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HomeMy WebLinkAbout06/02/1993PLANNING COMMISSION MINUTES City of Apple Valley June 2, 1993 1. CALL TO ORDER The Planning Commission meeting of June 2, 1993 was called to order at 7:35 p.m. in the City Council Chambers. Members Present: Chairman Alan Felkner, Karen Edgeton, Marcia Gowling, Len Miller, Frank Blundetto, and Jim Norris. Members Absent: Je annin e Churchill Staff Present: Dennis Miranowski, Meg McMonigal, and Scott Hickok. Others Present: See the sign -in sheet. 2. APPROVAL OF THE AGENDA The Staff recommended that Item 6B be moved to Consent Agenda, and that Item 6A be considered before the public hearings. MOTION: Marcia Gowling moved, seconded by Karen Edgeton to approve the agenda as modified. 3. APPROVAL OF THE MAY 19, 1993 MINUTES MOTION: Marcia Gowling moved, seconded by Karen Edgeton to approve the minutes of May 19, 1993 as submitted. The motion passed 3 - 0, with 3 abstentions. 4. CONSENT AGENDA MOTION: Marcia Gowling moved, seconded by Frank Blundetto to approve the consent agenda. The motion passed 6 - 0. 1 6. LAND/USE ITEMS A. Schwan Property - Comprehensive Plan Amendment, Rezoning from "A" to "RCL", and Preliminary Plat for 128 Single Family Lots LOCATION: Northeast Corner of Pilot Knob Road & 140th Street PETITIONER: Lundgren Bros. Construction, Inc., and Marvin & Janice Schwan (PC93- 025 -PZS) Associate Planner McMonigal presented the request for development of the Schwan property into 128 single family homes. She briefly summarized the project which was the subject of the public hearing before the Planning Commission on May 19, 1993. Commissioner Edgeton asked whether the two signs as proposed fit into the City's code. McMonigal responded that they did. Commissioner Edgeton also asked about who would be responsible for the outlots. McMonigal responded that the homeowners association will be responsible for all of the outlots. The bylaws for the association will be recorded. The petitioner, Brian Olson of Lundgren Bros. Homes, spoke to the Commission briefly, indicating that maintaining outlots has been successful in other developments by Lundgren Bros. He also indicated that he still is interested in the islands and the cul -de- sacs, but that the development can proceed without them. Commissioner Blundetto asked if the Staff had checked with the Parks Department on the private park. McMonigal responded that there was a memo in the packet indicating that a private park is not a problem as long as the developer and the association understand that the City will not take it over in the future. MOTION: Karen Edgeton moved, seconded by Marcia Gowling, that the Comprehensive Plan be changed from "MD" and "LD" to "SF ". The motion carried unanimously. MOTION: Len Miller moved, seconded by Karen Edgeton to rezone the property from "A" Agriculture to "R -CL" Residential Cluster Single Family. The motion carried unanimously. MOTION: Jim Norris moved, seconded by Marcia Gowling to approve the preliminary plat without the center islands and the cul -de -sacs. The motion carried unanimously. 2 5. PUBLIC HEARINGS A. Conoco Car Wash Conditional Use Permit LOCATION: 7575 - 145th Street West PETITIONER: Conoco, Inc. (PC93- 029 -C) Scott Hickok presented a report of the request on the west side of the existing Conoco building on 145th Street between Cedar and Pennock Avenue. A car wash is a permitted use under a conditional use permit. Hickok noted that the Staff recommends approval with the following conditions. 1) Building materials match parapet and existing building materials. 2) Landscape the northwest area of the lot. 3) Screen dumpsters. 4) Screen mechanicals and meters on the entire building. 5) Meters should be protected with bollards. 6) A third dumpster enclosure be added. 7) Curb and surfacing should be installed behind the building. Hickok noted that this is a public hearing and that the petitioner was not asking for action this evening. Commissioner Edgeton asked if the location eliminates some parking spaces. Hickok responded that five stalls will be eliminated. He said there are 45 spaces plus spaces along the pumps. The building has more than the required amount of parking spaces. Commissioner Edgeton asked if there are delivery doors on the north side of the building and will they cause problems. Hickok noted that as a part of the resurfacing of the pavement behind the building, Conoco should define where there would be deliveries and where there should be through traffic by striping and directional signs. Commissioner Edgeton asked about the dumpsters. Hickok noted that there should be new gates and a third enclosure to help clean up the problem. Commissioner Edgeton asked if truck drivers follow stripes. Hickok said that as Conoco owns the entire building, they will have to be responsible for self - policing the circulation. He noted that the success of the car wash depends on adequate circulation. Commissioner Miller asked how a truck gets around the car wash. Hickok noted that on the west end there is enough room for circulation. Circulation was discussed and it was noted that there is enough room for two drive isles and with proper signage, circulation should be able to work adequately on this site. Commissioner Miller asked if the tenants have been contacted. Hickok indicated that he believes they have been. Commissioner Gowling asked how often deliveries are made. The petitioner Michael Defranes spoke, indicating that five spaces fit behind the Conoco store and that seven more 3 cars can stack before coming to a doorway in the back of the building. He noted that the deliveries are usually early morning traffic when there is not a high demand for the car wash. Commissioner Gowling asked if there will be circulation problems as this is a multi - tenant building similar to Wendy's. Commissioner Edgeton asked if there is a full car length at the exit. Hickok responded that there is about a two- thirds car length and with no plantings, one would be able to see both directions. Commissioner Edgeton indicated she would like to see a plan for directional signs. Commissioner Miller asked if the east tenant has a loading door in the back of the building. Hickok responded he believes they take their loading through the south and east entrances. Dennis Miranowski, Assistant Public Works Director, explained the problems with drainage on the lot. He noted that there are no catch basins in the lot; it sheet drains. In the rear, there is a crown that sends the water east and west. To the west it drains to the northwest of Glenda Drive. The grades are minimal, approximately 1/2 %. The City would like the grade to be 1 %. Two percent is optimal. The City is requesting that Conoco resurface the back area with the curb to bring the water west and install a catch basin on the northwest corner. The catch basin can tap into the storm system. The petitioner Michael Defranes from Conoco indicated that Conoco needs a car wash for competitive reasons; they are losing some business. He said that Conoco can meet the requirements specified by the City Staff. He would like further information on the costs and sizing of the catch basin and pipes into the storm water sewer system. He indicated he has no problems with the other stipulations recommended to be required by the Staff. Commissioner Miller asked if there was a vacuum area. It was noted that it was on the southeast edge of the lot. Chair Felkner opened the public hearing. Margaret Sahalin of 14407 Glenda Drive in the Pennock Shores Development indicated she is concerned about drainage. She said the pond has come high several times and she is worried about backups. She asked who is responsible if it backs up. Sahalin also indicated that garbage cans are emptied at 4:00 to 4:30 in the morning. This process usually takes 1/2 hour. She said she would like to see a fence and landscaping. She noted there is now a tree near Glenda that blocks the view for drivers. She is worried about Burnet's parking lot draining to the pond behind Pennock Shores. Dennis Miranowski noticed that there were some problems with the pond near Pennock Shores. The lift station has now been redone and there is capacity for the surrounding land to drain into that pond. 0 Chair Felkner asked what level the pond will rise to. Commissioner Blundetto asked about the design criteria for the pond. Miranowski answered that all ponds are designed for a 100 year storm event. Lloyd Wallin, 8492 133rd Street, spoke indicating that he thinks Burnet should assume responsibility. No one else from the public was present to speak. Chair Felkner closed the public hearing. 5B. Utility Corridor and Substation LOCATION: County Road 38 and 130th Street at Germane Avenue PETITIONER: City of Apple Valley (PC93- 021 -P) Associate Planner McMonigal reviewed the request and the steps of the proposal. She indicated that no action is required tonight and that Dakota Electric and Cooperative Power had a presentation for the Planning Commission and the public. Someone from the audience asked how the process works. Chair Felkner explained the public hearing procedure. Randy Poulson of Dakota Electric presented a history of the planning on this project. He noted that they approached the City two and one -half years ago about a substation and have since done a lot of work in the process to get back to the Planning Commission with this public hearing. He overviewed the project, indicating the purpose and the benefits of a substation and a transmission line. He discussed the network of electricity in the region and what led them to propose this site. He indicated what the poles would look like and said that they are designed to minimize visual impact to properties. He noted that if a line is located on County Road 38, it will be located within County Road right -of -way. Locating lines on private property is much more difficult because easements must be negotiated. Poulson indicated that research has shown there has been no diminution of property value based on experience. He indicated that it may reduce the amount of traffic viewing a home when it is for sale. Poulson indicated that reliability is the most important issue for Dakota Electric. He noted that currently 17mg watts are borrowed from other substations to service the northern Apple Valley area. He noted that this substation will be at 83 to 85% of its load immediately when opened. He noted that their long range plan is a detailed analysis, with three alternates. Alternate A is what is being proposed. Alternate B is a line to substation in Apple Valley and a line from that substation back towards Burnsville. Alternate C is no substation or line in Apple Valley as shown on the maps in the 'Power to Grow" report. Poulson noted that 5 if the system is overloaded, it is designed to shut down rather than burning out the equipment. Don Sodersten of Dames & Moore reviewed the report that he prepared for the utility companies. He noted that they looked at five alternate routes that are all technically possible to build. He explained the criteria that they looked at, including residence counts, natural resource areas, areas of human activity, etc. He also explained some information that they collected on EMF and noise. Sodersten noted that if this line were built underground it would cost approximately $5 million dollars more than the overground cost of approximately $675,000. He went through some of the weighting factors that were applied in the study and said the County Road 38 route showed the least impacts. Dr. Gary Kreiger, of the Denver, Colorado office of Dames & Moore and the University of Colorado, spoke next on the electromagnetic field issue. He noted that the first set of studies on EMF was done in the USSR in the 1960's. In the 1970's hundreds of papers were published on the subject. In Denver in 1979 the first residential study linking childhood leukemia and power lines was published. In the 1980's there have been thousands of studies in test tubes and on animals, as well as 40 studies on humans. The United States, Australia, United Kingdom, France and Sweden have all formed commissions, but none have proposed health related standards at this time. He noted that burying doesn't change the magnetic field strength, but the distance does. Regarding the Swedish studies, he noted that the evidence is weak and not compelling enough at this time to set standards. Sweden may look at a 10 milliGauss for a substation. He said that what impact the field will have on you is related to where you are in relation to the field. He noted that after 50 feet the level of mG falls off to what is typical in a home. He also noted that in ten years he suspects the question will be answered, or standards will be set. He noted that the most conservative government is Sweden, and they may set a standard of 10 milliGauss for new lines. He said that this line in 10 years would meet that standard. Randy Poulson noted that the proposed line is designed and configured to minimize the EMF packet. In summarizing, Poulson stated that the line proposed is a 115,000 kv line. It has very low noise, no pops or crackles. He said there will be no clear cutting of trees, but rather selective removal of trees. He also noted that they do not propose to disturb any landscaping along County Road 38. Chair Felkner indicated that the public hearing would be held open until July 7th because of the late hour. C Commissioner Edgeton asked when the decision was made that a new substation was needed. Poulson responded that in late 1990 Dakota Electric Association contacted the City. He said the short range study showed they could delay until 1993. Commissioner Gowling asked why dump sites are important to note. Poulson indicated it is because of the liability for cleanup. Commissioner Miller asked about the Zoo feedback on hazards. Poulson indicated the Federal Open Space Standards say they are not allowed to give up land given to them. Miller asked if terrain features affect the magnetic fields. Dr. Kreiger told him typically not, that it is more a function of distance. Commissioner Blundetto asked the difference between burying and encasing. Ron Predovich, the design engineer, indicated that a buried line would typically be encased. This line would be specially encased. Chairman Felkner asked the petitioners to please describe the buried line. Poulson explained that because of the voltage level, a buried line must be encased in steel and cooled. To cool, oil is pumped through the pipe and a retrieval and purifying process is needed. Commissioner Blundetto asked if DEA or CP have any lines buried like this now. He was told they do not. Blundetto asked if buried lines are more protected. He was told that overhead lines are very safe. Commissioner Norris asked if new rates have been calculated with a buried line. Poulson indicated that it would be an additional $5 million on this line and that other alternatives are less expensive. Poulson also indicated there was a question of who would pay the extra costs of burying a line -- would it be City of Apple Valley residents only? He noted that when overhead lines are buried, the City does pay. Chair Felkner asked about the options A, B & C. He noted that Dames & Moore only looked at option A. Poulson indicated that they focused on option A because of the substantial cost savings. Felkner asked if the utilities would figure how costs of burying would impact consumers by the next meeting. Felkner also asked if there could be information on vacant land put together for the next meeting. The hearing was opened for public comments. John Westrum of 8010 132nd Street indicated his comments pertained to the line. He noted that he did not move to Burnsville, purposely because of another line. He built his home knowing about County Road 38, but not this line. He said he believes routing would be dangerous to his home. He is concerned about the long terms effects on health and property values. He said it is equivalent to changing the zoning on a property adjacent 7 to him. He noted there is a line existing on Palomino Drive and that house counts should take into consideration that some are already affected by this line. Thomas Harris of 8500 133rd Street stated he realizes there is a need for power. He believes the time to address burying the line was when County Road 38 was built. It would have been less costly at that time. He noted that he endorses Alternate C. He noted that the extra millions of dollars spread among the 67,000 users would have minimal impact. Regarding EMF he indicated that because we don't know what the effects are and the subject needs more research, he has significant concerns about it. He recommends if this proposal is chosen, it be determined that there are no ill health effects. Regarding public safety, he is worried about the design. If a truck hits a line, he is concerned it may fall on a bike path or on a house. He said he believes it doesn't make sense to install over biking and hiking paths. He noted that although studies have indicated there is no effect on property values, he believes there is a partial inverse condemnation caused by the zoning change. He wanted to know who is responsible -- the City or power companies? He commented that although Poulson said there is an environmental impact to burning coal, it is not very substantial. Regarding noise levels, he indicated he would like the noise levels with the cars and the lines to be determined. He said he believes if Alternate B or C is passed, his ability to choose to be around EMF has been abdicated. Christine Barry of 13375 Havelock Trail noted she is concerned about the social impacts. She has lived in her home for 8 -1/2 years. When the road went through, she felt like she lost her back fence discussions with her neighbors. She noted the three groups formed over the County Road 38 issues and she feels it may happen all over again. She noted that the siting study does not understand social impacts and that this decision could pit neighborhood against neighborhood. She also noted that the study was done in the winter when there is no use of the trail. She indicated there are some invalid assumptions in the routing study. She is concerned about the difference in weighting daycare versus home. She also said there are incorrect statistics -- the New Horizon Daycare is located closer to CR #38 but is noted as being closer to Palomino. She felt the study omitted the upheaval that was caused during the construction of CR #38. She said she recommends that the line be constructed on Palomino Road. She said that it could clean up the pole situation at the same time. She also noted that Palomino Alternate is the shortest route and there are more front yards than back or side yards where people live outdoors. She indicated she is concerned about general fairness and social conscience. She noted that the road was constructed in the name of progress and the neighborhood fabric has been changed forever. She asked if other sacrifices should be expected from this neighborhood. Darlene Wallin of 8492 133rd Street indicated she backs up to it and believes she is within 50 feet of the power line. She said she has the distinction of already having a non- malignant tumor and is very concerned about the health aspects. She noted that if there is no health risk involved, then it doesn't matter how many homes are within any range of the line. She said she believes the utilities should map out their alternatives and wait until later as we may know more of the health risks. She indicated she knew about the road and her 0 property value was reduced after the road by the County. She suggested waiting five years before constructing this line. Gordon Borne of 7990 132nd Street Court noted that the neighborhood took a hit on County Road 38. He said that the City spent $35,000 on reforestation and put in all spruce trees. He thinks a line through the area would eliminate any benefits. He said he is getting the feeling that it is a "done deal." Chairman Felkner responded that it is not a "done deal" and that the Planning Commission is taking public comments to listen to the residents. Georgiane Zinder of 13940 Guild Avenue indicated that she said we need to take a look at the needs of the entire community. She indicated she is concerned about noise, pollution, water and thinks more attention should be paid to slower growth in the community. Lloyd Wallin of 8492133rd Street indicated he thought a more appropriate cooridor is warranted. He indicated he liked Alternate C because: 1) no new transmission corridor is needed, 2) no new substation would be needed and 3) there is too little consideration to social impacts. Dick Dumer of 8496 133rd Street Court said he felt that the Dames & Moore Report was limited in its scope. He said he is uncomfortable with Dakota Electric statistics. He noted that length was the lowest weighting factor and that this is inconsistent with cost. He noted that there is an inaccuracy in the area of human activities, that biking, walking and skateboarding were not included. Wallace Johnson of 7815 135th Road asked why the bell - shaped curve doubles in the year 2005. He wondered why there was so little concern on health but so much weight on schools, daycares and churches. He wondered if the Planning Staff has had this knowledge for some time. Commissioner Norris indicated that Dakota Electric originally approached the City in the Spring of 1991. The City directed the utility to define the corridor where the overhead transmission lines would be placed. He indicated that there have been several meetings with the utility companies and that the minutes and tapes are available to the public. Tom Troester of 12825 Foliage Avenue, asked why are there no possibilities of putting the power line next to the ring route. Is it for aesthetic reasons? He said that most people's introduction to Apple Valley is by going to the Zoo. Chairman Felkner closed the item for the evening. He indicated the public hearing would continue on July 7, 1993. He noted that July 21 would be the first time the Planning 0 Commission would be considering action on the item. Also on July 21st, responses to issues and questions raised during the public hearing process would be given. 5C. Capital Improvements Plan 1994 -2000 LOCATION• Citywide PETITIONER: City of Apple Valley (PC93- 021 -P) Associate Planner McMonigal explained what a capital improvement is and briefly described what a Capital Improvements Plan is. She indicated that City Administrator Tom Melena would be present at the next Planning Commission meeting to discuss the Capital Improvements Plan in light of the City's long range financial planning. It was suggested that the public hearing be left open until the next meeting. 7. DISCUSSION ITEMS A. The Planning Commission discussed sending recommendations to the City Council. They reviewed the recommendation on Sand & Gravel. They noted that while they did not technically make the motion to deny the Comprehensive Plan Amendment, they felt the message of denial would be sent to the City Council. Several members expressed disappointment at the indication that no recommendation was made to the City Council. B. Report on the Downtown Meeting Associate Planner McMonigal briefly discussed the items that were talked about at the downtown meeting held earlier in the day. Chairman Felkner asked that copies of anything that was banded out at the meeting be sent on to the Planning Commission. 8. OTHER BUSINESS - None - 9. ADJOURNMENT The meeting was adjourned at 12:10 a.m. 10