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HomeMy WebLinkAbout06/19/1991PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY June 19, 1991 1. CALL TO ORDER The June 19, 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, Karen Edgeton, and Jeannine Churchill. Members Absent: None Staff Present: Rick Kelley, Meg McMonigal, Scott Hickok, Lon Anne, 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 Items 8B (consideration of an additional meeting in July), the removal of Items 611 and 6C (zoning text amendments), and movement of Item 8A (airport resolution) to the consent agenda. The motion carried 7 - 0. 3. APPROVAL OF THE MINUTES OF JUNE 5, 1991 MOTION: A motion was made by Member Gowling, seconded by Member Kitzman, to approve the minutes of the June 5, 1991 meeting with the correction of the typo on page 6, paragraph 1, which should read... and Item #5 "any building over 120 s.f, shall require a building permit ". The motion was approved unanimously. 4. CONSENT AGENDA MOTION: A motion was made by Member Gowling, seconded by Member Kitzman, to recommend approval of a frontyard setback variance for a new home located at 12762 Ethelton Way, by applicant M.W. Johnson; and recommend approval of a sign setback variance at the Big Apple Mall, 7700 147th Street West, by applicant City of Apple Valley; and adoption of a revised resolution concerning airport siting processes. The motion carried unanimously. Planning Commission Minutes June 19, 1991 Page 2 5. PUBLIC HEARINGS A. Dakota Electric Substation - Continued Public Hearing for a Rezoning from High Density Multiple Residential "M -8C to Institutional "P" and a 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 19, 1991 by City Planner Richard Kelley Chairman Alan Felkner reconvened the public hearing continued from June 5, 1991. Chairman Felkner asked the City Staff to provide a brief update and summary of previous meetings with the applicant Dakota Electric Association. City Planner Richard Kelley reviewed the comprehensive plan and zoning for the site proposed for a rezoning from "M -8C" to Institutional "P" and a request for Conditional Use Permit to establish an electric substation facility on the south side of 130th Street between Germane and Garrett Avenues. Kelley also reviewed the existing land uses, topography and landscape around the site. He pointed out substations which are currently available and noted that the comprehensive plan requires that a substation be placed adjacent to a utility corridor. Kelley noted that at previous meetings the topics discussed included security of the substation, choice of fence materials and appearance, environmental review process requirements for an EIS and EAW, noise controls, health effects of low level electro magnetic fields, long range energy needs planning, and alternate expansion sites for a substation. Kelley mentioned that the criteria necessary for approval of the Conditional Use Permit for a substation including placement along a utility corridor recognized within the comprehensive plan, security of the site, and specific separation from existing or proposed residential areas as well as others listed in the City Zoning Code. Kelley recommended that the Planning Commission continue the public hearing until July 17th at which time a joint public hearing can be held regarding the utility corridor as well as the substation issue. Ed Brunkhorst, representing Dakota Electric Association, described the selection process for the site located on 130th Street. He noted that the ideal location for a substation location would be at the corner of Highway 77 and Galaxie Avenue because of the existing heavy transmission lines in the area. The crossroads of new County Road 38 and Galaxie Avenue provide for a ideal electrical grid system. He noted that Dakota Electric would prefer the site where Jim Simon's horse barn is currently located at the northwest corner of Minnesota Highway 77 and Galaxie Avenue. Mr. Simon would not agree to subdivide his property to allow for a one acre substation site. Brunkhorst noted that the Simon site is very flat and difficult to screen. Brunkhorst also described problems with the Coady site at the northeast corner of Minnesota Highway 77 and Cedar Avenue. This site is too steep, too high above the roadbed, and has no access. In addition, there are homes located along the northern boundary of such site. Planning Commission Minutes June 19, 1991 Page 3 The Coady south site, located at the southeast corner of Minnesota Highway 77 and Cedar Avenue, was also described by Brunkhorst. This site is too low, has poor access and is adjacent to a residential area that will develop. This site is also too close to Cedar Avenue. Cedar Avenue would create salt and spray problems within a substation. Finally, the Coady south site is too large (9 acres) and must be subdivided into a smaller parcel which may not be feasible for the owner. Brunkhorst noted that there is no land available from Galaxie Avenue to Johnny Cake Ridge Road on Minnesota Highway 77, except at the northwest corner of Highway 77 and Johnny Cake Ridge Road which is a parcel previously proposed for a convenience store. The site is too large, the topography is too rugged, and the vegetation is not conducive to establishment of a substation. Brunkhorst estimated that an additional $50 per lineal foot of added construction cost would be incurred for any site located away from the corner of Minnesota Highway 77 and Galaxie Avenue. Member Gowling asked what would be the secondary site for this substation if the 130th substation site was not approved. Brunkhorst stated there is no secondary site at this time. Member Norris asked if power could be brought from the east through a series of transmission lines. Brunkhorst noted that there is no source of power capable of being utilized on the east side of the community. All of the existing utility lines along the east side of the community are at or above capacity at this time. Norris asked if there were other substations proposed in the Utility's 20 Year Plan. Randy Poulson, representing Dakota Electric, stated that there will be two more substations built in Eagan for a total of eight and the Dakota Electric Plan depends upon the growth projected from Metro Council, the State Demographer and the census materials. The projections are now more conservative than the market. Electrical energy is currently increasing an annual rate of 2.7% usage, whereas the projections only show an increased usage of 1.5% per year. Mr. Poulson explained that Dakota Electric planned for this Apple Valley substation construction from 1989 through 1994 and distributed a handout listing the various activities necessary to complete construction of the Apple Valley substation at 130th Street by 1994. in addition to construction of the 130th Street substation, Dakota Electric also proposes to upgrade the Fischer substation in the next 20 years and to construct another substation along the southeast border of Apple Valley adjacent to Rosemount. Ed Brunkhorst noted that when the new substation at 130th Street is completed and on line, it will reduce the service area of the Fischer substation by one -half. Brunkhorst noted that other criteria used in site selection include line loss of energy, outage probability, capacity of existing lines, and growth potential in the service area. He noted that Apple valley has approved 1800 new lots in the past five years in the substation service area. He also explained that the new Bachman Store in Apple Valley cannot use the Fischer substation but must draw energy from a substation in Burnsville. Planning Commission Minutes June 19, 1991 Page 4 Member Gowling asked how much more right of way would have to be acquired and graded to install high transmission lines along County Road 38. Brunkhorst responded that Dakota Electric will propose to set steel poles between the pathway sidewalk and the curbline along County Road 38. This will not require expanded right of way. Chairman Felkner asked for clarification regarding the Coady site south of Minnesota Highway 77. Brunkhorst responded that the owner was reluctant to sell, the site was too large, the site was too visible, and the site was too far from the optimum site at Minnesota Highway 77 and Galaxie Avenue. He noted that for each 1500 lineal feet of distance away from Minnesota Highway 77 and Galaxie Avenue, $16,000 per year in line energy loss will occur. By adding an additional 1,000 lineal feet, an additional $3,550 of energy will be lost through the line each year. Randy Poulson described the prices for land in the area and noted that Dakota Electric cannot afford many other parcels of land. He noted that Dakota Electric currently pays property taxes in excess of $400,000 per year in Apple Valley. Poulson described the five agency review that is necessary prior to installation of a substation or a transmission line. They include the U.S. Department of Agriculture, the U.S. Department of Interior Fish and Wildlife Service, the Corp Engineers, the Minnesota Department of Natural Resources, and the Minnesota Historical Society. Randy Poulson described electro magnetic field studies and issues. He noted that results of such studies are mixed and that the scientific community is split on whether electro magnetic fields may have an adverse health impact on adjacent residential properties. He noted that scientists must differentiate between the impacts of power lines and those of electric appliances which also have electro magnetic fields. Dakota Electric proposes to place a transformer at least 250' from the nearest home. He noted that a 115 kilovolt line located in Apple Valley will have an electro magnetic field of 2.3 milligaus. By way of comparison, he noted that standards in Florida, New Jersey, and Massachusetts allow a 230 kilovolt line to emit 150 milligaus at the edge of the right -of -way. Poulson described the differences in sound levels created by a substation at 250' (39 decibels). A normal conversation occurs at 60 decibels. Ed Brunkhorst explained that landscape materials to a height of 6 to 7 feet would be installed around the disturbed edges of the proposed substation. A new driveway design has been completed which would place the driveway at the northwest corner of the project site, thereby allowing for a continuous berm and landscape screen along the north and east sides of the site. Randy Poulson asked the Planning Commission to close the public hearing in order to begin the hearing preparation for the utility corridor on County Road 38. He noted that their purchase option for the substation site is good for 150 days from March of 1991. The Planning Commission consensus was to continue the public hearing, leaving the comment period open through July 17th for new information. Planning Commission Minutes June 19, 1991 Page 5 Steve Mueller, 12975 Garner Lane, asked what plan does the City have for expansion of energy corridors through the community. He noted that the Dakota Electric plan was available since 1989, but the City has not adopted a plan. He expressed concern about electro magnetic fields, especially as it relates to a continuous low level of impact. He asked the Commission to consider moving the site further east where there are no residences. There was no further public comment. Chairman Felkner continued the public hearing leaving the comment period open through the July 17th hearing. MOTION: Member Norris moved, seconded by Member Edgeton, to set the hearing for the Utility Corridor Amendment to the City of Apple Valley Comprehensive Plan for July 17, 1991 provided all required information is available. The motion carried unanimously. This hearing is established at the request of Dakota Electric Utility to amend the comprehensive plan allowing for a high transmission line to be placed along County Road 38 from the Burnsville border on the west to Minnesota Highway 77 and Galaxie Avenue intersection. 5B. Fischer First Addition - Public Hearing for Single Family Preliminary Plat LOCATION: Northeast Corner of Galaxie Avenue and 140th Street West PETITIONER: Mathias Fischer (PC91- 025 -5) STAFF REPORT: June 19, 1991 by City Planner Richard Kelley Chairman Felkner opened the public hearing and requested the City Planning Staff to provide a background report. City Planner Richard Kelley provided information regarding the comprehensive plan designation for the site as single family and low density multi - family. He also noted that the zoning on the site is "R -3" for single family on the western 3/4 of the site and sand and gravel on the eastern 1/4 of the site. The preliminary plat is 23 acres in size and contains 43 lots. He noted that Galaxie Avenue and 140th Street are both community collector streets and should not be utilized for direct access residential driveways. Kelley described the topography and the steepness requiring retaining walls as shown on the preliminary plat. He noted that on the preliminary plat and the sketch plan the roads have been shown with grades at the maximum of 8%. Using an overhead, City Planner Kelley described the sketch plan comments that had been offered at the June 5, 1991 meeting. He noted that the Commission and Staff have requested that the west one -half of the site be completely graded by the end of the construction season in 1991. The east one -half of the site should be completely graded by the end of the construction season in 1992. Housing construction and roads and utilities could proceed following the completion of the grading on each section. Attorney Jerry Brill, representing Jerry Duffy and owner Matt Fischer, stated that the applicants will accept sketch plan Alternate B but prefer not to connect cul -de -sacs within Phase 1. Because with less roadway, a number of additional lots could be constructed near the cul -de -sacs adjacent to 140th Street. Brill noted that negotiations are on -going and progress has been made with the neighbors to the north. He noted that the applicant, Matthew Fischer, is prepared to develop the site immediately. Member Norris asked why the plans have not been submitted this evening for review. Brill responded that the plans have not been made available to the applicant from the surveyor. Planning Commission Minutes June 19, 1991 Page 6 When such plans are available they will be submitted to the Staff and the Commission. Chairman Felkner suggested that the Planning Commission hold the public hearing open for further comment at the next regular meeting. Felkner then asked for comments from the public. Richard Snyder, 13780 Fordham Court, commented that he had never completed communications with Mr. Duffy, Mr. Fischer, or other property owners to the south. He noted that his property contains a swimming pool which must be moved and regraded for this project. Chairman Felkner asked if Duffy had met with the neighbors as he had proposed previously. Brill noted that meetings will occur in the future. Mark Enbarth, 13815 Fairlawn Avenue, stated that the developers had not met with any property owners except Mr. Snyder and Mr. Thorn. Dennis Molacer, address unknown, stated that he has not received clarification on where a multi - family project would be constructed. City Planner Kelley responded that the comprehensive plan for the east 1/4 of the site currently designates the east 1/4 of the site and the area within the existing gravel pits as low density multi - family. No rezoning has occurred on these sites to date. Glenda Morton, 13774 Fordham Avenue, stated that Galaxie Avenue has a significant traffic volume already. She prefers the use of cul -de -sacs in phase 1 of the project. Chairman Felkner continued the meeting to a future date of July 17, 1991 (this date was established later in the meeting). In addition, Chairman Felkner asked the Staff to send out a mailing to all property owners who have received a notice in the past explaining when the next meeting will occur regarding the Fischer addition. The Planning Commission took at 10 minute break. Chairman Felkner left the meeting. Chairperson Pro -tem Karen Edgeton reconvened the meeting. 5C. Pilot Knob Estates Seventh Addition - Public Hearing for a Town house Preliminary Plat and Building Permit Authorization LOCATION: 144th Street & Essex Avenue & Pilot Knob Road PETITIONER: Wensmann Homes, Inc. (PC91- 027 -SVB) STAFF REPORT: June 19, 1991 by Associate Planner Scott Hickok Associate Planner Scott Hickok provided background on a proposed preliminary plat and building authorization for a 152 unit townhouse project on 13.6 acres. The townhouses would be located in 13 separate buildings. The site is currently zoned M8 -A which allows for 12 -24 units per acre. Hickok explained that the original proposal had 164 units. The proposal was changed to provide more creative layout of units and more green space. This rearrangement will require setback variances for units adjacent to the outside property lines. Planning Commission Minutes June 19, 1991 Page 7 Scott Hickok recommended approval of the preliminary plat and the building permit and the variances necessary to accomplish the project. Chairperson Edgeton asked the Staff to clarify the differences between setbacks for an "A Zone" and setbacks for a "C Zone ". Mr. Herb Wensmann, the applicant, stated that the suggestions provided by the Staff and Commission have been helpful and that the development will go ahead with the changes suggested by the Staff and the Commission. He thanked the Commission for its help. Mike Redetski, 14296 Embry Path, stated that he represented the Embry Path Homeowner's Association and submitted a petition signed by 17 property owners which stated that they have objections to the project because more landscaping is needed along Embry Path and access to the site should not come off of Embry Path. In addition, Mr. Redetski stated that the duplexes adjacent to these proposed townhouses should be landscaped more completely. Associate Planner Hickok stated that it will be safer to have two entrances and exits on both the north and south sides of this project. Mr. Wensmann stated that he was concerned with the safety of only one access on the north side. He had no problems with adding landscaping along Embry Path to screen the parking and the garage doors. Members Gowling and Edgeton asked the Staff to get further input from the Fire Marshal and to review alternate locations for a second entrance way along Embry Path, preferably further west than the proposed entrance. Associate Planner Hickok also recommended to the Planning Commission that the project be divided into two phases; an east phase consisting of the first three buildings in the southeast corner of the project and a west phase. Mr. Wensmann noted that the development plan is to build only the first three buildings during 1991 and 1992. Mike Keeler, 5334 142nd Path West, expressed concern with the intersection of Essex and Pilot Knob. He asked for clarification regarding the plans to upgrade the intersection and to handle the additional traffic from this proposed development. He asked the Commission and Staff to consider whether traffic on Pilot Knob can be slowed down to a safer speed. City Planner Kelley responded that Apple Valley has petitioned to Dakota County for a study of the semaphore to be located at Essex and Pilot Knob Road. A general discussion of the need for traffic planning and a semaphore ensued. Chairperson Pro -tem Edgeton closed the Public Hearing. MOTION: A motion was made by Member Kitzman, seconded by Member Norris, to recommend approval of the preliminary plat as submitted subject to the variances for reduced setback and lower density; and construction of the east side phase first; and a requirement that the Fire Marshal on staff investigate the specific location of the northeast entrance to the project; and that the developer install berms and landscaping along the Embry Path edge of the site to reduce the vehicle and garage door appearance. The motion carried unanimously 6 - 0. MOTION: A motion was made by Member Gowling, seconded by Member Nordlund, to recommend authorization of the building permit for phase 1. The motion carried unanimously 6 -0. Planning Commission Minutes June 19, 1991 Page 8 5D. Paul's Union 76 - Public Hearing for a Conditional Use Permit for an Expanded Motor Fuel Sales Operation and Variance Request for Reduced Canopy and Parking Setbacks LOCATION: 7525 - 147th Street PETITIONER: UNO -VEN Company (PC91- 029 -V) STAFF REPORT: June 19, 1991 by Associate Planner Scott Hickok Chairperson Pro -tem Edgeton opened the public hearing for a conditional use permit request and a variance request by Paul's Union 76 Station located at the corner of 147th Street and Glenda Avenue. Associate Planner Scott Hickok described the request for variances to the pump island canopy, the parking setback requirements, a conditional use permit to operate a motor fuel sales operation in a retail business district, and a conditional use permit request to expand a carwash within a retail business district. Scott Hickok recommended a three foot canopy setback variance and a 15 foot greenspace setback variance on Glenda only in addition to a conditional use permit to expand the fuel sales with a series of Staff conditions and a recommendation of approval for a conditional use permit to expand the carwash with a series of conditions. Member Gowling asked for details regarding the parking that would occur along the eastern edge of the site adjacent to Cedar Avenue. She asked for extended plantings along the edge of the Cedar Avenue parking area. Member Gowling also asked for details regarding equipment to be screened on the roof and circulation of the vehicles using the carwash system. Member Kitzman asked for details regarding the concealed dumpsters which are located in the northeast corner of the site. Paul Graff cinder, 7525 West 147th Street, the applicant explained that he is the leasee and franchise owner for the Union 76 Station. He explained that if the curb lines were kept as proposed by the Staff one car could not pass another car under the canopy. This is a physical hardship. He noted that a 7 foot front canopy variance is requested and that a 5 foot front yard variance is requested to reduce the problem of vehicle space under the canopy. Don Egger, Engineer representing the applicant, stated that the pump islands will include three pumps per island, each with six hoses. These machines cost $12,000 and require additional curbing in order to protect them from vehicles. The space between pump islands needed for clearance is 28 feet. Member Gowling asked for details regarding the setback from the property line to the pump island curb line (16 feet). Member Kitzman asked for clarification regarding canopy height. The canopy will be 14 feet 6 inches in height to the bottom of the canopy and 17 feet in height to the top of the canopy. A general discussion ensued regarding the necessity for front landscaped setbacks. Community Development Director Dennis Welsch suggested that the Staff work with the applicant to provide a landscaped edge behind the City ornamental fencing at the edge of the sidewalk, thereby reducing the amount of greenspace necessary between the property line and the pump island on the front of the building. a f. Planning Commission Minutes June 19, 1991 Page 9 Chairperson Pro -tern Edgeton closed the public hearing. MOTION: A motion was made by Member Norris, seconded by Member Nordlund, to recommend approval of the following items.: 1) A 7 foot variance to the setback requirement for the pump island canopy. 2) A 10 foot variance to the parking setback requirement on 147th Street subject to a revised landscape plan illustrating hedge landscaping behind the City's ornamental fencing. 3) A 15 foot variance to the parking setback on Glenda Drive behind the propane tanks, subject to landscaping. 4) A conditional use permit for fuel sales operation in a retail business district subject to recessed lights in the canopy, propane tanks used as the only outdoor display, public address system used only for safety and customer communication, not advertising, a complete landscaped plan approved by the Staff, and new curbing and striping for parking areas and new circulation patterns. 5) A conditional use permit for a carwash expansion in a retail business district with the following conditions: a) Meet all of the setbacks for the retail business district. b) Have two circular patterns for vehicle access to the site. The motion carried unanimously 6 - 0. 6A. Consideration of Room Addition to Existing Dwelling LOCATION: 8465 - 142nd Court PETITIONER: Vicki J. Rapp Gabrielson (PC91- 028 -V) STAFF REPORT: June 19, 1991 by Associate Planner Meg McMonigal Associate Planner Meg McMonigal provided a background report in which she described the request by Mr. and Mrs. David Gabrielson to construct a house addition to within 19.5 feet of the rear property line. The City Code requires a 30 foot setback. A variance of 10.5 feet would be required. McMonigal noted that there was no physical hardship on the exterior of the house and that there were alternatives available for additions to the house. The Staff recommended that the variance be denied. Mrs. Gabrielson noted that the major concern was to open up the kitchen and dining room area providing more space. At a minimum, she requests that a solarium be allowed off the kitchen area for additional eating space. She noted that what was originally proposed was the ultimate proposal for expansion of this site. She also noted that no home is directly behind this house. It is situated between two homes located on an adjacent cul -de -sac. Member Gowling asked the Staff to clarify lot sizes. Member Kitzman asked for clarification regarding the existence of privacy fences along the back lot line (none). Member Nordlund asked whether a deck could be built on the site without a variance. The Staff responded that a deck could be built without a variance. Member Kitzman asked if the Planning Commission Minutes June 19, 1991 Page 10 applicant had talked with the neighbors and had discussed a possible fence area for screening. Member Gowling stated that the physical hardship in this case is that the lot is too shallow. MOTION: Member Gowling moved, seconded by Member Nordlund, to recommend approval of a variance to the rear setback to allow construction of a house addition to within 19.5 feet of the rear property line because of the shallow nature of the lot. The motion carried 4 -2. 8B. SPECIAL MEETING MOTION: A motion was made by Member Norris, seconded by Member Gowling, to not hold any special meeting on July 10 or 11. The motion carried unanimously. (In effect the Commission will only hold one meeting during July, and that will be held on July 17, 1991.) 8C. OTHER BUSINESS Community Development Director Dennis Welsch distributed a copy of the Comprehensive Plan Amendment Request Process which reconfirmed the ongoing process the Planning Commission and Staff have used in the past. The Commission accepted it and placed it on file. No action was necessary. 9. ADJOURNMENT The meeting adjourned at 10:55 p.m.