HomeMy WebLinkAbout01/17/2001Planning Commission Minutes 1-17-2001 Page 1 of 4
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
JANUARY 17, 2001
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair Kazen Edgeton at 7:00 p.m.
Members Present: Karen Edgeton, John Bergman, Tom Melander, Jim Hadley, Tim Burke
Members Absent: Frank Blundetto, Jeannine Churchill
Staff Present: Consulting Engineer Keith Gordon, City Attorney Sharon HdLs, Assistant Plaaner Kathy Bodmer, Assistant
Planner Margaret Mflton, City Planner Tom Lovelace
2. APPROVAL OF AGENDA
MOTION: Burke moved, seconded by Melander, to approve the agenda. The motion carried 5-0.
3. APPROVAL OF JANUARY 3, 2001 MIlVLTTES
MOTION: Burke moved, seconded by Melander, to approve the minutes as submitted. The motion carried 5-
0.
4. CONSENT ITEMS -None -
5. PUBLIC HEARINGS
A. Rezoning from "R-1" to "R-3" and Preliminary Plat to Create 6 Lots for Single-Family
Development at 13472 Pilot Knob Road by Bob and Cindy Shackelford
Assistant Planner Kathy Bodmer introduced the item. She noted the existing three lots were created in 1955
and kept large partly to accommodate private septic systems. Bodmer reviewed the Comprehensive Plan
discussion of vacant and underdeveloped lots, as well as the redevelopment issues identified at the 9/29/99
Planning Commission work session.
Edgeton asked if the entire private roadway Embry Way would have to be acquired to create the public street
needed for the proposed subdivision. Bodmer said only what is adjacent to the subdivision would have to be
public street. There was considerable discussion about the street, including issues of a temporary hammerhead,
timing of a completed cul-de-sac when a temporary hammerhead could be removed, proximity of the existing
house to the proposed hammerhead. Bergman asked if the two cul-de-sacs (Embry Way and proposed) would
eventually be connected. Engineer Keith Gordon stated there is a large ridge which would make it difficult and
harmful to the environment to proceed with such a connection. He also said the northern cul-de-sac is pretty
much inevitable in order to provide future access for the underdeveloped lots when development occurs, as
well as to remove driveways onto Pilot Knob.
Burke asked for a review of the water and sewer connections, and Edgeton wanted to know if bringing city
sewer and water in would make it easier for other nearby property owners to connect with the city's system.
Bodmer stated that both lots are currently served with water and sewer from Pilot Knob. Gordon explained
that three homes located along Embry Way have a lib station associated with sealed septic tanks that pump
directly to the sanitary sewer.
The petitioner Bob Shackelford gave a history of the azea since buying his property in 1988. Neighbors have
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inquired about road improvements on more than one occasion. The cost estimate provided ih 1991 was
$465,000. He noted that Minnegasco put in services to the end of the cul-de-sac in the early 1990's.
Shackelford noted that the Dakota County Highway Department would like to see driveways onto Pilot Knob
eliminated to improve traffic flow and safety. He shazed traffic counts and his personal concem about safety in
relationship to the volume of traffic on Pilot Knob Road. Finally, Shackelford referenced the redevelopment
policy recommended by the Planning Commission and adopted by the City Council in 1999. He stated the
houses to be built would be reflective of what is aheady in the neighborhood. He closed by reading for the
record a letter of support signed by several of his neighbors.
Bergman cited Shackelford's concerns about traffic on Pilot Knob Road and noted the subdivision would add
trips onto Pilot Knob. Shackelford responded that most of the traffic comes from the south, much of it out of
Famungton and Lakeville, which he cannot control.
Edgeton said she would like to see staff participate in a conversation with owners of Lots 10 and 11 in
Knottywoods, and preferably other abutting property owners as well, given the question of disposition of the
street and extension of a cul-de-sac.
Melander asked about direction of runoff from the lots. Gordon said the runoff goes to a catch basin next to
Pilot Knob Road and runs into the pond to the north known as Pilot Pond. He also stated he anticipates less
than half an acre of increased impervious surface as a result of this development. Given a 100-year storny this
would increase the peak by about 1/50 of an inch. Gordon also calculated the total impact of all in-fill
development in the azea (about 70-80 acres) on the total basin area of 2000 acres to be one-quarter of an inch.
He said the City has committed to the Fazquaz Lake Association to use soaking methods (like rain gazdens)
wherever possible.
Grant Jacobson of Jacobson Engineers and Surveyors, representing the petitioner, shared some key points. He
stated the existing road is currently 60 feet wide, which meets current city standards for a public street, and
that the right-of--way is there if the street needs to be widened. Jacobson said they considered a cul-de-sac on
site for the development, but suggested a hammerhead to reduce the amount of impervious surface. He noted
that impervious surface cannot exceed 30%. Rain garden detail can be provided at the next meeting. Jacobson
went on to say the only extensive grading proposed is where the street would be constmcted and the tie-in
points. They plan to save many of the trees. The proposal would improve safety/traffic by bringing driveways
off of Pilot Knob Road and onto the less-traveled,. newly constructed roadway.
Hadley asked about the width and length of a nomral hammerhead. He also suggested the neighbors to the
west be asked about their feeling of constmcting the cul-de-sac (which would traverse their properties) now
instead of installing a temporary hammerhead.
Bill Sherry, President of the Farquaz-Long Lake-Pilot Pond Watershed Association, said he has concerns
about the impact on the levels of the water bodies. Though he said he does not know how to dispute Gordon's
numbers, they don't make sense to him, citing an eight-foot water level in his yard last summer. Gordon stated
there has been only one 100-yeaz storm in Apple Valley in the last 30 years. Sherry stated he speaks as an
individual since their Association has not met yet to discuss the proposal. He said there were septic systems
under water at Long Lake this summer. Sherry asked that the City dedicate the property taxes needed to fix the
problem:
Hadley asked about the meeting between the Association and the City that was to occur. Sherry said they did
meet, and that everyone came away from the meeting chagrined, that the only action agreed to was that the
City would keep trash off the grates so the flow would be more efficient.
Gordon stated that it is wrong to assume that the lake would remain stable with no outlet or development.
Melander asked if a pump regulates the lake. Gordon responded affirmatively.
Sandy Ostrem of 13640 Embry Way stated her concem with disposition of the street, if part of it becomes
public and part of it remains private. She cited environmental concerns and increased iYa~c on Embry Way.
Melander said he doesn't want to see anyone forced off their property because of improvement costs brought
to beaz through individual assessments.
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john Houston, who resides on the north side of Fazquaz Lake, said he didn't think the Lake Association was set
up to stop development. He noted that the 3% of land remaining to develop would be scrutinized more than
the previously developed 97%. Houston stated he is all for water quality and flood control.
Michelle Klemz of 13599 Embry Way said she is in favor of this proposal, that Embry Way gets very slippery
in the winter.
Cindy Dorken of 5290 132"d Street said as a result of this development more water would be pushed into Pilot
Pond, and that the flooding on Long Lake is more significant than on Fazquaz Lake. She stated the proposed
Smith lot split was projected to have an impact of 1/16 of an inch, and that these six lots are supposed to have
an impact of only 1/50 of an inch? Gordon said the difference is that the runoff from these lots aheady goes to
Pilot Pond. The Smith lots drainage would have been a change from a sinkhole to a catch basin that eventually
drained into Fazquaz Lake. The calculations made recognize the fact that some of the water goes into ponds
that do not directly impact the lake level.
Ann Ohlendorf of 13445 Elkwood Drive said her lot backs up to Pilot Pond, which is now considered a
settling pond since the Pilot Knob Road improvements. She stated she plans to document how the water rises,
and that she thinks the road will have a major impact.
There being no other comments, Edgeton closed the public hearing at 8:45 p.m. She declared atwo-minute
recess and reconvened the meeting at 8:45 p.m.
6. LAND USE/ACTION ITEMS
A. Planned Development Rezoning for Carlton Lakes Mixed Used on the South Side of Co. Rd. #42 and
Johnny Cake Ridge Road by Newland Communities
City Planner Tom Lovelace described the proposal, noting that the subzone boundaries could be moved
somewhat, but any significant change would require an amendment and public hearing.
Peter Fischer of Fischer Sand and Aggregate said he had one exception to the staff report on page 2, and that is
that the extension of 153' Street easterly and Johnny Cake Ridge Road caanot be done because they go
through their operations. Fischer read a letter outlining their five issues and submitted it for the record.
MOTION: Hadley moved, seconded by Burke, to recommend approval of rezoning a 237.7 acres site from
"SG" (Sand and Gravel) to "PD" (Planned Development) to allow for vaziety mixed residential,
commerciallretail and business park uses subject to the following condition: the Plamting Commission shall be
granted the opportunity to review the Carlton Lakes Plaaned Development Agreement and make a
recommendation regarding this agreement to the City Council. Motion carried 5-0.
7. OTHER BUSINESS
A. Revised Sketch Plan for Duplex Development, Located on the Southeast Corner of Pilot Knob Road
& Diamond Path, by Makeshwar Fip Motiall
Assistant Planner Margaret Milton introduced the revised plan. She outlined the primary issues: insufficient
guest parking, roadway concerns, and sanitary sewer connections. This proposal has changed by reducing
density from 22 units to 11 units, and also eliminating the incorporation of the Petter parcel.
Edgeton said she was not overly enthusiastic about the sanitary sewer line coming across the Petter property or
building a road on somebody else's property.
Melander commented that septic systems would eventually go awzy regazdless of development, given that
they are inspected and will be found noncompliant once they fail. Attorney Shazon Hills clarified that septics
must be inspected and pumped every three yeazs. They are also subject to inspection when an improvement of
the property is requested, such as a building permit for an addition.
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Hadley asked why the sanitary sewer line can't come off of Pilot Knob. Gordon said it's a matter of gravity
flow, and that they would want to take advantage of the opportunity to run lines that can serve other lots in the
future.
Melander said in comparison to the Shackelford proposal, this project is double the density and even closer to
Fazquaz Lake.
Gary Tushie of Tushie Montgomery, representing the petitioner, said the project economics to decrease the
density would not work without acquisition of the Pettey property.
Edgeton stated her preference that the property owners talk about it, and that redevelopment issues need to
encompass more parcels. She said she is still uncomfortable with the density, and Bergman concurred.
Tushie said that the runoff would actually be reduced by this proposal. A rain garden would filter
hydrocazbons, etc., which would improve the lake's water quality, where leaching of septics currently occurs
Hills pointed out that city ordinance requires asingle-family home have direct public street access, which is
not shown as part of this proposal.
B. Sketch Plan For Planned Development Amendment to Allow Retail. Sales in Office Park District,
Located at 14990 Glazier Avenue, by Huntington Learning Center
Mflton introduced the sketch plan proposal. She noted a correc5on to the staff report in that Huntington
Learning Center does not give music lessons.
Chad Goldenberg of Huntington Learning Center stated their intent is to have limited retail occupy currently
unused space in their buIlding. He noted that art, interior decorating and photographic or music studios aze
permitted uses.
Discussion revolved around the definition and impact of retail sales in the Planned Development subzone. The
site is currently underparked and would require 5 additional spaces if a retail operation were permitted on site.
There was consensus that ancillary retail sales in relation to a music studio, for example, would be acceptable.
The Commission, however, did not deem a primary retail operation appropriate in this location.
8. ADJOURNMENT
Bergman moved, seconded by Melander, to adjourn the meeting. Motion carved 5-0. The meeting was
adjourned at 10:17 p.m.
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