Loading...
HomeMy WebLinkAbout12/15/1993CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES December 15, 1993 1. CALL TO ORDER The City of Apple Valley Planning Commission Meeting of December 15, 1993, was called to order at 7:35 p.m. by Chairman Alan Felkner in the Council Chambers of the Apple Valley City Hall. 2. APPROVAL OF AGENDA The agenda was approved as written. MOTION: Member Gowling moved, seconded by Member Blundetto. The motion carried 6 - 0. 3. APPROVAL OF MINUTES OF DECEMBER 1, 1993 The minutes of the December 1, 1993, Planning Commission Meeting were approved as written. MOTION: Member Gowling moved, seconded by Member Churchill. The vote was 5 - 0, 1 abstention. 4. CONSENT AGENDA - None - 5. PUBLIC HEARINGS A. Valley Oaks Comprehensive Plan Amendment, Rezoning, Preliminary Plat, Conditional Use Permit & Site Plan Review for 58 Multiple Residential Development on Pennock Avenue near 128th Street West John Voss, Planning Consultant for the City of Apple Valley, presented the Staff report on the Valley Oaks Townhouse Development. Voss explained the access to Pennock and the location of the actual units in relationship to what exists around this site. Voss explained that the property is currently designated as Convenience Commercial, designed to service the surrounding neighborhood area. The site development rezoning request would modify this Convenience Commercial to Multifamily Residential of moderate density, between six and twelve units per acre. The conditional use is to allow modification of materials from the required natural wood plank to aluminum or vinyl. The petitioner also requested a variance from the two car requirement and has proposed a single car garage design. Planning Commission Minutes December 15, 1993 Page 2 North of this development is the Christus Victor Church and a new two acre Park And Ride site that was recently acquired by the regional Minnesota Valley Transit Authority, and being modified to allow additional parking. West of this development is a city park, the Saddle Ridge single family residential development area, and the Eaton's Mobile Home. South of the proposed townhouse complex is Children's World Learning Center. To the east is Cedar Avenue. Voss went on to explain that the orientation of the buildings is such that some of the buildings face Pennock Avenue with drives directly onto Pennock. Voss also explained that in the original request the petitioner was requesting a variance from the number of parking spaces outside of these single car garages. The developer had indicated that they could fit 102 parking spaces on this site; 109 parking spaces are required. Prior to the meeting, however, modifications were made to the plan, eliminating the need for a variance to this section of the code. The project meets the minim setback requirements for a development of this type. An escrow account is being recommended by Staff for a walkway along Pennock Avenue, adjacent to this development. The density for this development is 10 units per acre. The architectural consultant for the City of Apple Valley has reviewed the materials being proposed for this project. The opinion of the architect is that vinyl siding of a good quality, when properly installed, is a suitable alternative to natural wood siding, and the owners and the City could expect many years of service from a vinyl siding. Voss concluded and offered to answer any questions the Commission might have. Marcia Gowling asked if Staff has a problem with the number of drives that take access directly onto Pennock Avenue. Staff responded that Pennock is designed to accommodate the traffic that it experiences currently, and that the additional drives should not be a problem with the development. Staff did state, however, that they would come back to the next meeting with an accurate assessment of the traffic counts in this area of Pennock Avenue. Wally Johnson, 7815 133rd Street West, is the developer for this project, along with Carl Watrud and Art Eaton. Johnson pointed out that earlier development plans illustrated a configuration that included the church parking lot and the Park And Ride, as well as the multifamily development. Johnson felt that the updated illustration that did not show the church gave a more clear, less distracting, opportunity to review the development itself, along with the Park And Ride to the north. Johnson continued by stating that the Saddle Ridge access is more curved than shown on his drawing, and that his development was specifically designed to allow traffic coming Planning Commission Minutes December 15, 1993 Page 3 to and from the Saddle Ridge Development to look at ends of buildings and actually between the buildings in the open space areas, as opposed to looking straight at a mass of buildings on this site. Johnson also stated that entrances onto Pennock could be eliminated with a different building configuration. Johnson made it clear that they are flexible in their layout and would certainly welcome any input as to better working solutions if the Commission or Staff felt those modifications necessary.. Karen Edgeton asked about the two different building elevations contained in the packet. Wally Johnson responded by explaining that one design is for the area west of Pennock Avenue adjacent to the Eaton's Mobile Home. These units are designed to back into the hillside and face Pennock Avenue. Johnson also stated that the second building design is typical for the units between Pennock Avenue and Cedar Avenue. Member Edgeton then asked about the stepped building configuration and requested clarification as to the "stepped" term, whether that meant that the building faces were stepped or the building elevations themselves were stepped. Johnson explained that the building elevations of units were stepped to mimic the contours of the land. The building faces were not stepped. Member Edgeton asked whether a two car garage is required and, if so, why a one car garage has been proposed. Wally Johnson explained that added garage space eliminates open space between the buildings. A general discussion ensued regarding one and two stall garages. Karen Edgeton asked the developer to point out where the additional parking stalls are located. Edgeton also asked about the rental rates for these units. The developer then pointed out the parking spaces and stated that the two bedroom units will rent for $850 per month; the three bedroom units would rent for $950 per month. Len Miller asked the developer to clarify if this was patterned after a project in Des Moines. Wally Johnson responded that the development in Des Moines was not one of his projects, but it was a very successful prototype and one Johnson hoped to emulate on this site. Johnson then stated that there were many locations around Minnesota where the Commissioners could view developments that Johnson has been involved with. Len Miller asked what would the reduced density would be if two car garages are required. The developer stated he would have to recalculate and bring the information back. Planning Commission Minutes December 15, 1993 Page 4 Len Miller asked what the difference in cost between an entire brick project versus a combination of wood and brick, or vinyl and brick. Johnson stated that a full brick project would cost about two times that of a full cedar project for exterior finish. Marcia Gowling asked whether or not the City feels that Commercial Convenience is appropriate on this site. John Voss explained that the Neighborhood Convenience historically has appeared on the map, and in part was due to the land owners desire to develop the land as a commercial entity. Staff pointed out that at one time the City was interested in a rezoning to multiple residential. At that time the land owner felt it was most appropriate to leave a commercial designation on the land. Karen Edgeton asked whether Commercial Convenience would allow daycares and what some of the other uses might be in that district. John Voss referred to Scott Hickok, who stated that daycares, dry cleaners, dairy stores and other Commercial Convenience would be appropriate on this site. Commercial Convenience like this with close proximity to residential would have to be built to neighborhood design standards. The buildings would be more of a residential character. Chairman Felkner then opened the public hearing to the floor and asked the citizens to limit their comments to new information on the proposal. Jim Gasper, 7794 128th Street West, stated that he and his neighbors had discussed the proposal. Gasper felt that all the neighborhoods has purchased their property in the Saddle Ridge Development knowing that a Commercial Convenience Center would be across the street. Gasper felt that all the neighbors were willing to accept that. He did not feel, however, that all the neighbors were ready and willing to accept an absentee owner /rental project in this neighborhood. Gasper concluded by stating that traffic was a significant issue in this development and that the number of units combined with the existing traffic counts would make traffic issues along Pennock very difficult. Gasper also felt that the rental development would have a significant negative impact on the value of their homes. Gasper stated that there are options involving the neighbors that he thought would be a win -win situation for the developer and neighbors alike. Tim Hammond, 7576 128th Street West, stated that 58 units -- probably all owners having two cars -- would create an enormous problem on Pennock Avenue. He stated that currently cars are always backed up along Palomino and at County Road 38. Hammond continued by stating that a death had taken place on Palomino Drive, which he felt was due to traffic conditions in this area. Hammond concluded that the traffic counts for this type of development versus the traffic counts for a neighborhood convenience center would be quite different. Mark Bowell, 7831 128th Street, stated that with Grandview Manor, The Oaks, the addition of Highpoint and other developments in this area, as well as the park and ride, Planning Commission Minutes December 15, 1993 Page 5 traffic is an issue that must be addressed. Bowell stated that the addition of this townhome development would only contribute to the traffic problems in this area. Bruce Frederick, 7823 128th Street West, stated that his home was built with very strict restrictive convenants. Frederick was concerned that this development was being built with no covenants whatsoever. Frederick continued by stating that the developer had indicated at the neighborhood meeting the rental rates would be approximately $1100. Frederick pointed out that this is different than what the developer had indicated in his presentation to the Planning Commission. Frederick concluded that the homes on 128th Street West had a value of 6.5 million dollars, and he felt that a new development should be compatible with their development. Karen Edgeton asked if there had been any consideration for children, and whether or not there would be something like a tot lot for this development. The developer responded that there could be. Bill Ferguson, 7715 128th Street West, stated that he purchased his property with the understanding that the land across Pennock is commercial. He did not feel it was fair to the investors who purchased their land to find out now that it is to be developed as multifamily residential. Rox Braswell expressed concern over the aesthetics of the development. Braswell did not feel the single car garages and vinyl siding, combined with the rental nature of the development, would be compatible with the surrounding area. Rick Ness, 128th Street West, stated that the developer indicated that within five to seven years the property will be sold as owner - occupied units. Ness stated that there is no guarantee that this owner - occupied shift will occur. Ness concluded by stating that he moved into this area six months ago with no idea that a transient neighborhood would be developed nearby. Win Olson, 7768 128th Street West, stated that this property was designated as commercial and would prefer that it remain that way rather than becoming multifamily rental development. Olson continued by stating that rent must be competitive, and rental prices can go down in order to be competitive. With rental prices going down, maintenance can go down and soon this could become a very undesirable property. Phil Flynn, 7581 128th Street West, stated that he felt that the integrity of the development depended on the commercial designation as proposed on the guide plan. Flynn concluded by stating that he would not have spent $350,000 on a house knowing that a multifamily residential rental property would be developed on Pennock Avenue. Phil Schlotfeldt, 7609 128th Street West, stated that he had spent $60,000 for his lot and was willing to pay that because of the quiet neighborhood, knowing and accepting the Planning Commission Minutes December 15, 1993 Page 6 commercial zoning of this parcel. He would not, however, have accepted a multifamily residential had he known that it would be proposed later. He expressed much concern about the noise levels from Cedar Avenue and what that would do to a neighborhood that develops close to that noise level. After discussing this issue with a MnDOT Engineer, Schlotfeldt stated that the levels of approximately 75 -85 decibels are above OSHA's sound concentration levels, and that 80 decibels for an 8 hour period would be an intolerable range for residents to live with. Schlotfeldt stated that MnDOT would generally recommend a method of noise abatement at that point. John Steele, 7641 128th Street West, stated that he felt this development would be a downgrade to the community and that it does not fit with the contours of the land in this area. Linda Rainwater, 7677 128th Street West, stated that she is frustrated with cars that go up and down the street to look at their houses, and felt that something should be done about this problem. Rainwater also stated that Highway 77 is backed up in the morning with the current levels of traffic. She cautioned the Planning Commission to think about the children in this area. Dick Nyguard, 7731 128th Street West, stated that he found it amazing that a developer would propose a building that was not designed to fit the neighborhood. Paula Schlotfeldt, 7609128th Street West, stated that from November of 1992 to 1993 she and her husband had to go through a vigorous review process so that their home would fit the neighborhood. She was comfortable with that and accepted it because she knew that the same caution would be used for all new residents of that development and that the end product would reflect careful thought. Schlotfeldt did not feel that the rental property with rates of $850 -950 per month would be compatible. Schlotfeldt also stated she felt the rents could go down and the development could suffer. Bill Myland, 7840 128th Street West, expressed frustration over the mixed use in this area. He felt that the combination of types of units with no barrier is unacceptable. He continued by stating that on 128th Street West there are 30 to 33 homes, and this rental townhouse development is trading on the equity of those homes. Bruce Devlowish, 7616 128th Street West, stated that he left Eagan and came to Apple Valley because of Eagaes inconsistency in development. He stated that in Eagan they were placing $150,000- 200,000 homes adjacent to $110,000 townhouses which he did not feel was appropriate. Devlowish cautioned the Planning Commission about doing the same in Apple Valley. The Staff stated that Glen VanWormer could do some traffic analysis between now and the January 19th hearing. This information will be helpful when discussing traffic along Pennock Avenue. Planning Commission Minutes December 15, 1993 Page 7 The public hearing was closed with the exception of the portion that discusses the preliminary plat. Chairman Alan Felkner alerted the audience that the January meetings will begin at 7 :00 p.m. as opposed to the 7:30 p.m. start time. Felkner also noted that the Planning Commission and City Council would be meeting on Thursday, the following evening, to discuss multifamily density policies throughout the community. 5B. Academy Place Preliminary Plat and Site Plan Review for 20 Multiple Residential Units on 143rd and 144th Streets at Heywood Avenue Associate Planner Scott Hickok presented information regarding the public hearing request for further subdivision of five existing quadrominium lots in the Academy Village Development. Hickok pointed out the remaining three vacant lots at the southeast corner of Heywood Avenue and 143rd Street West. Hickok also indicated that the two vacant lots on the cul -de -sac end of 144th Street West have also been included in this request. The property as zoned is Planned Development 170, Subzone 1, which allows a low density multiple residential of 6 -9 units per acre. The original plan for this area would allow 4 units per lot. This request is to subdivide the lot into four, with each lot individually owned. Staff did not make a recommendation other than to suggest opening the public hearing and taking comments on the proposal. Jeannine Churchill asked for a clarification of the request. Hickok explained that the preliminary plat would allow 20 lots and the yield of 20 units, the same as in the original development. Churchill then asked if there were any of the older units that have been sold off separately. Hickok explained that there was interest in separating the units in one of the quadrominiums to be sold individually. This would require a further subdivision of land, and though there was interest, the City never received a petition for this subdivision. Churchill concluded by asking for clarification of whether or not these new units would be designed in a manner that would allow future sales, and would the construction eliminate complications of firewalls or dividing walls at the lot line. Hickok responded that they are designed to allow separate ownership. Herb Wensmann, developer for Academy Place lst Addition, stated that the Staff report was complete, but asked for consideration of alternate materials. The requirement is for 50% brick and 50% wood. The developer asked the Commission to consider a permanent low maintenance material such as aluminum or vinyl siding. Chairman Felkner asked Staff to bring back information on the siding requirements for development in this area. There were no members of the audience present to address this issue. Herb Wensmann did ask for consideration by the Planning Commission so that he could begin marketing the units based on the preliminary plat. Planning Commission Minutes December 15, 1993 Page 8 Frank Blundetto asked if this would still give us an opportunity to deal with the materials. Chairman Felkner asked Scott Hickok whether or not a variance to the materials could come back at a later date. Hickok responded that this would be appropriate. Chairman Felkner explained that although it is not the policy of the Planning Commission to act on an item the night of the public hearing, with no members of the public there to speak out for or against the project, it would be considered a non- controversial project and the Commission could act on the item in order to allow the developer to begin promoting the development. MOTION: Member Gowling moved, seconded by Blundetto, to approve the preliminary plat for Academy Place 1st Addition. The motion carried unanimously. 5C. Mistwood Rezoning, Preliminary Plat and Site Plan Review for 216 Multiple Residential Dwelling Units on the west side of Pilot Knob, north of 147th Street Consulting Planner John Voss stated that this development involves 75 acres which is being platted north of future 147th Street. Voss indicated that 147th Street would be extended along an alignment matching 147th Street, intersecting at Pilot Knob and continuing in a westerly direction toward Johnny Cake Ridge Road. This 75 acre development would include 216 multiple residential units. Voss explained that the proposal before the Commission is for a preliminary plat, site plan review, and building permit authorization. The development design included 2 styles of dwelling units. The plat would allow 90 lots for 216 units at a density of 8 units per acre. The development also included 610 parking spaces. Utilities for the development would be available at Europa, north of the undeveloped property. Access would be through a series of private drives and either 147th Street, which will serve as a collector from the south to allow access from Pilot Knob at the east end of 147th, or Johnny Cake Ridge Road at the west end. Voss continued by stating that the 8 -plex development lacked a common green area which would allow a tot lot or other amenity for families with children. This tot lot or open green area should be considered as part of the development for this number of units. Voss also stated that the private drive included nearly 3,000 feet of private roadway. This could pose potential problems for future maintenance. The maintenance load created by 3,000 feet of private roadway may be a future headache for the associations in this area. Voss stated that a cash payment would be required for a walkway along County Road 31. The Dakota County Plat Commission would be required to review this plat because of its proximity to a county road. Keith Gordon commented on the pond at the northwest comer of County Road 42 and Pilot Knob Road. Planning Commission Minutes December 15, 1993 Page 9 David Phillips, pastor of the church at 144th Street West and Pilot Knob Road, stated that he likes having the children utilize the church grounds as a playground and feels that this is an appropriate use for the open space that surrounds their church. Jeannine Churchill stated that she had concerns regarding access of fire and emergency vehicles because of the street design and number of dead ends. John Voss explained how that street system would work. Churchill stated that we have had difficulties in the past with garbage collection in multifamily developments. Gary Grant, representing Pulte Homes, a division of Mary Anderson, stated that their company is the second largest home builder in the nation, and that it is the desire of the developer to develop this area for club homes which are popular with the empty nester market and also a two story product line for families. The approximate price range for the units is $85- 97,000 base. The units actually sell more in the range of $115 - 120,000 with options. Grant indicated that 48% of their home buyers in the club homes are 65 years of age or older, 10% fall within the 55 -59 year old range, 18% from 40-54 years, and the remainder in other age groups. The average income for the club home buyers is $40,000. The two story units range in price from $65- 75,000. These units are owned by younger individuals, working professionals and young families. Thirteen percent are 20 -24 years old, 31% are 25 -29 years old, 12% are 30 -34 years old, 25% are 35 -39, and the remainder are 40 years of age or older. Mary Anderson has indicated that historically their developments yield one child for every six homes. Grant continued by stating that they have court home communities in Coon Rapids, Burnsville, and Eagan. The landscaped area, according to the developer, is watered by an automatic irrigation system. The suggestion of the tot lot is one that the developer will work with Staff on. On the issue of private streets, Grant commented that they have not had a development where private streets has become an issue. FHA requirements are stringent enough that road maintenance becomes a very essential part of the ongoing upkeep and maintenance of a development such as this. The developer continued by stating that their monthly dues are $85.00, and that two months' dues are required up front when a new owner moves in. This is done to keep the general fund healthy. The developer has indicated that it is difficult to make a development of this type work at lower than 8 units per acre. Grant stated that he will work with the Forester on the landscape plan, sprinkler and sod. He did, however, state that the total landscape package, including sod and sprinkling Planning Commission Minutes December 15, 1"3 Page 10 system along with the plant material, equals $367,000. He had asked for relief from the landscape planting requirements of 2 -1/2% because of the extensive sod and sprinkling system in the development. Chairman Felkner agreed with the pedestrian walkway and sidewalk. Fenner thought it was essential because of the number of children going to the athletic complex, etc. Felkner also stated that the Staff and Planning Commission had been very critical of the landscape formula for multifamily developments to assure that appropriate landscaping happens with each of the developments. Felkner concluded by stating that a modification to the 2 -1/2% would require a variance from that landscape requirement. Chairman Felkner then asked John Voss about the city street /private street issue. Voss explained that seal coating and street repairs in some associations go beyond the limits of funds available through the monthly dues. Voss concluded by stating that if the City is not comfortable that the association can maintain those streets, it should require a mix of public versus private streets. Karen Edgeton asked if the zoning allows for vinyl in this development. Rick Kelley responded that it does. Alan Felkner commented on the compatibility of material with the surrounding developments. Edgeton asked if a signal at Pilot Knob and 147th is in the plans. Rick stated that this is one -half mile from the intersection of County Road 42, and it is quite likely that some day a signalized intersection will occur at this point. However, 144th Street will be monitored, but since it is not on a 1/4 mile spacing, it may never receive a signal. Wilt Anderson, 5441 134th Street West, on the board of Lebanon Cemetery, stated that he hoped additional condos and townhomes would show more creativity. Anderson then asked for an explanation of what outlots are. John Voss explained that an outlot is for future development, or oftentimes things like holding ponds are laid out on plat in the form of an oudot. Joan Oswald, 5650 West 144th Street, jokingly stated that she lives in one of the $110,000 homes that earlier residents stated that they did not want to back up to. She, however, backs up to the Williams Pipeline and understood that a berm was going to be created over that pipeline. She was concerned that it has never happened. Oswald also stated that she was very concerned about the children in the neighborhood and the fact that this development would cause increased traffic. Oswald asked for a clarification of the number of parking spaces. Voss stated there would be 610 parking spaces and approximately 260 people. Oswald felt these people may decide to use their street and make it very difficult for their children to play because of increased traffic. She continued by stating that if residents of this new development find they cannot get on to Pilot Knob, Europa will become a very popular second choice. Planning Commission Minutes December 15, 1993 Page 11 A general discussion regarding fire trucks in the development and the Williams Pipeline ensued. Kurt Oswald, 5650 West 144th Street, stated that he is not opposed to the development, but is opposed to the connection at Europa. Loren Heggemeyer, 14445 Europa, asked if the road is going to continue out to Johnny Cake Ridge Road. Voss stated that it would. Loren then asked if the berm along the pipeline couldn't be constructed, and stated that according to the developer's plans at the neighborhood meeting, he noticed that there were very few trees between the new development and the existing Scottsbriar Addition. Heggemeyer felt that additional trees in this area would be very helpful. Heggemeyer concluded by stating that he felt the traffic on Europa would be a negative aspect of this development and that Europa should end in a cul -de -sac from the north so that traffic would not enter their existing development at this point. Marcia Gowling asked if the City can do things like direct traffic through the use of traffic control signs. Rick Kelley responded that signs must be state approved and that utilizing signs to direct traffic is not the most effective solution. Alan Felkner asked about the berming along the southern end of the Scottsbriar Development between this new development and the existing development to the north. Rick Kelley responded that there are berms in this area, although it is not bermed behind the houses. However, the landscape plan for this development is still being considered. John Gretz stated that Glen Van Wormer can take a look at the traffic issues in this development. Van Wormer may have suggestions how to make traffic work more effectively. Alan Felkner asked if this information could be available for the meeting on January 19. Gretz responded that this was adequate time to gather the information. Karen Edgeton asked whether the developer or the City has looked at closing Europa as the resident had suggested. James Gelbach, 14387 Euclid Avenue, stated that he felt that traffic to the proposed Pilot Knob access point would also cause an increase to 144th at Pilot Knob. He stated that he currently crosses Pilot Knob to pick up a co- worker and is very concerned about the amount of traffic and the ability to get on, or to cross, Pilot Knob at that point. Gelbach stated that sidewalks going north would be very helpful. He has four children and is concerned about those children walking to school with the added traffic from this development. Rick Oswald asked how soon we could expect to have 144th completed between Pilot Knob and Johnny Cake Ridge Road. John Voss responded that the project will be completed this summer. Planning Commission Minutes December 15, 1993 Page 12 Brenton Soley of Apple Valley asked if the City could do a study to determine whether or not we have reached the point of saturation for multifamily homes in this area. Soley felt that before a decision is made on this development, we should know whether or not we actually need multifamily of over 6 units per acre. A general discussion ensued. Chairman Felkner closed the public hearing. 5D. Rezoning for Business Park Land Use at the northwest corner of County Road 42 and Pilot Knob Road Rick Kelley explained that the City is the petitioner in this case, requesting a rezoning of the parcel on the northwest corner of Pilot Knob Road and County Road 42. Kelley explained that the current comprehensive plan designation for this agricultural acreage is a dual designation of moderate, density residential allowing 6 -12 units per acre and business park which would allow "very limited industrial" uses. The site is bound on the north by a slight curvilinear street to be constructed during the upcoming construction season. The request is to rezone from agricultural to business park. Currently a storm water retention pond is being constructed at or very near the corner of County Road 42 and Pilot Knob. The area to be rezoned encompasses the pond and a development site for future industrial. Rick explained that the future use would include a central office area, as well as an area for fabrication and warehouse storage. Kelley also explained that this development is greater than 5 acres, so does not require a plat showing the division of land. Jeannine Churchill asked about the corner section of property. Rick Kelley explained that it is a piece that belongs to School District #196. At one time a single room school house existed on that site, and was later used as the City Hall for Apple Valley. Frank Blundetto asked why the City is the applicant in this case. Mike Dougherty explained that rezoning is not necessarily the business owner's responsibility. Many times if the City feels it is an appropriate measure, it will request that a piece of land be rezoned to accommodate a use. Karen Edgeton asked what the property that exists to the west of this site is currently being used for. Rick explained that it is a farmstead currently used as a landscape business. Wilton Anderson stated that he is probably the site's closest neighbor, being on the board of the Lebanon Cemetery. Anderson feels it is highly unusual that the City is putting itself in the position of requesting a rezoning for business. Rick stated that through its economic development efforts the City is interested in retaining an existing business desiring to find a location in this part of the metro area. Planning Commission Minutes December 15, 1993 Page 13 Don Melby of County Road 42 was concerned that the site would not drain properly, affecting his adjacent farmstead. Keith Gordon responded that it will be draining in a manner that will not affect his property. Ray Donajkowski, 14769 Endicott Way, recalled that this area was set aside for very light industrial manufacturing and assembly with no outdoor storage, noise, dust or odors, and asked for clarification as to whether or not this was still the case. Rick explained that the business that plans to locate on this site is a very quiet business whose operations are entirely within the building. It would include office, some light fabrication, and warehousing. Ray Connelly of Burnsville urged the City to work with the County not to close the full access interchange at Pilot Knob onto the new roadway to service this building. Connelly felt that truck turning movements depend entirely on having that full access at the intersection of Pilot Knob and the new road. The hearing was closed. 6. LAND USE /ACTION ITEMS A. Hunters Wood Planned Development Revisions at the Northeast and Southeast Corners of Palomino Drive and CR #11 Rick Kelley explained that this item is consideration of revisions to the comprehensive plan and Hunters Wood Planned Development, located at the northeast and southeast corners of Palomino Drive and CR #11. The revisions to the planned unit development zoning include: the removal of a "hotel first' conditional use restriction for motor fuel sales, and the addition as either permitted or conditional use limited retail convenience grocery stores and car washes. The area of the planned unit development zoning is also proposed to be expanded to include the property on the southeast comer of Palomino Drive and CR #11. Kelley continued by explaining that these revisions were reviewed during 1992 as part of the development request to subdivide land and construct a SuperAmerica Motor Fuel Sales and Convenience Grocery at CR #11. Many issues were raised at that time. During the hearing process items such as traffic problems at the intersection of Palomino Drive and CR #11 were discussed and were believed to require further discussion. The realignment of CR #11 to line up with 137th Street in Burnsville is a proposed solution to earlier concerns. Ray Connelly of Apple Valley Development Partnership has since also acquired control of the property south of Palomino Drive. He is requesting a soft "S" alignment for Palomino Drive which reconfigures the boundaries of the planned unit development, making this request necessary. Planning Commission Minutes December 15, 1993 Page 14 Rick concluded by stating that Staff recommends approval of the realignment of Palomino Drive as requested. Staff also recommends approval of the amendment to the comprehensive land use guide plan on the southeast corner of Palomino Drive and County Road 11, from "VB" to "VB /MD ". Staff also recommends approval of the revised land uses in Planned Development 144, Subzone 5, by adding convenience grocery dairy store not exceeding 3,000 square feet and over the counter retail sales /service as permitted uses, removing the "hotel first" stipulation from the motor fuel sales and adding car washes in conjunction with motor fuel sales as a conditional use. Staff recommends rezoning the southeast comer of Palomino Drive and CR# 11 as PD# 144, subzone 5. Chairman Felkner asked if any members of the audience wished to speak to this issue, or whether the developer had additional comments to make about the Staff presentation. The petitioner did not have any additional comments. MOTION: Karen Edgeton moved, seconded by Jeannine Churchill, to approve the realignment of Palomino Drive as requested. The motion carried 6 0. MOTION: Karen Edgeton moved, seconded by Jeannine Churchill, to approve the amendment to the comprehensive plan on the southeast corner of Palomino Drive and CR #11 from "VB" to "VB /MD ". The motion carried 6 - 0. MOTION: Karen Edgeton moved, seconded by Jeannine Churchill, to approve the revised land uses in PD #144, subzone 5, by adding convenience grocery dairy, not to exceed 3,000 square feet, and over the counter retail sales /service as permitted uses; removing the "hotel first" stipulation from the motor fuel sales as a conditional use; and adding car washes in conjunction with the motor fuel sales as a conditional use. The motion carried 6 - 0. Marcia Gowling asked for clarification regarding the car wash grocery element of the request. Rick Kelley explained. MOTION: Karen Edgeton moved, seconded by Jeannine Churchill, to approve the rezoning at the southeast comer of Palomino Drive and CR #11 as PD #144, subzone 5. The motion carried 6 - 0. 7. DISCUSSION ITEMS - None - 8. OTHER BUSINESS A. Resolution Finding Park Land Acquisition in Compliance with Capital Improvements Program Planning Commission Minutes December 15, 1993 Page 15 There was a brief discussion and review of the resolution. MOTION. Marcia Gowling moved, seconded by Frank Blundetto, to approve the resolution finding park land acquisition in compliance with the Capital Improvements Program. The motion carried 6 - 0. B. Planning Commission Vacancy The Commission urged John to once again bring this issue before the City Council to let them know that the Commission anxiously awaits the appointment of the new Planning Commission Member. 9. ADJOURNMENT The meeting adjourned at 10:37 p.m.