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HomeMy WebLinkAbout09/02/1992PLANNING COMMISSION MINUTES September 2, 1992 1. CALL TO ORDER Chairman Alan Felkner called the September 2, 1992 meeting of the City of Apple Valley Planning Commission to order at 7:35 pm. Members Present: Chairman Alan Felkner, Frank Blundetto, Marcia Gowling, Karen Edgeton and Eugene Kitzman. Members Absent: Tim Noms and J ere Churchill. Staff Present: Richard Kelley, Scott Hickok, Zane Bad, Lon Anne, and Dennis Welsch Others Present: See the sign -in sheet. 2. APPROVAL OF THE AGENDA The agenda was approved as written. 3. APPROVAL OF THE MINUTES OF THE AUGUST 19, 1992 MEETING The minutes of the August 19, 1992 meeting were approved 4 - 0 with Member Kitzman abstai 4. CONSENT AGENDA - None - S. PUBLIC HEARINGS A. Park Hill - Comprehensive Plan Change from "LD" to "SF', Rezoning from "M-60 to 'R -3" and Preliminary Plat for 8 Lots, and Preliminary Plat for 8 Lots. LOCATION: Northeast Comer for Pilot Knob Road & Elkwood Drive PETITIONER: Houston Engineering (PC92-066-PZS) STAFF REPORT: Meg McMonigal dated September 2, 1992 Chairman Alan Fellmer opened the public hearing and requested the Staff to present a background report. City Planner Richard Kelley provided a background report in which he illustrated that the current land use for the Houston Comprehensive Plan amendment, rezoning and preliminary plat was multi family "M-60 and was also located within a state shoreland zone. The Comprehensive Plan indicates that this area should be utilized for low density development. The proposal would change the low density Comprehensive Plan development designation to single- family development designation on the Comprehensive Plan and would change the zoning from multi family to a designation of "R -3" single- family. Planning Commission Minutes September 2, 1942 Page 2 Kelley noted that the preliminary plat would include 8 lots which must meet or exceed both the City's "R -3" zone and the state shorehuul standards which require a minimum 15,000 square foot lot. Lot 1 must be redesigned to meet this square footage requirement. It currently contains approximately 13,500 square feet. The utilities are on the site and two stubs are available along the right-of-way to serve the site. Kelley noted that the City policy was to create a mix of housing throughout the community but in recent years the City has found that in order to provide a townhouse site, there must be a large enough area to accomm odate at least 40 units. Anything smaller than a 40 -unit site cannot support the homeowner's association necessary to maintain the site. Chairman Fellmer asked for clarification regarding the shoreland's zoning and the requirement for 15,000 square foot lots. City Planner Kelley responded that the 15,000 square foot lots are a requirement of the Minnesota Department of Natural Resources Rules and Regulations to protect shorelands He noted that 15,000 square foot lots are larger than most lots in the area. Member Edgeton asked if there were other lots undeveloped in the area Kelley responded there are very few lots that remain to be developed, however, a number of lots are large enough to be subdivided into two lots. Mr. Tim Resop of Gonyea Realty who represented the landowner, George Houston, stated that his client believed the neighbors would prefer to have a single -family development instead of a townhouse development He noted that the landowner, Houston, will adjust the lot lines to meet the City and State codes. Derek Theireen asked if there would be access from Dominica Way into the east side of Farquar Park. City Planner Kelley responded that the park configuration will not change. Mdse Mesarcbik, 13545 Elkwood Drive, asked if the playground equipment would be moved Kelley responded that the playground equipment must be moved since it is currently in or on the property line between the development and the City park Myron Partington, 13415 Elkwood Drive, asked if the City would acquire the site for parkland. City Planner Kelley responded that the original Farquar Park was the dedication required for this site, no further land is required to be dedicated with this development Bev Wolf, 2901 Dominica Way West, asked if there would be other areas in which the play apparatus would be moved Staff responded that the play apparatus would be moved by the City Park Department Bob Wilcox asked how many acres were in the park today. Kelley responded there ae approximately 18 acres in the park. Tammy Wazarous stated that she may purchase Lot 8 of the proposed subdivision and wanted further clarification on playground apparatus and park layout. Kelley responded that she should contact Randy Johnson of the City Park Department. Ron Wolf, 4901 Dominica Way, asked whose responsibility it is to fence the hill behind the proposed platted lots to protect children from falling in backyards. Kelley responded that the City does not provide security fencing along park boundaries However, in rare situations it does provide a decorative fence to delineate the park boundary. Ron Wolf asked for clarification regarding the slope from the park i — the ho using area and clarification whether the City would protect the slope from being eroded. Lon Anne, City Project Engineer, described the Planning Commission Minutes September 2, 1942 Page 3 inspection and review process that is completed on a lot- by-lot basis. City Planner Kelley described the development contract that is agreed to by the City and the developer prior to construction or improvements on the site Cacti Gersch, 13628 Elkwood Drive, asked what the park will look like after the developer has completed the development and where would the park boundaries be located. Member Blundetto clarified that the City currently does not own nor intend to purchase the property presently being proposed for the 8 lot subdivision. The Staff will be asked to stake the boundaries of the park property within the next week. Dorothy Larch, 13405 F_Ikwood Drive, asked for clarification regarding who will use the park after this development has occurred Mike Dann, Elkwood Drive, asked for clarification regarding why park benches and moon grass have been installed along the south side of the play apparatus if it does not belong to the City . Jim Andrewski, Elkwood Drive, noted that the Park Department has been taking care of the land, but simply does not own it New trees have been planted along the property boundary, the perception is that the park extends further into this development site. He would like the City to purchase the entire site for addition to the park. Member Gowling reiterated that the current proposal would allow for 8 single-family homes, however the existing zoning on the site would allow for many townhouse units. The proposal would reduce the density of development from what is currently allowed. Chairman Felkner states that the Park and Recreation Department would have to recommend purchase of this site in addition to the park and he encouraged the citizens to contact Randy Johnson and the City Park and Recreation Committee to discuss this matter. A member of the audience asked for clarification regarding the right- of-way expansion that would be necessary in order for Plot Knob Road to be constructed to a four -lane width. Kelley responded that ultimately Pilot Knob will be expanded to four -lanes but $ is not scheduled within the next five year plan and it would not effect the boundary Of Lot 1. Steve Tanner, 13535 Elkwood Drive, stated that the reason the property has not developed is because most people have felt this parcel was a part of Farquar Lake Park Les Halgorsen, Elkwood Drive, stated that he preferred to see single- family homes on the site to townhouse units. Mike Day, 13495 Elkwood Drive, asked if tlure were any requirements by the City regarding the size or type of house to be placed on the site. Chairman Felkner responded that the City cannot specify size or value of homes. Day requested further information regarding private covenance by the developer. Jim Resop, representing the developer, stated that the homes would be at least $125,000 and range up to $165,000 in value. Chairman Fellmer asked if the Staff would place flags or stakes at the corners of the parcel so that neighbors could understand where the property lines are located In addition, Chairman Felkner asked the Staff to have the Park Department show wtere the equipment would be moved within Farquar Park. Planning Commission NImmes September 2, 1992 Page 4 A member of the audience asked for clarification regarding the rezoning as it relates to the value of existing homes in the area Staff responded there was no anticipated change in the value of homes in the area. There was no further public comment. Chairman Alan Felkner closed the public hearing. $ Fischer First Addition - Zoning Change from "SG" (Sand and Gravel Mining) to "R -3" (Single - Family) LOCATION. North Side of 140th Street West 1/4 Mile East of Galaxie Avenue PETITIONER Mathias Fischer (PC'92-069 -Z) STAFF REPORT% Richard Kelley, dated September 2, 1992 Chairman Alan Felkner opened the public hearing and asked City Planner Richard Kelley to provide a background report Kelley s ummarized the project as a rezoning which is a requirement of the plat approval for Fischer First Addition. The rezoning would be from sand and gravel to detached single - family designation of "R -3" for a 3-1/2 acre parcel located on the north side of 140th Street West, about 1/4 mile east of Galaxie Avenue. The area to be rezoned lies within an area designated on the Comprehensive Plan for low- density, multiple residential uses rather than detached single- family uses. The City expects an overall development plan for the adjacent property to be submitted this Fall, thereby shifting the boundaries of the Comprehensive Guide Plan. Rather than amend the plan now for this small parcel, the Staff recommends waiting to amend the Comprehensive Plan until the overall development plan has been submitted However, the Staff recommends approval of the rezoning from Sand and Gravel to "R -3" for the 3-1/2 acre site. There was no comment from the public. Chairman Alan Felkner closed the public hearing. MOTION: Member Blundetto moved, seconded by Member Gowling, to recommend approval of a rezoning from "SG" to 'R -3" for a 3-1/2 acre parcel described as a portion of Fischer First Addition The motion was approved 5 -0. 6. LAND USE /ACTION ITEMS A. Sign Variance for Norwest Bank Directional Signs LOCATION- 14325 Cedar Avenue PETITIONER Norwest Banks (P(,92- 075 -V) STAFF REPORT: Scott Hickok, dated September 2, 1992 Associate Planner Scott Hickok provided a review of the sign variance request by Norwest Bank in which Norwest request she directional signs of four square feet each, wherein the City ordinance allows for signs of two square feet each He noted that Norwest is requesting two stop signs within the City right- of-way and directional signage for the outdoor cash machine. In addition, all signs are larger than allowed by the City Code. He illustrated the location of the signs on a site plan and noted that the stop signs are not standard stop signs which would normally be placed in the City right- of-way without a permit. The staff recommended denial of the request. Member Edgeton asked for clarification regarding the size, location, and ligl' -ling of the signs, Hickok responded, the signs could be lit. Planning Commission Minutes September 2, 1992 Page 5 Member Gowling asked if there was a problem with the regulation regarding stop signs. Staff responded that the Police Department supports using uniform traffic signs when on public right- of-way. No one from the bank appeared to discuss the issue. MOTION: Member Gowling moved, seconded by Member Blundetto, to recommend denial of the sign variance request. The motion carried four in favor and one abstention (Edgeton). B. Rearyard Setback Variance for House Addition LOCATION: 15785 Pilot Knob Road PET1TiONER. Leonard Allen (Pt 9- -V) STAFF REPORT: Richard Kelley, dated September 2, 1992 City Planner Richard Kelley explained the Leonard Allen variance request located at 15785 Pilot Knob Road. The request would allow an expansion of the Allen home to be located within 23 feet of the rear lot line, the ordinance requires a 50 foot setback from the rear lot line. The existing house has a 35 foot setback from the rear lot line. The Staff recommended denial of the request because there were no special conditions applying to the structures or land in question and no hardship could be determined Member Blundetto noted that the garage addition to the building is larger than the proposed addition and would not allow for the small size of the addition within the garage. Mr. Leonard Allen stated that the hardship is County Road 9 which has been re- routed to an intersection directly in front of his house. The traffic from Highway 9 and from Pilot Knob Road now pass directly in front of his house creating a wall of noise. He noted that the house was built in 1973 and he has lived on the site for 19 years. The County has five acres of trees behind this house which makes the west side of the house a very quiet area. He is asking to expand the house on this quiet side of the house, in other words the west side. Member Gowling asked for clarification regarding the zoning and long term uses of the site and the rearyard. She also asked for clarification regarding the addition placed on the house adjacent to the Allen structure. Staff responded this was 10 - 12 years ago. Member Edgeton asked for clarification regarding zoning and use of land within agricultural districts. Mrs Leonard Allen stated that there is a need for space on the rear of the house, that it is quiet and close to the wooded area on the County site. Barry Childs, son - in-law of Mr. Allen, stated that the family would like a quite gathering area for meals. There would be no effect on the adjacent neighbors. They have looked at all the options and placing the room behind the house reduces the amount of noise created by the highways on the east side of the house. MOTION: Member Edgeton moved, seconded by Member Blundetto, to recommend approval of the setback variance to allow the Allen house expansion to be located within 23 feet of the rear lot line because of the increased noise level created by County Road 9 and the need for additional space at the rear of the house. The motion caned 5 -0. C. Zoning Ordinance Amendment to Allow Oversize Accessory Buildings in "R -1" Zones LOCATION: City of Apple Valley PETITIONER: City of Apple Valley (PC92- 074-B) STAFF REPORT: Dennis Welsch, dated August 27, 1992 Planning Commission Minutes September 2, 1992 Page 6 Community Development Director Dennis Welsch presented a background report in which he noted that the City Council had asked the Planning Commission for further input regarding an amendment to the zoning code relating to the size of accessory buildings in "R -1" zones. Specifically, the Council asked for clarification regarding the purpose and number of such requests annually. They also asked for the significance of the 1600 square feet and any control measures that the Planning Commission may wish to recommend. A general discussion ensued, after which Chairman Felkner summarized the consensus of the Commissioners: The Commission feels that a 1200 square foot accessory building size is adequate and that no public hearing should be required to construct such a building. He noted that no more than 100 possible sites are available within the community and of those 100 sites, 5% would request such a building. The Commission also agreed that if an ordinance amendment is written, the ordinance should stipulate that the building must meet all building codes regarding building materials, foundations, and structural integrity . 7. DISCUSSION ITEMS A. Police Facility Building Discussion Community Development Director Dennis Welsch presented background information regarding the police facility and the setback criteria to be utilized in placing the building within 20 - 25 feet of the sidewalk along 147th Street A general discussion ensued regarding the purpose of the setback and the City downtown design guidelines. The Planning Commission will review this case in its entirety on September 16 at a public hearing. No action was taken. B. Code Administration Process Associate Planner Scott fickok provided background information regarding the City's summer code administration program noted that the summer program is now complete, and that nearly 550 violations had been noted over the past year, of which less than 10%a will eventually receive a citation. A general discussion ensued regarding the administration of the codes. No action was taken S. OTHER BUSINESS - None - 9. ADJOURNMENT The meeting adjourned at 9:40 p.m.