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HomeMy WebLinkAbout06/05/1991PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY June 5, 1991 1. CALL TO ORDER The June 5, 1991 meeting of the Apple Valley Planning Commission was called to order at 7:34 p.m. by Chairman Alan Felkner. Members Present: Chairman Felkner, Members Marcia Gowling, Eugene Kitzman, James Norris, Joe Nordlund, and Karen Edgeton. Members Absent: Jeannine Churchill. Staff Present: Rick Kelley, Meg McMonigal, Chelle Benson, Scott Hickok and and Dennis Welsch. Others Present: See the sign -in sheet. 2. APPROVAL OF THE AGENDA The Agenda was approved as submitted with the addition of Item 7B, an update on the Adelmann /Fischer First Addition Sketch Plan. The motion carried 6 - 0. 3. APPROVAL OF THE MINUTES OF MAY 15, 1991 MOTION: A motion was made by Member Gowling, seconded by Member Kitzman, to approve the minutes of the May 15, 1991 meeting. The motion was approved 5 - 0 with Member Edgeton abstaining. 4. CONSENT AGENDA MOTION: A motion was made by Member Gowling moved, seconded by Member Kitzman, to recommend approval of a side yard garage setback variance to allow a garage addition to set within four and one -half feet of a side lot line located at 6827 133rd Street West as per the staff recommendations including a side lot line survey. The motion carried unanimously. Chairman Felkner noted to the applicants, Mr. and Mrs. Day, as well as the contractor that if the applicants are concerned about completing a survey of the lot line, they must convince the City Council that the survey shown in the application packet is an as -built survey rather than the proposed location of the house on the site in 1971. Planning Commission Minutes June 5, 1991 Page 2 5. PUBLIC HEARINGS A. Rezoning from High Density Multiple Residential "M -8C" to Institutional "P" and Conditional Use Permit for an Electric Substation Facility LOCATION: South Side of 130th Street West, Between Germane and Garrett Avenues PETITIONER: Dakota Electric Association (PC91- 018 -ZC) STAFF REPORT: June 5, 1991 by Richard Kelley Chairman Alan Felkner opened the public hearing. He requested City Planner Richard Kelley to provide background on the request for rezoning from "M -8C" to "P" and issuance of a conditional use permit to erect an electric substation facility in excess of 500 s.f. Kelley noted that the site is currently designated on the comprehensive plan for high density residential and the zoning of the site is M -8C which was previously designated for a 33 unit apartment building. He noted the site has been plated for the apartment building and approved. Kelley described the topography and setbacks, as well as the adjacent uses to this site. He displayed a preliminary site plan and noted that the substation proposal would be occupying the flattest part of the eastern and northern side of the lot. City Planner Kelley noted that there would be the possibility of requiring additional conditions if an institutional zone is approved and a conditional use permit is requested. Those conditions would include: a. The substation must be adjacent to a utility corridor. b. The substation must be adequately screened. C. The substation must be landscaped. d. The substation fence must be at least 100' from any existing residence. e. The substation must not be near or adjacent to the downtown ring route. f. The substation must not adversely affect adjacent properties. g. The substation must not affect the future development of adjacent properties. Kelley also described the utility corridor maps, noted that three corridors have been approved within the comprehensive plan, they include: County Road 42, Diamond Path, and the western boundary of the city. He said the substation at this location would be to receive power from a new overhead transmission line proposed by Dakota Electric along the western extension of County Road 38. The substation would serve the northern growth in Apple Valley. Apple Valley only has one electric substation at this time. Substations serving Apple Valley are located in Eagan, Rosemount and Burnsville. Kelley illustrated an overhead projection of the Lebanon substation. City Planner Kelley recommended that the Planning Commissior. continue the Pcbiic Hearing until the County Road 38 Corridor Hearing and amendment to the City's Comprehensive Plan can be held in July. Ed Brunkhorst, representing Dakota Electric, Association asked the Planning Commission to review handout materials provided at the meeting by Dakota Electric. He noted that the substation is not immediately needed but construction would occur in 1993. He explained that the site in question is excellent for a substation because it can be screened from the west and south by existing topography and from the east and north by additional berms and or landscaping. He noted that the need for an additional substation has occurred because of the residential and commercial development that Planning Commission Minutes June 5, 1991 Page 3 has occurred in Apple Valley in the past five years. By adding the electrical load to downtown Apple Valley, existing electrical load must be transferred to substations outside of the City. Specifically, he noted that Huntington, Meadowlark Glen, The Zoo, Radcliff Townhouses, The Oaks, Grandview, Saddle Ridge, Apple Ponds and the downtown add additional load to the existing substation and lines. Brunkhorst noted that all power lines in Dakota County are currently at capacity. Randy Paulson also representing Dakota Electric noted that in Eagan five stations have been built in the last five years. In the future, a third substation serving Apple Valley will be needed and it will be located somewhere along the Rosemount /Apple Valley border. Member Kitzman asked for details regarding the size, height and shape of poles similar to those on County Road 42 and what distance between the poles will be used for spans. Brunkhorst responded that the poles will be similar to those on McAndrews Road in Burnsville between the Ridges and Burnhaven Road utilizing Korten Steel Poles with a span of 350'. He noted that no techniques are currently available to bury heavy transmission lines. Member Norris asked for further considerations of different locations of substations on the west side of Apple Valley near the intersection of County Road 11 and Highway 38. Brunkhorst responded that there were no sites available from Pennock to County Road 11. He noted that Dakota Electric will construct the pad, do the grading, berms and plantings in advance of the actual construction of the substation transformer. Member Felkner asked Brunkhorst to review the land between Gardenview and County Road 11. Member Felkner asked Brunkhorst to consider another substation that would be placed adjacent to the Fischer Substation. Randy Paulson of Dakota Electric stated that the County Road 42 poles have no more capacity to handle an additional transmission line to the Fischer Substation site. However, the Fischer substation will be expanded many times in the next few years as specified in the Dakota Electric twenty year plan. Member Norris noted that the power lines and routes were not on the maps and there were no very good projections of the needs for new power lines and substations. Public Hearing information needs to be presented more formally regarding the transmission corridor. Dakota Electric will need to explain why not another substation site near Fischer could be constructed. Dakota Electric must support this with facts. Member Felkner noted that there is much land east of Galaxie which could be served with this new substation. Brad Jacobsen, 7300 130th Street, stated that he was the closest resident to the site. He asked the Commission to consider the impacts on property values, environment, and wildlife. He expressed his opinion that a substation cannot improve the environment or the property values. He asked if the overhead electrical transmission lines would be located adjacent to residential property or within the zoo boulevard. Brunkhorst responded that Dakota Electric will use the Minnesota Department of Transportation Right of Way along Minnesota Highway 77 for transmission overhead lines. Paul Jara, 7380 West 130th Street, stated he was not opposed to the substation but opposed to the overhead wires which may affect property values and aesthetics in backyards. He expressed concern with property to the west of the site because it was very steep and the development will be very difficult. Planning Commission Minutes June 5, 1991 Page 4 Member Gowling explained that the site to the west is M -3 zoned for six units per acre and that the substation site is currently M -8 zoned for twenty units per acre. A general discussion ensued regarding the site planning of the two sites. Member Edgeton asked if the property to the west of the proposed substation has direct access onto 130th Street without access being provided through the substation site. City Planner Kelley responded that the substation only occupies a small portion of the site and that access to the site west of the substation would be best if taken through the substation site. Angelo Petrone, 12935 Garner Lane, provided the Commission with a petition objecting to the substation location on the basis of aesthetics and health issues. Paul Jarra asked the Planning Commission if apartments could still be built on both sides of a substation site and further asked the Commission to consider building the substation at 127th Street and Germane or in the Cedar Knolls Park. Brunkhorst responded that these sites had been looked at but in order to build a substation at any of these locations, a transmission line would have to be constructed along Palamino Hills Road. Brian Broadwell, 12882 Garrett Avenue, asked the Commission to consider a transmission line route from 127th Street and Germane Avenue to Pennock Avenue then west on County Road 38. He noted that nothing east of the proposed site has been looked at and asked the Commission to whether an environmental impact statement is necessary for this project. He asked for further information on where the Eagan substations are located and whether the City is interested in having residential development versus commercial development adjacent to a substation. City Planner Kelley responded that he will check the state guidelines regarding for an environmental impact statement. Randy Paulson from Dakota Electric noted that there are two substations in Lakeville and six or seven in Eagan, all of them are adjacent to residential lots. Brian Broadwell stated that the proposal has demonstrated no concern for the health of the residents and has created a problem of approving neither high density housing or high transmission power and substations adjacent to a residential area. He expressed concern with the possible impact of high transmission Panes regarding the incidences of lukemia and blood ailments within three -four hundred feet of lines. Brunkhorst responded that Dakota Electric also looked at the northwest corner of the zoo road and Johnny Cake Ridge Road but found that unacceptable. Mike Smith, 12499 Garner Lane, asked if there would be additional safety fencing or gates placed around the site to prevent a child from entering the site. He asked whether a concrete wall could be placed around the site. Brunkhorst responded that a 20' high wall would inhibit the airflow necessary to cool the substation. Brian Broadwell stated that in Golden Valley substations are constructed behind staggered brick walls. Mrs. Jacobsen asked the Commission to consider the sound level impact of substations and requested additional information regarding the sound frequencies. Randy Paulson responded that the sound frequency is 60 cycle hum. Brunkhorst noted that the noise from a substation is 50 decibels at 50 feet. Planning Commission Minutes June 5, 1991 Page 5 Chairman Felkner encouraged the Dakota Electric Association Staff and representatives to have an on site meeting or demonstration of the substation impacts with adjoining neighbors and staff as well as the Commission. Paulson noted that the nearest house to the substation fence would be at least 180' to the northeast. City Planner Kelley noted that it will be four to six weeks before the next scheduled public hearing on the transmission lines. Dale Thuftedal, 1295 Garner Lane, asked for further information regarding the Dakota Electric's methodology of searching for available land for a substation and for transmission line corridors. He asked for further information regarding who makes the final determination and whether the site could be down- zoned. In addition, he asked for clarification regarding the growth in the area and the needs for or demand for electricity. He also asked for the length of time that a substation will be in- service if once constructed in Apple Valley. He noted that Dakota Electric should have a longer term planning process to review such projects. There was no further comment. Chairman Felkner held the Public Hearing open until a future Planning Commission Meeting when the Utility Corridor Public Hearing can be held at the same meeting. A ten minute break was taken. 6. LAND USE/ ACTION ITEMS A. Consideration of Rearyard Setback Variance for Building Addition at Al's Cabinets LOCATION: 6885 - 145th Street West PETITIONER: Al Ellingson (PC91- 021 -V) STAFF REPORT: June 5, 1991 by Richard Kelley City Planner Richard Kelley provided a staff report in which he reviewed the 10' rearyard setback variance requested by Al's Cabinets in an area where the code requires a 20' rearyard setback. He noted that the proposed addition would be used for storage and that the adjacent property owner does not object to this project. He qualified that the existing property owner to the north (Lambert's) utilizes the site for open storage. Member Edgeton asked for clarification regarding the driveway to the rear of the building. Kelley noted that the doors serving the rear of the building are on the east side of the building. A discussion of garbage dumpster storage ensued. MOTION: A motion was made by Member Gowling, seconded by Member Norris, to recommend approval of the rearyard 10' setback variance requested by Al's Cabinet. The motion carried unanimously. 5B. Amendment of Zoning Ordinance Text (A1 -8) Concerning Maintenance of Accessory Storage Buildings LOCATION: City of Apple Valley PETITIONER: City of Apple Valley (PC91- 030 -Z) STAFF REPORT: May 30, 1991 by Scott Hickok Planning Commission Minutes June 5, 1991 Page 6 Chairman Felkner opened the public hearing and requested Scott Hickok to provide a background report. Hickok reported that the Urban Affairs Committee had recommended approval of an amendment to the zoning code which would provide standards for maintenance of accessory buildings. He noted that the current ordinance is vague and needed additional definition. He also explained that the City Attorney suggested changes to Item #2 by removing the term "weather tight ", Item #3 by removing the word "properly ", Item #4 by removing "80 m.p.h." and substituting "in accordance with building code standards ", and Item #5 "any building over 120M 11 require a building permit ". There was no comment from the public, the Public Hearing was closed by Chairman Felkner. MOTION: A motion was made by Member Kitzman, seconded by Member Edgeton, to recommend approval of the revised accessory building ordinance. The motion carried unanimously. 5C. Amendment of Zoning Ordinance Text (A1 -62) Concerning Occupancy of Recreational Vehicles Parked in Residential Zones LOCATION: City of Apple Valley PETITIONER: City of Apple Valley (PC91- 031 -Z) STAFF REPORT: May 31, 1991 by Scott Hickok Chairman Felkner opened the Public Hearing and requested Associate Planner Hickok to provide a background report. Hickok responded that the Urban Affairs Committee has recommended approval of a amendment to the zoning text which would clarify when housekeeping and occupancy of a recreational vehicle can occur within residential districts. He noted concerns regarding sanitation, noise and aesthetics. Hickok stated that the City Attorney asked for one additional change and that would be to correct wording as follows: "15 days per calendar year" instead of "15 calendar days." Hickok also recommended the addition of a definition for the term "housekeeping." A general discussion ensued regarding the parking of recreational vehicles on residential sites. There was no public comment. Chairman Felkner closed the Public Hearing. MOTION: A motion was made by Member Edgeton, seconded by Member Gowling, to recommend approval of the amendment to section Al -62 of the zoning code. The motion carried unanimously. 6B. Airport Resolution Planning Commission Members discussed a draft resolution which would be recommended to the City Council for adoption regarding the position of the City of Apple Valley on construction of a new airport within the metropolitan area or expansion of the existing airport. The following resolution was offered for consideration: CITY OF APPLE VALLEY RESOLUTION NO. A RESOLUTION STATING PLANNING COMMISSION'S POSITION ON AIRPORT SITING Planning Commission Minutes June 5, 1991 Page 7 WHEREAS, the Minnesota Legislature has mandated a dual -track strategy to preserve the region's options for meeting future airport capacity needs, one track focusing on a new airport option with the Metropolitan Council charged with the selection of candidate search areas for a possible new replacement airport, and the second track focusing on possible ways to improve the capacity of the current airport with the Metropolitan Airport's Commission charged with studying ways to improve the capacity of Minneapolis -St. Paul International Airport to meet the needs of air traffic to the year 2020; and WHEREAS, this dual -track strategy is well- conceived effort designed to preserve the region's airport options for the future; and WHEREAS, this strategy allows an open, public process for making decisions, including public informational meetings and solicitationof opinions from county, municpal and township governing bodies and general public; and WHEREAS, the Minneapolis- St.Paul International Airport is a major employer for Apple Valley and the surrounding area, so any change in airport location would affect the economic healthy of the region and cause major disruption for existing residents, businesses, highways and utilities; and WHEREAS, replacing the existing Minneapolis -St. Paul International Airport with a new airport at another site would severely impact comprehensive land use plans, both at the present airport site and at any of the candidate search area sites; and WHEREAS, costs for developing alternate uses for the current airport site if it is abandoned as a major airport must be considered; and WHEREAS, selection of either the Dakota -Scott new site south of Apple Valley in Eureka, Castle Rock, Greenvale, Sciota and Waterford townships, or the Dakot County search site in the City of Rosemount, Empire, Vermillion and Marshan townships as the candidate site for a new airport would place all land use planning in the selected area in limto for up to five years; and WHEREAS, selection of either the Dakota -Scott site or the Dakota County site as the definite location for a replacement airport would lower the area's quality of life by adversely impacting natural areas and critical wetlands, eliminating hundreds of acres of productive farmland and tradition and heritage of the family farm, and increasing the sprawl of urban land uses; and WHEREAS, the Apple Valley Planning Commission held a town meeting on April 17, 1991 to receive citizen input regarding the dual -track process and the Dakota County candidate search areas, a consensus was reached by the Planning Commission to support maintaining and expanding the Twin City Metropolitan Airport at its present site over moving to a new site. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Apple Valley urges the Metropolitan Council, the Metropolitan Airport's Commission and the Minnesota Legislature to avoid the negative economic and environmental impacts that would affect the entire region if the regional airport were moved to a new replacement site, and focus instead on retaining the region's present Minneapolis -St. Paul International Airport, mitigating Planning Commission Minutes June 5, 1991 Page 8 existing problems and improving and expanding the present site in order to meet anticipated needs in the 21st Century. If, however, a decision is made to move the Twin Cities Metropolitan Airport to a new location, the Planning Commission prefers a southern location because of the employement and economic impacts on the citizens of Apple Valley. ADOPTED this day of 1991. Alan Felkner, Chairman ATTEST: Marsha H. Gowling, Secretary Member Edgeton stated that she preferred to have the airport located in the South Metro Area rather than the North Metro Area if a new airport is to be constructed. Member Kitzman stated that he had concerns with the input and community understanding of the issues. Member Felkner asked the Commission to consider adding a paragraph that if a new airport is needed, it should be located in the South Metro Area. Member Norris noted that it will be a long time before a new airport would be constructed, but when it comes it would be a benefit to Apple Valley to have it in the South Metro Area particularly in Dakota County rather than other places in the Metropolitan Area. The Staff was directed to add language to the proposed resolution which stated that if a new airport is decided upon, the location of such an airport should be in the South Metro Area rather than other locations in the Metropolitan Area. The Staff was directed to bring the revised resolution back to the Planning Commission at it's next available meeting. No further action was taken on the resolution. DISCUSSION ITEMS A. Transportation Plan Meg McMonigal provided a background report on the travel behavior inventory results of a transportation study completed for the Twin Cities Metropolitan Area. She noted that Planning Commission Minutes June 5, 1991 Page 9 population housing and employment are increasing the last ten years whereas persons per households and transit trips per household are declining. Automobiles per households, trips per person and trips per household are also increasing dramatically. A handout was provided to the Commission Members. After a general discussion the Planning Commission received the Transportation Behavior Inventory and placed it on file. No further action was necessary. B. Update on the Adelmann /Fischer First Subdivision Preliminary Plat and Excavation Permit Community Development Director Dennis Welsch provided a background report on the progress or lack thereof regarding the Adelmann Preliminary Plat. He noted that the Planning Commission may be requested at a future date to make a decision on the same evening as a Public Hearing in order to expedite the process. A general discussion ensued regarding the merits of the Sketch Plan and the procedure to be followed. No action was taken. 8. OTHER BUSINESS None. 9. ADJOURNMENT The meeting adjourned at 10:45 p.m.