HomeMy WebLinkAbout01/04/1989CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
JANUARY 4. 1989
1. CALL TO ORDER:
The meeting was called to order by Chairman Robert Erickson at 7:35
p.m. in the City Council Chambers of the Apple Valley City Hall.
Members Present: Chairman Erickson, Members Richard Carlson, Alan
Felkner, Virginia Sterling, Frank Kleckner and Marcia Gowling.
Staff Present: Richard Kelley, Meg McMonigal, Jim Plummer, Lon Aune,
Scott Hickok, Dennis Miranowski and Dennis Welsch.
Others Present: See sign in sheet.
2. APPROVAL OF THE AGENDA:
The agenda was approved as written with the addition of "planner's
seminar" under discussion items.
3. APPROVAL OF THE MINUTES OF DECEMBER 21, 1988.
The minutes were approved with the following corrections: 1) In the
minutes of December 21st - fourth item - the correction should read "Carla
Mathwig ". 2) Frank Kleckner abstained from approval of the minutes of the
December 7th meeting. The approval of the minutes carried unanimously.
Member Kleckner temporarily removed himself from the Commission and
was seated in the audience.
4. CONSENT AGENDA (Non- controversial land use action items needing no
discussion may be placed on this agenda by Commission members. One
motion sends these items on to the City Council with a recommendation
of approval as per the Staff recommendations.)
None.
5. PUBLIC HEARINGS:
None.
Planning Commission Minutes
January 4, 1989
Page 2
LAND USE /ACTION ITEMS:
A. Rezoning from "RCL" to "M -3 ".
LOCATION: Southwest Corner of Cedar Avenue & 138th Street W.
PETITIONER: Domestic Realty, Inc.
City Planner Rick Kelley provided a background report dated January
4, 1989 in which he reviewed the Domestic Realty request for a rezoning
and recommended that the rezoning be denied at this time.
Frank Kleckner, representing Domestic Realty, stated that the request
was one in which the developer was seeking consistency between the compre-
hensive plan and the zoning ordinance. He noted that at this time the
developer's concept for the site was an eighty (80) unit townhouse project
with access to 138th Street and future access to 139th and 140th Streets
as parcels to the south develop. Kleckner stated that the site is appro-
priate for multiple family housing and has been planned in that manner by
the developer for many years with duplexes along the west boundary of the
site. Member Sterling asked for clarification regarding the buffers along
the east and west sides.
Member Erickson stated that another public hearing would be necessary
for any other use other than a double bungalow for existing platted
property to the west of the site. Member Carlson stated that this project
was premature in that the rezoning request does not have a project which
can be simultaneously approved and therefore, the Planning Commission and
City Council lose some of their regulatory strength necessary to see that
the project is a quality project.
Member Sterling stated that the rezoning does not automatically
guarantee the quality of the project.
Chairman Erickson stated that he agreed with the Staff's
recommendation in that there was a need for better standards for
development of multiple - family housing to guarantee quality. He felt it
was appropriate to propose townhouses adjacent to Cedar Avenue with
appropriate setbacks. Chairman Erickson requested that the Staff ask for
direction from the City Council regarding traffic capacity and parcels
adjacent to Pennock and Cedar Avenue, ask for direction from the Council
and Staff regarding what to do with the land between Cedar and Pennock and
the new road systems which may be necessary to allow traffic to flow both
north and south and out to Cedar Avenue as well.
Member Kleckner stated that the developer is looking for a "M -3"
zoning for eighty (80) townhouse units to allow for flexibility and if the
proposal is not approved in the near future, it is possible, according to
Kleckner, that a different type of more dense apartment project would be
proposed at a later date. Developer Art Eaton asked for clarification
regarding the Pennock Avenue traffic study results. Member Sterling asked
Planning Commission Minutes
January 4, 1989
Page 3
for clarification regarding residential cluster development and the
history behind it; as well as the number of units that would be allowed
for attached housing. Mr. Kelley noted that the City's position is that
the 1983 rezoning of this site nullified the previous cluster development
concept, which allowed for common wall units. Currently, the City's
cluster development concept allows for standard lot, reduced setback,
detached housing.
A general discussion ensued regarding the amount of time remaining
for the Planning Commission to make a recommendation to the City Council
prior to losing its review authority. Mr. Kelley noted that the Planning
Commission has thirty (30) days after the public hearing to recommend to
the Council after which the Council may take as much time as it wishes to
make a decision.. Member Carlson asked for better standards regarding the
quality of multi - family housing projects prior to issuing any multi - family
permits. Member Sterling asked for more information from the Planning
Staff regarding the extension of Granite Avenue.
MOTION: It was moved by Member Sterling to table this issue to the
next meeting. The motion died for lack of a second.
Member Gowling asked for clarification regarding the road
configuration of the Kleckner proposal noting that the road width was
narrower than what is normally perceived as a City street for the
extension of Granite Avenue. Mr. Kleckner noted that provision has been
provided in his eighty (80) unit townhouse concept for two (2) additional
accesses to the south onto the Calistro property.
MOTION: It was moved by Gowling, seconded by Carlson to recommend
denial of the rezoning request by Domestic Realty to ask for further
information on the road systems through the area from the City Council
prior to deciding on other project requests in this area. The motion
carried 4 to I (Sterling).
Member Kleckner rejoined the Planning Commission.
B. Text Amendments to Comprehensive Plan and Zoning Regarding
Housing Performance Standards.
LOCATION: City of Apple Valley, Dakota County, Minnesota.
PETITIONER: City of Apple Valley, Dakota County, Minnesota.
City Planner Rick Kelley provided a background report to the Planning
Commission regarding the current proposal for multi - family performance
standards and asked to establish an additional public hearing date on
February 1, 1989 to allow for more modification of the performance
standards to include commercial performance standards.
MOTION: It was moved by Carlson, seconded by Felkner to set a
public hearing for February 1, 1989 beginning at 7:30 p.m. in the City
Planning Commission Minutes
January 4, 1989
Page 4
Council Chambers to gather further input regarding performance standards
for multi - family and commercial zoning districts. The motion carried
unanimously.
C. Rezoning from "NC" to "R -1C" or "R -2 ".
LOCATION: West Side of Pennock Avenue, South of 128th
Street W.
PETITIONER: City of Apple Valley, Dakota County, Minnesota.
City Planner Rick Kelley provided a background report dated January
4, 1989 in which he recommended rezoning of parcel A to "R -2" zoning,
which would allow for duplex construction. He noted that the owner (Art
Eaton) has no proposed use of the property, but believes it should not be
rezoned at this time.
Member Kleckner stated that he would not recommend rezoning, but
prefer to retain the same zoning on both sides of Pennock Avenue which is
"NC". Member Sterling asked for clarification regarding the length of
time the mobile home park will be in place; noting it may be better to
simply rezone the site to "R -2" now.
Art Eaton, developer and owner of the site, stated he was opposed to
rezoning for the following reasons:
1) He did not plat this property as "R -2" property.
2) MnDOT acquired the right -of -way for Pennock Avenue and thus,
created this leftover parcel A as an after thought.
3) The parcel is very shallow and very steep. The depth of the lot
is slightly over one hundred feet (100').
4) This is not a normal residential property nor is there
residential property directly adjacent to parcel A.
5) There is concern over the influence of this parcel on the mobile
home park and the commercial zoning to the east.
6) If the City were to "down zone" this site, it would be
extracting value from the site which is currently zoned "NC" for
neighborhood commercial.
Member Gowling asked Mr. Eaton if there was enough room for a typical
Tom Thumb convenience -type store. Mr. Eaton responded that the site is a
"bastard" piece of property which is very difficult to develop. He stated
H A;A L .•.h t " with th ark l but the a across the
e no ,. snow .. a ., do a n ,, e t parcel s
street is planned for neighborhood commercial or higher density housing
and is zoned for neighborhood commercial.
Planning Commission Minutes
January 4, 1989
Page 5
Member Gowling asked if the Tom Thumb convenience store would be
feasible on the site. Mr. Eaton stated it would be possible to excavate
the site and place a small commercial retail building on the site easier
than creating a residential property out of parcel A. Member Kleckner
noted that a public hearing still would be necessary to replat the site
for a future use. Member Erickson stated that he felt the best use for
the site was for an addition to the mobile home park. Member Sterling
questioned whether the site should be zoned for mobile home park, which is
in a "M-4" zone.
MOTION: It was moved by Member Felkner, seconded by Member
Kleckner, to recommend no change on the property zoning and to change the
Comprehensive Plan to a dual designation of "D- II /NC ". Motion carried - 4
voting in favor, 1 voting opposed (Member Carlson), and 1 abstention
(Member Sterling).
D. Resolution For Tax Increment Financing District No. 7.
City Planner Rick Kelley provided a background report describing the
Downtown Development District No. 2 Tax Increment District No. 7, which is
located in the northwest quadrant of the downtown. Noted that the
Planning Commission's responsibility is to review the proposed uses to see
that they are consistent with the City's comprehensive plan and zoning.
Member Carlson stated that he appreciated the more directed level of
discussion and supported the concept of providing better public
improvements in the downtown core. He stated that, in his opinion, the
proposal meets the comprehensive plan requirements. Member Erickson
stated his concern that the City may not have adequate commercial
development standards to require quality development which in turn would
not need redevelopment in another fifteen (15) years. A general
discussion ensued.
MOTION: Member Carlson moved, seconded by Member Gowling to
recommend approval of the Tax Increment District No. 7 development
district as being consistent with the comprehensive plan and zoning as
shown in the attached motion. The motion carried 5 in favor, 0 voting
opposed and 1 abstention.
7. DISCUSSION ITEMS:
A. Shoreline Open Space Policy.
City Planning and Development Director Dennis Welsch provided a
background report regarding ultimate shoreland open space uses proposed in
gravel areas. Report dated December 29, 1988 proposed three alternative
uses around III III lakes, which included an alternative with a separated
road and park system; an alternative with a separate trail system; and an
alternative with isolated parks connected by a parkway set back some
Planning Commission Minutes
January 4, 1989
Page 6
distance from the shoreland. A general discussion ensued concerning the
future use of water bodies in the City of Apple Valley.
Members Sterling and Erickson discussed the benefits of retaining a
public road system adjacent to a public park and noted that it clearly
defines the public open space and reduces the amount of conflict between
owners adjacent to the park.
MOTION: It was moved by Member Carlson, seconded by Member Felkner
to recommend alternate one (a shoreland pathway and roadway system around
any created lake) noting that any such shoreland park should have an
average width of at least 300 feet. The motion carried 5 to 1.
8. OTHER BUSINESS:
A. Planner's Institute.
City Planner Rick Kelley provided the Planning Commission with
background information on the upcoming Planner's seminar and invited
Planning Commission members to attend. Planning Commission members were
to call Rick Kelley if they could attend.
B. Vacancy On Planning Commission.
MOTION: It was moved by Member Carlson, seconded by Member Erickson
to request the City Council to fill the vacancy on the Planning Commission
as soon as possible in order to provide for a full compliment of members.
The motion carried unanimously.
9. ADJOURNMENT.
The meeting adjourned at 9:20 p.m.