page 165, density. He said his property is 2 acres and his neighbor's is 5 acres, and that this
transition would devalue his property. He asked for the methodology in determining the level of Binger
Pond, how the storm water and lift station costs are assessed, whether any variances are requested, and the
time for fire response.
Sarah Tmchet of 4635 129`" Street said she would like to see larger lots and that most of the property
that's been set aside is not buildable. She wem on to say that million-dollar homeowners usually have a lot
of toys, and she wondered what controls will be in place to avoid unsightliness. Finally, she questioned the
results of the traffic study conducted and said she supported a reduced speed limit on Diamond Path. A
letter was submitted for the record.
Jim Frisbee of 4690 129s` Street asked about identification and purpose of the outlots. He also asked
whether Binger Pond is a government survey lake. His preference would be aright-turn lane on Diamond
Path, but he expressed concern about taking all the trees out to accomplish that. Frisbee also stated that oak
wilt is rampant in the azea so many trees will probably be lost anyway. He felt the proposal offered a
decent job of development.
Craig Freeman of 4680 137`" Street said with the traffic volumes on Diamond Path, he wondered if
there was any consideration to make the secondary street a cul-de-sac.
There being no other public comments, Edgeton closed the public hearing at 9:23 p.m.
6. LAND USE/ACTION TTEMS
A. Pennock Place Senior Apartments -Preliminary Plat & Site PlanBuilding Permit
Authorization w/Parking & Density Allowances for 3-Story 108-Units at Pennock & 140x' Street
Bodmer introduced the item. She said the most recent plan submitted shows a gated access to 140s'
Street.
Planning Commission Minutes
March 15, 2000
Page 4
Gary Tushie, representing the petitioner, stated they prefer the gated access to a shazed access to the
east. Not knowing where the eastern access would be, it seemed unnecessary running a road 600 feet along
the property line. The access to 140` Street is not needed for the apartment operation, but has been
requested by the Fire Department.
Dan Pellinen, also representing the petitioner, said they met with staff last week. At that time the
turning radius needed for the newly ordered firetruck was unknown.
MOTION: Bergman moved, seconded by Melander, to table the item to allow staff and the
Commission time to review the new information. Motion carved 7-0.
B. Variance to Frontyard Setback for Porch Addition
Bodmer introduced the item.
The petitioner John Sullivan stated they would like to make their house more appealing and to enhance
the neighborhood.
MOTION: Blundetto moved, seconded by I Iadley, to recommend approval of the frontyard setback
variance for a porch addition because such front yard activity is consistent with the Comprehensive Plan
and has no negative impact on the neighborhood. Motion carried 7-0.
C. Site PIan/Building Permit Authorization and Exterior Materlals Variance for Wooden Salt
Storage Building
Bodmer introduced the item.
Neal Heuer, Apple Valley Public Works Director, stated the City's desire to lessen the environmental
impacts from outside salt storage runoff by storing it inside.
Melander expressed his view the building is ghastly, and that we should hold ourselves up to the same
standards as what we expect of others.
Bob Gussick, azchitect for the project, said afire-treated wood could be used, but that there was
concern about the amoum of chemicals put on the wood after fire-treatment, then painting and any
exposure to the corrosive effects of the salt.
Fdgeton asked Community Development Director Rick Kelley to clarify the intent of the ordinance as
to building materials. Kelley said the requiremems relate to aesthetics, appropriateness, and durability of
the materials.
Blundetto said that knowing where the building will be located, he didn't want to see money wasted on
landscaping on the interior greenstrip immediately surrounding it.
MOTION: Burke moved, seconded by Bergman, to recommend approval of the site plan building
permit authorization to construct a 11,200 squaze foot salt storage building on the Central Maintenance
Facility site with a variance allowing the use of alternate exterior building materials. Motion carved 7-0.
Planning Commission Minutes
March 15, 2000
Page 5
OTHER BUSINESS
A. Sketch Plan for Rezoning, Preliminary Plat & Site Plan/Building Permit Authorization for
Townhome Dwellings, Located on the Northeast Corner of McAndrews Road & Everest Trail, by
Centex Homes and Mike Mickelson
Assistant Planner Margaret Milton introduced the item.
Hadley said he agreed with connecting the two roads, and that the 50% brick requirement should be
adhered to.
Bergman asked if the Coumy's comments had been incorporated into the plan, and Milton replied that
they had not been yet.
Melandet stated he liked the concept.
Burke asked about the retaining wall. Consulting Engineer Keith Gordon stated an 18-foot wall would
have to be stepped, that it was too high to do in one shot, but that the materials used were not important.
Community Development Director Rick Kelley noted that the City Council has expressed concerns
about the appearance of tall retaining walls, and that a design that includes integral landscape materials
should be used.
Ed Haesek, representing Centex Homes, said this concept reduced the number of units from 56 to 46.
He stated concern with connecting the two roads because of the grade differences, but that they would
research that avenue.
8. ADJOURNMENT
MOTION: Churchill moved, seconded by Hadley, to adjourn. The motion carved 7-0. The meeting
was adjourned at 10:32 p.m.