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HomeMy WebLinkAbout06/20/1990& rrecZ�ev 6 PLANNING COMMISSION MEETING CITY OF APPLE VALLEY JUNE 20, 1990 1. CALL TO ORDER The June 20, 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: Chairman Erickson, Members Carlson, Felkner, Sterling, Kitzman, and Gowling. Members Absent: Weldon. Staff Present: Richard Kelley, Meg McMonigal, Scott Hickok, Linda Brinkhaus, Keith Gordon, Wade Steigauf, and Dennis Welsch. Others Present: See the sign -in sheet. 2. APPROVAL OF THE AGENDA The agenda was approved as written. 3. APPROVAL OF THE MINUTES OF JUNE 6, 1990 MOTION: A motion was made by Member Carlson, seconded by Member Felkner, to approve the minutes of the June 6, 1990 meeting with the following correction: On page 6, paragraph 5, it should read " MOTION: A motion was made by Member Carlson to recommend denial of the proposal set forth by the City Council. The motion was withdrawn by Member Carlson." The motion to approve the minutes of the June 6, 1990 meeting were approved as amended 6 - 0. 4. CONSENT AGENDA (One motion sends items needing no discussion on to the City Council with the staff recommendations.) A. Setback Variances for Two New Homes LOCATION: Hyland Pointe Shores PETITIONER: Arcon Development (PC90- 035 -V) STAFF REPORT: June 20, 1990 by Associate Planner Scott Hickok Planning Commission Minutes June 20, 1990 Page 2 MOTION: A motion was made by Member Carlson, seconded by Member Gowling, to recommend approval of the Hyland Pointe Shores setback variance as per the Staff report of June 20, 1990. The motion carried 6 - 0. 5. PUBLIC HEARINGS A. Mickelson Property Rezoning from "M -7A" to "M- 6A", "M -SA" or "M -4A" - ZonCon 004 LOCATION: City of Apple Valley PETITIONER: City of Apple Valley, Minnesota (PC90- 022 -Z) STAFF REPORT: June 20, 1990 by Associate Planner Meg McMonigal Associate Planner Meg McMonigal provided a staff report in which she described the conflicts between the existing zoning and the City's compre- hensive plan. The comprehensive plan for the Mickelson site is currently "MD ", Medium Density, 6 - 12 multi - family units per acre. The zoning for the site is "M -7A" which allows 12 - 20 multi- family units per acre. The conflict is not in the land use, but rather in the density of the develop- ment. McMonigal explained that the Planning Commission could bring the zoning code into compliance with the comprehensive plan by rezoning the site from "M -7A" to "M -4A ", "M -SA ", or "M -6A ". McMonigal noted that in 1984, Mr. Mickelson had received a change in the zoning on this property from agriculture to multi- residential. That request was made so that potential home buyers in the adjacent develop- ments would be aware of the zoning for the property. At that time, the zoning request anticipated 12 units per acre. She noted that the site is hilly and wooded and that there is a buffer along the west side primarily due to steep topography and that access would occur from the east end of this triangular- shaped parcel directly from County Road 38. Mr. M. F. Mickelson, owner of the property, suggested that "M -7A" zoning remain because County Road 38 had changed the context of the site. He still feels that 12 units per acre will be the ultimate density on the site, but asked for flexibility in development and therefore, would prefer to have "M -7A ". He stated this would allow for a higher value townhouse or apartment project on the site with more amenities in place. He noted that there will be no on -site engineering work done for this project site until such time as County Road 38 has been completed in order to establish road grades and entry areas to the site. The site will utilize the regional park (Lebanon Hills) to the north as a primary amenity. Mr. Mickelson noted that at a minimum, the site deserves a "M -6A" zoning. City Engineer Keith Gordon explained the timing of County Road 38 construction, noting that construction will actually begin in the Fall of 1990 with completion expected in the Spring of 1991. Planning Commission Minutes June 20, 1990 Page 3 Members Gowling and Sterling asked for clarification regarding the buffers to the west and access from County Road 38. Mr. Mickelson noted that the buffer to the west is a steep wooded slope and that the access to this site, which will be approximately 12 to 13 acres in size when County Road 38 is done, will be at the far eastern end of the site farthest from the Everest Trail area. Member Felkner described the consistencies and inconsistencies between "M -6" and "M -T' and recommended to Mr. Mickelson that use of "M -6" was more appropriate for townhouses or apartments on this site. Member Carlson noted that there is a need for flexibility on a site of this size and character, but that the upper limit of a "M -7" at 20 units per acre is too dense. "M -6" is more appropriate for this site, but Carlson noted that at the time that an actual project site review occurs, the Commission may use some flexibility in its' review of the project. Mary Beth Hagen, 12578 Everest Trail, urged the developer to look at townhouses and apartment market and determine whether there was a need for more units. She urged the Planning Commission to down zone to "M -4" or "M -5 ", noting that "M -6, in her estimation, was too dense. She stated that a beautiful. rolling hillside currently exists and that at a previous time, many neighbors had thought that was part of the Lebanon Hills Park. She asked that the hillside not be destroyed, because it was the only buffer along the west side of the property. She stated that the property is so much higher than the land along Everest that the development will be visible, especially when the trees loose their leaves in the fall. She recommended that the Planning Commission require additional evergreen screening when the project actually is reviewed. Lynette Cargill, 5681 125th Street West, pointed out to the Commission that the apartment site actually borders a Girl Scout Camp Sakajawea to the north. Nancy Kangas, 12572 Everest Court E., reported that the contractor who built her house told her the park surrounded her plat. She felt multi - family housing will devalue her property. A question was asked regarding the sideyard setbacks for such a development. The Staff responded that 75 feet be the setback from the residential property line. Member Felkner noted that developers are required by the City ordinance to set aside a special fund to do extensive on -site landscap- ing. There was no further public comment. Chairman Erickson closed the public hearing. Planning Commission Minutes June 20, 1990 Page 4 B. 1990 - 1995 Capital Improvements Program LOCATION: City of Apple Valley PETITIONER: City of Apple Valley (PC90- 026 -P) STAFF REPORT: June 20, 1990 by Associate Planner Meg McMonigal Associate Planner Meg McMonigal provided a background report on the capital improvements flow chart illustrating how the decision making process in the capital improvements program is being made. She asked the Planning Commission to review the requests by year and to review with her the flow chart by which decisions will be made in the future. She re- quested that the Planning Commission continue the public hearing until July 18, 1990 at which time the department heads and City Administrator will have completed their review of the requests and the funding sources. There was no further public comment. The public hearing was continued until July 18, 1990. 6. LAND USE /ACTION ITEMS A. Hesli Report - Rezoning from "R -1" to "R -3" and Plat LOCATION: 4855 Dominica Way West PETITIONER: Eugene and Helen Hesli (PC90- 021 -ZS) STAFF REPORT: June 20, 1990 by Community Development Director Dennis Welsch Community Development Director Dennis Welsch provided a summary of the planning issues related to the Hesli case. PLANNING ISSUES 1. Changing the character of the neighborhood by adding a smaller lot. 2. Changing the value of the existing housing stock by adding an additional home on the lake. 3. Environmental concerns of adding an additional lot to the shoreline. 4. To protect lake water quality, require a County inspection of septic system. If inspection fails, then require the two existing homes in the Hesli addition to connect to City utilities within one year of plat approval as a condition of a variance. 5. Should the physical burden of a small lot be placed on the neighbor's or on property owners requesting the resubdivision. Planning Commission Minutes June 20, 1990 Page 5 6. Change in all property owner's utility assessments by the addition of another lot. 7. Capacity of City utilities being installed this summer. Linda Brinkhaus provided a brief review of the 2.6 acre plat and noted that the current proposal would have three lots, two of which would meet the 40,000 square lot area requirements and a third lot which would be 34,000 square feet in size. The 34,000 square foot lot would require the 6,000 square foot variance to the R -1 standard. In addition, lot three with the existing Hesli house would need a lot width variance of 45 feet to allow for the narrow dimension of the proposed lot. Brinkhaus summarized a comparison of lots in the area, noting there are several lots less than the 34,000 square foot lot proposed for a variance. The Staff recommended approval of the resubdivision to three lots and granting the variances for a minimum lot area on Lot I and lot width requirements on Lot 3. Mr. Hesli, owner of the property, stated that all three lots will be connected to City sewer and water. He noted that the antique shop will be discontinued and that the two rooms within the antique shop will be added to the existing second home to be utilized as bedrooms. MOTION: A motion was made by Member Carlson, seconded by Member Sterling, to recommend approval of the preliminary plat with a three lot subdivision and with the following variances: Lot I a 6,000 square foot area variance to allow for a 34 square foot lot; Lot 3 a 45 foot variance to allow for a 105 foot wide lot at the building setback line. The motion carried 5 - 1. B. Preliminary Plat Approval for Apple Valley Retail Addition LOCATION: Southwest Corner of Cedar Avenue and 153rd Street West PETITIONER: Ryan Construction, Inc. (PC90- 032 -SB) STAFF REPORT: June 20, 1990 by City Planner Richard Kelley City Planner Richard Kelley provided a background report dated June 20, 1990 in which he described the preliminary plat containing two commercial lots at the southeast corner of 153rd Street and Cedar Avenue. He noted that the preliminary site plan illustrated how a grocery store anchor could be located on one lot adjacent to Cedar Avenue. Kelley noted that the project is consistent with both the comprehensive plan and the zoning in the area. He also noted that Dakota County has approved a right turning lane from Cedar Avenue to Lot 1. Planning Commission Minutes June 20, 1990 Page 6 Kelley stated that this project is premature in terms of site plan review, but did note that Staff was concerned about: 1. landscaping in parking area 2. cart corral areas design 3. cart storage in front of the building and need for screening 4. screening of service and loading areas from Cedar Avenue 5. lowering the elevation of the parking area to screen the parking area 6. pedestrian access on Cedar at 153rd Street 7. perimeter access roads within parking areas providing landscaping and Apple Valley Red light pole standards Kelley illustrated overheads from a typical grocery store parking area in Minnetonka which included dumpsters, loading areas, refrigerated trailers, and entry drives which could be improved upon in Apple Valley. Chairman Erickson asked Vince Driessen of Ryan Construction and consultant, Greg Kopischke, to review the cart /storage areas recently constructed at the Mills Fleet Farm in Lakeville. He also asked the consultant to review methods of providing right turn lanes and keeping the traffic away from the building face or entry. MOTION: A motion was made by Member Gowling, seconded by Member Felkner, to recommend approval of the preliminary two lot plat called Apple Valley Retail Addition. The motion carried 6 - 0. C. Downtown Sign Guidelines LOCATION: City of Apple Valley PETITIONER: City of Apple Valley, Minnesota (PC90- 038 -0) STAFF REPORT: June 20, 1990 by Community Development Director Dennis Welsch Community Development Director Dennis Welsch provided a background report regarding potential requirements for monument signs proposed for Cedar Avenue and County Road 42. He requested no action from the Planning Commission, but noted that this issue will be brought back in the form of a resolution or a design guideline and will incorporate a complete definition of monument signs, the use of a site review and /or a conditional use permit process, and a series of conditions for both monu- ment signs and ground signs in and around the downtown. Planning Commission Minutes June 20, 1990 Page 7 7. DISCUSSION ITEMS A. Cedar Knolls Property City Planner Richard Kelley requested the Planning Commission to continue discussion of the Cedar Knolls rezoning at a future meeting because of property acquisition and appraisal issues which have not been resolved to date by the current owner, Cornwall and Thorson. No action was necessary. B. Cedar Knolls Park Access Associate Planner Meg McMonigal provided a review of access points to Cedar Knolls park and slides illustrating locations for future sidewalks and /or path improvements. She distributed a memorandum from John Gretz, Public Works Director. Mr. Gretz recommended that no paved pathway be installed along 127th Street until such time as 127th Street is reconstructed as an urban street with sidewalk, curb, and gutter. A general discussion of the various access points to Cedar Knolls Park ensued. McMonigal stated that she has been unable to reach the owner of the apartment project on the north side of Cedar Knolls in order to request an easement for the public to gain access to Briar Oaks Park from the Cedar Knolls Mobile Home area. Member Carlson asked the Staff to consider better radar patrol of the 127th Street area to reduce the speed of vehicles on this stretch of road. A general discussion ensued regarding the speed of traffic on 140th Street and 150th Street. Carlson noted that in the slides, the drainage ditch is the appropri- ate location for a sidewalk. However, the sidewalk could not be built until such time as the storm sewer pipeline was installed to take the place of the ditch. Member Kitzman noted that there is no barrier to protect pedestrians along the road edge. C. Update on Land Use Code Enforcement Associate Planner Scott Hickok provided a report on the code enforce- ment policies and procedure, particularly relating to vehicle and weed complaint cases. He noted that in 1989, the City recorded approximately 350 code enforcement cases. This year, in a more systematic approach, the City has recorded slightly more than 500 cases in 6 months. However, many of these cases are resolved simply by notification and education, rather than the citation process. A general discussion ensued regarding the enforcement activities. Planning Commission Minutes June 20, 1990 Page 8 8. OTHER BUSINESS Chairman Erickson asked for an update regarding the 140th Street and Cedar Avenue right -of -way acquisition as it relates to the Calistro case. Staff responded that the acquisition of right -of -way has occurred primarily due to City enlargement of the 140th Street intersection with Cedar Avenue for turning lanes. Chairman Erickson asked for further details from the Staff regarding the redevelopment of the Skipper's site. A general discussion ensued. 9. ADJOURNMENT The meeting adjourned at 10:45 p.m. kg