HomeMy WebLinkAbout11/02/1994CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
November 2, 1994
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order at 7:04
p.m. by Chairman Alan Felkner.
Members Present: Alan Felkner, James Cady, Frank Blundetto, Marcia Gowling,
Karen Edgeton and Len Miller.
Members Absent: None.
Staff Present: Rick Kelley, Kathy Bodmer, Tom Lovelace, Mike Dougherty,
Keith Gordon, John Kragness and Planning Consultant Julie Farnham.
2. APPROVAL. OF AGENDA
Chair Felkner asked Staff and the Commissioners if they had any changes to the
proposed agenda. There being none,. he called for its approval.
MOTION: Member Gowling moved, seconded by Member Blundetto, to approve
the agenda as submitted. The motion carried 6 - 0.
3. MINUTES OF OCTOBER 19, 1994
Chair Felkner asked Staff and Commission members if they had any proposed
changes to the draft minutes which were submitted. There being none, he called for their
approval.
MOTION: Member Gowling moved, seconded by Member Blundetto, to approve
the minutes of October 19, 1994 as submitted. The motion carried 5 - 0, with one
abstention (Miller).
4. CONSENT ITEMS
- None -
Planning Commission Minutes
November 2, 1994
Page 2
5. PUBLIC HEARINGS
A. Rezoning and Preliminary Plat for Williamsburg Townhomes
Chair Felkner reopened the public hearing and noted that this item had been tabled
at the last several Planning Commission meetings in order for the petitioner to prepare
revised plans in accordance with some of the comments received at the original hearing.
Planning Consultant Julie Farnham presented the item and stated that it had been
continued from the previous meetings because there was missing information and that there
had been direction from the City to revise the plans. This development is located on both
the northwest and southwest corners of the intersection of County Road #38 and Galaxie
Avenue. All of this property is designated on the comprehensive plan as LD for Low
Density Multifamily at a density range of 3 to 6 units per acre. However, the property is
currently zoned R-1 for Iarge lot Single Family, and part of the development request is to
rezone this property to M3-C to conform to the comprehensive plan designation. Other
permissible zoning categories that would conform to the comprehensive plan LD category
are: R-4, R-S, M-1 and M-2.
Ms. Farnham then displayed an overhead transparency which illustrated the criteria
by which the City evaluates a rezoning request for a particular piece of property based on
topographic features, existing vegetation, proximity to collector and arterial roadways and
other factors.
Ms. Farnham stated that the traffic analysis shows that development of Williamsburg
Townhomes as proposed, would contribute only 2% of the total traffic at the intersection
of County Road #38 and Galaxie Avenue, resulting in a "C" level of service. It is projected
that at the. a.m. peak hour traffic period, stacking at the intersection would extend south
down Galaxie Avenue approximately 420 feet; the proposed street access to the
Williamsburg III project is at 430 feet south of the intersection. The traffic analysis
concluded that other development on the southwest corner of Galaxie and County Road
#38 should be provided with alternate street access points onto 132nd Street, rather than
connecting solely to the proposed 131st Street connection.
Ms. Farnham then displayed a series of alternate street alignments; submitted by the
developer, which illustrated how the other vacant property could be serviced with a variety
of street layouts. Since one of the issues raised at the initial public hearings concerned the
relative density of this part of the City compared to other portions of the community, Ms.
Farnham displayed a density grid which illustrated the mix of Single Family, Low Density,
Medium Density, and High Density residential uses throughout the community.
Planning Commission Minutes
November 2, 1994
Page 3
Ms. Farnham also displayed school children generation figures based on Independent
School District #196 data. If this property were to be used for single family homes rather
than townhomes, there would actually be more new school children introduced into the
school system.
Ms. Farnham also displayed information concerning the number of police calls per
household for the two sections (square miles) affected by this development, and the number
of police calls per household for two other representative sections elsewhere in the
community.
Ms. Farnham then displayed the Williamsburg II Townhome revised plan, which
shows a total of 36 dwelling units. For comparison purposes, if the property were zoned as
an M-1 district; there would be a maximum of 24 units. If it were zoned. as an M-2 category,
there would be a maximum of 30 units. The plan as proposed now shows 60.2% green
space, meeting the City's informal criteria of a 60% green space. She also noted that the
pazking standards have been met, as well as an increase in the level and size of the
landscape materials from the former plan. There also is additional bernung being shown
along County Road #38 and Galaxie Avenue to screen the future residents from these
higher volume roadways..
Ms. Farnham then displayed a series of transparencies that illustrated the revised
Williamsburg III Townhome azea. There are now only 19 units being. shown on a private
cul-de-sac that would access Galaxie Avenue at the 131st Street alignment. There would
also be dedication of one-half of the street right-of-way for 131st Street, but this would be
constructed only at the time that the adjacent property would be proposed for development.
She said that the density calculations for Williamsburg III, specifically excludes the area
attributable to Outlot A and the one-half right-of--way of 131st Street. For comparison
purposes, if the property were zoned M-1 there would be a maximum of 13 units, and if it
were zoned M-2 there would be a maximum of 16 units. Again, all the pazking
requirements have been met, and they have in a similar fashion beefed up the landscape
and berming plan along County Road #38 and Galaxie Avenue. The Williamsburg III
project has all single loaded townhouse units.
Member Blundetto stated that he is still. concerned with the level of traffic on
Galaxie Avenue, especially the truck traffic. City Engineer Keith Gordon stated that
currently there is an extraordinazily high number of trucks using Galaxie Avenue related to
hauling in fill for the gravel pit redevelopment, located south of 140th Street along Galaxie
Avenue. This will continue for about another month.
Chair Felkner asked if the traffic study relates to only the current number of trips,
or whether future growth has been factored in. Ms. Farnham stated that the traffic study
Planning Commission Minutes
November 2, 1994
Page 4
presumed a 7% annual increase in the level of traffic, and that the numbers presented in
the report actually represent what will occur during 1995.
Member Miller stated that he thinks that trucks will continue to try to avoid using
Cedar Avenue because of the number of traffic semaphores, and that Galaxie will continue
to be considered a shortcut for them.
Member Cowling had a question on the former orientation of the buildings and the
lot lines for this development. Ms. Farnham stated that the lot lines are now angled to
reflect the shifted orientation of the buildings rather than being laid out in a straight linear
pattern.
Member Blundetto stated that in the Williamsburg ffi area he is still concerned that
there will be an incomplete internal street network. The lack of these internal connections
limit the ability of the Williamsburg III residents to access another road if stacking from the
County Road #38/Galaxie Avenue intersection does increase. Julie Farnham explained that
City Staff had requested the developer to illustrate a system of alternate street layouts to
show how a number of different development scenarios could continue to provide alternate
street access at ultimate development.
Theresa Hegland of Pioneer Engineering. stated that she was representing the
developer in the prepazation of the proposed plans. She reviewed the orientation of the
townhomes in the Williamburg II project and noted that all of the internal private roads
now line up with existing intersections on the north side of 130th Street, rather than having
short offsets. In the Williamsburg III area, there have been some major changes from the
initial proposal. All of the townhome units aze now single loaded and much more in
character with the existing Salem Woods single family neighborhood. There will also be
grading to create a berm, and landscaping to screen the units from the west.
Gene Shellerud of GM Homes then approached the Commission with the proposed
building elevations. He stated that the buildings would consist of brick and aluminum
siding, with asphalt shingles. He displayed a series of samples, showing these building
materials in earth tone colors. He stated that on the Williamsburg III azea, all of the units
will have full basements with lookout windows. At the purchaser's opfion, some of these
could be converted to full walk-out basements. Only the building top of the westernmost
building would be visible from the Salem Woods area. He reiterated that they would
dedicate their half of the right-of-way for 131st Street now to give the City and the adjacent
property owners the greatest flexibility in developing that property. At the time that 131st
Street would actually be constructed, the private driveway has been laid out so it would
create a 90 degree T-intersection with that public street. He said that each of the
townhome projects would have a separate townhome association for maintenance purposes.
Planning Commission Minutes
November 2, 1994
Page 5
On the Williamsburg II project, similaz building materials would be used. However,
in this case, most of the dwelling units are double loaded. All of the Williamsburg II units
have a master bedroom on the main floor in order to appeal to the empty nester market.
Also the garages and driveways are configured such that there are no common or shared
driveway areas. Each driveway is distinct. While all of the units in the Williamburg II azea
would have full basements, only those units on the western side would be able to have
lookout windows, due to the grades. The units having lookout windows would have decks
on the ends, while those not having lookout windows on the basement would have patio
areas. The patios would be equipped with masonry privacy walls.
Mr. Shellerud stated that they have engaged in preliminary talks with Dakota County,
concerning the grading in County Road #38 right=of--way to raise the berm height. The
sales prices for the Williamburg II area are expected to range from $110,000 to $130,000 per
unit, while in the Williamsburg III azea the price would range from $90,000 to $110,000 per
unit.
Chair Felkner then opened the public heazing for comment from the audience.
Brett: Gustafson, 7033 130th Street, feels that referring to an a.m. traffic peak from
7:00 to 8:00 a.m. is too late, and that most of the traffic occurs before 7:00. a.m. He also
questioned the mix of single family townhomes and apartments, as displayed on the density
grid. He said that based on the 1990 census and information concerning last year's building
permit activity in Apple Valley, there haue been more townhomes and apartments built than
single family. He said that he does not like this trend, and thinks that it is resulting in too
much multiple residential housing.
Commissioners Felkner, Gowling and Edgeton made a point of noting that the
density grid is based on the total expected number of units in the City based on the City's
comprehensive plan. In the past, the predominant construction activity had been for
detached single family homes, and most of this single family designated property has been
built upon. For this reason, it is not surprising that the current construction activity favors
townhome and apartment units.
Francis Griep, 12962 Garrett Avenue, said that she had driven by the homes of the
Commissioners, and thinks that they live in very nice neighborhoods. She asked that they
drive by her house and make a commitment to keep her neighborhood as nice as theirs.
She said that if the project is approved, the developer should. be required to abide by all the
development rules and requirements in order to keep her neighborhood a desirable place
to live.
Steve Mueller, 12975 Garner Lane, said that he wants the property to remain zoned
for single family use. He asked if townhomes are being considered because they would
Planning Commission Minutes
November 2, 1994
Page 6
provide a greater property tax return. Chair Felkner said that issue of property tax
generation is not something that the Planning Commission considers in its deliberation,
Marv Drake, 12913 Garrett Avenue, said that there is a difference in elevations
between their neighborhood and the Williamsburg II area. He said that with development
there would be an increase in storm water, and asked what would be done to accommodate
that, and whether or not the existing residents would be required to pay for pazt of it. Keith
Gordon stated that there is an existing storm sewer line in the center of the properly and
that additional storm sewer lines and catch basins would be installed at the developer's cost,
not the neighborhood. The current amount of runoff going into the street would then be
diverted into new catch basins so the level of street flooding that currently exists would be
diminished.
Hunt Gildner, 13186 Gaznett Avenue, approached the Commission. He said that the
plans being presented this evening aze essentially a new proposal and that he could not react
to them on such short notice. He did say that some portions of the plan did appear to be
better than before. He said that the density issue is still not resolved in his mind, and does
not believe that the community supports this level of multifamily housing. He said. that the
density grid, illustrating differing residential dwelling unit by type and by section, was not
relevant.. He said he is concerned about the traffic in the year 2015, not now or a year from
now. He said that some type of traffic control. needs. to be installed at 132nd Street and
Galaxie Avenue. He said that if the City does approve this project, there should be some
type of guazantee to the residents that no other zoning within so many feet of the area will
ever be changed. In general, he is still opposed to the use, although the developer has
presented an improved plan.
Jill Gibson, 12898 Garrett Avenue, said that the census tract that they are currently
residing in has greater than 85%o of its housing units of something other than detached
single family homes. She said that she is also concerned about traffic speeding along 130th
Street, especially at the point where Germaine comes around the corner and turns into
130th Street.
Brett Gustafson, 7033 130th Street, reiterated that traffic is an issue, and with the
additional housing being built in the old gravel pits, traffic on Galaxie will only increase.
Lisa Sindt, 12995 Garner Lane, said that she has a large garden from which the area
of Williamsburg II is visible. She said that the level of landscaping is inadequate, and that
she would still be able to see the housing units. She said that speeding traffic on 130th
Street concerns her as well. She thinks that with the level of traffic speeding on 130th
Street, the additional driveway accesses proposed to 130th Street from this development is
much too dangerous.
Planning Commission Minutes
November 2, 1994
Page 7
-Chair Felkner asked if there were any other comments from the audience. There
being none, he closed the heazing with the standazd remarks. He said that especially since
there had been substantial changes to the development plans from the previous meetings,
he would not be willing to entertain a motion on the proposed project this evening. It
would appeaz on the Planning Commission agenda in two weeks.
Chair Felkner then recessed the meeting at 8:20 p.m. The meeting reconvened at
8:33 p.m.
SB. Evergreens of Apple Valley Senior Care Facility
Chair Felkner opened the public hearing with the standard remarks. Assistant
Planner Tom Lovelace presented the development proposal, which is located on the west
side of Pennock Avenue, north of 147th Street.
The property is currently designated for either limited or retail business on the
comprehensive plan, and is currently zoned under Planned Unit Development #341, Zones
5 and. 4B. A proposal consists of a realignment of the zoning boundary between districts
5 and 4B, a preliminary plat to subdivide the property, and a conditional use permit for a
senior care facility.
The initial construction would consist of two 30-unit buildings with space for an
additional 30-unit building sometime in the future. The access to the site would be via a
private drive connecting to Pennock Avenue, and the intersection would line up with 146th
Street on the other side of Pennock. The proposed buildings would be constructed of a
combination of steel lapped siding with vinyl trim, and have a lot occupancy or coverage of
approximately 20%. To accommodate the future third building, which would increase site
coverage to 27%, the planned development performance standards in Zone 5 would have
to be increased from its current maximum of 20% to 30%.
All of the required setback requirements are met. An additional 20 feet of future
right-of--way dedication for Pennock Avenue is illustrated on the plan. The parking
requirements for this institutional use are also met or exceeded, although the berm along
the west boundary needs to be increased somewhat to meet the minimum 4 foot high
standard. The landscape plan is somewhat preliminary at this time, and additional detail
would be required prior to actual construction of the project.
Chair Felkner asked if there was any brick or stone on the building, which is required
for commercial buildings in the downtown azea. Mr. Lovelace stated that while there was
none, the materials presented did appeaz to be compatible with the adjacent single family
home materials. There was a general discussion of the requirement for exterior masonry
Planning Commission Minutes
November 2, 1994
Page 8
construction materials for commercial buildings, as opposed to a combination of masonry
and natural or aztificial siding. materials for multiple residential.
Commissioner Edgeton asked about the depth of the remainder piece along 147th
Street which would remain zoned for Retail Business uses. This depth appeazs to be about
230 feet. Commissioner Edgeton expressed concern over whether or not this would be deep
enough to allow the site to be appropriately used for retail uses in the future.
Commissioner Cowling asked if the 20% to 30% coverage for the proposed project
was for the building only, or if it included the parking area. Tom Lovelace stated that this
was for the building only, that the pazking would increase this percentage. He also stated
that the developer had taken into account the need. to retain a certain minimum depth of
the remaining pazcel to allow it to be used for commercial purposes.
Commissioner Cady had a question concerning the proposed expansion. He asked
if the southern boundary of the property to be acquired could be increased in order to avoid
having to change the 20% maximum building coverage. Tom Lovelace stated that this
would be possible, but that. unfortunately this would shrink the remainder pazcel, limiting
its. ability to be used for commercial purposes.
Commissioner Miller stated that he had a concern over deviation from the
commercial building design standazds requiring masonry exteriors because this would set a
poor precedent.
Bob Hopman, representing Evergreen Development Group, approached the
Commission to make a brief presentation. He stated that he had worked with Staff and the
developer to ensure that the remainder parcel would be of sufficient size to accommodate
a variety of retail uses, and that the land owner had consulted with a variety of professionals
to assure that the depth being illustrated was sufficient. He stated that their proposed
development provides for 24 hour care for senior citizens who can no longer live alone. He
said that the typical resident is between 87 and 89 years of age, is a single female who does
not drive, who has some mobility problems, and who needs some help in keeping track of
multiple medications. This is not, however, a nursing home; residents are expected to dress
themselves. They are provided with all meals.
Mr. Hopman said that this type of use in communities where they have located in the
past has typically been considered an appropriate buffer between commercial and residential
land uses. Consequently, they designed the building to reflect aone-story residential
character, rather than a commercial or institutional look. He said that during the day shift
there would be approximately 10 cars for employees, plus any cars related to visitors. For
day trips they take the residents out in a group in a small van.
Planning Commission Minutes
November 2, 1994
Page 9
Mr. Hopman then distributed photographs of their existing facility located in
Brooklyn Park. Their architect has chosen the look of a Minnesota farm house. The red
color in the photos was chosen to reflect the adjacent Eazl Brown Farm. In Apple Valley
they will probably choose some type of light to medium gray siding. He said that he doesn't
think that brick works very well with this type of architectural design, but they have used
brick on other projects. He said that they would change the material to brick if required,
but reiterated that he doesn't think it will improve the appearance of the project.
Mr. Hopman noted that there would also be a gazebo constructed between the
buildings to overlook the pond. This gazebo would be connected to the buildings with a
covered walkway.
Marcia Cowling and Kazen Edgeton left the meeting at 9:03 p.m.
Commissioner Cady asked why there were no walking pathways in the complex. Mr.
Hopman stated that the majority of the residents are mobility limited. While there are no
steps or curbs in the buildings or the complex, the residents typically do not leave the
building.. There is a front porch on the front of each building, which does tend to be heavily
used by the residents.
Mr. Hopman stated that he will be asking the City to landscape the south side of the
adjacent pond at his expense to improve the aesthetics.
Chain Felkner asked if the proposed expansion would occur within the blank spot on
the site plan. Mr. Hopman stated that it would.
Commissioner Blundetto asked about connections to the ring route via sidewalks.
Community Development Director Rick Kelley said that there would be a connection made
ultimately on the west side of Pennock Avenue. Commissioner Blundetto said that this
would enable family members to walk to the complex to visit any residents there, and
possibly to take them out in wheelchairs along the sidewalk system.
Kazen Soarela, 14700 Guthrie Avenue, asked what will go into the green azea
illustrated on the plan. She also asked what the back side of the building would look like.
She asked the Commission not to make a decision this evening. She also questioned the
criteria by which the requirement for brick would be waved. She said that she was
concerned over the future use of Parcel B, and that whatever is built there should be
compatible with the neighborhood.
Ron Shegal, 14610 Hallmark Drive, said that he was concerned over the aesthetic
appearance of the proposal, and particularly whatever might occur on construction of Parcel
B. He also asked the Commission not to act on the proposal this evening.
Planning Commission Minutes
November 2, 1994
Page 10
Mel Lovejoy, 14718 Guthrie Avenue, stated that he too was concerned over the
future use of Parcel B.
There being no further public comment, Chair Felkner closed the public hearing.
Chair Felkner noted that the developer seems to want to have it both ways concerning the
use of the property. He would like to have the ability to increase the coverage on the lot,
consistent with a commercial use; not having the 60% green space required of multifamily;
but wants the building to be considered a residential style to avoid the brick requirement.
In his opinion, there needs to be a little bit more thought on this.
6. LAND USE/ACTION ITEMS
A. Variance to allow a second freestanding sign.
Assistant Planner Kathy Bodmer presented a series of overheads, illustrating the site
upon which a second freestanding sign has been requested. The property is located at 14750
Cedar Avenue on the southeast corner of Cedar Avenue and 147th Street. She noted that
variances must meet one of either two sets of conditions (1) an entire set of hardship
criteria, or (2) the primary function of the signage is to provide a public service. In this case
a second freestanding brown sign is being. requested along 147th Street. There is an existing
pylon sign located along Cedar Avenue which has an electronic message sign, formerly used.
and approved for public service purposes. She also noted that a second ground sign would
be permitted in limited business districts if the property was a through lot, as opposed to a
corner lot which is the case here, and that all building signs be removed.
Richard Hocken stated that he was the legal counsel representing: the petitioners Bill
and Carol Ryan. He said that the existing pylon is apre-existing, nonconforming sign, and
referenced discussions with previous staff member Scott Hickok concerning the type of
signage that would be permitted on the property. He believes that their request meets both
conditions (1) and (2) and that his client would agree to forego any secondary building
signage in exchange for receiving approval of a second ground sign. Carol Ryan said that
she believes a second sign is necessary for the tenants in the building.
Kelly Argus, representing University Title, a client in the building, stated that they
had leased the space with the assumption that they could place signage on a less expensive
ground sign, rather than more expensive building signage.
Chuck Flolo, 7289 142nd Street, stated that he had leased space within this building
based upon the presumption that there would be ground signage available. He said that he
could not afford to pay for a more costly building sign.
Planning Commission Minutes
November 2, 1994
Page 11
Bruce Hoffman stated that they had placed the Chiropractic Use building sign on the
structure, but still needed to have a smaller ground sign that could illustrate the full clinic
name.
Bill Ryan stated that he believed that the continued use of the grandfather pylon sign
would not limit their ability to put up a ground sign.
Chair Felkner stated that the City typically sticks very closely to the ordinance
requirements for its sign regulations and rarely approves variances.
Carol Ryan stated that this is a corner lot with 3 street frontages, and that in her
opinion, this makes this a unique situation.
Commissioner Blundetto stated that while he understands the owners desire to
provide signage for its tenants, he was uncomfortable with the extent of the variance being
requested. He said that he felt some kind of compromise might be possible if the petitioner
meets with Staff.
By consensus it was determined that this item should be tabled for two weeks to
appeaz on the next agenda.
8. OTHER BUSINESS
Chair Felkner stated that he did not believe the Commission had thanked former
Commissioner Jeannine Churchill for her efforts on the Commission.
MOTION: Member Blundetto moved, seconded by Member Miller, to direct Staff
to prepare a resolution of appreciation for former Planning Commissioner Jeannine
Churchill. The motion carried 4 - 0.
9. ADJOURNMENT
MOTION: Member Blundetto moved, seconded by Member Miller to adjourn the
meeting. The motion carried 4 - 0. The meeting adjourned at 10:00 p.m.