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HomeMy WebLinkAbout09/05/1990PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY SEPTEMBER 5, 1990 1. CALL TO ORDER The September 5, 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, Sterling, Kitzman, Felkner, and Gowling. Members Absent: Weldon. Staff Present: Richard Kelley, Meg McMonigal, Scott Hickok, and Dennis Welsch. Others Present: See the sign -in sheet. 2. APPROVAL OF THE AGENDA The proposed agenda of the September 5, 1990 meeting was approved as submitted. 3. APPROVAL OF THE MINUTES OF AUGUST 15, 1990 MEETING The minutes of the August 15, following corrections: 1) On page 1, Item 3, the vote she 2) On page 4, paragraph 3, Planner Kelley suggested an option. from the first sentence. 1990 iuld re the meeting were approved with the ad "The vote was 3 - 0 - 2." first sentence should read "City deleting Chairman Erickson and With the above two amendments to the minutes, the minutes were approved 5 - 0 - 1 (Gowling abstaining). 4. CONSENT AGENDA (One motion sends items needing no discussion on to the City Council with the staff recommendations.) - None - Planning Commission Minutes September 5, 1990 Page 2 5. PUBLIC HEARINGS A. Palomino Woods Exception Rezoning LOCATION: Northwest Corner of the Intersection of 140th Street West and Guthrie Avenue PETITIONER: City of Apple Valley (PC90- 045 -Z) STAFF REPORT: August 29, 1990 by Associate Planner Meg McMonigal. Chairman Erickson called the public hearing to order. Associate Planner Meg McMonigal presented a background report in which she compared the comprehensive plan and zoning inconsistency on the less than half acre site. She described the maximum density allowable on the site, depending upon the eventual zoning. The number of units could change from 1.74 to a maximum of 2.61 units. She recommended that the comprehensive plan be changed from single- family to low density residential and that the zoning be changed to "M -3" to allow a 2 to 4 unit residential structure to be built on the site. Owner Art Eaton, 7552 - 280th concurred with the staff report and may be appropriate on this sloping difficult to develop. Street, Randolph, MN, stated that he suggested that tuck -under rental units site. He noted the site is very Mike Kamrod, 13750 Hanover Way, asked the Commission why they would rezone the property. Chairman Erickson explained the current Planning Commission consistency report process and noted that the current zoning was "M -7A ", allowing for 5 to 16 units per acre on the site. Kamrod also asked who benefits from the project. Erickson noted that the City benefits by creating the appropriate use and the landowner benefits by having a saleable parcel. Kamrod asked if the City wants multi - family adjacent to the single- family site. Erickson explained that is the purpose of the public hearing to gather input on that issue. Erickson explained the Planning Commission recommendation process. Gus Granger, 13756 Hanover Way, asked for clarification regarding the setback requirements, noting that a garage could be built within 25 feet of his property line. City Planner Kelley responded that the setback for an "M -7" zone is 50 feet; a duplex zone is 30 feet; and a townhouse or a quad zone is 40 feet. He also explained the City requirements for setbacks from 140th Street and noted that one driveway would be allowed on 140th Street. Granger asked for clarification regarding a parking lot setback from a residential lot and asked whether the Commission would consider creating a parking lot on the site for use by participants or spectators at the athletic field across on the south side of 140th Street. Granger noted that two children have been struck on 140th Street in recent years and that the hill is very steep and would require regrading for a school or athletic parking lot. He felt a parking lot would not affect his property values. Planning Commission Minutes September 5, 1990 Page 3 Mike Kamrod asked if there were any specific zoning classifications for a parking lot. Staff responded the most logical designation for a public parking lot would be an institutional use. Community Development Director Dennis Welsch presented background information on the school district and City joint efforts to resolve the parking lot issue by construction of a lot on the south side of 140th Street adjacent to the woods on the west side of the athletic field. The school district decided the expenditure was too great at this time. Virginia Sterling expressed concern about driving and turning move- ments, as well as entries onto 140th Street for a parking lot. A general discussion then ensued regarding the merits of a parking lot along 140th Street. Chairman Erickson asked the Staff to do further research on the needs for and cost of a parking lot on this site. Member Carlson suggested that the Planning Commission consider a single- family zone on this site as a short term solution. Owner Art Eaton stated that a parking lot may be a good idea on the site provided an owner can be found. There was no further public comment. Chairman Erickson closed the public hearing. B. North Star Industrial Park Rezoning LOCATION: East Side of Johnny Cake Ridge Road, North of County Road 42 PETITIONER: City of Apple Valley (PC90- 048 -Z) STAFF REPORT: July 26, 1990 by Community Development Director Dennis Welsch Community Development Director Dennis Welsch presented a report illustrating that the comprehensive plan and the zoning map are incon- sistent on the VenStar 80 acre site. The staff recommended that the comprehensive plan designation of limited industrial remain, while the zoning for the VenStar site be changed from "I -2" to "I -1 ". Welsch noted that he had received comments or concerns from VenStar (Bruce Maus and Paul Radichel), Schwanz Products, and American Bus Transportation. In the report, he noted that the purpose of redesignating the site as "I -1" would be to protect the high quality of development which has already occurred on the site without allowing major manufacturing facilities or raw materials processing operations to enter the site. Planning Commission Minutes September 5, 1990 Page 4 Robert Regan, 408 5th Avenue N.E., Osseo, owner and operator of American Bus Transportation, which has property within the business park, stated that he was opposed to the redesignation of the industrial park to light industrial. He stated he had paid for land which he considered to be general industrial and this would be a down grading in value. He stated that he owned approximately ten acres and had hopes of expanding his bus garage and repair facility. Member Sterling asked if the neighbors along the north side of the project had been notified (they had). No further public comment was offered. Chairman Erickson closed the public hearing. C. Rodeo Hills Rezoning LOCATION: Southwest Corner of Palomino View Drive PETITIONER: City of Apple Valley (PC90- 047 -Z) STAFF REPORT: August 30, 1990 by City Kelley Drive and Garden Planner Richard City Planner Richard Kelley provided background information illustrating that the current zoning on the Rodeo Hills site is "M -4C" allowing for up to 8 units per acre, while the comprehensive plan designates the site for low density development of 3 to 6 units per acre. The staff recommended that the zoning on the site be changed to "M -3C" from "M -4C" allowing a density maximum of 6 units per acre. Art Eaton, developer of the Rodeo Hills project, expressed concern about the slowness with which the project has developed. He stated there are eight units complete and there are four about to be constructed. He asked that if the project slows or does not meet market expectations, the westerly portion of the site should remain flexible for a different type of unit or product. Chairman Erickson stated that density was agreed upon at the time of approval of Rodeo Hills (6 units per acre) and that this project can still meet that maximum density through the use of bonuses on the site. Residents from the Garden View /Cobblestone Association asked about the progress of County Road 38 and the maintenance of the hillside adjacent to the project. Michael and Carol Boxenbaum, 6560 Fox Path, Chanhassen, stated that they will be moving into the Rodeo Hills area and noted that they had been told by the developer that the density of future additions will be the same or less than the current addition. Planning Commission Minutes September 5, 1990 Page 5 No further public comment was offered. Chairman Erickson closed the public hearing. No action was taken. It will be placed on the September 19, 1990 agenda. 6. LAND USE /ACTION ITEMS A. Bruss Garage Variance LOCATION: 911 Cortland Drive South PETITIONER: Keith Bross (PC90- 050 -V) STAFF REPORT: September 5, 1990 by Associate Planner Meg McMonigal Associate Planner Meg McMonigal presented a background report in which she noted that the Bross garage variance is a request for a 2.5 foot variance to the standard garage setback of 5 feet along a side property line. She also noted that the eave of the garage will be within 6 inches of the property line. The staff had reviewed this project and found no alternative available for expansion of the garage on the existing garage side of the house. The staff recommended approval of the variance. Keith Bruss, 911 Cortland Drive South, stated that he had discussed with the neighbor the possibility of buying additional land to allow for construction of additional garage space, but that this may be cumbersome and very expensive. Member Carlson asked Mr. Bross to submit a letter showing that the adjoining neighbor was aware of the project and approved of it. MOTION: A motion was made by Member Carlson, seconded by Member Kitzman, to table action on this item awaiting a letter from the neighbor. The motion was defeated 4 -2. MOTION: A motion was made by Member Sterling, seconded by Member Gowling, to recommend approval of the Bruss 2.5 foot garage side setback variance with a letter to be submitted by the neighbor to the City Council approving the proposal. The motion carried 6 -0. B. Ammon Parking Setback Variance LOCATION: 193 Walnut Lane PETITIONER: Milton and Leona Ammom (PC90- 051 -V) STAFF REPORT: September 5, 1990 by Associate Planner Scott Hickok Associate Planner Hickok presented a background report in which he noted that the Ammons are requesting an 8 foot corner lot side yard setback Planning Commission Minutes September 5, 1990 Page 6 variance to allow parking along the side of their garage. Staff recommended approval of the variance with the condition that plantings be placed along the street side edge of the new parking area. Mr. Ammon stated that he had already planted one new tree, but would add additional shrubbery as per the staff request. Member Sterling asked if this would affect any existing large trees near the driveway. Mr. Ammon stated there would be no impact. MOTION: A motion was made by Member Carlson, seconded by Member Gowling, to recommend approval of the variance as per the staff report. The motion carried unanimously 6 - 0. 7. DISCUSSION ITEMS A. Streetscape Management Plan Public Works Director John Gretz presented the Streetscape Management Plan to the Planning Commission. He explained the purpose and various elements of the Streetscapc Management Plan. He noted that the Streetscape Management Plan was a product of the goal setting session in January of 1990. The plan illustrates why the speed zones are established, why stop signs are allowed, where trees should be replaced in boulevards, the depth of pavement, and the condition of the overall road system. He displayed a street section, which illustrated where utilities and other improvements are located within the right -of -way. Mr. Gretz also pointed out the neighborhood street specifications (page 10). The Planning Commission accepted this Streetscape Management Plan and placed the program on file for further review. D. Ring Route Report Distribution A general discussion with Mr. Gretz ensued regarding the progress on the Ring Route. 6. LAND USE /ACTION ITEMS C. Zoning Use Determination for a Taekwondo Family Center in a Neighborhood Convenience Center (NCC) District LOCATION: County Road 42 and Garden View (Formerly George's Market Building) PETITIONER: City of Apple Valley (PC90- 052 -Z) STAFF REPORT: September 5, 1990 by Associate Planner Scott Hickok Scott Hickok provided a background report and listed four alternative actions that the Planning Commission could take. Planning Commission Minutes September 5, 1990 Page 7 1. Deem the use "not similar,' therefore, denying the use in a NCC district. 2. Deem the use "similar" allowing the applicant to operate the business in the NCC district. 3. Recommend no ordinance change to allow this use in a NCC district. 4. Recommend a revised ordinance that allows this type of activity (with a conditional use permit) in the NCC district. Hickok noted that a neighborhood convenience center is designed to have limited space and to be available as a convenience center for the neighborhood. The staff recommended denial of the conditional use permit amendment because of the demand and the parking. The staff also recommended denial of a request to consider a Taekwondo Center as similar to a daycare facility. Chairman Erickson noted that a neighborhood convenience center could become diluted, losing its' sense of neighborhood if these projects are allowed on the site. Hickok noted that the normal car count on this neighborhood convenience center is 9 with 19 spaces in existence. Member Felkner related to the Commission that in other similar cases students take up all of the parking, thereby reducing the possibility for other uses in the center to have parking space for their customers. On this particular site, there is no overflow parking available. MOTION: A motion was made by Member Carlson, seconded by Member Gowling, to deem the Taekwondo proposed use as not similar to daycare facilities and therefore, to recommend no ordinance changes to allow for teaching centers after issuance of a conditional use permit in neighbor- hood convenience center districts. The motion carried 6 - 0. D. Amendment to Zoning Text - Monument Signs as Conditional Use LOCATION: City of Apple Valley PETITIONER: City of Apple Valley (PC90- 044 -0) STAFF REPORT: July 10, 1990 by Community Development Director Dennis Welsch After a brief review of the proposed ordinance, the Commission agreed that the ordinance meets previous direction to the staff. Planning Commission Minutes September 5, 1990 Page 8 MOTION: A motion was made by Member Carlson, seconded by Member Felkner, to recommend approval of the major anchor center sign amendment to the zoning text. The motion carried unanimously 6 - 0. 7. DISCUSSION ITEMS B. Revisions to the Sign Ordinance Associate Planner Meg McMonigal presented a report dated August 29, 1990 in which she provided an example of revisions to the sign code which will allow for: 1) reorganization to allow for easier understanding of the code, 2) a redefinition of political and non- commercial signs, 3) a definition and performance standards for major anchor /center signs, and 4) more clarity and ease of administration. A general discussion ensued regarding the merits of reorganizing the sign code. MOTION: A motion was made by Member Carlson, seconded by Member Gowling, to recommend sign ordinance revisions as submitted by the staff be adopted by the City Council. The motion carried 6 - 0. C. Subdividing Lots in "R -1" Districts (Verbal) Community Development Director Dennis Welsch asked the Planning Commission to table discussion on this item until a future date when more staff information is available. Consensus of the Commission was to table until a future date, perhaps a study meeting. 9. ADJOURNMENT The meeting adjourned at 9:45 p.m. kg