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HomeMy WebLinkAbout09/18/2002Planning Commission Minutes 9-18-2002 Page 1 of 4 CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES SEPTEMBER 18, 2002 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Karen Edgeton at 7:01 p.m. Members Present: Karen Edgeton, John Bergman, David Schindler, Jeanne Churchill, James Hadley, and Tom Melander Members Absent: Tim Burke 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. There being none, she called for its approval. MOTION: Hadley moved, seconded by Churchill, to approve the Agenda. The motion carried 6-0. 3. APPROVAL OF MINUTES OF SEPTEMBER 4, 2002 Edgeton asked if there were any changes to the minutes. There being none, she called for their approval. MOTION: Melander moved, seconded by Hadley, to approve the minutes. The motion carved 5-0, with Schindler abstaining. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS A. Knottywoods 3rd Addition -Rezoning to R-3 and Preliminary Plat for 2 Lots Kathy Bodmer, Assistant Planner, presented the request for Knottywoods 3rd 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. H. 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 anon-waterfront (non-riparian) lot. In addition, Pilot Knob is designated by the Department of http://www.ci.apple-valley.mn.us/Minutes/planning_commission/2002/9-18-02.htm 9/14/2009 Planning Commission Minutes 9-18-2002 Page 2 of 4 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 is non-riparian with a lot area of 15,059 sq. ft. Bodmer stated that the DNR has reviewed this request and has no outstanding issues at this time. Members of the Commission questioned why the DNR did not comment more on this project, particularly since the reduced size of the lot does not meet the shoreland Overlay zoning requirements. Bodmer responded that she would get a more detailed explanation from the DNR prior to the next meeting. The parcel abuts Pilot Knob Road (County Road 31) and is subject to Dakota County's Contiguous Plat Ordinance. Bodmer has informed the developer that he will need to confirm that all right-of--way dedication requirements are met. The Commission had several issues that needed clarification and discussion. Member of the Commission questioned how much impervious surface presently exists on the lot and does it meet the shoreland Overlay zoning requirements? In addition, how much impervius surface would be added by creating a new lot with a new home? Bodmer stated that she had not received a grading plan and proposed house location from the applicant but will request it for the next meeting. The Commission would also like to know what size home could be constructed on the lot without increasing the impervious surface area. The Commission would like staff to determine how the lot split will affect Farquar, Long Lakes, Pilot Pond, and the future build-out. of Embry Way. Staff should also determine the water levels over the years as development has increased and the impact on current owners being flooded during heavy rains. Chair Edgeton opened the public hearing with the standard remarks. Vern Spindler, a resident of 13530 Embry Way, addressed the Commission. Spindler resides next door to the subject property. Spindler spoke of the problems he has had with storm water drainage as a result of the new Whispering Pines. He feels that further development will only increase the problem. Spindler spoke about rain gardens being promised as part of the Whispering Pines development but was never put in. He also mentioned that some of his shmbs were taken out as a result of Whispering Pines even though the developer had originally stated that they would not remove them. The Commission requested staff follow-up whether or not the rain garden was put in and if so, where it is located. Spindler reported that in recent years he put up a retaining wall and planted some evergreens to avoid some of the flooding on his property. In addition, Spindler has an issue with the proposed lot line being to close to his property. Bodmer stated that the roads are not complete in Whispering Pines and that the final plat has not been filed to date so no permits have been issued. Bodmer received a letter from Wilton Anderson who resides at 5441 134th Street, expressing his opposition to the project. A copy was given to members of the Commission and was read at the meeting for the records. Commissioner Melander stated that he had spoken to Anderson prior to the meeting regarding some of the storm water drainage problems on his properly. Gerald Wageman, of J.L. Wageman Homes, addressed the Commission. Wageman wanted to make a correction to Wilton's lettter. Wilton stated the developer is already constructing 6 homes and a street http://www.ci.apple-valley.mn.us/Ivlinutes/planning_commission/2002/9-18-02.htm 9/14/2009 Planning Cormission Minutes 9-18-2002 Page 3 of 4 adjacent to the Johnson property that was originally platted and zoned for 3 homes. Wageman informed the Commission that there are only 4 new lots and one existing lot. Wageman also added that between the property and Spindler's lot line is approximately 35 feet and is not as close as Spindler indicated eazler. The Commission directed staff address the issues that were brought forth and report back at their next meeting. Chair Edgeton closed with public hearing with the standard remarks. It is the policy of the Planning Commission to not take action on an item on the night of its public hearing. B. 2003-2007 Capital Improvements Program Charles Grawe, Assistant to the City Administrator, presented the City's 2003-2007 Capital Improvements Program (CIP). Grawe explained that the City prepares a 5-year Capital Improvements Program to establish a time frame for physical improvement projects and major equipment acquisitions relative to the need for them and the fiscal capacity to pay for them. A capital improvement is any project or piece of equipment costing more than $50,000. The Department of City Administration has put together this draft CIP for 2003-2007 after consultation with all other operating departments. Staff are recommending approval of this proposed 2003-2007 CII'. Chair Edgeton opened the public hearing with the standard remarks. There being none, Edgeton closed the public hearing with the standard remarks. It is the policy of the Planning Commission to not take action on an item on the night of its public hearing but since no comments from the public were received, the Planning Commission moved forwazd recommending approval of this item. MOTION: Commissioner Hadley moved, seconded by Bergman, to recommend approval of the proposed 2003-2007 Capital Improvements Program to the City Council. The motion passed 6-0. 6. LAND USE/ACTION ITEMS A. Qualtech Office Wazehouse Site Plan/Building Permit Authorization (Revised) City Planner Tom Lovelace reported that he received notice during the meeting from Jack Grotkin, representing R.J. Ryan, requesting that this item be tabled. Grotkin informed Lovelace that the owner, J.L. Owens Properties, LLC, might be reducing the size of the building. Chair Edgeton reminded the petitioner that they need to stay within the plans that were originally approved. Edgeton also strongly urges the petitioner to have a representative present during their next appearance before the Commission. 7. OTHER BUSINESS A. Central Village Small Area Plan Regulations Community Development Director Rick Kelly, presented background information on the Central Village Small Area Plan that was adopted as part of the City's Comprehensive Plan. This Plan provides conceptual guidance for a true mixed-use village in the southeast corner of the City's central commercial area at the intersection of Galaxie Avenue and 153rd Street West. Kelly stated that while the first phase of development in the Central Village planning area was regulated under a planned unit development zoning district that was tailored to and driven by the design of "The Legacy" project, subsequent phases need to be closely coordinated and guided by more specialized development regulations in order to best http://www.ci.apple-valley.mn.us/Minutes/planning_commission/2002/9-18-02.htm 9/14/2009 Planning Commission Minutes 9-18-2002 implement the vision of the Plan. Page 4 of 4 Kelly introduced Aaron Parker and Steve Quam of Megtropeligo. Parker and Quam are the design and market analysis consultants for this project and are presenting the presented the development standards they created for the Central Village Small Area Plan. An outline of Mr. Parker's presentation is listed below: • Introduction -Including goals and objectives, property description, vision, and history and future of the area. • Principles • Plan Concept • Area-Specific Standards, Guidelines and Prototypes -including standards and guidelines for private property and its interface with the public realm. Also includes 10 sub-areas or blocks that have been identified based upon location, orientation and potential uses. • Implementation Administration Members of the Commission expressed concerns as to why Rosemount and Cobblestone Lake were not included in the site-specific retail developments that may indirectly compete for retail dollars. Chair Edgeton also mentioned that we need to be careful and make sure a Plan is in place so that the Commission is not approving projects without guidelines. Rick Kelly stated that Planning staff expect to have Plan guidelines in place by the end of the year. Chair Edgeton would like to have Metropeligo also involved in developing the commercial plans for the first phase of the Legacy if possible. ADJOURNMENT MOTION: Commissioner Churchill moved, seconded by Hadley, to adjourn the meeting at 9:10 p.m. http://www.ci.apple-valley.mn.us/Minutes/planning_commission/2002/9-18-02.htm 9/14/2009