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HomeMy WebLinkAbout03/07/1990L e°e y 1. CALL TO ORDER PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY MARCH 7, 1990 The March 7, 1990 meeting of the Apple Valley Planning Commission was called to order by Chairman Robert Erickson at 7:35 p.m. in the City Council Chambers of the City of Apple Valley City Hall. Members Present: Staff Present: Others Present: 2. APPROVAL OF AGENDA Chairman Erickson, Members Carlson, Felkner, Sterling, Kleckner, Gowling, and Weldon. Richard Kelley, Meg McMonigal, Keith Gordon, and Linda Brinkhaus. Greg Zeno, 6105 W. 130th, Apple Valley, Minnesota. MOTION: A motion was made by Member Gowling, seconded by Member Sterling, to amend the agenda to read "location of the Coady south property is in the southeast corner of Cedar Avenue and the Zoo Road." The motion also included adding Item 7A - to discuss the gravel article in today's Countryside newspaper. The motion carried unanimously. 3. APPROVAL OF THE MINUTES OF MARCH 21, 1990 Page 5, paragraph 3, second sentence, should read, "Kelley noted that such standards may increase the cost by as little as 5%." Page 6, paragraph 2, should read, "Reid Hansen of McMenomy, Hansen, Carroll and McCann Law Firm, representing the Carroll family..." MOTION: A motion was made by Member Felkner, seconded by Member Sterling, to approve the minutes as amended. The motion carried 6 - 0, Kleckner abstained. 4. CONSENT AGENDA (One motion sends items needing no discussion on to the City Council with staff recommendations.) 01I'iTdA 5. PUBLIC HEARINGS None. Planning Commission Minutes March 7, 1990 Page 2 6. LAND USE /ACTION ITEMS A. Render Development - Rezoning from "A ", Agriculture, to "R -3 ", Single Family and Residential Plat LOCATION: Johnny Cake Ridge Road, South of Highway #77 PETITIONER: Render Development, Inc. (PC90- 009 -PZ) STAFF REPORT: March 7, 1990 by Associate Planner Meg McMonigal Associate Planner Meg McMonigal provided a background report reviewing the rezoning and preliminary plat requirements 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. Three issues were identified regarding this land action item. The first issue involved the continuation of the trailway to Finch Way from Johnny Cake Ridge Road. The Staff requests that an easement be dedicated to the City for trailway placement. The exact location of the trailway would be identified after the grading plan is finalized. The second issue revolved around the outlot along Finch Way on the southwest corner of the property. This outlot is owned by the City. The plans submitted by Render show this outlot added to Lot 1, Block 1, of the property. Staff investigated the history of this outlot and found that the parcel had been acquired by tax forfeiture and according to the terms of the deed cannot be sold. It is to be used for access only and continue to be the property of the City. A discussion followed between a Render Development representative, Planning Staff and the Planning Commission Members. Meg McMonigal pointed out that a problem would arise with Lot 1 meeting the required minimum lot size. She stated that it would be acceptable to Staff to allow a variance to the lot size due to the open space provided by the outlot. Member Gowling questioned who would maintain the lot. Member Carlson stated that it would be the City's responsibility to maintain. Member Kleckner asked whether any request for a variance had been made. McMonigal responded, no. The third issue on this property dealt with street access. McMonigal reviewed three alternatives. The first alternative connected a new street through the property with the second entrance to the Christ Church property. The church property was required to dedicate a 100 foot long and 30 foot wide road access to be used as a joint road onto Johnny Cake Ridge Road. The second alternative was to allow a straight road through the property as was planned by Render Development. The third development involved the creation of a cul -de -sac with lots backing onto Johnny Cake Ridge Road. Staff recommended that the street be connected straight through to Johnny Cake because of 1) the City's desire to limit the use of cul -de -sacs where possible, 2) the City's policy to connect streets wherever possible to provide the most alternatives for traffic, and 3) to reduce the mixing of residential traffic with church traffic, so that Planning Commission Minutes March 7, 1990 Page 3 church traffic exits directly onto Johnny Cake Ridge Road rather than winding through neighborhoods. A general discussion followed on the three alternatives by members of the Planning Commission. Concern was raised by Member Kleckner on the close proximity of the southern church access and the new roads in this development. Chairman Erickson asked City Engineer Keith Gordon for his opinion on this issue. Gordon felt that access from this new street would always involve low volumes of traffic and the church would only produce heavy traffic at certain times of day and week. Gordon also added the possibility of requesting that the church move their southern access farther north to increase the distance between the two access points. NOTION: A motion was made by Member Sterling, seconded by Member Kleckner, to rezone the property from "A ", Agricultural, to "R -3", Single Family Residential. The motion passed unanimously. NOTION: A second motion was made by Member Kleckner, seconded by Member Gowling, to adopt the second alternative for street placement as recommended by Staff and in the planning process require the trail easement to be granted to the City and that the outlot be used purely as access to the development. Another discussion followed on the street access. Chairman Erickson took the motion to a vote and the motion carried 6 - 1. Chairman Erickson requested that the Staff work with the Developer and City Attorney to identify alternatives to the outlot use and have the matter resolved before the March 22nd City Council Meeting. B. Coady South - Comprehensive Plan Amendment from "MD ", Medium Density, to "LD ", Low Density, and Rezoning from "R-I" to "M -3A" LOCATION: Southwest Corner of Cedar Avenue and Zoo Road PETITIONER: City of Apple Valley (PC89- 040 -ZP) STAFF REPORT: March 7, 1990 by Associate Planner Meg McMonigal Associate Planner Meg McMonigal presented this land action item to the Planning Commission. There is an inconsistency between the compre- hensive plan and the zoning on this parcel. The zoning allows for large single - family lots, while the comprehensive plan designates the area for medium density, residential 6 to 12 units per acre. Mr. Coady has indicated that he thinks the designation should be changed to limited business on this site. Apple Valley's development policy has been to concentrate commercial development in the downtown area. Although some limited business has been designated along Cedar Avenue, it has only been designated as far north as 140th Street. To gain such designation, it must be demonstrated to the City that it is a viable use for the site and that it would not deter from the downtown area. An office building might be a reasonable use of this parcel in the future. The office market in Planning Commission Minutes March 7, 1990 Page 4 Apple Valley is currently saturated and unless a building is almost fully leased, the lender will not provide financing. Several buildings have been approved, but not built because of space available. Because it has not been demonstrated that limited business is a viable use on this site and to change the designation to limited business would deviate from the City's policy of containing commercial development of the downtown area, it was recommended, by Staff, that this site continue to be designated for residential purposes. It was recommended that the comprehensive plan be changed from "MD ", Medium Density, 6 to 12 units per acre, to "LD ", Low Density, 3 to 6 units per acre, and the zoning be changed from "R -1" to "M -3A ", Multiple Residential, 3 to 6 units per acre. Following the Staff presentation, Chairman Erickson led a discussion concerning the low density designation at the busy intersection of Cedar and the Zoo Road. Chairman Erickson felt that there needs to be more of a buffer between the single - family, the low density, and this intersection. Possibly, a moderate density area could further buffer the single- family area. Member Kleckner felt that the owner needs the opportunity to be flexible to attract development to this site and therefore, would recommend zoning change for the eastern half of the parcel to a "M -3" designation and the western half of the parcel to a "M -4" designation. More discussion followed. MOTION: A motion was made by Member Carlson, seconded by Member Weldon, to change the comprehensive plan designation from moderate density to low density. The motion failed 2 - 5, with Carlson and Weldon voting for the motion. MOTION: A second motion was made by Member Kleckner, seconded by Member Sterling, to leave the comprehensive plan designation of moderate density on the western half of the parcel and to change the eastern half designation from moderate density to low density. The motion carried 6- 1, with Carlson voting against. Further discussion ensued on the zoning change for the parcel. City Planner Richard Kelley informed the Planning Commission that a change in zoning to any other designation than the "M -3A" that had been proposed for the parcel, and the proposal would have to be advertised for another public hearing. MOTION: A motion was made by Member Carlson, seconded by Member Weldon, to hold another public hearing and to change the zoning proVer_t.j! to "M -4" for the western half and "M -3A" for the eastern half and to hold this item back from the City Council until that has been completed. The motion carried unanimously 7 - 0. Planning Commission Minutes March 7, 1990 Page 5 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 156th Streets West PETITIONER: City of Apple Valley (PC90- 008 -PZ) STAFF REPORT: March 7, 1990 by City Planner Richard Kelley City Planner Richard Kelley presented this comprehensive plan /zoning consistency issue. The property is zoned for agriculture uses, but desig- nated on the comprehensive plan for multiple residential uses at respective densities of 6 to 12 units per acre and 12 plus units per acre. Staff recommended the residential zoning category for this property and the high density area be rezoned to "M -8C" and the moderate density area be rezoned to "M -6B ". Regarding commercial uses along the south side of 155th Street, the small area of "NCC ", Neighborhood Convenience Center designation, might be acceptable directly abutting the intersection. Staff recommended that the City await a specific development proposal before any change to the comprehensive plan and zoning be considered. Member Carlson was concerned that the 36 units per acre on the high density portion of the property may be too high. Chairman Erickson posed the question whether the City should require all apartment buildings to be brick construction due to maintenance problems with wooden structures as they age. MOTION: A motion was made by Member Carlson, seconded by Member Sterling, to change the zoning for the high density area to a "M -7B" and for the moderate density area to a "M -6B ". City Planner Richard Kelley informed the Planning Commission that the "M -7B" was not previously considered at the public hearing held on this issue and therefore, another public hearing must be set to reconsider the zoning change. Carlson withdrew his first motion. MOTION: A second motion was made by Member Carlson, seconded by Member Gowling, to reopen the public hearing on this issue to change the zoning to "M -7B ". The motion passed unanimously. D. Building Permit Authorization - Kennedy Transmission Remodeling LOCATION: 14620 Glenda Drive, Apple Valley, Minnesota PETITIONER: Kennedy Transmission (PC90- 011 -B) STAFF REPORT: March 7, 1990 by City Planner Richard Kelley City Planner Richard Kelley presented this project summary to the Planning Commission. The proposal involves a building permit authorization to remodel a portion of an existing commercial building. The remodeling would entail the installation of two overhead doors adjacent to Cedar Avenue for the purposes of creating attendant space for Planning Commission Minutes March 7, 1990 Page 6 glass installation business. The visual exposure to Cedar Avenue requires extensive treatment of the overhead door installation. The doors should be as unobtrusive as possible and additional landscape materials could help to soften their appearance. Therefore, the Staff recommends that the building permit authorization be approved subject to additional evergreen plantings, a minimum of six feet in height, and additional deciduous tree plantings as recommended by the City Forester. A representative from Kennedy Transmission spoke to the Planning Commission and felt that their screening was adequate in comparison to other screening present.on Cedar Avenue. Member Kleckner pointed out that the City is spending many City dollars on the ring route construction and that downtown businesses will benefit from these improvements. Therefore, businesses must meet the City's requirements in terms of landscaping and design elements. Member Sterling brought up the parking issue. The Kennedy Transmission repre- sentative assured the Planning Commission that there was adequate parking for the building. MOTION: A motion was made by Member Carlson, seconded by Member Kleckner, to approve the building permit with the stipulation that a landscape plan be submitted and approved by the City Staff. The motion cleared unanimously. 7. DISCUSSION ITEMS Planning Staff reviewed Planning Commission liability issues and clarified that the members were covered up to one million dollars. Chairman Erickson expressed concern over the gravel article in the March 7, 1990 addition of the "Countryside" newspaper. City Planner Richard Kelley assured the Planning Commission that the printed material was in fact incorrect. 8. OTHER BUSINESS There was no other business. 9. ADJOURNMENT MOTION: A motion was made by Member Carlson, seconded by Member Sterling, to adjourn the meeting at 9:20 p.m. The motion carried unanimously. kg