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HomeMy WebLinkAbout05/15/1991PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY May 15, 1991 1. CALL TO ORDER The May 15, 1991 meeting of the Apple Valley Planning Commission was called to order at 7:33 p.m. by Chairman Alan Felkner. Members Present: Chairman Felkner, Members Marcia Gowling, Eugene Kitzman, Jeannine Churchill, James Norris. Members Absent: Joe Nordlund and Karen Edgeton. Staff Present: Lon Aune, Rick Kelley, Meg McMonigal, Cheile Benson and Dennis Welsch. Others Present: See the sign -in sheet. Chairman Felkner introduced new Planning Commission Member Jim Norris. The Planning Commission welcomed Member Norris. 2. APPROVAL OF THE AGENDA The Agenda was approved as submitted. 3. APPROVAL OF THE MINUTES OF MAY 1, 1991 A motion was made by Member Gowling, seconded by Member Kitzman to approve the minutes of May 1, 1991 with the following corrections: Page 5, Item D, Paragraph 2, the motion passed 5 - 0 instead of 6 - 0. Page 6, Paragraph 2, the motion carried 5 - 0 instead of 6 - 0. Page 1, Item 3 should read, "The motion carried 4 - 0 with one abstention (Kitzman)." Page 6, Item 6A, Paragraph 1, third sentence should read "The Staff recommends that auto services should be located on the periphery of the downtown area." The motion to approve the amended minutes carried 4 - 0 with one abstention (Norris). 4. AIRPORT TOWN MEETING Chairman Alan Felkner introduced the subject of airport expansions and the impact on Apple Valley. He recommended that the Planning Commission should 1 prepare a recommendation to be sent to the City Council in early June regarding the potential South Dakota airport expansion proposals. Nancy Cook, 14881 Lower Endicott Way, stated that the current use at MInneapolis/St. Paul airport should be maintained. The investment at the current site is huge and could not be moved to a new site without extreme public cost. She stated that she moved to Apple Valley because she did not want to be near the Airport. She recommended that the Metropolitan Airport Commission be authorized to purchase existing housing which may be in the noise patterns of an expanded existing airport. She felt this would be less expensive than constructing an entirely new airport and all of the support services necessary for that airport. Member Churchill and Gowling agreed that the Planning Commission should favor the existing location and not move either North or South. Member Kitzman expressed concern with the amount of citizen interest in the Airport Siting Issue. He stated he would vote against moving the airport to the Isanti location but was concerned over addressing the impacts in Apple Valley without further citizen input. Member Norris explained the three alternative expansion modes at Minneapolis /St. Paul existing airport. He noted there is still room for expansion at the airport but that by the year 2015, the airport will be saturated and the Metropolitan area will again have to consider the issue of a new or expanded airport. He recommended that the Metropolitan Airport Commission should continue with the study of the three expansion modes at the existing airport and at the same time complete an analysis of other alternative sites for the year 2015 and beyond. Chairman Felkner noted that citizen input has been very limited and will continue to be until the bulldozers are actually on the site for construction. He noted that the existing airport has not increased the number of flights because the technology has improved for take -off and landings and because the consolidation of the airline industry has reduced the total number of flights. In addition, the 494 strip would suffer immeasurably if an airport moved away from this site.. He also explained that the south Dakota County location would have problems and impacts in Apple Valley with services, transportation, police needs, new roads, residential growth, and natural resource impacts. Felkner noted that the City of Lakeville has adopted a resolution which focuses on retaining the airport at the current location. Felkner also emphasized the need to reduce the amount of time needed for analysis (currently five years) because it requires that the site selection process put a substantial amount of land into a no -build holding pattern for the term of the analysis. Ed Brunkhorst, 5377 Upper 157th Street West, stated that in Minnesota there are actually four population centers including Rochester, the Metro Area, St. Cloud and Duluth. He expressed concern that a south Dakota County airport would endanger the Rochester Airport as well as the local south Dakota County environment. He recommended that it would be better to spend public funds to expand the Rochester, Duluth, St. Cloud, and Metro Airports at the same time. Member Norris reminded the Commission Members that the current State Law requires that the Metropolitan Airport must be equal distance between Minneapolis and St. Paul. Member Churchill stated that the Lakeville resolution as described Member Felkner is close to what the Planning Commission discussion has been, noting that no one has spoken in favor of the south Dakota airport. Chairman Felkner summarized former FAA Coordinator Bob Collette's comments regarding the traffic demand on the existing airport. Felkner noted that he would prefer to adopt a resolution similar to that of the City of Lakeville. Member Churchill moved, seconded by Member Gowling to direct the Planning Staff to prepare a resolution in the style and content similar to the City of Lakeville's Airport Resolution. The motion carried 5 - 0. The resolution would be sent to the City Council for the June 5, 1991 meeting. PUBLIC HEARINGS There were no public hearings. 6. LAND /USE ACTION ITEMS A. Apple Ponds 3rd Addition - Consideration of Subdivision Approval of a Preliminary Plat Containing 108 Detached Single- Family Lots in a Small Lot Configuration LOCATION: Northeast Corner of County Road #46 and Garrett Path PETITIONER: Winkler Development (PC91- 014 -SF) STAFF REPORT: May 15, 1991 by Chelle Benson Planning Intern Chelle Benson provided a brief description of the Apple Ponds 3rd Addition Preliminary Plat Approval Request. This request contains 108 Detached Single - Family Lots within planned unit development #400, subzone 1. She noted that the preliminary plat has changed since its original configuration in 1989. The street system has been reoriented to provide more north -south cul -de- sacs. The park has been reoriented and slightly reduced in size. Ms. Benson reported that the City Staff review found all of the changes proposed to be acceptable. The Staff recommended approval of the preliminary plat with the addition of a (5) foot sidewalk from Galaxie Avenue to the City park lands and with the condition that the petitioner be allowed to change the variety of landscaping along the street and buffer areas. Bart Winkler, representing Winkler Development Incorporated, stated that he can accept the City's standards prepared by the City Staff. He noted that he will work with Lon Aune, the City Project Engineer to refine the grading. MOTION: Member Gowling moved, seconded by Member Churchill to recommend approval of the preliminary plat of Apple Ponds 3rd Addition with the addition of sidewalk from Galaxie Avenue to the new park system and changes in the landscaping as recommended by the City Staff. The motion carried 5 - 0. B. Southport Centre Planned Development - Consideration of Amendment to Planned Development Zoning to Allow Drive - Thrus in Multi- Tenant Buildings LOCATION: Southeast Corner of Cedar Avenue and County Road #42 PETITIONER: Ryan Construction, Inc. (PC91- 015 -Z) STAFF REPORT: May 15, 1991 by Rick Kelley City Planner Rick Kelley provided a background report explaining the planned unit development and the requirements for multi- tenant buildings. He noted that the Planning Commission and the City Council have both approved the site plans for the Block Buster Video and a Class II Restaurant on the site proposed by Ryan Construction. If the sit down restaurant is approved in the place of a fast food restaurant, no drive -thru would be required. If no drive - thru were required on the site, additional paving around the west and south sides of the building could be eliminated. Kelley explained that Ryan Construction has requested a amendment to the planned development to explicitly allow for a drive -thru window operation on a Class II restaurant situated within a multi- tenant building. Kelley noted that the Staff recommended that drive- thru's on multi- tenant buildings are not compatible with the traffic and entry patterns into the various other stores in the centre. The Staff recommended denial of the amendment to the planned unit development. Kelley also noted that in this specific proposal the amount of turning radius available for vehicles exiting the drive -thru window onto the interior road system of Southport Plaza is less than desirable. Bill McHale, representing Ryan Construction, provided background on the need for a drive -thru window for a Wendy's Restaurant which potentially can be located within the 4000 s.f. east end of the multi- tenant building. McHale provided background on the approval process of the original building and other buildings such as Walgreen's, TCF, and McDonald's drive -thru facilities all within the downtown. He noted that Blockbuster Video will take all deliveries after initial set -up through the front door system. His other tenant, Wendy's, has no problem with a circular drive around the multi- tenant building. McHale said that the aesthetics are internal to the site and that the building is owned by Ryan Construction. He noted that the users, clients and consultants are convinced that there will be no problem with a drive -thru on this multi- tenant building. Member Norris asked what was the peak potential stacking for a Wendy's Restaurant. McHale responded that the maximum at any one time would be approximately seven vehicles. Member Gowling asked if the circulation system could be changed to entrance and exit in a one -way manner with all entry's to be at the north -east corner of the site. A general discussion ensued regarding the alternative site plans and changes to building configurations. MOTION: Member Kitzman moved, seconded by Member Churchill to recommend denial. The motion did not pass with the vote 2 in favor, 2 opposed, and 1 abstention. Member Norris stated that a multi- tenant building should be able to have 4 drive - thru's and that the concern about conflicting traffic and pedestrian patterns and turning movements is overstated. Tom Thorn, representing a trash compactor company explained the Wendy's trash compaction system which requires fewer pick -ups than most normal trash systems. NOTION: Member Norris moved, seconded by Member Gowling to recommend approval of the drive -thru amendment to the planned unit development. The motion did not pass. The vote was 2 members in favor, 2 members opposed, and 1 abstention. Chairman Felkner declared a stalemate with no motion able to pass. Therefore the Planning Commission sends the issue to the City Council with no recommendation on this issue. The Planning Commission then took a 10 minute break. C. Zoning Regulations - Consideration of Amendment to Establish Utility Buildings & Substations as Conditional Uses in Institutional Zones and Requiring Approved Utility Corridors for Overhead Utility and Transmission Lines LOCATION: City -wide PETITIONER: City of Apple Valley (PC91- 017 -0) STAFF REPORT: May 15, 1991 by Richard Kelley City Planner Rick Kelley provided a background report in which he explained changes to the zoning regulations regarding utility buildings and utility corridors. He explained that changes in the ordinance had been made after a meeting with the utilities regarding undergrounding of residential services. In addition, changes were made to the ordinance language which would require masonry screening around transformers. The new language would allow for screening other than masonry materials for those pieces of equipment which require air movement. Finally, there were changes to the fee structure and contribution of the City for undergrounding utilities. Kelley noted that in the new proposal such contributions and fee structures would be established within the franchise agreement with each utility. Chairman Felkner noted that payment obligations in an ordinance are not applicable because they would bind a future City Council by ordinance to a payment schedule instead of by contract. Ed Brunkhorst, representing Dakota Electric, stated that requiring the utilities to bury and pay for utilities should be a shared responsibility and should be written into both the franchise agreement and the ordinance. He stated that if utilities are required to be buried at this time without the proper wording in the franchise agreement or in the ordinance relating to reimbursement, the utility would be bound to pay for undergrounding utilities in its entirety. Member Churchill asked for clarification regarding wording and asked if the franchise agreement could be negotiated on or after the date of the adoption of the ordinance for cost sharing. 5 Chairman Felkner asked the City Staff and the Utility to meet and discuss the issue in a more thorough manner. Member Churchill asked for a better definition of intent to assist in the payment for burial of services. Member Felkner stated that the Planning Commission could recommend approval of a new utility ordinance with a recommendation that the staff meet and confer and prepare language with Dakota Electric regarding compensation for undergrounding. Such a recommendation could then be carried forth to the City Council at its next available meeting. Gene Nelson representing Centel, stated that Centel supports Dakota Electric's request for contribution and aid for undergrounding services. He also expressed concern about the lack of specific dimensions for the depth of installation of buried cable. Finally Mr. Nelson asked for clarification regarding a conditional use permit in a institutional district, wherein a 40 foot height is maximum. He asked if this would apply to poles and towers. Mr. Kelley responded that the height limitation refers to building height. NOTION: A motion was made by Member Churchill, seconded by Member Gowling to recommend approval of the Utility Building and Substation Ordinance language with a recommendation that the Staff meet and prepare additional language with Dakota Electric regarding the compensation for undergrounding of utility lines. The motion carried 5 - 0. NOTION: Member Gowling moved seconded by Member Churchill to set a public hearing at the next available Planning Commission meeting to discuss and gain input on an amendment to the City Comprehensive Plan regarding establishment of approved utility corridors for overhead utility and transmission lines. The motion carried unanimously. D. Further Consideration of Concord Property ZonCon- Change Comprehensive Plan Designation to "LI" for New Office Industrial Designation, Rezoning from "A" to "I -1" LOCATION: West of Pilot Knob Road and North of County Road 42 PETITIONER: City of Apple Valley (PC91- 007 -PZ) STAFF REPORT: May 15, 1991 by Dennis Welsch Community Development Director Dennis Welsch provided a background verbal report in which he reviewed the history of the planning for the Concord 80 -acre site located at the north -west corner of CR 42 and Pilot Knob Road. He listed the three questions which needed to answered including: long -term land uses, zoning on the site, and specific standards for development and specific standards for development of buildings on the Concord site. He noted that prior to the Planning Commission meeting he had met with representatives of the owner and with representatives of the home owners association from neighborhoods surrounding the site. At that meeting the homeowners association listed the types of uses and concerns they would have with development on the site as well as possible zoning alternatives for future study. Welsch distributed to Chairman Felkner and Members of the Commission a petition received on May 15, signed by 400 people opposed to industrial zoning on the Concord site. Welsch requested the Planning Commission to provide direction regarding the change in the Comprehensive Plan Map and in the Comprehensive Plan Text for Business Parks. MOTION: A motion was made by Member Kitzman, seconded by Member Gowling to adopt resolution 5/15/91/A herein attached. The motion carried unanimously. CITY OF APPLE VALLEY PLANNING COMMISSION RESOLUTION NO. 5/15/91a AMENDMENT TO THE APPLE VALLEY COMPREHENSIVE PLAN CREATING A NEW LAND USE DESIGNATION ENTITLED "BP -1" (BUSINESS PARK - 1) WHEREAS, pursuant to the Metropolitan Land Planning Act of 1976 the City of Apple Valley is required to prepare a comprehensive Plan, and WHEREAS, the City of Apple Valley on July 13, 1981 adopted a plan titled City of Apple Valley Comprehensive Guide Plan, and WHEREAS, a public hearing on a proposed amendment to the Comprehensive Plan - Industrial Chapter was held on March 20, 1991, and WHEREAS, a proposed amendment was offered to create a new Comprehensive Plan Land Use designation entitled "BP -1" (Business Park - 1) described as a business- office park mix of uses designed for offices, corporate headquarters, research, light assembly and other similar uses, and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Apple Valley, Dakota County, Minnesota, that the amendments to the Apple Valley Comprehensive Guide Plan, as described above, are hereby adopted and recommended to the City Council and Metropolitan Council for approval. ADOPTED: May 15, 1991 Alan Felkner, Chairman ATTEST: Marsha Gowling, Commission Secretary 7 MOTION: Member Kitzman moved seconded by Member Gowling to adopt resolution 5/15/91/B. The motion carried unanimously. CITY OF APPLE VALLEY PLANNING COMMISSION RESOLUTION NO. 5/15/91b AMENDMENT TO THE APPLE VALLEY COMPREHENSIVE PLAN CHANGING THE LAND USE MAP DESIGNATION OF CERTAIN PROPERTY FROM "MD" (MEDIUM DENSITY) TO A DUAL DESIGNATION OF "MD" AND "BP -1 "(BUSINESS PARK -1) WHEREAS, pursuant to the Metropolitan Land Planning Act of 1976 the City of Apple Valley is required to prepare a comprehensive Plan, and WHEREAS, the City of Apple Valley on July 13, 1981 adopted a plan titled City of Apple Valley Comprehensive Guide Plan, and WHEREAS, a public hearing on a proposed amendment to the Comprehensive Plan Land Use Map and Industrial Chapter was held on March 20, 1991, and WHEREAS, a proposed amendment was Plan Land Use Map designation entitled "BP -1" (Business Park - 1) for the parce attached map: offered to create a dual Comprehensive "MD" (Medium Density Multi- family) and I described as follows and shown on the The East Half (E 112) of the Southeast Quarter (SE 1/4) of Section 26, T115N, R20W, Dakota County, Minnesota; except the south 13 rods of the east 13 rods of Section 26; and except that part commencing at the southwest corner of the East Half (E 1/2) of the Southeast Quarter (SE 1/4) of Section 26, thence east 576 feet, thence north 450 feet, thence west 360 feet, thence south 285 feet, thence west 216 feet, thence south 165 feet to the point of beginning, subject to road easement. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Apple Valley, Dakota County, Minnesota, that the amendments to the Apple Valley Comprehensive Guide Plan Land Use Map, as described above, are hereby adopted and recommended to the City Council and Metropolitan Council for approval. ADOPTED; May 15, 1991 Alan Felkner, Chairman ATTEST: Marsha Gowling, Commission Secretary 93 E. Consideration of Parking Lot Expansion LOCATION: Greenleaf Elementary School PETITIONER: Independent School District No. 196 STAFF REPORT: May 15, 1991 by Richard Kelley City Planner Richard Kelley provided a staff report in which he reviewed Independent School District 196 request to provide additional parking at Greenleaf Elementary School. The proposal places parking to the south of the existing parking lot and creates an exclusive drop -off lane, separated from the bus lane staging area by a raised pedestrian island. The Staff recommends approval of the parking lot expansion request. Member Felkner asked for clarification regarding the width of driveways. Steve Hanson from District 196 stated the driveways will be at least 35 feet in width and will provide adequate space for buses. Member Norris asked whether creation of this parking lot will remove the need for parking on the north side of the building. Mr. Hanson stated that there will still be overflow times when parking on the north side of the building is necessary. MOTION: Member Gowling moved seconded by Member Churchill to recommend approval of the excavation permits to construct additional parking at Greenleaf Elementary School in accordance with the submittal. The motion carried unanimously. 7. DISCUSSION ITEMS A. Wensmann High Density Townhomes sketch plan discussion. Associate Planner Scott Hickok reviewed the Wensmann sketch plan for 164 three story townhomes to be located along the southeast corner of Pilot Knob Road and Essex Avenue. He noted that the current proposal has been reduced to 152 units and that the current proposal provides for more creativity and more green space within the site than the proposal seen at the May 1, 1991 meeting. In addition to requesting a preliminary plat at a future date the developer will also have to request a change in the setback standards to allow for more green space within the project. Mr. Herb Wensmann, Developer, provided the Planning Commission with an architectural drawing of the 152 unit project. He noted that the project will allow each housing unit to have a two car tuck under garage. Prices of the units will vary between the mid -$50's and the mid- $70,000's. The average price of a unit is estimated to be $65,000. Scott Hickok noted that there are concerns regarding the entryways, sidewalks and length of dead -end drives which will be worked out in future meetings with the developer and architects. Chairman Felkner asked that the Staff have the Fire Marshall review this project in its entirety regarding access to units along dead -end streets. No additional comment was offered. No action was necessary. r] B. Adelmann Sketch Plan Discussion. Community Development Director Dennis Welsch provided a background report in which he reviewed the Adelmann 20 -acre sketch plan review. Within the 20 -acre site currently owned by Fischer Sand & Gravel, a 43 -47 lot single family subdivision is proposed. Current zoning on the site is "R -3" which is conventional 11,000 s.f single family lots. As currently proposed, no parkland dedication would be provided by the developer. Welsch noted that the Adelmann site is a high rolling site with steep slopes up to adjoining properties especially in the northeast corner of the property. Extensive grading and moving of soil will be necessary in order to provide for an adequate subdivision grade. Welsch explained alternatives available on the site including a u- shaped street system for Fairlawn and Franchise Avenues as well as one cul -de -sac entering off of 140th Street for the east half of the site. Jerry Duffey, attorney representing Fischer Sand & Gravel, stated that this project is the first step of many steps to develop all the land north of 150th Street, focused on a Championship Stadium Golf Course. The Developer is concentrating on the severe grades north of 140th Street and would like to create grades allowing each of these lots to have a view of the future golf course. Storm water ponding on the site may be needed, however, the Developer will await further word from the City Engineering Staff.. Duffey noted that the grading plan currently illustrates severe slopes and retaining walls along the northeast corner of the site. If some agreement can be reached with adjoining property owners the retaining walls would be removed and grading would be extended into adjoining properties to reduce the overall slope. Chairman Felkner encouraged the Developers to work with the neighbors. Mr. Duffey noted that the proposal has larger lots than are required by the current City Code and that he will attempt to work with the neighbors in the future. A citizen in the audience asked for clarification regarding whether this activity was mining or excavation for subdivision purposes and how long excavation would occur on the site. Mr. Duffey responded that excavation and grading on the site may last no more than 18 months and that there will be no crushers or heavy equipment used on the site. All surplus material would be moved to the east into the existing Fischer Sand & Gravel site. No conveyers would be used unless so specified by the City Council. Heavy equipment will move all earth material if the Council approves. There was no further discussion. No action was necessary. C. Union 76 Propane Sales - Verbal report. Scott Hickok provided a verbal report describing the need for establishing a permanent location for a propane sales tank at Paul's Union 76 Station, located at the northwest corner of Cedar Avenue and 147th Street. He noted that in the future the Union 76 operators will be required to complete a conditional use 10 permit and variance to finish the remodeling of the Union 76 Station. Mr. Hickok asked the Planning Commission to consider whether this approach was adequate and whether the applicant can continue to complete plans while supplying a conditional use permit application to the City. The consensus of the Commission was that if the location of the propane tank was approved by Federal Regulations and the Fire Marshall, the Commission would not object to the renovation plans. Hickok noted that both the Federal Standards and the Fire Marshalls requirements are being adhered to in this project. D. Transportation and Planning Conferences The Planning Commission accepted reports from Meg McGonigal and City Planner Kelley regarding transportation and planning conferences attended in the past two week period. 8. OTHER BUSINESS A. Amendment to Planning Chapter of the City Code regarding Planning Commissioner residency requirements. Associate Planner Meg McGonigal presented an amendment to the Planning Chapter of the City Code which would require Planning Commission Members to live within the City of Apple Valley. Member Gowling moved seconded by Member Norris to recommend approval of the amendment to the Planning Chapter of the City Code requiring Planning Commission Members to be residents of the City of Apple Valley. The motion carried unanimously. B. Cemetery Report Dennis Welsch notified the Planning Commission Members that the Urban Affairs Committee is currently considering whether Apple Valley needs to establish it's own public cemetery or encourage private development of cemeteries within the community. At future Urban Affairs Committee Meeting, the members of that committee will decide whether an in -depth study should be done and further discussion would include the Planning Commission regarding land -use items. The Staff will provide updates to the Planning Commission. Chelle Benson Internship Completion Dennis Welsch explained that 1991 City Intern Chelle Benson will be completing her 1991. The May 15 meeting is the last meetin g The Staff and Commission thanked Chelle completion of the internship. of Apple Valley Planning Department internship with the City on June 1, at which Chelle will be available. Benson and congratulated her on 9. ADJOURNMENT The meeting adjourned at 11:35 p.m. 11