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.
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