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HomeMy WebLinkAbout02/21/1990C®rreezed CaP PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY FEBRUARY 21, 1990 1. CALL TO ORDER The February 21, 1990 meeting of the Apple Valley Planning Commission was called to order by Chairman Robert Erickson at 7:32 p.m. in the City Council Chambers of the City of Apple Valley City Hall. Members Present: Chairman Erickson, Members Carlson, Gowling, Weldon, Felkner, Sterling, and Kleckner. Staff Present: Richard Kelley, Meg McMonigal, Scott Hickok, Linda Brinkhaus, Kurt Chatfield, Deborah Asselanis, Dennis Welsch, and Keith Gordon. Other Present: See the sign -in sheet. 2. APPROVAL OF AGENDA MOTION: A motion was made by Member Carlson, seconded by Member Gowling, to amend the agenda to include Item 6B (Hyland Shores Sign Variance PC90- 006 -V) to the consent agenda. The motion carried unanimously. MOTION: A motion was made by Member Felkner, seconded by Member Sterling, to approve the agenda as amended. The motion carried unanimously. 3. APPROVAL OF THE MINUTES OF FEBRUARY 7, 1990 MEETING MOTION: A motion was made by Member Carlson, seconded by Member Gowling, to approve the minutes of the February 7, 1990 meeting. The motion carried 5 - 0, with 2 members abstaining (Kleckner and Sterling). 4. CONSENT AGENDA (One motion sends items needing no discussion on to the City Council with staff recommendations.) MOTION: A motion was made by Member Sterling, seconded by Member Weldon, to recommend approval of a sign variance for Hyland Shores Development proposed by Scott Johnson PC90 -006 -V located at Highland Avenue and 160th Street as per the Staff recommendation. The motion carried unanimously. Planning Commission Minutes February 21, 1990 Page 2 5. PUBLIC HEARINGS Chairman Robert Erickson opened the public hearing section of the Planning Commission meeting and requested Staff to provide background information related to the first public hearing case, the Render rezoning and preliminary plat. A. Render Development - Rezoning from "A ", Agriculture to "R -3 ", Single Family and Preliminary Plat LOCATION: Johnny Cake Ridge Road, South of Highway #77 PETITIONER: Render Development, Inc. (PC90- 009 -PZ) STAFF REPORT: February 21, 1990 by Associate Planner Meg McMonigal Associate Planner Meg McMonigal provided a background report explaining a rezoning and preliminary plat request by Render Development, Inc. for an 8.28 acre parcel of land adjacent to Johnny Cake Ridge Road and Finch Way. She described the proposal for 23 lots and the extension of roads and pathways through the project. McMonigal noted that an issue to be resolved is the access onto Johnny Cake Ridge Road. The adjacent property to the north, owned by Christ Church, was required to dedicate a 100 foot long by 30 foot wide road access to be used as a joint road onto Johnny Cake Ridge Road. McMonigal also noted that the grading plan has not been updated to accurately depict the existing and proposed grades. She recommended that the grading plan be updated. Chairman Erickson asked for clarification regarding the distances between the proposed new road and the church driveway. Staff responded that the distance would be approximately 150 feet. City Planner Richard Kelley explained the City's policy of separating entrances onto community collector streets. Members Carlson and Kleckner led a general discussion regarding the access locations to the project and suggested that one common access in coordination with the church would be preferable. Member Kleckner suggested that a bubble or cul -de -sac along the new proposed road at the southeast corner of the project may be an acceptable way to provide additional lots. Jim Render of Render Development, 5120 Edina Industrial Blvd., Edina, Minnesota, stated that there will be 23 lots in this proposal. The homes to be built on the lots will cost between $150,000 and $160,000. He stated that he strongly prefers a single entrance for the plat and asks the Commission to consider why a shared access with the church would create a problem since the church only uses an access on Sunday when other traffic flows are much lighter. Render noted that only 40% of the parking for the church will be built in the first phase and this too will reduce the amount of traffic created on Johnny Cake Ridge Road. Planning Commission Minutes February 21, 1990 Page 3 Bill Maurer of Probe Engineering, representing Render Development, explained to the Commission that the engineers had looked at redesigning the subdivision to include a bubble or a cul -de -sac at the southeast corner, but lost at least one lot. He also noted that there would be no stacking distance available for a street which curved into the church property. He suggested that it may be better to allow the church to stack within their own parking lot and enter Johnny Cake Ridge Road through a private driveway. Greg Zeno, 6105 W. 130th Street, recommended to the Planning Commission the use of cul -de -sac or bubble in the southeast corner of the project because it would reduce the tracked appearance of the development and would be a more creative solution. He discussed the accesses off of Johnny Cake Ridge Road and concurred with the Planning Commission that the fewer accesses onto Johnny Cake Ridge Road at this point, the better. City Engineer Keith Gordon stated that the utilities are close to the site, but that some existing streets will have to be dug up and repaired in order to provide utility connections, in particular he identified Finch and 130th Streets. Mr. Render noted that the grading plan will be updated in the very near future and submitted to the Staff and Commission for review. Member Sterling said that this situation may be similar to the Grace Lutheran Church entrances onto Pennock Avenue and adjacent to Jonathan Drive. Keith Gordon responded that there are two accesses from Grace Lutheran Church, but the northern access is too close to Country Road 42. The southern access, adjacent to or close by Jonathan Drive, creates no problem. Greg Zeno asked for clarification regarding the stoplight or stop sign configuration that will be installed at the intersection of Highway 77 and Johnny Cake Ridge Road. City Planner Richard Kelley responded that the intersection will be designed for a stoplight, but initially there will be stop sign installed. There were no further comments from the public. Chairman Erickson closed the public hearing. B. Coady South - Comprehensive Plan Amendment from "MD", Medium Density to "LD ", Low Density, and Rezoning from "R -1" to "M -3A" LOCATION: Southwest Corner of Cedar Avenue and Zoo Road PETITIONER: City of Apple Valley (PC89- 040 -ZP) STAFF REPORT: February 21, 1990 by Associate Planner Meg McMonigal Associate Planner Meg McMonigal summarized the zoning consistency case noting that the comprehensive plan and the zoning needed to be Planning Commission Minutes February 21, 1990 Page 4 brought into consistency. She noted that the zoning allows for large, single - family lots, while the comprehensive plan designates the area for medium density, residential of 6 to 12 units per acre. The staff recommendation noted that the site is low and poorly served by access to collector streets. Any traffic generated will have to use 132nd Street. Staff recommended that the land use density designated by the comprehensive plan be designed from "MD" to "LD" (low density, multi- family) and that the zoning be changed to "M -3A" for multi- residences. McMonigal noted that another type of use appropriate for the site would be institutional uses, such as churches. She explained that the "M -3" pro- posed zoning would generate approximately 560 vehicle trips per day. Chairman Robert Erickson opened the public hearing. Chairman Erickson read a letter dated February 21, 1990 into the record. Mr. Coady noted that other than the contents of the aforementioned letter, there were no additional comments necessary. Chairman Erickson asked for clarification on the noise standards mentioned in the letter. Associate Planner McMonigal noted that Cedar Avenue is a State Trunk Highway exempt from the noise standards sited in the letter. Chairman Erickson noted that the property owner, William Coady, invited the Planning Commission to meet on March 5th and /or March 6th on the site to hear and see the problems regarding noise and site lines. Commission members were to contact Coady to set up a time to meet him there. Chairman Erickson asked Mr. Coady to show how traffic access would be handled if a proposed limited business use were approved on the site. Coady noted that a limited business use would probably be a smaller office building. Coady at this moment has no plans available to illustrate the office building. Mr. Coady stated that he felt the noise standards do apply to this site and that he had talked with the PCA regarding this situation in the last few days. He stated that the site is not marketable at this time for single - family homeowners and that if multi - family housing were pursued, the site would become a slum area with need of government assistance providing only for low income families. Chairman Erickson noted that the roads and access to the site create prohibitions for many types of housing and asked Mr. Coady to clarify. Coady noted that no housing would be marketable on this site currently. A general discussion of the access to this site, which is located at the southeast corner of this site ensued. Coady noted he had received no interest from churches regarding the use of this site or the zoning of this site for institutional purposes. Planning Commission Minutes February 21, 1990 Page 5 Chairman Erickson directed the Staff to seek an opinion from the City Attorney's office regarding the applicability of the noise standards as stated by Mr. Coady. Chairman Erickson asked the Staff to determine the number of trips that would be generated by a limited business office use. Associate Planner McMonigal noted that it would be approximately 15 trips per 1,000 square feet of space. Member Kleckner stated that multi - family uses may be appropriate on this site if properly designed. He also noted that access to the site may create problems for limited business because rental of a building without an immediately visible access is very difficult. A general discussion of the use of highway corridor standards to reduce noise and visual impacts of the highway on this site ensued. Kelley noted that such standards may increase the cost by as little as 5 %. Associate Planner Meg McMonigal noted that the comprehensive plan designation could be low "LD /LB -1" while the zoning could be designated as "M -3" with the potential for "LB -1" by requesting a rezoning at a future date. Mr. Coady noted that he had previously requested "LB" zoning and discussed the past history of his planning and consultant's work on the site. Associate Planner McMonigal noted that at the next meeting the Staff will provide further information regarding the noise standards and a clear differentiation between the use of limited business zoning and multi- family housing on this site. Member Kleckner stated that the Commission should consider using the comprehensive plan for flexibility and then allow the applicant to add new zoning at a future date. Member Carlson stated that in the summer of 1989, he had tabled further discussion on this issue while awaiting Mr. Coady's more definite plans regarding the end use for this site. Coady responded that there were no more definite plans available at this time. Chairman Erickson closed the public hearing. C. Apple Ponds Exceptions - Rezoning from " A " , Agriculture to "M -6B" or "C" and "M -8B" or "C" LOCATION: East Side of Cedar Avenue Between 155th and 157th Streets West PETITIONER: City of Apple Valley (PC90- 008 -PZ) STAFF REPORT: February 21, 1990 by City Planner Richard Kelley Planning Commission Minutes February 21, 1990 Page 6 City Planner Richard Kelley provided a background for the public hearing which illustrated that the site is currently zoned for agricultural uses, but is designated on the comprehensive plan for multi- family uses at densities of 6 to 12 units per acre in one area and 12 or more units on another portion of the site. He noted that the owners of the site (The Carroll Family) have indicated a preference for retail business along 155th Street West. Kelley noted that the retail business destination existed on the comprehensive plan from 1985 to June 1989. Reid Hansen of McMenomy, Hansen, Carroll and McCann Law Firm, representing the Carroll family, stated that the Carrolls object to the rezoning of the northern portion of the site for multi - family, noting that the site is properly situated for commercial development. Mr. Hansen provided back- ground information regarding the previous designation of the area along 155th Street as a retail business area. He noted that the Carrolls had donated their land for 155th Street in consideration for a comp plan designation of retail business along the south side of 155th Street. In October of 1985, the City Council had changed the comprehensive plan to retail business along the north side with the anticipation of the south side of 155th would also be retail business at some future date. With the rest of the area south of 155th to be a higher density, multi - family site. Hansen noted that the Carroll family is currently in negotiations with a potential user for the site. He would like the site rezoned to some type of commercial use. Chairman Erickson stated that retail business may not be an appropriate buffer for single - family uses. A general discussion of the zoning and past history ensued. Hanson noted that the value difference between multi- family and retail business is very significant and affects the overall valuation of the Carroll property. Kelley noted that when Menards was constructed, Menards was requested to include buffers in their project - including screening landscaping, noise abatement, and building design in order to reduce the impact on the land south of 155th Street. Menards has become an adequate buffer with no need for additional retail buffers. Brian Jergenson, 7250 157th Street W., said that he objected to commercial development on the site and asked for further clarification regarding what developers have approached the City for uses on the site. In addition, Mr. Jergenson asked for clarification regarding the number of units that would be allowable on the site. A general discussion of the densities for development on the site ensued with examples of quads, three -story walk -up apartments at 18 units per acre, townhouse projects of 4 units per acre, and other clustered building design discussions. Planning Commission Minutes February 21, 1990 Page 7 City Planner Kelley noted that Clark Oil is interested in a portion of the site, as well as the original soccer field building operators interested in a portion of the site on the far east end of 155th Street. He noted that a three -story building would be the limitation for the areas along 157th Street and that these three -story apartments have a maximum density of 12 units per acre. Jennifer Poepping, 7247 Upper 157th Street W., expressed concern about the value of the new homes being reduced by the introduction of townhouses and apartments, as well as gravel pits to the east. Member Felkner stated he was concerned that the addition of more retail business space may not be a significant buffer adjacent to single - family homes. Jennifer Poepping asked for further details regarding the site plans on the site and asked to be notified when additional details are available. City Planner Kelley provided background on the performance standards and setbacks required for "B" and "C" types of multi - family housing. Mary Jergenson, 7250 157th Street W., asked for clarification regarding where townhouses would be located and how access would be gained onto 157th Street or Cedar. City Planner Kelley noted that there will be no access onto Cedar, but only onto 155th and 157th and perhaps Galaxie Avenue to the east. There would be a very limited number of direct driveway accesses by townhouses onto 157th Street. He also noted that at least one north /south street connection will be made between 155th and 157th Street. Mary Jergenson asked the Commission to consider protecting the Canadian geese nesting areas that are in or near the development site. Reid Hansen stated that 157th should be buffered. The single- family homes along 157th should be buffered by multi- family housing to a depth at least as wide as the parcel along its eastern perimeter adjacent to Galaxie Avenue. Chairman Erickson closed the public hearing. 6. LAND /USE ACTION ITEMS C. Hidden Ponds Rezonings LOCATION: North of Zoo PETITIONER: City of Apple STAFF REPORT: February 15, - Comprehensive Plan Amendments and Road and East of Cedar Valley (PC89- 083 -ZP) 1990 by Planning Intern Avenue Kurt Chatfield Member Kleckner stepped down from the Planning Commission table and sat in the audience. Planning Commission Minutes February 21, 1990 Page 8 Planning Intern Kurt Chatfield provided a Staff report and background information regarding the zoning consistency case for this site. He summarized the issues as follows: Comprehensive Plan The Planning Staff recommends that the existing "MD" designation be changed to the following (for details see Exhibit A): SF - for existing single- family home areas. LD - for existing duplex areas. HD - for existing apartments. HD - for Lot 1, Block 1 of Hidden Ponds (vacant lot). Zoning The Planning Staff recommends that the existing "M -8C" zoning designation be changed to the following (for details see Exhibit B): R -3 - for existing single- family home areas. R -3 - for existing duplex areas. M -7C - for Lot 1, Block 1 of Hidden Ponds. Existing apartments will remain "M -8C ". Planning Intern Kurt Chatfield noted that the property owner has requested "M -8C" designation on the vacant Lot 1, Block 1 and on duplex lot, Lot 2, Block 1. The Staff recommended the use of "R -5" on Lot 2, Block 1. Chatfield stated that the two sites could be developed independently or could be consolidated into one tax parcel for development as an "M -7C" multi - family apartment site. A general discussion ensued regarding the difference between "M -7C" and "M -8C ". MOTION: A motion was made by Member Carlson, seconded by Member Weldon, to recommend approval of the comprehensive plan and zoning changes as per the Staff report of February 15, 1990. The motion carried unanimously, 6 - 0 (Kleckner had previously sat in audience) D. Domestic /Calistro - Comprehensive Plan Amendments and Rezonings LOCATION: West of Cedar, Between 138th and 140th Streets PETITIONER: City of Apple Valley (PC89- 051 -Z) STAFF REPORT: February 15, 1990 by City Planner Richard Kelley City Planner Richard Kelley provided a background report discussing the proposal to change the existing "R -1" and "RC1" zoning to a multi- Planning Commission Minutes February 21, 1990 Page 9 family residential density of "M -1B" and "M -6B ". A discussion ensued regarding the trips generated per day noting that post office vehicles are considered a separate trip when a mail truck visits each house. Kelley noted that the City Engineer has reviewed the request to cut a drive through in the median at 140th Street. This is not recommended by the Staff because of safety problems with crossing traffic. He also noted that Dakota County will not approve a signal at 138th and Cedar Avenue. The Staff recommended that the comprehensive plan be updated to low density and moderate density mixed residential development and that the site be rezoned to "M -1B" and "M -6B ", respectively. Member Felkner asked for clarification regarding the county design of Cedar Avenue, asking whether a prepared -to -stop flashing sign could be installed at the top of the hill. Kelley responded that this would be a retrofit according to the County and it is normally used in visually obstructed traffic lanes, but that Cedar Avenue is dangerous because of the slope wherein traffic increases speed. A more likely solution to the safety problem would be that the County would close the intersection of 138th and Cedar Avenue. A general discussion ensued regarding traffic and speed on Cedar Avenue and Pennock Avenue. MOTION: A motion was made by Member Felkner, seconded by Member Weldon, to recommend a comprehensive plan and zoning amendment to be changed as per the Staff recommendations, including moderate density development and low density development, as well as rezonings to "M -6B" and "M -1B" with a central road designation to define the division between the various zoning use. The motion carried unanimously, 6 - 0. E. McNamara /and Others - Comprehensive Plan Amendments and Rezonings LOCATION: Between Cedar and Pennock, North of 138th Street PETITIONER: City of Apple Valley (PC89- 059 -Z) STAFF REPORT: February 21, 1990 by Associate Planner Meg McMonigal Associate Planner Meg McMonigal provided a background report in which she reviewed the proposed change in the Land Use Guide Plan from "LD ", low density residential, to a combination of "LD" and "SF ", single - family residential, and a rezoning from "R -1 ", large lot single - family, to "R -3" single - family, "R -5 ", duplex, "M -IA" 3 to 4 units per acre, "M -2" 3 to 5 units per acre, or "M -3A" 3 to 6 units per acre. She reviewed the number of units population and trips generated by the three types of zoning districts proposed. McMonigal noted that only in the "M -lA" zone is a detached single- family housing unit permitted. She recommended that the comprehensive plan be changed from low density 3 to 6 units per acre to a combination of low density and single - family units and that the zoning be changed from "R -1" to "R -3" and to Planning Commission Minutes February 21, 1990 Page 10 "M -1 ". A general discussion of official mapping within the proposed road system corridor ensued. Member Sterling asked for clarification regarding the procedure to dedicate park land in the area. A consensus of the Committee was that the Planning Commission will not resolve the park issue until such time as a future development plan is proposed. Chairman Erickson asked Staff to provide direction to the Planning Commission on a policy regarding street development and construction for this area in order to avoid piece meal projects. NOTION: A motion was made by Member Sterling, seconded by Member Weldon, to recommend a comp plan designations single- family and low density as per the proposal and maps by the City Planning Staff. The motion carried 6 -0. Member Carlson asked what would be the difference between the previous Vista /Domestic case and the lower density multi - family adjacent to Cedar Avenue in the McNamara case. Chairman Erickson stated that the higher density would allow for better development at the intersection corner. McMonigal noted that the lower density on the McNamara site is proposed in order to reduce or limit the amount of additional traffic flowing through the 138th and Pennock area. In addition, the McNamara area has fewer road accesses either to Cedar or to the south. A general discussion ensued regarding the density differences between 2 and 3 floor apartment buildings. Member Sterling stated that "M -1" zoning would be more compatible with adjacent single - family development. Chairman Erickson noted that it would be easier and more flexible for the developer to designate the site as "M -3" and allow the developer to down zone to "M -1" than to do the reverse. City Planner Kelley provided some examples of 3 to 6 unit townhouse projects across the street from single - family home areas and in particular, pointed out the Wildwood Townhouse project, which is a 4 unit per acre project. Member Gowling stated that when the land becomes scarce within the Apple Valley area, single- family development will develop along Cedar Avenue. MOTION: A motion was made by Member Sterling, seconded by Member Felkner, to rezone the "R -1" area to a combination of "R -3" and "M-IA". The motion failed 5 - 1. Planning Commission Minutes February 21, 1990 Page 11 MOTION: A motion was made by Weldon, to rezone the "R -1" areas discussion of the motion ensued in comparison of the additional vehicle "M -3A ". McMonigal responded that the the "M -3A" would produce 576 vehicle developer could always request a down thus, the "M -3" is more flexible than Member Felkner, seconded by Member to "R -3" and "M -3A ". A general which Member Sterling requested a projected between an "M -1A" and an "M -IA" would provide 384 trips while trips. Member Felkner noted that a zoning to "M -IA" from the "M -3" and an "M -IA" designation. The motion carried 5 - 1. F. Ulrich Farm - Rezoning from "A" Agriculture to "M -6A" LOCATION: Northeast Corner of Pilot Knob and County Road 38 PETITIONER: City of Apple Valley (PC90- 003 -Z) STAFF REPORT: February 21, 1990 by Community Development Director Dennis Welsch Community Development Director Dennis Welsch provided a background description in which he noted that the zoning district and the compre- hensive plan designations for the Ulrich property are not consistent. The zoning designation allows for agricultural uses, while the comprehensive plan allows for a moderate density, multi- family land use. He noted that a moderate density land use would allows for 6 to 12 units per acre. On this 7 acre site, approximately 84 units would be allowed in a moderate density development. The Planning Staff recommended a rezoning of this site from "A" to "M -6A" allowing 6 to 12 units per acre and being consistent with the existing City comprehensive plan designation of "MD ". The Planning Commission reviewed the comments from the public hearing on February 7th and discussed driveway accesses on Highway 38 and traffic congestion along Pilot Knob Road. The Commission requested more detail at a later date regarding the design and ultimate land use designation for any expansion of the golf course maintenance buildings onto the Ulrich site. MOTION: A motion was made by Gowling, to recommend rezoning of the The motion carried unanimously, 6 - 0. Member Carlson, seconded by Member Ulrich parcel from "A" to "M -6A ". 7. DISCUSSION ITEMS A. 1990 Goals - Sterling Planning Commission Minutes February 28, 1990 Page 12 Virginia Sterling provided a verbal report from the January 18th and 19th City Council Goal Setting Sessions, noting the process and the individual goals that were discussed. The Commission accepted the report and placed it on file. B. Growth Projections - Chatfield Planning Intern Kurt Chatfield provided a description of the growth projections for Apple Valley based upon a project he and other members of the Staff have been working on. He illustrated household size, vacant residential land, and population projections through the year 2005. After a general discussion, the Planning Commission accepted the report and placed it on file. 8. OTHER BUSINESS A. 1990 Minnesota State Planning Conference The Planning Staff was directed to provide three full memberships to the State Planning Conference to be held in early May in Bloomington. B. Planners Periscope - A Look At Future Meetings This information will be mailed out at a later date by Associate Planner Meg McMonigal. C. Planning Commission Liability Member Carlson asked the Staff to request a legal opinion from the City Attorney regarding the coverage that the Planning Commission Members have individually within the City insurance policy if members of the Commission were sued regarding City decisions or business. The Staff will request an opinion from the City Attorney. 9. ADJOURNMENT The meeting adjourned at 10:57 p.m. kg