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HomeMy WebLinkAbout07/17/1991PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY July 17, 1991 1. CALL TO ORDER The July 17, 1991 meeting of the Apple Valley Planning Commission was called to order at 7:35 p.m. by Chairman Alan Felkner. Members Present: Chairman Felkner, Members Marcia Gowling, James Norris, Joe Nordlund, and Karen Edgeton. Members Absent: Jeannine Churchill and Eugene Kitzman. Staff Present: Richard 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 Item 6C (sideyard setback variance for new house at 7025 Upper 136th Street West) was added to the consent agenda. The motion to approve the agenda carried 5 - 0. 3. APPROVAL OF THE MINUTES OF THE JUNE 19, 1991 MEETING MOTION: A motion was made by Member Gowling, seconded by Member Edgeton, to approve the minutes of the June 19, 1991 meeting. The motion carried 4 - 0 - 1. 4. CONSENT AGENDA MOTION: A motion was made by Member Gowling, seconded by Member Norris, to recommend approval of a sideyard setback variance for a new home to be located at 7015 Upper 136th Street West by LaPierre Custom Homes (PC91- 036 -V) as per the staff recommendations. The motion carried unanimously 5 - 0. 5. PUBLIC HEARINGS A. 1) Fischer First Addition - Public Hearing for Single Family Preliminary Plat 2) Review of Temporary Excavation Permit LOCATION: Northwest Corner of Galaxie Avenue & 140th Street West PETITIONER: Mathias Fischer (PC91- 025 -S) STAFF REPORT: July 17, 1991 by City Planner Richard Kelley Planning Commission Minutes July 17, 1991 Page 2 A. 11 Fischer First Addition - Public Hearine for Sinele Family Preliminary Plat Chairman Alan Felkner reconvened the public hearing continued from the June 19, 1991 meeting. Chairman Alan Felkner asked the City Staff to provide a brief update and summarize previous meetings with the applicant Fischer Sand & Gravel. City Planner Richard Kelley provided a review of the Comprehensive Plan and zoning for the 47 lot preliminary plat which is primarily within an R -3 zone. He described the proposal for two cul -de -sacs from the Greenleaf addition being extended into the site using a tear drop design. Grading and retaining wall issues on the northeast side of the site were also reviewed in detail. Kelley described the street grades on the eastern portion of the site and how they would be reduced in slope, based on the most recent plan from 8% to 6% or less. This reduction in slope and a better grading plan also results for fewer tuck -under units. Kelley also described the timing of the grading of the site which would require an excavation permit on the east half of the site for the remainder of 1991. In addition, a grading permit would be issued with the preliminary plat approval. The grading permit would extend through the remainder of 1991 and all of 1992 to complete necessary subdivision grading for the site. Mr. Jerry Brill, Attorney representing Fischer Sand & Gravel, noted that there will be no retaining walls on the site because the applicant is working with the adjoining property owner, Mr. Snyder, to regrade his lot at the northeast corner of the east end of the project. He also described a seeded berm which would be constructed between the east half and west half of the project. The berm would be at !east seven feet in height. Brill noted that excess material on the east side will be removed from the site, whereas excess material from the west side of the site will be graded to both the east and west portions of the site. He pointed out that the final grading plan, as well as the excavation permit plan, will allow for the preservation of the trees along the north boundary of the site and that there will be no grading necessary on the Thorne property to the north of the project. The Planning Commission asked for clarification from the Staff regarding the task and request before making a decision. The Staff responded that the Commission's responsibility is to review the preliminary plat and grading plan to determine whether it meets the code. In addition the Planning Commission was asked to review the accompanying excavation permit to determine whether the excavation process would hinder the development of the preliminary plat. The Staff recommended that the excavation permit would not hinder the development of the preliminary plat. Bill Schinder, Fairlawn Avenue, asked for clarification regarding how much material would be removed from the site and to what depth the material would be removed. Mr. Brill responded that approximately 750,000 cubic yards would be handled on the site and that eventually 250,000 cubic yards of material would be permanently removed from the site. There was no further public comment. Chairman Felkner closed the public hearing. Planning Commission Minutes July 17, 1991 Page 3 MOTION: A motion was made by Member Gowling, seconded by Member Edgcton, to recommend approval of the preliminary plat as modified with the Staff conditions. The motion carried 5 - 0. A. 2) Fischer Excavation Permit Comments City Planner Kelley explained the grading and excavation permit process for this project. The excavation permit would be utilized only for the remainder of 1991 and would consist of regrading the east portion of the site from its current elevation to a maximum low elevation equivalent to the street grades of 140th Street. Material would be moved back and forth on the site to accomplish the final grading plan illustrated in the preliminary plat. There was no comment from the public and no comment from the Planning Commission. The consensus of the Planning Commission was that the excavation permit meshes well with the preliminary plat, but that the City Council and Staff should take care to provide adequate security bonds for reclamation, should the project falter. B. 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. W, Between Germane and Garrett Ave. PETITIONER: Dakota Electric Association (PC91- 018 -C) STAFF REPORT: July 17, 1991 by City Planner Richard Kelley Chairman Alan Felkner reconvened the public hearing continued from the June 17, 1991 meeting. Chairman Felkner asked the City Staff to provide a brief update and summary of the previous meetings with the applicant Dakota Electric Association. City Planner Richard Kelley provided a review of the Comprehensive Plan and zoning for the site proposed for a rezoning for a substation. The current zoning of the site is "M -8C" and the request is to rezone to "P" (Institutional Uses), also with a request for a conditional use permit to establish an electric substation south of 130th Street between Germane and Garrett Avenues. Kelley reviewed the topography and the site plan and the proposed landscaping around the substation. He noted that a substation can only be located on an adopted utility corridor shown in the City's Comprehensive Plan. The only corridors currently available are County Road 42 and along the western border of the City. He illustrated a map with a feeder system and the demand area for a substation with the primary location for a substation at the corner of Galaxie Avenue and Highway 77. Kelley noted that the following issues had been previously discussed: 1) Security 2) Fencing and visual appearance 3) Environmental review 4) Noise 5) Health effects, especially low level magnetic fields 6) Long range planning of the utility 7) Expansion of other substations Planning Commission Minutes July 17, 1991 Page 4 The Staff recommendation was that the rezoning and conditional use permit should be tabled indefinitely, or if a decision is requested by the Dakota Electric Association at this time, the request should be denied because the substation site is not located on an approved electric corridor. Ed Brunkhorst, representing Dakota Electric Association, asked the Planning Commission to consider designating a corridor from Cedar Avenue to the proposed utility substation site at 130th Street and Germane Avenue. Chairman Felkner responded that the site is not adjacent to a corridor and that it would be more valuable to the Planning Commission to hold the public hearings on corridor selection first then identify sites for a substation. A general discussion ensued regarding how the applicant would proceed if the Planning Commission tabled further discussion indefinitely. Chairman Felkner asked for new information from the public. Brian Broadwell responded that public health should be the highest priority issue regarding a substation location. He also asked for clarification regarding the EAW /EIS requirements. Chairman Felkner closed the public hearing. Felkner asked the petitioner whether a decision was necessary this evening. Ed Brunkhorst responded that the Dakota Electric Association would rather have the issue tabled than denied. MOTION: A motion was made by Member Gowling, seconded by Member Edgeton, to table the request for rezoning and a conditional use permit to establish a substation by Dakota Electric indefinitely. The motion carried unanimously. City Planner Kelley commented that the Dakota Electric request will not appear back on a Planning Commission agenda without a new public hearing notice being provided in the future. 6. LAND USE /ACTION ITEMS A. Utility Planning LOCATION: City -wide PETITIONER: City of Apple Valley STAFF REPORT: July 17, 1991 by City Planner Richard Kelley City Planner Richard Kelley explained to the Planning Commission the proposed method of holding public hearings on utility corridors during the upcoming summer and fall months. The Planning Commission agreed that the Staff should begin to establish a hearing process for amending the Comprehensive Plan Utility Section and to invite all the utilities to participate in the process. The Planning Commission recognized that the public hearings on the utility amendments will not be scheduled as a public hearing until the Fall of 1991. No further action was taken. B. Waterpark Townhomes Building Permit Authorization LOCATION: Southwest Corner of County Road #11 and 140th Street West PETITIONER: Waterpark Townhomes Partnership (PC91- 037 -B) STAFF REPORT: July 17, 1991 by City Planner Richard Kelley Planning Commission Minutes July 17, 1991 Page 5 City Planner Richard Kelley provided a background report explaining the request for a building permit authorization for seven, six -unit townhouse buildings containing a total of 42 rental dwelling units located on the south side of 140th Street adjacent to Lake Alimagnet. He explained that the Comprehensive Plan designates this site for multi - family housing of up to six units per acre, whereas the zoning for the site designates the site for multi - family housing of up to ten units per acre. Kelley reviewed the impact on the City Park to the south and explained the grading plan, roadways, landscape plan, and setbacks from adjoining properties. He noted that the pond capacity even with the regraded northern edge of the project as proposed by the applicant would retain the same capacity for storm water as currently exists. Kelley illustrated architectural plans for the building noting that the building will be clad in vinyl siding, the front will have dormers and numerous single and double car garage doors as well as decks on the backs of the units. The backs of the units are rather plain - looking. The Staff recommended approval of the building permit authorization, provided the appearance of the backs are improved, the landscape transition areas between urban and natural settings was complete, and the amount of dollars invested in landscaping meets the City ordinance requirements. Jack Brandt, representing the applicant, Hartford Investment, and Brian Gutman, Architect for the project, provided background on how the project was reduced from seventy - two units as proposed by H&Z Builders to the currant forty -two unit townhouse project. He noted that they are working with the homeowners surrounding the site regarding landscaping, colors of the building, exterior features on the building. Chairman Felkner asked for clarification regarding the performance standards on the exterior of the building. City Planner Kelley responded that the building exterior meets the criteria for an "M -5C" zone, wherein no brick product or natural wood product is required on the exterior of the building. Member Gowling asked the applicant for illustrations of other projects which they have completed in the area. Brandt responded that they have done numerous projects in the twin cities areas and have provided a list to the homeowners. He noted that Hartford Investments would be the developer owner and manager of the site. Each of the units would be unique, having a fireplace, most would have a two -car garage, Berber carpeting, a washer and a dryer, and three bedrooms. He also noted that the Twin Cities Apartment Guide has found that three bedroom townhouse rental projects have the lowest vacancy rate of any rental property. The rent for these units will be between $800 and $875 per month, exclusive of utilities. Chairman Felkner noted that this was not a public hearing but invited the public to comment on the proposed buildings. Jim Moser, 469 Reflection Road, asked for further information regarding the impact of this project upon Lake Alimagnet. He also asked for details of the chemical analysis and aeration study being completed by the City of Apple Valley and the City of Burnsville. Moser Planning Commission Minutes July 17, 1991 Page 6 asked that the Planning Commission do nothing until the lake study is complete and a study of traffic on 140th Street is complete. John Miller, 13667 Holyoke Lane, provided a handout to the Planning Commission Members and noted that this project was better than the H &Z proposal of the past. He asked the proponents to abide with the same covenants as the homeowners in the area and to increase the size of the project from 1200 s.f. to unit to 1400 s.f, per unit. He also asked that all garages be two car garages and that the exteriors be of brick and redwood. In addition, he felt that the rear of the building should include decks, porches, dormers and different colors on the rear of the building. He asked that the Planning Commission require recreation or play area space, because many of the units may have children. He asked that the Commission also consider a 12 -month landscape in which conifers and deciduous trees are mixed, particularly along the east side of the project. He asked that the project include sprinkler systems. Mr. Miller also asked that the eastern unit (Building #7) be setback at least 60 feet from the east property line and that the density of the entire project be changed to six units per acre. Jack Brandt responded that the applicants will provide play apparatus, landscaping, and buffering all on the east end of the project. He noted that the project already reduces the density from 72 units to 42 units. He did note that increasing s.f., adding brick, and screen porches cannot be done economically within the budget of the project. Member Edgeton asked for clarification regarding the setbacks. City Planner Kelley responded that the setback from the property line on a sideyard is 25 feet. In addition to the 25 feet within the project setback, there is an additional twenty feet owned by the City for a future path. Together they provide 45 feet of setback from the property line of the single family development. John Miller questioned the need for a pathway along the east side of the project. Member Edgeton asked the Staff to respond to the removal of the path and placement of buffering on the site. The Staff will review this with the City Park department. Mr. Miller responded that the project itself should be setback 60 feet from its own property line. Member Gowling asked for clarification regarding the lake impacts in the previous environmental assessment worksheet done for the H &Z site. City Planner Kelley responded that the H &Z project showed that the newly constructed pond would accommodate and disperse water into Lake Alimagnet at an acceptable rate. Chairman Felkner asked if the EAW was still available and could be distributed to those who wish to have a copy. The Staff responded that it is available and if a request is made, the Staff will see that copies are provided. A general discussion of the lake impact ensued. Brad Blackett, 457 Reflection Road, stated that the environmental assessment worksheet may need to be updated, because the impact on the lake is cumulative, and not an isolated event. Tom Carlson, 8955 138th Street Court, stated that a 1% to 3% increase in the impact on the lake is not acceptable. Planning Commission Minutes July 17, 1991 Page 7 Don Romaine, 405 Reflection Road, objected to the project on the basis that the project was not comparable to a recently approved Wensmann project, that the architecture was uninspiring, that it allowed additional access to the lake, and that it provided three bedroom units with only one car garage. Brad Blackett, 457 Reflection Road, stated that the original H &Z preliminary plat included a design for the pond which would create emergent vegetation on a pond shelf. He noted that this has not occurred. In addition, the approval of the H &Z was to include native grasses along the edges of the pond and the remainder of the site. The native grasses have not occurred. Blackett also noted that there are two open wells on the site which have not been capped by H &Z and recommended that the City begin capping the wells immediately to eliminate the possibility of ground water pollution. In addition, he noted that there was a stipulation in the H &Z preliminary plat approval which included construction of a pathway along the shoreline, this has not been done either. Ed Holmes, 8921 138th Street Court, expressed concern over the health of the lake and the loss of wetlands. He noted that because of the H &Z project, the site has gained a pond. This project would reduce the density from 72 units which have already been approved to a 42 unit project. He asked the Planning Commission to review an environmental assessment worksheet that was completed and determine whether it still was applicable. Holmes noted that the vinyl siding, if of high quality, would not disintegrate. He recommended that the Commission prohibit the establishment of a pier on the lake for this project. He also recommended that the backs of the structure be redesigned to include dormers, decks, shutters on the second story, a difference in color of the siding, and colors to fit with the adjoining property owners colors. He recommended that the walkway was not necessary to connect the park from 140th Street. He expressed concern with the transition from Unit #7 to the adjoining property units and asked for additional landscaping to lighten the impact. He recommended that Building #7 be reduced in the number of units to reduce the density. He also recommended that a cooperative agreement is needed with the developer. An unidentified woman, living adjacent to Unit #7, said she was opposed to the view of Unit #7 from her house. Don Romaine, 405 Reflection Road, stated that the $56,000 cost per unit seemed low for the value in the project and asked for clarification regarding fireplace units in each of the apartment units. Romaine also asked for clarification regarding the hearing process. Chairman Felkner noted that this was not a public hearing. The public hearing had been held previously, and this in fact was a building permit authorization review by the Planning Commission. Candace Vigter, 8952 138th Street Court recommended that a new design for the rear of the building be undertaken. She expressed concern with the natural areas and with the garbage removal by individual renters. Chairman Felkner asked the Staff to review the impacts of the previous projects versus the current project on the lake. Planning Commission Minutes July 17, 1991 Page 8 Mr. Brandt stated that he will meet with a representative of the homeowners to work on amendments to the proposal, and to review the amendments that he has already proposed. Jim Moser, 469 Reflection Road, asked for clarification on how assessments would be levied for lake improvements, if necessary. City Planner Kelley explained the process of special assessment based on benefit. Member Gowling asked the Staff to address Brad Blackett's list of concerns. The Staff will respond to Mr. Blackett's concerns prior to the next meeting. An unidentified resident asked the Planning Commission to familiarize themselves with the Alimagnet Lake Study and the impacts of this study as well as the timelines for the study. The Planning Commission asked the Staff to provide background on the study and the timelines. The Staff will supply this information as soon as its available. Chairman Felkner and Members of the Commission agreed to table further action on this issue until the first meeting in August (August 7th). 7. DISCUSSION ITEMS Items 7A (Comprehensive Plan Revisions - Transportation Chapter), 7B (Comprehensive Plan Revisions - Survey & Analysis Chapter), and 7C (Comprehensive Plan Amendment Process) were tabled by the Planning Commission until August 7th, at which time a study meeting will be held from 5:30 to 7:30 p.m, in the City Hall Conference Room. A light dinner will be provided by the City. 8. ADJOURNMENT The meeting adjourned at 10:31 p.m.