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HomeMy WebLinkAbout10/02/2002CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES OCTOBER 2, 2002 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Karen Edgeton at 7:00 p.m. Members Present: Karen Edgeton, John Bergman, David Schindler, James Hadley, and Tom Melander Members Absent: Tim Burke and Jeannine Churchill Staff Present: Community Development Director Rick Kelley; City Planner Tom Lovelace, City Attorney Sharon Hills, Assistant Planner Kathy Bodmer, and Assistant City Engineer Jacob Fick 2. APPROVAL OF AGENDA Edgeton asked if there were any changes to the Agenda. Community Development Director Kelly stated that he would like to add under "Other Business", the Hidden Ponds Open House. Chair Edgeton also added that she would like to add a couple of miscellaneous items under "Other Business". Chair Edgeton called for approval of the Agenda as amended. MOTION: Hadley moved, seconded by Bergman, to approve the Agenda as amended. The motion carried 5-0. 3. APPROVAL OF MINUTES OF SEPTEMBER 18, 2002 Edgeton asked if there were any changes to the minutes. There being none, she called for their approval. MOTION: Hadley moved, seconded by Melander, to approve the minutes. The motion carried 5-0. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS None. 6. A. Knottywoods 3rd Addition - Rezoning to R-3 and Preliminary Plat for 2 Lots Kathy Bodmer, Assistant Planner, presented the request for Knottywoods 3`d Addition. Gerald Wageman of J.L. Wageman Homes, requests a rezoning, preliminary plat to subdivide one single parcel into two lots, and a variance from 20,000 sq. ft. waterfront lot area to create a lot of 18,725 sq. ft. in order to create one lot for construction of a single family home. Bodmer reported the property is located at 13460 Pilot Knob Road and presently contains one single family home. The new lot would be created south of the existing lot and would gain street access from Embry Way, dedicated as a public street as a result of the Whispering Pines (Shackelford) development. Bodmer reported that the parcel lies within the confines of the "SH" (Shoreland Overlay) district of Long Lake which requires a minimum lot size of 20,000 sq. ft. for a waterfront (riparian) lot and 15,000 sq. ft. for a non-waterfront (non-riparian) lot. In addition, Pilot Knob is designated by the Department of Natural Resources (DNR) as part of Long Lake and is, therefore, a recreational development lake. As a result, any development on the lot must comply with the requirements of the Shoreland overlay district with special care given to protect the Shoreland area of the pond. The Shoreland is determined by the ordinary high water (OHW) level of the pond, which is 902.4. The northern lot is a riparian lot with 18,725 sq. ft. of lot area above the lake and will require a variance from the lot area requirement. The southern lot isnon-riparian with a lot area of 15,059 sq. ft. Bodmer stated that the Planning Commission held a public hearing on this request at their meeting of September 18, 2002, during which the Commission asked staff to review and analyze several issues that arose during the meeting. Bodmer presented a written synopsis of comments and issues that were raised at the public hearing along with staff's responses. She stated that for procedural reasons, she will have Jacob Fick, the Assistant City Engineer, discuss his findings to the Commission regarding the storm water runoff issues and after Ficks' report, she will address other issues that were raised by the Commission. Assistant City Engineer Jacob Fick addressed the Commission regarding the effect on Pilot Pond and Farquar Lake by any extra drainage created by the impervious areas. Fick presented his findings in a written report to the Commission. Fick reported that if the Pilot Pond/Farquar Lake drainage area were developed to its maximum potential allowed by existing zoning ordinances, the lake level would rise 1/16d' of an inch. Chair Edgeton asked Fick if this analysis included existing property owners who might subdivide in the future. Fick reported that the analysis was based on ten of the existing owners subdividing. Edgeton also asked how this watershed compares to other watershed areas in Apple Valley. Fick reported that the Fazquaz/Pilot Pond watershed covers an area that is about 1/4th of Apple Valley. Edgeton asked what is the present water level. Fick reported that as of September 9th, the water level of Fazquaz is 898.65 and the normal level is 898.4 feet, resulting in .25 over the normal. Bodmer proceeded to review her findings with the Cormission. Bodmer presented aerial photographs of the subject area dating back as early as 1937 indicating the shoreline and water level in relation to the subject property. Commissioner Bergman questioned why the rain garden shown on Whispering Pines development was never installed. Bodmer reported that staff does not do soil testing and that soil testing is done by the developer. The developer of Whispering Pines did conduct a soil test after the project was approved and it was discovered that the soil had too much clay in it and was not suitable for a rain garden. Edgeton stated that there needs to be some kind of policy and procedure in place to ensure that a property can accommodate a rain garden and that approval of a project be contingent on that. Commissioner Bergman asked Bodmer if there are any more rain gardens in the City that have not been completed. Bodmer stated there are none that she is aware of. Commissioner Bergman informed Bodmer and members of the Commission that even though the overall project looks like it would be an improvement over the existing property, he would not want to grant a variance unless it could be proven there is a hardship of the land. After review and discussion of Bodmer's report, Bodmer concluded that she is recommending approval of the project with the conditions outlined in her report. Bodmer stated that even though there is no hardship, the project does meet the spirit and intent of the ordinance in granting a variance. The project also encourages city water/sewer system and is an improvement over the existing property. Chair Edgeton stated that this is not a public hearing but if there is any more new information that was not presented at the last meeting, the Commission will take those comments at this time. Wilton Anderson, 5441 134th Street West, addressed the Commission. Anderson had surgery and was not able to attend the public hearing that was held on September 18, 2002. Anderson informed the Commission that he has had flooding problems and it is more than every 100 yeazs. He has lived at the property since 1962. He indicated that the Mayor, City Engineer and Public Works Director looked at his property after the last flood. He stated that due to new development and storm water drainage problems, 40% more of his property on Long Lake is under water. He opposes the project. He stated the City has indicated there is a problem with the watershed and it is not cost-effective for the City to fix. In addition, the upgrade on Pilot Knob Road and the Whispering Pines development have contributed to an already existing problem. Anderson is very concerned about water problems if the area is built out to its maximum potential. Anderson feels that the only way to improve the situation would be for the City to install more lift stations and larger pumps. Chair Edgeton proceeded to inform Anderson that her house has been flooded many times even though it is not near a lake or pond and that she has since installed a sump pump to try to alleviate this problem. Chair Edgeton also informed Anderson that the DNR has indicated that the proposed changes to the subject property would be an improvement to the present situation. Commissioner Schindler stated that he agrees with Commissioner Bergman's earlier statement that he has a problem granting a variance and changing zoning when there is no hardship. He indicated he could not see changing zoning that would result in additional impervious surface. Jeffrey Lofgren, 13575 Elkwood Drive, addressed the Commission. He questioned what the review process would be if the developer wanted to build a larger house, say 500 additional sq. ft., than the 3,000 sq. ft. house that is part of staff's recommendation. Chair Edgeton reminded Lofgren that the Commission has not approved the request and that if it were approved and the developer couldn't sell a home on the property, the developer could come back to the Commission with a request for an additiona1500 sq. ft. Ann Ohlendorf, 13445 Elkwood Drive, presented a petition from nearby residents who opposed the project. Edgeton reminded Ohlendorf that the public hearing was held previously and that comments are taken at that time. The Commission listened to Ohlendorf s comments and asked her to present the petition to staff to keep on record as part of this project. Bob Shackelford, a neighbor, spoke in support of the project. He indicated that it fits in with the City's Comp Plan and that the project would be a good addition to the neighborhood. Jerry Wageman, the petitioner, addressed the Commission. He indicated that when he bought the land he did not perceive any problems and that staff had indicated that he wouldn't have any problems. Bodmer stated 4 that staff informed Wageman that the zoning requirements would be met but he would still need City approval. In addition, Bodmer stated that Wageman did not have the exact square footage of the property when he presented his original plan to staff. The Commission requested Bodmer explain to Wageman the definition of a variance and the reasons for granting one. City Attorney Sharon Hills elaborated further on the variance definition and interpretation. Bodmer again stated that staff is recommending approval of the project. She stated it is consistent with City goals, it is consistent with previous development that has been approved in that area, and it does improve an existing situation. Commissioner Hadley recommended shortening the driveway so that a variance would not be needed. Bodmer stated that could possibly alleviate the need for a variance but she would have to scale it in order to make a determination. Commissioner Melander indicated that even though the proposed plans are better than existing plans, it still doesn't make it a good plan. Commissioner Melander is opposed to this plan. Commissioner Bergman stated that he is having trouble granting a variance for property that has a body of water right next to it and considers the previously approved Whispering Pines project totally different from this project. Chair Edgeton stated that she in agreement with staff that this request meets the spirit and intent of granting a variance and is in favor of this project. She feels the DNR's comments that the project would improve the situation should be taken into consideration. She also stated that the impervious surface that is being removed is all along the lake and is only a difference of 30 sq. ft. less. MOTION: Melander moved, seconded by Bergman, to recommend approval of the rezoning of the property from "R-1" (Single family residential, minimum lot 40,000 sq. ft.) to "R-3" (Single family residential minimum lot 11,000 sq. ft.). The Commission voted 2-3 to recommend approval. Mofion failed. MOTION: Melander moved, seconded by Bergman, to recommend approval of the preliminary plat of Knottywoods 3Ta Addition with the following conditions: a. The impervious surface area constructed on Lot 2 shall not exceed 3,000 sq. ft. b. The plat shall show the dedication of a drainage and utility easement over that portion of Pilot Pont abutting the proposed plat. c. The plat shall show the dedication of a conservation easement over the 15-foot buffer area adjacent to Pilot Pond's OHW. The Commission voted to recommend approval 2-3. Motion failed. 7. OTHER BUSINESS Rick Kelley, Community Development Director, reminded the Commission of the Hidden Ponds Open House, scheduled for October 4, 2002, from 3:00-6:00 p.m. Chair Edgeton requested that staff include the City Council minutes ni the packet of material to the Planning Commission. Chair Edgeton also requested that the Planning Commission minutes have more detail on the comments made by the Commission and that the comments be more specifically related to individual members. 8. ADJOURNMENT MOTION: Commissioner Hadley moved, seconded by Schindler, to adjourn the meeting at 9:05 p.m.