HomeMy WebLinkAbout07/07/1993CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
July 7, 1993
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting of July 7, 1993 was called
to order at 7:30 p.m. in the City Council Chambers by Chairman Alan Felkner.
Members Present: Chairman Alan Felkner, Karen Edgeton, Marcia Gowling, Len
Miller, Frank Blundetto, Jeannine Churchill.
Members Absent: Jim Norris.
Staff Present: Rick Kelley, Meg McMonigal, Scott Hickok, Dennis Miranowski
and Dennis Welsch.
Others Present: See the sign -in sheet.
2. APPROVAL OF AGENDA
After a brief review of Item 4A, a setback variance on the Consent Agenda, the
Planning Commission approved the agenda unanimously.
3. APPROVAL OF THE MINUTES OF JUNE 2, 1993
MOTION: Member Churchill moved, seconded by Member Gowling to approve the
minutes of June 16, 1993. The motion carried unanimously.
4. CONSENT AGENDA
MOTION: Member Edgeton moved, seconded by Member Gowling to recommend
approval of a setback variance for a new house located at 1311 Galleria Place as per the
Staff report. The motion carried unanimously.
5. PUBLIC HEARINGS
A. Utility Corridor and Substation
LOCATION: County Road 38 and 130th Street by Germane Avenue
PETITIONER: Dakota Electric /Cooperative Power (PC93- 027 -S)
(Continued from June 2, 1993)
Chairman Alan Felkner opened the continued public hearing from June 2, 1993. He
stated that no decision would be made this evening by the Planning Commission, and that
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the earliest meeting at which a decision would be made would be July 21, 1993.
Associate Planner Meg McMonigal provided a brief review of the request by Dakota
Electric, including:
1) A Comprehensive Plan Amendment for a Corridor and a Substation.
2) A rezoning to 'P" for a substation.
3) A Conditional Use Permit for the substation.
4) Site Plan Review and approval.
McMonigal described the two -year history of the study and the proposed route along
County Road 38 and County Road 11. She also described the site for a substation on
County Road 38.
Member Gowling asked for clarification regarding a Dakota County Highway
Department letter explaining their interest in the power line right -of -way. McMonigal
explained that the Dakota County Highway Department had not been contacted originally
and were uncertain that a utility line could fit within the County Road 38 corridor. At a
later date, County Engineer Dave Everds noted an error in his first letter to the City and
that the Highway Department had been contacted in 1991. He stated that Dakota County
will review the safety of pole placement before making any decision on permits to Dakota
Electric.
Chairman Felkner requested the Staff to check with the County Highway Department
regarding pole locations before the next meeting.
Randy Poulson, representing Dakota Electric, stated that he had met with the County
Highway Engineers Department in November of 1991. He noted that the County currently
has 20 -30 miles of Dakota Electric power lines within right -of -ways. Chairman Felkner
asked Mr. Poulson to work with the County to clarify the issues regarding power line pole
safety locations.
Mr. Poulson offered to distribute copies of a position paper on system alternatives
to citizens who were interested.
Lloyd Wallin, 8492 133rd Street, asked the Commission to consider aesthetics and
landscape quality along the corridor. He also stated there are other corridors and poles that
could be modified to accept the load proposed in this project.
Darlene Wallin, 8492 133rd Street, stated that she had medical evidence regarding
physical conditions that would be affected by a power line in the proposed location. The
medical evidence letter was distributed to the Commission.
Connie Scheid, 177 Beaumont Court, asked if Palomino Road was zoned for 'P" as
an institutional use for the substation. Associate Planner McMonigal explained that
Palomino Drive is designated as a utility corridor, but there is no designation of an
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institutional "P" site where a substation could be located. Ms. Scheid stated the residents
are unhappy with the current poles along Palomino Drive.
Eric Kleen, 12975 Garrett Avenue, stated that he lives directly across from the
proposed substation and asked why the substation is being built to initially absorb 80% of
the capacity. He asked why the substation wasn't being built larger initially. He also asked
the Commission to consider why other substations are not upgraded before adding new
substations.
Bill Kelley, 13215 Hanover Avenue South, stated that the power lines will destroy the
trees in his back yard and along the right -of -way adjacent to his property.
Mary Dickie, 7855 133rd Street, read a letter from Betty Knapp, who is a resident
of the Oaks, stating she was concerned with valuation and salability of homes. In addition
she was concerned with the health and unsightliness of the power lines as they affect
valuations.
Carol Bjorkland, 102 East Pony Lane, stated her property backs up to Palomino
Road and she was concerned about health and aesthetics. She stated that if County Road
38 is too narrow for power lines, then Palomino is even worse. She suggested putting the
power line on Cedar Avenue instead.
Tom Brigl, 7385 130th Street, stated that Dakota Electric has planned for a crisis and
is asking for too quick of a decision. He noted that the substation is a significant event and
should be in more than a 3 year plan. He asked why the Planning Commission is only
looking at one alternative and questioned the aesthetics of a substation. He stated that a
70 foot pole is very visible and imposing upon people. He stated there appears to be no
need for additional power lines since there have been no complaints and no brownouts. He
expressed concern about the safety of children near the substation and the uncertainty of
the health hazard. Brigl commented that the 115 kilovolt line has no upper limit. He asked
if it could be expanded to a larger size line at a later date. He stated that realtors think
that a 5 -10% decline in property value occurs with the proximity of a power line. He asked
that the Commission consider the added cost of undergrounding lines which he estimated
at $59 per user, instead of installation above ground.
Bill Tschol, of 140th Street in Palomino Woods, stated that he was a realtor in the
area and found the power lines do devalue a property at 5 -10 %. He also commented that
the planning studies show fewer homes than are planned or constructed along the power line
right -of -ways. He asked the Commission to be concerned with the one -half million dollar
property value loss if the power line is constructed.
Steve Pemberton, Apple Valley realtor, stated that 5% property value loss is low in
the area. He also expressed concern with children's health over a longer period.
Francis Hunter, 13338 Huntington Circle, questioned the data provided by Dakota
Electric regarding daycare and housing units and population.
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Darlene Wallin, 8492 133rd Street, asked what EMF studies have been done in the
United States instead of foreign countries.
Wallace Johnson, 7815 133rd Street, stated that the study shows a 115 kilovolt line
to be constructed on County Road 38 to the year 2000 and that a 230 kilovolt line will be
constructed in the year 2005. He asked if the corridor does allow for additional sizing of
lines in the future.
Doug Dahlem, 12674 Foliage Lane, asked where the power lines would be placed in
the future and if power lines would cross the entrance to the zoo.
Tom Rosenberg, 13081 Herald Circle, asked if Palomino Drive was the appropriate
place for power lines because it had less right -of -way width than County Road 38.
Sandy Olson, 6872 129th Street West, asked why this issue has to divide the
community?
John Ryan, 13085 Herald Circle, stated that he had moved from Eagan to Apple
Valley and did live near a high line. He urged the Commission to reject the alternatives
because there are significant impacts. He stated that homes along Palomino Drive on the
south side of the road would look directly into the power lines. The impact on Palomino
Drive would be greater than on County Road 38.
Dean Smith, 12822 Florida Lane, stated that the study should take into account "man-
months" of exposure to power line and EMF. Mr. Smith stated that the Nicols Road route
has less exposure in terms of "man- months ".
D. Lee, 12975 Garrett Avenue, stated that additional power line information
regarding EMF was available from a transcript of 20/20 television program. She asked the
Staff to make copies for the Planning Commission.
Bill Baker, 6689 129th Street West, stated that the extension of power lines to the
east will impact the Zoo aesthetically. Improvements have been made along County Road
38 and are contradictory to the installation of a substation and power lines. He expressed
concern with the impact from Dakota Electric's power line and the lack of input into the
system for the residents. He asked if declining property values will decrease property taxes
and the City budget. He asked if the Commission did not know the pole locations how they
could understand the impact on existing trees.
Tom Harris, 8500 133rd Street, asked that the southern extension from County Road
38 to the Lakeville border should be shown and the property owners notified of this
potential right -of -way. He stated that future plans for Alternate "C" should be shown and
asked why they do not occur all at one time instead of in smaller pieces. He also asked if
the Burnsville substation would be improved in the near future.
Joe Kinkowski, 13077 Herald Circle, asked about the impact of those people along
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County Road 38 and Palomino corridors and requested an evaluation of the comparative
impacts.
Lloyd Wallin, 8492 133rd Street, asked why the power line wasn't buried initially
when County Road 38 was built.
Member Edgeton asked Randy Poulson to explain the environmental impacts of
buried cables within steel encased pipes and cooling done by an oil solution. She asked if
leaks do occur and if Mr. Poulson could bring additional information on buried lines and
environmental impacts to the next meeting.
Harriet Rosenberg, 13081 Herald Circle, stated that power lines are a permanent
addition to the community and create permanent impacts, unlike mining activities.
Chairman Alan Felkner closed the public hearing and noted that the Planning
Commission will consider this item again on July 21st. A 10 minute recess was taken.
6. LAND USE /ACTION ITEMS
A. Conoco Car Wash Conditional Use Permit
LOCATION: 7575 - 145th Street West
PETITIONER: Conoco, Inc. (PC93- 029 -C)
Associate Planner Scott Hickok provided a review of the car wash proposal and a
Staff recommendation of approval for the Conditional Use Permit with the following
conditions.
1) Building materials must match.
2) A landscape screen and fence screening should be installed.
3) Dumpsters must be screened.
4) Mechanical devices must be screened.
5) Meters along the rear of the building must be protected.
6) A third dumpster must be installed.
7) Curb and surfacing must be installed.
8) Bollards must be placed near each back door.
Mr. Hickok described the delivery schedule for all of the stores using back door
delivery. He also described the driveway loading, driving, and parking lanes. A general
discussion ensued regarding the sign code and other related performance issues.
Member Edgeton asked for clarification regarding snow storage on the site and the
Staff responded that snow will be trucked from the site.
Member Gowiing asked for clarification regarding exit onto Glenda Drive; should
this be a one way entrance?
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Member Miller asked if a sign should be placed on the exit of the car wash
cautioning crossing traffic to the possibility of a car emerging from the car wash.
Member Blundetto asked if the car wash could have a blinking light on the exterior
of the building notifying adjacent drivers of the emerging vehicle. Mike Defranco,
representing Conoco, stated that this light could easily be added.
Mike Defranco stated that he was satisfied with the safety issues, the driveways, the
sign improvements to the back, and the improved aesthetics.
MOTION: Member Miller moved, seconded by Member Edgeton to recommend
approval of the Conditional Use Permit and the Staff conditions and to include a flashing
light at the exit from the car wash. The motion carried unanimously.
6B. Sign Variance - Apple Valley Ford
LOCATION: 7200 150th Street West
PETITIONER: Apple Valley Ford
Associate Planner Scott Hickok described the request by Apple Valley Ford to
provide an additional "service" sign that would measure 2'9" x 7'4 ". He stated that the code
allows for 10 square feet of sign area per service bay door. The Planning Staff
recommended denial because alternatives do exist on the site. A general discussion ensued.
MOTION: Member Churchill moved, seconded by Member Blundetto to recommend
denial of the variance request as per the Staff report. The motion carried unanimously.
6C. Variance to Required Building Materials
LOCATION: 7660 - 150th Street West
PETITIONER: Bridgestone /Firestone, Inc. (PC93- 008 -BV)
City Planner Richard Kelley provided a background report in which he reviewed the
building plan submitted and showed the proposed brick and stucco as originally approved.
He described the confusion between the construction drawings and the original approved
drawings. He noted that Firestone did not understand that the stucco was a condition of
the building permit, and that Firestone asked that the rock faced block be retained as the
exterior surface. Member Blundetto asked if this was an honest mistake, the Staff concurred
it was.
Michael Atrum, representing Firestone, explained the project and the improvements.
He stated that stucco would not be a material of choice because it does degrade and is a
maintenance problem.
The Planning Commission discussed alternative surfaces such as a brick veneer,
dryvit, and stucco. Mr. Atrum explained that the entire rear wall will be painted a beige
color to match the facade on the building.
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Member Blundetto asked if there would be a different visual impact 100 feet away
from the building and whether there would be more texture with the rock face block than
with stucco. The Staff concurred there would be more texture, but it would be hard to
detect a difference from over 100 feet away.
MOTION: Member Blundetto moved, seconded by Member Churchill to
recommend approval of the variance to allow painted rock face block along the west wall
of the Firestone building. The motion carried unanimously.
7. DISCUSSION ITEMS
A. Review of City Council Discussion of 'Downtown Development"
Community Development Director Dennis Welsch provided a background report
regarding a City Council Meeting held on June 2, 1993, in which downtown expansion was
the topic. He stated that he reviewed the consensus from the meeting including:
1) Downtown including a mix of retail, general business, and office uses should
extend or expand eastward to the tank farms, adding approximately 300 acres to the existing
downtown.
2) Fast food should be removed from the zoning areas north of 147th Street at
Pennock Avenue.
3) 147th Street should be extended east to Pilot Knob and should have a traffic
study done by Glen Van Wormer and design done by BRA.
4) The County and the City should jointly redesign the principal arterials at
Cedar and County Road 42 and include a study regarding median design.
5) Traffic study should be done to determine capacity of the road system
throughout the downtown based upon potential land uses as generated from the GIS System.
6) The City Council should complete worksheets on the downtown which help
identify existing goals and guidelines which should be retained or modified.
Welsch also listed some unresolved topics, including:
1) The mix of uses in downtown; should general businesses and retail uses be
mixed compatibly?
2) The sewer capacity for the Luella Fischer land and the potential installation
of the central interceptor from Lakeville to Flagstaff Avenue at 151st Street.
3) Resolution of the park and ride proposals by Minnesota Valley Transit
Authority at Target and /or Cub Foods.
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4) The staging of stoplights, new and /or removal of such stoplights along County
Road 42 and Cedar Avenue.
Welsch described the road capacity maps provided by the Public Works Department
and alternative designs as viewed from downtown St. Paul and Interstate 35E. He also
provided overhead maps illustrating the existing building square footage, the existing zoning,
and the existing Comprehensive Plans for the area from Hayes Road to the tank farms on
the east. No action was taken.
8A. Adoption of Comprehensive Plan 'Profile of The City" Chapter
Associate Planner Meg McMonigal asked the Commission to table action on this
adoption until a further meeting.
8B. Received notice of withdrawal of rearyard setback variance for a porch
addition at 16582 Hayward Court by Jay and Jan Naverud (PC93- 028 -V).
Associate Planner Scott Hickok provided communications from Mr. and Mrs.
Naverud who withdrew their variance request. No further action was necessary.
8C. Resolution of appreciation to Dennis Welsch.
The Planning Commission adopted the following resolution.
CITY OF APPLE VALLEY
RESOLUTION NO. 1993 -
A RESOLUTION OF APPRECIATION
WHEREAS, Dennis P. Welsch has been the Community Development Director for
the City of Apple Valley for over five years; and
(WHEREAS, Dennis has actually put in ten years of work); and
WHEREAS, Dennis is a superior professional planner and outstanding Community
Development Director; and
WHEREAS, Dennis has given the City visionary leadership on a variety of the City's
concerns; and
WHEREAS, Dennis has reinforced the highest ethical standards in planning issues;
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WHEREAS, Dennis provides practicality and human understanding in planning
decisions; and
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WHEREAS, Dennis has been a warm and wonderful person to work with.
NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of
Apple Valley that its full gratitude and thanks be offered to Dennis P. Welsch for his help
and guidance on a wide array of planning matters and for his steady, forward thinking for
the community.
ADOPTED this 7th day of July, 1993.
Alan Felkner, Chair
Marcia Gowling, Secretary
Karen Edgeton, Vice Chair
Jeannine Churchill
Frank R. Blundetto, Jr.
James R. Norris
The motion carried unanimously.
Len Miller
Community Development Director Dennis Welsch thanked the Planning Commission
and the Staff for their support over the past five years and for the wonderful working
relationship and accomplishments that the Planning Department has had.
9. ADJOURNMENT
The meeting adjourned at 10:30 p.m.
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