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HomeMy WebLinkAbout12/01/1993CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES December 1, 1993 I V_11 to 111ZI7:91 "A The City of Apple Valley Planning Commission Meeting of December 1, 1993, was called to order at 7:36 p.m. by Chairman Alan Felkner in the Council Chambers of the Apple Valley City Hall. Members Present: Chairman Alan Felkner, Marcia Gowling, Jeannine Churchill, Karen Edgeton, Frank Blundetto. Members Absent: Len Miller. Staff Present: John Gretz, Keith Gordon, Mike Dougherty, Scott Hickok, and Richard Kelley. Others Present: See the sign -in sheet. 2. APPROVAL OF AGENDA Chair Felkner asked if there were any additions or deletions to the draft agenda as submitted. Staff responded that they would like to add an item 813, Discussion of possible joint meeting between Planning Commission and City Council to discuss multiple residential density policy. Chair Felkner noted that in conjunction with the possible discussion of the City's density policy, it would probably be appropriate to table Item 6A, the Huntington Ridge Garden Homes. He noted that just prior to the meeting this had been discussed with the petitioners and was acceptable to them. He stated that City Staff will contact the neighborhood representatives to let them know when this item will be reconsidered on a future Planning Commission agenda. MOTION: Member Gowling moved, seconded by Member Edgeton, to approve the agenda as amended. The motion carried 5 - 0. 3. APPROVAL OF THE MINUTES OF NOVEMBER 17, 1993 Chair Felkner asked if there were any suggested amendments to the draft minutes as submitted. There being none, he called for approval of the minutes. MOTION Member Churchill moved, seconded by Member Gowling, to approve the minutes as submitted. Motion carried 5 - 0. 4. CONSENT AGENDA - None - Planning Commission Minutes December 1, 1"3 Page 2 5. PUBLIC HEARINGS A. Hunters Wood Planned Development Revisions Chair Felkner opened the public hearing with the standard remarks and requested the public to use the microphone at the podium so that their comments could be heard by the television audience. City Planner Richard Kelley introduced the item. He stated that initial review of this proposal occurred approximately 1 -1/2 years ago as part of a request to locate a Super America facility at the intersection of Palomino Drive and County Road 11. Because of the traffic safety concerns raised during that initial review, a solution involving the realignment of Palomino Drive to intersect County Road 11 at a point several hundred feet south of the current intersection has been discussed. The property owner has now suggested a realignment with a very smooth "S" curve to facilitate traffic movements, but also allow the vacated right -of -way of "old" Palomino Drive to revert back to the abutting property owners for development purposes. The public hearing this evening is to consider amendments to the City's Planned Development Zoning Ordinance #144 to eliminate the "hotel first" restriction on motor fuel sales, as well as to add as permitted uses: convenience grocery, retail, and car washes. The property lying south of Palomino Drive, which is currently zoned Visitor Business, would also be rezoned into this same Planned Development designation. Member Edgeton asked what the distance was between the subject property and the existing family lots in Hunters Wood. Mr. Kelley stated that he would have to go back to the original plan to get an accurate dimension, but it appeared to be about 500 feet. Member Gowling asked what the distance would be between the proposed intersection at 137th Street onto County Road 11 and the existing intersection at County Road 38. She questioned whether the distance between these two intersections might complicate the installation of traffic semaphores. Mr. Kelley responded that there was approximately 1/8 mile distance between these two intersections. While it is more desirable to have 1/4 mile or more between signalized intersections, it would be possible to electronically link the two semaphores together to coordinate the signal timing and facilitate the associated traffic movements. The developer, Ray Connelly, made a brief presentation, including the history of the project. He stated that the alignment of Palomino Drive being proposed now avoids intersection designs previously discussed which did not adequately separate the through traffic of Palomino Drive from the local traffic of Hunters Way. He also stated that by moving the road southward, the development sites could more easily be linked together with the necessary municipal utilities to serve them. Planning Commission Minutes December 1, 1993 Page 3 Member Churchill asked if the development of this area would involve filling the low area existing at the intersection of County Road 38 and County Road 11. Mr. Connelly stated that it is not their intention to fill in this low area, but rather to retain it as a storm water holding area. He does not believe that the construction of the realigned Palomino Drive would have any impact on this either, but that he was unclear how far back the reconstruction would have to be taken to convert Palomino Drive to an "urban section" with curb and gutter. City Engineer Keith Gordon stated that the reconstructed Palomino Drive would be built as a 44 foot wide street with concrete curb and gutter, and that the reconstruction would probably go back as far east as its intersection with Gardenview Drive. Chair Felkner then opened the public hearing for audience comment. Marcia Smith, 8767 Highwood Way, stated that she did not understand the locational shift of land uses illustrated on the map. Chair Felkner asked Planner Kelley to point out on the map what was being proposed. Ms. Smith stated that she felt that a 24 hour Super America use on the site would add traffic to the area, contributing to the traffic congestion even if Palomino Drive were realigned. Member Gowling stated that zones 3 and 4, for future multiple residential use in the Hunters Wood area, are not being proposed for any changes. It is only the commercial area on the other side of the multi - family area which is being discussed as part of this hearing. Mr. Kelley then displayed the zoning map of the area to demonstrate the relative locations of zones 3, 4, and 5. Marty Ferrant, 8742 Highwood Way, stated that he felt the 198 foot distance between the driveway access to the proposed Super America and the intersection of new Palomino Drive was not enough to accommodate all the cars that he would expect to be stacked there during peak periods in the morning and afternoon. He believes that this will create a substantial traffic problem, particularly if the other vacant parcels adjacent to Hunters Way were built for commercial uses as they are currently zoned. Commissioner Edgeton stated it was important to remember that this area is already zoned for commercial uses, and what is being discussed this evening is the removal of the "hotel first" restriction. The amount of traffic likely to be generated in this vicinity is going to occur regardless. Dave Rademaker, 8723 Highwood Way, asked what the meaning of the "hotel first" requirement was in the current Planned Development regulations, and what the risk to the City is if this requirement is removed. Mr. Kelley addressed the Commission and audience by stating the City desired to have a hotel located in the community, and the belief 20 years ago was that the only likely spot for it to occur would be adjacent to the 35E interchange. In order to encourage the developer to locate a hotel on the site, the "hotel first" Planning Commission Minutes December 1, 1993 Page 4 requirement was put into the planned development ordinance. It has now become evident that there is a demand for hotel uses in the City's downtown commercial area. There is consequently no need for the City to retain the "hotel first" stipulation in the ordinance. Mr. Connelly also addressed the Commission by stating that the development of the Hunters Wood single family area in the late 1970's represented a slightly lower density than originally anticipated. The original planned development anticipated townhome units rather than single family units. Doug Halvorson, 8710 Hunters Way, questioned the difference in the relative hotel sizes between what was originally anticipated and what the concept plan being displayed this evening illustrated. Mr. Connelly stated that the current market conditions would indicate that at this location probably only a 60 unit motel would be constructed, and that it would be of the budget variety without extensive facilities. Conversely, in the early 1970's when it was felt that this was the only viable hotel site in the City, it was hoped that a major hotel with extensive meeting space and banquet rooms would be constructed on the site. Mr. Connelly also pointed out that regarding development of the remaining vacant property in the area, they are proposing to change the permitted uses on the site south of Palomino Drive from all Visitor Business to an approximate 50150 split between Visitor Business and Multi- family. Marcia Smith, 8767 Highwood Way, asked what would prevent any future business person or property owner from coming before the City and asking for yet another change. She felt that the ability of the property owner to request zoning changes created a very uncertain condition for adjacent home owners. Chair Felkner pointed out that property owners always have the legal right to ask for a change in the zoning on their properties. He also pointed out that, with the exception of the convenience retail, the uses being discussed this evening are all currently allowed. Ray Connelly stated that the real purpose of this hearing was to consider the proposed realignment of Palomino Drive. He hoped that the Commission did not get bogged down on the issue of specific land uses or their relative location on the site. Member Churchill stated that the Planning Commission always needs to look at adjacent uses in its deliberation of a development proposal. In this case, the original proposal for a Super America and the possible traffic impacts it might have on the adjacent properties and street intersections is the reason the deliberations have taken so long. Dave Rademaker readdressed the Commission by stating that the president of their homeowners association was not in the audience this evening, and questioned whether they would have an opportunity to raise questions at a future meeting. Chair Felkner stated that it is not possible to hold public hearings open simply because one or more residents found themselves unable to attend. No matter when meetings are scheduled, there are always some people who can't make the meeting. Mr. Felkner also stated that even though the hearing will be closed, it has always been his policy to allow some additional audience participation provided that new issues are raised rather than a rehashing of old issues. Mr. Planning Commission Minutes December 1, 1993 Page 5 Felkner also asked Staff to include with their next report a synopsis of public hearing comments and answers raised at the previous public hearings on this property. Mr. Rademaker went on to state that the magnitude of the commercial uses being proposed here is likely to bring additional crime into the neighborhood, which he does not see as a good thing for either the neighborhood or the City. He hopes that this will be examined carefully in any decision. Commissioner Edgeton asked Staff if the proposed planned development change constituted a rezoning. Mr. Kelley stated that any change in performance standards or permitted uses in a planned development did constitute a rezoning action. Char Lundstedt, 8645 Hunters Way, asked a question about the proposed signage for this site. Mr. Kelley responded that at the proposal submitted 1 -1/2 years ago a variance for a 60 foot high pylon sign had been requested by Super America, as opposed to the maximum 24 foot height allowed by ordinance. He stated that at that time Super America was informed that there was no justification for a variance, and that they should not expect any further consideration of such signage. Ms. Lundstedt also stated that she felt that the presentation of the petitioner gave her the impression that what is actually built on the site may not be exactly the same as the concept plan being displayed. She asked if there was any sense of what was truly going to happen on the site. Mr. Connelly stated that it was his firm belief that the site would be developed as proposed, with the possible exception of the motel use. Chair Felkner asked Staff to prepare a list of all permitted uses on the site for review at the next meeting. Ms. Lundstedt also noted that the permitted uses seem to include a Class I restaurant. She asked what the definition of a Class I restaurant was. Mr. Kelley responded by explaining the difference between a Class I full service restaurant and a Class H fast food restaurant. Ms. Lundstedt stated that she felt the reason there was a limited number in the audience this evening was due to the short notice they received about the meeting. Mr. Kelley responded that all property owners within 350 feet received mailed notice a minimum of 10 days prior to the public hearing. He stated that there were probably additional flyers distributed by members of the neighborhood after this time, but that the official notice was sent out in accordance with state statute for notification. Ms. Lundstedt asked if the proposed realignment of Palomino Drive would involve any cost to the taxpayers. City Engineer Keith Gordon stated that the Minnesota Department of Transportation would be participating in the construction costs for the realignment of Palomino Drive since they had always expected that the road needed to be moved as part of the 35E construction. He stated that the roadway improvement costs not covered by the Department of Transportation would be specially assessed to the developer's Planning Commission Minutes December 1, 1993 Page 6 property. He stated that sewer and utility costs to serve these new commercial properties would also be specially assessed to the developer. Mark Bonitz, 8746 Highwood Way, noted that the plan displayed this evening is a conceptual plan, and that the buildings could conceivably be located differently when they were actually constructed. He stated that he thinks the situation now is different than 20 years ago when the Planned Development Zoning was first established, and that in his mind, many issues are still not resolved to allow such a major change for a Super America store to occur. Leo Short, 8720 Highwood Way, stated that he echos the previous speaker and wants the opportunity for further comment at a subsequent Planning Commission meeting before any action is taken. Chair Felkner stated that they must cut off comment at some point. He stated that when Staff answers are presented to questions raised during the hearing, he will usually allow some audience participation for clarification purposes. Member Blundetto stated that he is hearing a redundancy in comments. He noted that Staff will prepare answers to questions dealing with technical issues. It is these technical issues that they will base their recommendation on. He stated that the proposal being reviewed this evening is much improved over the proposal initially submitted 1 -1/2 years ago. Member Churchill noted that in her mind, the hotel issue appears to be being used as some type of guarantee by the residents to either delay or prevent this land from being developed. She stated that decisions regarding land use are governed by statutes and must be based on some rational criteria. An unidentified member of the audience asked a question regarding the size of the gas station which currently would be permitted without the change to the ordinance. Mr. Kelley responded by stating the current ordinance has no maximum limit on motor fuel sales operation. The only change being requested relates to the convenience grocery operation which is typically associated with a Super America store. Eric Kruse, 8761 Highwood Way, asked if the development proposal would include a grade change on County Road 11, as well as turning lanes. He stated that the current conditions are unsafe and difficult in his opinion. City Engineer Keith Gordon stated that no grade change is proposed on County Road 11, but that turn lanes would be constructed. Chair Felkner asked the City Engineer to come back with information regarding the percentage grade on County Road 11 that exists now, and to compare this to the grade of other City streets. Mr. Rademaker readdressed the Commission concerning the change to the motor fuel sales stipulation to allow convenience grocery sales. He asked if such changes had occurred elsewhere in the City, or if this proposal was receiving some kind of special permission. Mr. Kelley stated that until the late 1970's motor fuel sales operations were not permitted to have convenience grocery sales anywhere in the City. At that time, based on Planning Commission Minutes December 1, 1993 Page 7 market conditions, the City revised its ordinance to allow convenience grocery sales to occur in conjunction with motor fuel sales operations. Because this was a Planned Unit Development with very specific regulatory language, the change did not affect it at that time. Ray Connelly readdressed the Commission concerning the size of the commercial development proposed here. He stated that it appears that there is still a misunderstanding among the residents about the size of the commercial development that was initially proposed here in the early 1970's. At that time, it was expected that a major hotel /motel complex, similar to what exists on the Bloomington 494 strip, might be located adjacent to 35E. This type of facility is represented by such things as a major Holiday Inn, Sheraton, or Thunderbird Motel with restaurant and liquor operations, as well as a large motor fuel sales operation. It was never intended to limit the site to a small motel and small service station. Chair Felkner then closed the hearing with the standard remarks. He stated that no action would be taken this evening, but that the item would continue to appear on Planning Commission agendas until a recommendation is made. He again stated that while the public hearing has been closed, he would take additional comments at subsequent meetings, but only if they are new comments. He also asked Staff to include questions and answers raised at the previous public hearing. 5B. Nordic Woods 16th Duplex Subdivision Chair Felkner opened the public hearing with the standard remarks. City Planner Richard Kelley presented the proposal. A vacant duplex lot is proposed to be split down the middle to allow each dwelling unit to be owned separately. A separate sewer and water service would need to be installed to service each dwelling unit rather than using a common service for both units. Chair Felkner opened the public hearing for audience participation. There being no public comment, Chair Felkner closed the hearing. Chair Felkner stated that since this was a very simple proposal and that no comments had been made at the hearing, he would entertain a motion to forward the subdivision request on to the City Council. Member Churchill asked if the use of the property for owner occupied units rather than rental units might improve the situation with vehicle parking on 132nd Street in the vicinity of the property. Mr. Kelley stated that people residing in rental properties are more likely to have roommates, which leads to additional vehicles being parked in the driveway or on the street. Use of this property for owner occupied units will have some marginal improvement on the vehicle parking situation along 132nd Street. MOTION: Member Gowling moved, seconded by Member Blundetto, to approve the subdivision as recommended by Staff. Motion carried 5 - 0. Planning Commission Minutes December 1, 1993 Page S Chair Felkner called for a 10 minute break. Chair Felkner reconvened the meeting. 6. LAND USE /ACTION ITEMS A. Huntington Ridge Garden Homes This item was tabled until a subsequent meeting. B. Centex Fischer Development Planner Kelley presented the item, which entails a comprehensive plan amendment, rezoning, and preliminary plat approval for 150 single family lots located on the north side of 140th Street between Fountain Court and Findlay Avenue. He reviewed the required park dedication for the property, the Park Committee recommendations, and a number of questions and answers resulting from comments received at the public hearing at the previous meeting. He stated that Staff is recommending approval of the project subject to installation of sidewalks on several of the streets in the subdivision to facilitate pedestrian movements between activity generators. Greg Kopischke of Westwood Development, representing the Developer, asked for clarification regarding the sidewalk policy, and why they are being requested to install sidewalks here. Mr. Kelley went through a brief history of the City sidewalk policy which was then augmented by John Gretz. A question arose regarding the drainage problem on the back of lots on 135th Street Court on the north side of this development. Mr. Gordon stated that Street Superintendent Dick Ling had been working with the property owner to try to resolve the problem. He felt that, in conjunction with this project, additional progress could be made in resolving the problem. MOTION: Member Churchill moved, seconded by Member Blundetto, to recommend approval of the Comprehensive Plan Amendment. The motion carried 5 - 0. MOTION: Member Churchill moved, seconded by Member Blundetto, to recommend approval of the rezoning to R -3 and Institutional. The motion carried 5 - 0. MOTION: Member Churchill moved, seconded by Member Blundetto, to recommend approval of the preliminary plat, including sidewalk installation as recommended by Staff. The motion carried 5 - 0. MOTION: Member Churchill moved, seconded by Member Blundetto, to recommend approval of the park dedication as a combination of land and cash as recommended by Staff. The motion carried 5 - 0. Planning Commission Minutes December 1, 1993 Page 9 8. OTHER BUSINESS A. 1994 Development Community Development Director John Gretz reviewed the existing and proposed developments in the community. He displayed a map illustrating the geographic location of projects expected to occur in the neat year. Of specific note are a number of City Improvement Projects regarding road reconstruction. B. Joint Meeting Chair Felkner stated that based on discussions concerning the density of multi- family projects, it would be appropriate for a joint meeting between the Planning Commission and City Council to occur. This meeting is likely to focus on not simply density regarding units per acre, but density regarding percentage of land cover and green space between buildings. It was the consensus of the Commission that a joint meeting on December 16, 1993, following the special City Council Meeting to adopt the 1994 Budget, would be appropriate. Chair Felkner stated that Member Edgeton wished to discuss as an Item 8C, the starting time for Planning Commission meetings. Member Edgeton stated that she had brought this up before, but wished the Commission to consider once again moving the starting time for Planning Commission meetings from 7:30 to 7:00 p.m. She felt that a half hour earlier starting time would not be difficult for members to make, and that hopefully members would be able to return home earlier in the evening. A brief discussion among the Commissioners ensued regarding the starting time. MOTION: Member Edgeton moved, seconded by Member Gowling, to change the starting time for Planning Commission meetings from 7:30 to 7:00 p.m., effective the first meeting in January, 1994. The motion carried 5 - 0. Chair Felkner asked Staff about the status of the Park and Ride expansion at the Christus Victor Lutheran Church. Staff responded, stating that rough grading is now occurring to clear off an area which can be parked on during the winter months once the ground freezes. The area would receive its complete improvements of curb and gutter and paving in the Spring of 1994. Chair Felkner also asked Staff about the status of the Planning Commission vacancy. Staff responded that an advertisement has appeared in the newspaper regarding the vacancy, but that no further action has been taken by the Council at this time. Member Edgeton asked Staff what the status was of the Avsur Addition, which was tabled this evening as Item 6C. Staff responded that a solution regarding the installation of the street and utilities is being worked out with the property owner. Planning Commission Minutes December 1, 1993 Page 10 9. ADJOURNMENT MOTION: Member Edgeton moved, seconded by Member Gowling, to adjourn the meeting. The motion carried 5 - 0. The meeting adjourned at 9:40 p.m.