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HomeMy WebLinkAbout11/03/1993CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES November 3, 1993 1. CALL TO ORDER The City of Apple Valley Planning Commission Meeting of November 3, 1993, was called to order at 7:35 p.m. by Chairman Alan Felkner in the Council Chambers of the Apple Valley City Hall. The agenda was approved as written with the exception of the addition by Staff of Item 7B, Sketch Plan Review of Fischer Sand & Gravel Operation. 3. APPROVAL OF THE MINUTES OF OCTOBER 20, 1993 The minutes of October 20, 1993 were approved as written. 4. CONSENT AGENDA None - 5. PUBLIC HEARINGS A. Huntington Ridge Garden Homes Tabled until additional information is received. 6. LAND USE /ACTION ITEMS A. Sideyard Setback Variance for Carport at 1066 Lowell Drive At the request of the applicant, this item was tabled until further information could be obtained regarding alternative designs for a carport or garage. B. Frontyard Setback Variance for Porch Roof at 161 Spruce Drive Chairman Felkner introduced Item 6B, and City Planner Rick Kelley presented information regarding the variance request. Kelley stated that this is a standard R -3 (11,000 square foot minimum lot size residential site). This is the predominant lot size for residential sites in Apple Valley. The legal description for this item is Lot 25, Block 2, Apple Valley 11th Addition. The proposal is to cover or build a roof over a front porch. Planning Commission Minutes November 3, 1993 Page 2 The code requires 30 feet between the front property line and the building setback. This request would allow a 20 foot setback as opposed to the required 30 feet. Kelley stated the owner would like to put a roof over the existing deck. Kelley stated that an earlier variance request was requested and approved on an adjacent residential site. That earlier variance was also to allow a reduced frontyard setback. Although there was no physical hardship, the variance was reviewed and approved based on perceived impacts on surrounding residential. Kelley concluded by stating that the impacts of this addition may not be great, but there is no physical hardship on this site that would substantiate a variance. Commissioner Edgeton asked if there was a hardship on the house south of this residence. Rick Kelley responded there was not. Commissioner Churchill asked if the addition would be screened by landscape or open to the street, and asked for clarification of right -of -way width from curb to private property. Kelley responded that the home is set back approximately 45 feet from the curb. Churchill then asked if this is a roof addition only. Mr. and Mrs. Larson were present, and asked the Chair of the Commission for permission to distribute photos that would help answer questions, and also to show an example of a similar addition to the one that they are proposing. Commissioner Blundetto asked for clarification of where the addition would be on the site. Commissioner Churchill asked when the home was built. The owners responded approximately 1963. Chairman Felkner asked if the petitioner has considered whether or not they have room for a garage addition as they had mentioned in their conversation. The petitioner responded that they would have room for approximately 1 -1/2 stalls without a variance on the garage. Marcia Gowling asked for further clarification on this garage addition. A general discussion ensued. MOTION: Churchill moved, seconded by Blundetto, to approve the front yard setback variance for a porch roof at 161 Spruce Drive. The Commission felt that this was not aesthetically offensive and is consistent with the addition on an adjacent site. The motion passed 6 - 0. Commissioner Edgeton asked if Staff would have a special work session with the Planning Commission regarding variances. Staff agreed to set up a future work session on this topic. Planning Commission Minutes November 3, 1993 Page 3 6C. Conditional Use Permit for Outdoor Sales /Storage for Construction Materials between 145th and 146th Street, East of Bishop's Storehouse and Al's Cabinets. Lamperts Lumber and Fischer Development Co. II are the applicants for this request. City Planner Rick Kelley explained the expansion of both 146th Street and 145th Street, and the expansion of the outdoor storage requested by the petitioner. Kelley reminded the Commission that this item had been reviewed earlier, and at the request of the petitioner was tabled at the last Planning Commission Meeting due to a conflict in meeting schedules. Kelley continued by stating that there is a barbed wire topped chain link fence in this proposal. This fence is at the minimum setback distance from the right -of -way. The landscaping proposal has been illustrated to show that as the landscape elements mature, the chain link fence with the barbed top will be screened from the public right -of -way and adjacent sites. Kelley concluded by stating that the petitioner and staff have worked to reach an agreement. This agreement would allow the petitioner to have public assistance through special assessments on the installation of the hard surface and curb and gutter which is required to surround the outdoor storage area. Special assessments or public funds are available to assist with mitigation of environmental problems -- in this case, sealing off materials that may leach into the storm sewer system. This is an important aspect of the hard surface, and public funds would be available to complete this project. Staff recommends approval of the proposal for outdoor sales /storage of construction materials. Commissioner Blundetto asked if we do this assessment process regularly. Mike Dougherty responded that we have used this assessment procedure on other projects, and it is appropriate in certain situations. There is a statutory allowance that allows cities to participate in an improvement such as this. The act of going on private property is not typical, but when providing abatement for a nuisance, the improvement activity is appropriate. Blundetto then asked Engineer Keith Gordon to explain the public improvement and what exactly is involved in this case. Keith Gordon explained that the proposed surface has crushed concrete and has already been observed leaching into the streets and down slopes which will eventually lead to the storm sewer. This surface, however, is appropriate once sealed, and can provide a base for a new surface of bituminous. The addition of curbing, landscaping and resetting grades will eliminate the danger to the storm sewer. Gordon continued by stating that the proposal and city - assisted improvements would include a 4 inch bituminous surface which would allow heavy forklifts to make sharp turns as required to load and unload material in the Lamperts operation. This 4 inch bituminous surface will be surrounded by a standard B612 curb and gutter at the perimeter. Storm sewer will also be installed as part of this project, as well as hydrants to be installed at the perimeter of this storage area by request of the Apple Valley City Fire Marshall. These hydrants will provide access points for water in the event of a fire within the storage area. Planning Commission Minutes November 3, 1993 Page 4 John Gretz stated that the street improvements would not be charged to Lamperts. Both 145th and 146th Street will be extended at the same time this public improvement installation occurs, and those street improvements will be billed to the owner /developer of the surrounding area. Commissioner Blundetto asked for clarification of the elevation of the new proposal. Blundetto stated that earlier discussion centered around severe slopes from the storage surface to the street. Keith Gordon responded that erosion will be very slight with the installation of the storm sewer, curb and gutter hard surface and landscaping surrounding the perimeter. The City does not anticipate erosion towards the street or on the slopes. Gordon concluded by stating the slope is a 6 or 7:1 slope and the City allows as much as a 3:1 slope, which is still considered mowable and is much steeper. Chairman Felkner asked if the proposal would be assessed in an "amount not to exceed', and if the City has structured this on 15 years at 7 %, will the City be losing if the rates go up. John Gretz explained that the City feels comfortable with the margins on this project. Commissioner Edgeton asked if, by approving this proposal, we would be removing all variances. Kelley responded that no variances would be required as proposed. MOTION. Churchill recommended approval as stipulated by Staff. Blundetto seconded the motion. The motion carried 6 - 0. ' 6D. Utility Corridor and Substation The Dakota Electric /Cooperative Power proposal continues to be tabled at the request of Dakota Electric until they have completely evaluated all alternatives listed in the report prepared by the city consultant. 7. DISCUSSION ITEMS A. Sketch Plan for Lot Rezoning/Split at 13140 - 132nd Street West Rick Kelley introduced and discussed a sketch plan for a lot split at 13140 132nd Street West. Kelley stated that the property is located in the White Oak Ridge Development, north of Long Lake. As it exists, the area consists of large lot, single family sites (40,000 square feet lot size minimum, or an R -1 zoning classification). Kelley explained that historically the larger lot residential provided for homes with their own septic systems, and that a more typical urban lot develops once utilities have been installed. Utilities for this development were installed recently, and it is anticipated that the acreage east of this proposed lot split will become an R -3 single family development. Kelley then Planning Commission Minutes November 3, 1"3 Page 5 explained the sketch proposed property line intended to divide the Brabec site into two residential sites. Currently the Brabec home exists on one lot. This home would continue to remain on a smaller lot and a new lot would be created east of the existing home. Kelley concluded that the alternatives are as follows: 1) The Commission could recommend leaving the property R -1 without allowing further subdivision. 2) The Commission could leave the property R -1 and grant a variance to the lot size to allow this subdivision. 3) The Commission could rezone the property to R -2 with an 18,000 square foot minimum lot size. 4) The Commission could rezone the property to an R -3 with an 11,000 square foot minimum lot size. Again, Kelley emphasized the future development at no certain date to the east, and stated that there is a likelihood that this could become an R -3, 11,000 square foot minimum lot size single family development. Chairman Fellmer asked about a past request to subdivide a lot on Farquar Lake. Kelley responded by stating rather than rezoning to allow the subdivision, the Planning Commission opted to allow a smaller than standard residential lot. That subdivision was approved. Commissioner Churchill asked what would keep this property owner from subdividing the property further into five residential lots as opposed to two. The petitioner Bill Brabec stated that they have no desire to subdivide the property in a configuration that would include more than two lots. Brabec continued by stating that there is natural vegetation on this site which already provides a division between the existing home site and the location of a future home if the lot were to be subdivided. The Brabec's would like to keep those natural features, and would not want to eliminate those to further subdivide the parcel. Commissioner Gowling asked if the Brabec's had discussed the proposal with their neighbors. Mrs. Brabec responded that they had not. Bill Brabec stated that he had spoken to a neighbor who liked the idea. Commissioner Churchill asked if the lots south of this proposal meet the 40,000 square foot minimum. Kelley responded that they do. Commissioner Gowling asked for clarification of the roadway configuration once the land to the east is developed. Rick Kelley explained the possible future street connections to this area. Planning Commission Minutes November 3, 1993 Page 6 Commissioner Miller stated that he would approve a change to an R -2, 18,000 square foot minimum lot size. A general discussion ensued about R -1, R -2 and R -3 lot sizes. A vote was then taken showing Len Miller, Alan Felkner, Frank Blundetto, Marcia Gowling, and Karen Edgeton all in agreement that R -2 seemed most appropriate. Rick Kelley then stated that the next step would be for the petitioner to meet with Staff and to discuss a rezoning request to R -2. 7B. Sketch Plan Review of Fischer Sand & Gravel Area John Gretz gave a brief presentation and explained the activity of the council and consultants who have studied the future development of the area north, west and south of our Central Maintenance Facilities. Gretz continued by stating that there are three proposals that will be coming forward for development of these areas. Gretz used a map that was prepared by Urban Planning and Design and SEH Traffic and Planning Consultants to explain the future road alignments and also potential future land uses in given segments of the acreage. Gretz also explained the color coding: green, blue and yellow for different street classifications, and the signalization of certain intersections. Gretz stated that 145th would jog down to line up with 147th to the east. This jog would be requited because of the elevation of the pipelines in this region. Gretz concluded by stating that three developers, Joe Miller Homes, Centex Homes, and Arcon Development, have been working with staff with preliminary layouts of the development areas north and south of 140th, and formal proposals should be available in the near future. Commissioner Edgeton asked if a road is actually going through a building as illustrated on the street layout map. Staff responded that this street alignment has been discussed. John Gretz explained the need for signals and also the possibility of a 3 -way intersection or a road alignment that would allow a slight jog in 147th Street to continue south of the existing industrial buildings along Galaxie Avenue. Commissioner Edgeton agreed in general with the street alignment layout, but felt that this is an area of concern. Commissioner Blundetto asked for clarification of how the pipeline affected the decision for a 147th Street alignment. Keith Gordon stated that the Tank Farm is higher in elevation than the proposed roadway, and that a 20 -30 foot increase in a short distance would be required in order to make the transition from the Tank Farm site to 147th Street. This drop would be too severe without modification to the actual elevation of the pipeline. Planning Commission Minutes November 3, 1993 Page 7 Commissioner Miller asked why not raise the road. Commissioner Blundetto asked about the cost of the change in elevation. Staff responded that this grading modification would cost approximately $350,000. Commissioner Edgeton asked for clarification of where the Ring Route would actually go. Staff explained the possibilities. Commissioner Blundetto asked about what we could do in this early stage of planning to help attract a sit -down restaurant. John Gretz explained that the Staff has talked to interested restaurant businesses and continue to do what we can to entice them to develop in our community. Gretz continued by stating that currently we are being investigated by many hotel developers, and Staff believes that once a hotel is developed in the community, a restaurant will follow. A general discussion ensued. 8. OTHER BUSINESS A. Resignation of James R. Norris A resignation notice of James Norris was received. MOTION: Churchill moved, seconded by Gowling, to recommend to the City Council to make every effort to advertise and decide on a Planning Commissioner to fill the vacancy created by the Norris resignation. The Planning Commission asked that for future meetings they be provided with a full set of the minutes from the previous City Council meetings. Commissioner Edgeton asked that a resolution of appreciation be drafted by staff in recognition of Commissioner Norris's contribution to the City. MOTION: Edgeton moved, seconded by Gowling, to have staff draft a resolution. 9. ADJOURNMENT The meeting was adjourned at 8:35 p.m.