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HomeMy WebLinkAbout04/18/1990LJIlvr/CL L 6 C PLANNING COMMISSION MEETING CITY OF APPLE VALLEY APRIL 18, 1990 1. CALL TO ORDER The April 18, 1990 meeting of the Apple Valley Planning Commission was called to order by Chairman Robert Erickson at 7:30 p.m. in the City Council Chambers of the City of Apple Valley City Hall. Members Present: Chairman Erickson, Members Carlson, Felkner, Sterling, Kitzman, Gowling, and Weldon. Staff Present: Richard Kelley, Meg McMonigal, Scott Hickok, and Dennis Welsch. Others Present: See sign -in sheet. 2. BUSINESS MEETING A. Resolution of Thanks to Frank Kleckner for Years of Service on Planning Commission A letter was received from former member Frank Kleckner thanking the Planning Commission for their support and friendship during the years he was a member of the Commission. Chairman Erickson read the letter into the record and it is attached to these minutes. MOTION: A motion was made by Member Sterling, seconded by Member Gowling, to adopt Resolution 4/18/90a as follows: CITY OF APPLE VALLEY PLANNING COMMISSION RESOLUTION NO. 4/18/90a WHEREAS, the planned development and growth of the community of Apple Valley requires the thoughtful and balanced consideration of numerous competing issues by the members of the Apple Valley Planning Commission, and WHEREAS, Frank Kleckner has participated as a Commission in the deliberations of planning issues for eight years, and WHEREAS, Frank Kleckner has provided valued input from the "real world" developer's perspective. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Apple Valley, Dakota County, Minnesota, that it recognizes and Planning Commission Minutes April 18, 1990 Page 2 appreciates the meaningful contribution provided by Frank Kleckner to the community's successful planning efforts. ADOPTED this 18th day of April, 1990. Robert L. Erickson, Chair Richard D. Carlson Alan Marcia H. Gowling Eugene F. Kitzman Howard L. Weldon ATTEST: Virginia Sterling, Secretary The motion carried unanimously. B. Introduction and Swearing -In of New Member, Gene Kitzman Chairman Erickson introduced Gene Kitzman as the new member replacing Member Frank Kleckner. City Clerk Mary Mueller administered the oath of office to Member Eugene Kitzman. 3. APPROVAL OF THE AGENDA The agenda was approved following an amendment to place Items 7A and 9A on the consent agenda and to place Items 2C, 2D, and 2E on the agenda as Item 7C. Planning Commission Minutes April 18, 1990 Page 3 MOTION: A motion was made by Member Carlson, seconded by Member Sterling, to approve the amended agenda. The motion carried unanimously. APPROVAL OF THE MINUTES OF APRIL 4, 1990 MOTION: A motion was made by Member Carlson, seconded by Member Felkner, to approve the minutes of the April 4, 1990 meeting. The motion carried unanimously 7 - 0. 5. CONSENT AGENDA (One motion sends items needing no discussion on to the City Council with the staff recommendations. NOTION: A motion was made by Member Carlson, seconded by Member Felkner, to recommend approval of the preliminary plat of Valley Way Village 8th Addition as per the Staff recommendations and including a revised grading and landscape plan. The motion carried unanimously 7 0. MOTION: A motion was made by Member Carlson, seconded by Member Weldon, to establish May 16, 1990 as the official Capital Improvements Public Hearing date. The motion carried unanimously 7 - 0. 6. PUBLIC HEARINGS A. Cedar Knolls Rezonings - ZonCon 002 LOCATION: West of Cedar Knolls Mobile Home Park PETITIONER: City of Apple Valley (PC90- 013 -Z) STAFF REPORT: April 18, 1990 by City Planner Richard Kelley Chairman Robert Erickson opened the public hearing and requested the Staff to provide background information on the case. Community Development Director Dennis Welsch provided the background report in which he summarized past action by the Planning Commission and the implications of commercial zoning versus a mix of retail business and multi - family housing. He noted that the Staff had reviewed the supply of commercial/ industrial land within the community and found that there was a supply that ranged between 42 and 181 years, depending upon the growth rate. An overhead projection was used to illustrate the comparisons in acres, square footage, dwellings, children in the neighborhood, total population, and trips per day that could be expected based upon an entirely commercial use versus a commercial and multi - family neighborhood use. The most significant difference between the two uses was the number of trips gener- ated per day which was illustrated on the overhead. Trips generated in the commercial district- solely would be nearly 15,000 vehicles, while in a mixed use district of commercial and multi - family, the number of trips Planning Commission Minutes April 18, 1990 Page 4 produced would be approximately 5,000 vehicles per day. Welsch noted that the road system was not designed to handle 15,000 vehicles per day. Associate Planner Meg McMonigal provided a report from the Park and Recreation Committee regarding the need for additional parks in the area. She stated that at the April 17, 1990 Park Committee Meeting, the Committee recommended that there was no need for additional parks, however, staff would purue the following items: A. Try to provide better access to Briar Oaks Park. B. Possibly improve the safety on 127th Street by adding signs and crosswalks. C. Try to provide property boundary signage for both Briar Oaks and Cedar Knolls Parks. D. Possibly develop more of the east side of Cedar Knolls Park to provide additional recreation amenities. E. Consider upgrading 127th Street by adding a trail or sidewalk to allow pedestrians to gain access to Cedar Knolls Park. F. Look at the possibility of lowering the speed on 127th Street from 35 mph to 30 mph. Chairman Erickson asked if the Park Committee had considered the population density in the area and if this would have an impact on whether more park space was needed. Associate Planner McMonigal responded that that issue had been discussed, but the figures were not available. She would provide them at a future meeting. Ron Cornwell, 5200 Willson Road, Minneapolis, MN 55424, developer of the Cedar Knolls Park and apartment area, stated that he wished to retain the existing retail business zoning on the 14.75 acres. He noted that at the time of the original rezoning, Lebanon Township asked for a variety of uses, including commercial, single- family, mobile home park, apartments (348), and townhouse lots. He stated that the township asked the developer to extend 127th Street to the east as County Road #38. Cornwell expressed concern that now the zoning rules were changing and that in the past, he had relied on these zoning rules or regulations to be stable or fixed. He could see no reason to change the zoning because no circumstances surrounding the site have changed. Chairman Erickson stated that the City is concerned because of the inconsistency between the comprehensive plan and the zoning code, as well as the issue of increased traffic in the area. Planning Commission Minutes April 18, 1990 Page 5 Cornwell responded that at the Pennock /Cedar /Garrett focus group meeting he had asked about the concerns of neighbors regarding a retail business district and found no objection to this site. Member Sterling asked for more details regarding the Polka Dot Dairies convenience store /gas station complex which was proposed approxi- mately five years ago. Dennis Klose, representing the developer, stated that the Staff had originally stated that a market study would be done to determine the need for additional retail business in the Cedar /Pennock /Garrett corridor. He stated that traffic congestion and traffic concerns could be solved by the City by not issuing a building permit when a project was proposed. He asked the Commission to agree with this assessment of handling traffic problems. The Commission disagreed with Mr. Klose regarding traffic impact. Mr. Klose stated that there was no history of comprehensive planning on this site, but there was a direct history of zoning for the site which included decisions by Lebanon Township, as well as the City of Apple Valley. Dennis Welsch provided background on the original concept of a market study and the reasons for not doing a market study at this time. He also provided background information on the traffic projections on 127th Street versus the traffic on the Zoo Road. Ron Cornwell stated that the only significant change in the area is Cedar Avenue, not 127th, County Road #38, or the Zoo Road_ He stated that the City's policy of directing all commercial development to Cedar and 42 to the downtown area is an economic protectionist issue. He asked the Commission to consider what other issues have changed in the area. Chairman Erickson explained the direction provided by the City Council to Look at each parcel which had inconsistent comprehensive planning versus the existing zoning. Mr. Klose noted that the entire Cedar Avenue corridor is in a state of flux at this time and it would be better for the City to look again at this site in five years. He stated that he and Mr. Cornwell are interested in developing a community center to serve the area within one and one -half miles of the site. Chairman Erickson stated that the Planning Commission has been asked by the City Council to make recommendations this year. He stated the Commission will look at whatever are the appropriate uses this year and cannot wait five years to respond to the Council's request. Mr. Klose stated that the developers officially wish to retain the "RB" zoning on the site. Planning Commission Minutes April 18, 1990 Page 6 Member Carlson asked the Staff to compare the distances to the downtown from other retail business centers in the community. A general discussion ensued regarding the market size of one and one -half to three miles from the downtown. Member Sterling expressed concern regarding the amount of cars that would utilize this site via Pennock Avenue and 127th Street. Betty Wright, Cedar Knolls Mobile Home Park, asked why the site could not be left simply as an open space. Chairman Erickson responded that the developer has the right to use the site for potential development. Mr_ Ed Wright, Cedar Knolls Mobile Home Park, asked the Commission to consider sound barriers along Cedar Avenue for existing residents and to consider the impact on future multi-family units. Carol Valentine, 7508 Germane Avenue, stated that the sound issue was important. She noted that some people on the east side of Cedar Avenue cannot have windows on the Cedar Avenue side of their structures open in the summer. The noise is too severe. She stated that Germane Avenue is considered a neighborhood collector street, but there has been no study of the traffic on this street. She expressed concern about the number of trips currently on the street, as well as those to be generated by either commercial or multi-family development in the future. she asked the Commission why the City was interested in "filling up the land." Chairman Erickson stated the City has no interest in forcing development, but has been requested by the Council to consider ways of making plans consistent. Ms. Valentine asked the Commission to consider water table levels if major grading were to occur for development on this site. She also asked the Commission to consider why more multi - family housing was needed in an area where there are already many units. She stated that more multi- family dwelling units in the area will increase this spring in the area and noted that the City must be considering this site as a lower income housing area because the land is cheaper. Chairman Erickson explained to the audience the recently adopted multi- family performance standards. Carol Valentine stated that a 130 to 160 unit apartment project would be too dense for this area, noting that there is not enough parking for people in the area currently and that additional cars would contribute more congestion. She asked the Commission to consider who will decide what retail stores would be placed in the development. She thanked the Commission for its' interest in the park land and park land density questions. She summarized by saying that the neighborhood is concerned about adding more housing to an already densely developed neighborhood. Planning Commission Minutes April 18, 1990 Page 7 Joe McCloskey, Cedar Knolls Mobile Home Park, stated that the area is already highly developed. He stated that he has over 200 signatures on a petition supporting a park in the area, rather than other types of development. He expressed concern with the need for an expanded park and ride lot in the area, but outside of Cedar Knolls Park. He said the Park Committee has no money to provide additional facilities in Cedar Knolls Park or to acquire additional park space. He stated that none of his neighbors wish to see the site developed for commercial uses. Ron Cornwell stated that of the 2,000 people in the area, if a questionnaire were distributed asking whether people would prefer apartments or commercial development, more would like commercial develop- ment. He stated this may be true because people would find a convenience/ commercial center acceptable to reduce their energy and driver trips. Lynn McCloskey, Cedar Knolls Mobile Home Park, stated that people in the Cedar Knolls Mobile Home Park seem sure that they did not want commercial development. Diane Vaca of the Homeowner's Association stated that commercial development would not be desirable, but that the neighbors are interested in the construction of a gasoline station or a convenience /gasoline station at the corner of Germane and 127th Street. Member Sterling stated that parking requirements in a commercial area do require a significant amount of parking space that would support all of the users of the facility. There would be no need to park on Germane. Lynn McCloskey asked if there was some way the City could remove the parking from Germane because of the safety hazards. Member Gowling asked if the developer (Cornwell and Klose) wish to illustrate the sketches of the site they had brought to the meeting at this time. Mr. Klose stated that he preferred not to show the plans this evening. Member Felkner asked about a comparison of acreage of this site and the site on the west side of Cedar Avenue which is owned by the Art Eaton group. The Art Eaton site is 8 acres; the Cornwell site is 14.75 acres. Dennis Welsch asked Mr. Klose to clarify his decision regarding presenting sketches or alternatives to the Planning Commission. Mr. Klose stated the plans he has at the meeting will not be presented at this time. Chairman Erickson asked the Staff and Ms. McMonigal to work with the Park Committee to determine the density levels of housing in relation to park area. Planning Commission Minutes April 18, 1990 Page 8 Member Sterling asked the Staff to provided examples of the density of housing in other areas of the community that would be similar to what would be proposed on the site. Chairman Erickson closed the public hearing. B. Rasmussen Setback Variance LOCATION: 8635 - 143rd Street Court PETITIONER: H. Jon and Kathleen Rasmussen (PC90- 007 -V) STAFF REPORT: April 18, 1990 by Associate Planner Scott Hickok Associate Planner Scott Hickok provided a background report which illustrated the Rasmussen variance case to allow a deck, which had been converted to a porch, to remain as constructed. The nonconforming porch is 3 feet, 6 inches is from the side lot line. The setback requirement for this structure is 10 feet. Mr. Hickok stated the applicant had called today to state that he has been called out of town. The Staff presented the information regarding the case, but asks that the Planning Commission table any further action on this for two weeks to allow the applicant to attend and allow the applicant to work with the building inspector on necessary permits and inspections for the structure. MOTION: A motion was made by Member Sterling, seconded by Member Carlson, to table action on the Rasmussen variance case until the next available meeting. C. Election of Officers MOTION: A motion was made by Member Felkner, seconded by Member Weldon, to nominate Robert Erickson as Chairman. No other nominations were received. Erickson was approved as Chairman by 6 - O vote. Erickson abstained. MOTION: A motion was made by Member Weldon, seconded by Member Felkner, to nominate Richard Carlson as Chairman Protem. No other nominations were received. Carlson was appointed Chairman Protem by 6 - 0 vote. Carlson abstained. MOTION: A motion was made by Member Gowling, seconded by Member Weldon, to nominate Virginia Sterling as the Planning Commission Secretary. No other nominations were received. Virginia Sterling was approved as Planning Commission Secretary by 6 -0 vote. Sterling abstained. Planning Commission Minutes April 18, 1990 Page 9 D. Adoption of Revised By -Laws with Appendices Staff was directed to provide additional language in the Planning Commission By -Laws relating to conflicts of interest and how to handle such conflicts when they arise at the Planning Commission meetings. The Staff was also directed to add language to the by -laws which would encourage Planning Commission Members to accept training during the term of their office. The Planning Commission also accepted an amendment to the by -laws which would require that Public Hearings be placed on tape. The Planning Commission attached the following appendices to the by- laws and asked the Staff to compile the entire document for them: A. Public Hearing procedure will be attached to the by -laws. B. Definitions of the various terms - comprehensive plan, conditional use permit, variance, etc. will also be attached to the by -laws. C. The protocol or presentation techniques to the Planning Commission by the Staff will also be attached as an appendices. Chairman Erickson asked the Staff to prepare a booklet containing all of the by -laws and amendments, as well as appendices, and present it to the Planning Commission. Member Carlson asked the Planning Commission to withhold re- adoption of the Mission Statement and By -Laws until a complete packet can be presented to the Commission at one time. The Commission concurred. 8. DISCUSSION ITEMS A. Energy Grant Associate Planner Scott Hickok provided background information on the Energy Conservation Program and noted that the program will include an energy audit for single- family and multi- family homes and that there will be a shade tree planting program. The first year of the program would be a $30,000.00 grant from the State to the City and the second year would be a $15,000.00 grant. There was a general discussion about the value of energy audits and the necessity to keep them objective rather than selling products. Planning Commission Minutes April 18, 1990 Page 10 B. Park /Ride City Planner Richard Kelley provided background on park /ride noting that the use of park /ride lots has increased dramatically and there is a conflict between users of the parks and users of the park /ride facility. The Minnesota Valley Transit Authority will have some funds available in 1991. The budget preparation for 1991 begins this June. If the City is interested in providing more lots, they should present a proposal this June to the MVTA. Kelley noted that in future years the main -line buses may be used with shuttle buses to reduce the need for park /ride lots by collecting people within the neighborhoods and transporting them to a transfer point to the main -line buses. Member Felkner asked if the City and the MVTA would attempt to contract for the use of church lots in the future for park /ride sites. Kelley concurred. C. Benches /Paper Stand Community Development Director Dennis Welsch reported on the progress of an ordinance to control benches and paper stands. 9. OTHER BUSINESS A. Capital Improvements 10. ADJOURNMENT The meeting adjourned at 10:35 p.m. kg