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HomeMy WebLinkAbout03/01/1989vor1_ecz;ecf L.o�p CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MARCH 1. 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 City of Apple Valley City Hall. Members Present: Chairman Erickson, Members Richard Carlson, Alan Felkner, Virginia Sterling, Marcia Gowling. Members Absent: Frank Kleckner. Staff Present: Richard Kelley, Scott Hickok, Keith Gordon, Dennis Miranowski and Dennis Welsch. Others Present: See sign in sheet. 2. APPROVAL OF THE AGENDA: The agenda was approved with the addition of a resolution to be introduced by Member Carlson as Item 8C. 3. APPROVAL OF THE MINUTES OF FEBRUARY 15, 1989: The minutes of the February 15, 1989 meeting were approved with two corrections on Page 5 to note that both motions on the Southport case were motions carried by 5 - 0 instead of 6 - 0. With the correction, Member Carlson moved, seconded by Member Gowling to approve the minutes. The motion carried 4 - 0 with two abstentions - Kleckner and Sterling. 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 March 1, 1989 Page 2 6. LAND USE /ACTION ITEMS: A. Preliminary Plat for Eagle Ridge Estates 3rd Addition. LOCATION: West Side of Galaxie Avenue, from 135th Street to Upper 136th Street. PETITIONER: Argus Development (PC89- 005 -5) Associate Planner Scott Hickok provided a background report dated February 15, 1989 in which he reviewed the Argus Development request for approval of a preliminary plat of Phase 3 Eagle Ridge consisting of 71 single - family lots covering 26 acres. The staff report included six (6) conditions of approval. Chairman Erickson asked for clarification regarding the blister and curves within the road system and whether removing the "blisters" would allow for larger lots, but smaller frontage. Member Sterling asked for clarification regarding the pathways along Galaxie. Keith Gordon responded that during the Summer of 1989 the City will remove the stone retaining wall along Galaxie Avenue and will straighten the road, as well as the pathway, on Galaxie. Member Sterling asked for clarification regarding the removal of islands and out - buildings. Member Carlson questioned the need for an outbuilding on a lot without a principle dwelling and asked whether the outbuilding should be moved to a site within existing single- family home; in particular the garage which currently sits on Lot 11 of Block 4, should be moved to Lot 10 of Block 4. Member Kleckner asked for clarification regarding the variances which would be provided on lots which are not anticipated for development at this time. A general discussion ensued regarding the variances. It was noted that the variances for the existing single- family homes would amount to a 12' variance along the house to set within 18' of the front property line. Member Carlson asked for a further details on the Garrett Avenue extension north to the school property noting that a barricade should be placed at the end of the street to prohibit vehicles from entering into the school yard. Member Erickson asked for clarification and noted that a pathway should connect the school to Garrett Avenue through the west side of the school yard. Planning Commission Minutes March 1, 1989 Page 3 Member Kleckner asked for clarification from the engineering staff regarding the need for islands in the middle of the roads and whether the Park Department and /or Park Committee had reviewed this proposal. Keith Gordon noted that the City does not approve of the island because they are a snow plowing problem and because the islands tend to be a maintenance problem in the summer months. City Planner Kelley stated that parkland dedications in this subdivision would be cash in lieu of land. MOTION: Member Gowling moved, seconded by Member Sterling, to recommend approval of the preliminary plat of the Eagle Ridge 3rd Addition as proposed by Argus Development with the seven (7) conditions noted in the project summary dated February 15, 1989: 1.) Removal of all center medians. 2.) Grading on lots, not to exceed 4:1. 3.) Redesign of Block 3, Lots 3,4,5, to eliminate the "blister ". Staff recommends a variance to lot widths (Lots 3,4,5) be allowed to facilitate the redesign. 4.) Driveways reworked to eliminate individual access onto Galaxie Avenue. This can be phased with that portion of development. 5.) Sidewalks installed on both sides of Garrett Avenue. 6.) Setback variances be granted to five (5) lots to provide a more suitable arrangement with existing terrain and proposed roadways. 7.) The garage currently located on Lot 11, Block 4 shall be moved to Lot 10, Block 4 and utilized as an auto garage (not a storage building), or the garage shall be razed or removed from the project site. Any other outbuildings on the project site shall also be removed. The motioned carried unanimously 5 - 0. B. Sign Variance for Apple Valley Theatre. LOCATION: 7200 W. 147th Street, Apple Valley, Minnesota. PETITIONER: JoAnn Guetschoff. (PC89- 011 -V) Associate Planner Scott Hickok provided a background report dated February 28, 1989 in which he reviewed the request by the Apple Valley Theatre to grant a variance allowing for chasing or flashing lights around the perimeter of seven (7) marque panels on the west end of the theatre. Staff recommended denial of the variance request because no hardship existed in this case. Chairman Erickson stated that he felt the theatre currently had too much signage, it stands out and is visually identifiable from the west. He also noted that there appeared to be no need for flashing lights because of the existing visibility. Members Sterling, Kleckner and Carlson agreed with Chairman Erickson's assessment of the lack of need for the flashing lights. Planning Commission Meeting March 2, 1989 Page 4 MOTION: It was moved by Member Carlson, seconded by Member Kleckner, to recommend denial of the request for the variance to allow chasing or flashing lights around the perimeter of the seven (7) marque panels on the west end of the Apple Valley Theatre. The motion carried 5 - 0. Member Gowling stated that she felt this theatre was a family - oriented theatre and that there was no need for additional lights and that if such lights were approved, every business in the downtown would ask for the same type of variance; creating a battle over flashing lights. 7. DISCUSSION ITEMS: A. Council Action of February 23, 1989 (Verbal Report). City Planner Rick Kelley provided a background verbal report on the City Council's approval of performance standards for multi - family, commercial and industrial buildings. He also provided a background report on Dick's Valley Mobile request to be tabled until the applicant could return with an entirely different proposal for parking adjacent to a residential district. Dennis Welsch provided a background verbal report regarding the adopted 1989 work goals of the City Council and Staff. A copy of which was distributed to each Planning Commission Member. B. Zoning or Other Code Improvement Suggestions (Commission). The Planning Commission asked for information regarding code enforce- ment policies and the nuisance ordinance administration. The Staff will report back to the Planning Commission at a future meeting. 8. OTHER BUSINESS: A. Zoning /Comprehensive Plan Consistency Cases. CASE 002 (Cedar Knolls Commercial) - City Planner Rick Kelley provided a back - ground report dated February 24, 1989 in which he reviewed the Cedar Knolls commercial area wherein the existing zoning is "RB" and the existing comprehensive plan is "D -III ", "RB ", and "NC ". Kelley also noted the owner has responded in a letter dated February 13, 1989 to the need for changes in the comprehensive plan stating that he (Mr. Ron Cornwell) is opposed to any consideration by the City to change the Land Use Map or to rezone the commercial property at Cedar Avenue and 127th Street. Member Kleckner stated that there is a need for some type of convenience commercial area in one of the quadrants adjacent to 127th and Cedar. Member Erickson stated that there may be too much commercial area Planning Commission Minutes March 2, 1989 Page 5 currently designated for commercial uses. He noted that there has been no major commercial development in this area for the past fifteen (15) years. Member Carlson stated that the City may have too many commercial centers designated or under construction at the moment. City Planner Kelley asked the Planning Commission to await further information from a commercial market study to be done by the City to establish marketing standards for commercial centers. CASE 022 (East Valley Plaza Areal - City Planner Rick Kelley provided a background report dated February 24, 1989 in which he described the East Valley Plaza project wherein one area is zoned in conflict with the comprehensive plan. It is currently zoned "A" and lies in an area designated for "D -II ", Mixed Residential, and "RB /D- III ", Retail Business /Mixed Residential uses within the comprehensive plan. The size of the conflicting area is approximately 250,000 square feet. Rick Kelley noted that in past discussions the Planning Commission had discussed the need for low density multi- family along the west side of Essex Avenue or Limited Business only in this area. Member Erickson stated that retail business should not be allowed on the west side of Essex Avenue. Member Carlson stated that instead Essex Avenue should be low density multi- family or single- family. He asked why the City should use "D -III" land use designations when an apartment may not be appropriate on the east side of Essex. A "D -II" designation may be more appropriate. A general discussion ensued regarding the definition of a "LB -1" zoning district. MOTION: A motion was made by Carlson, seconded by Member Sterling, to support the use of "LB -1" as the zoning along the west side of Essex Avenue in CASE 002. In a discussion, Member Gowling asked if this is too limiting of a zoning district. Member Kleckner asked whether townhouses could also be built in a "LB -1 ". The answer was no. Member Carlson asked if a "D -III" in the center of the area makes any sense at all. Member Sterling stated that a "D -II" may not be logical either along the west side of Essex. Member Kleckner asked if the Commission would consider using a dual comprehensive plan designation; allowing the owners to rezone consistent with either a "LB -1" for townhouse uses. The motion, as originally stated, carried 3 - 2 with Kleckner and Gowling voting in opposition to the motion. Member Kleckner stated that he would agree with the motion if "D -III" had also been included in the motion. CASE 023 (MACRO Remainder) - City Planner Rick Kelley provided a background report dated February 24, 1989 in which he reviewed the conflict between property currently zoned "A" for Agriculture and the designated comprehensive plan "D -II" Mixed Used Residential for this site. The staff recommendation was that a rezoning of the property be done in conjunction with the development of the property located on the west side of Essex. A determination of whether multi - family or limited business land use should await the development of the property on the west side of Planning Commission Minutes March 1, 1989 Page 6 Essex. Chairman Erickson stated that he agreed with the staff recommendation and also felt that low density multi - family would be appropriate on the east side of Essex. Member Kleckner agreed with Chairman Erickson. Member Carlson asked why single family could not be extended on the east side of Essex with a cul -de -sac off of Essex. MOTION: Member Kleckner moved, seconded by Member Gowling to support low density, multi - family zoning ( "M -1 ") along the east side of Essex. The motion carried 4 -1. Carlson voted in opposition because single - family uses may be more appropriate in this area. CASE 030 (CEDAR PLAZA /RUSSELL PROPERTY)- City Planner Rick Kelley provided a background reported dated December 30, 1988, which he reviewed the Cedar Plaza /Russell property limited business area designated on the comprehensive plan which covers more than the area zoned for limited business. The western side of the area is planned for "D -III" Mixed Residential, but it is still zoned "R -1A ". Member Carlson stated that a major problem with the site is access and that access should only be allowed for the corner parcel from Granite Avenue rather than from a private driveway system on to the "LB -1" site. There should be no access on 140th or Cedar at the intersection. Member Erickson stated that a better alignment of Granite Avenue would help, but that single family zoning in the area is not appropriate. Member Carlson stated no single family should be allowed nor a "D -III" or "D -IV" use because this is the first major intersection in Apple Valley on Cedar Avenue. It creates the image for the remainder of the community. He asked what would look good and reflect the values of the community on this corner. Member Erickson stated that the property to the west is currently zoned "M -3 ", which in effect drives the use of the property along the corner. Member Carlson asked if an "LB -1" area could be used as a gateway to Apple Valley; leaving out any single family uses. Member Sterling asked for clarification regarding traffic flows between a multi- family district or an "LB -1 ". Member Erickson suggested the site may be appropriate for an office center with a conference center as a central focus. A general discussion ensued regarding the intensity of use on the site. Member Kleckner stated that this would be a nice site for a large quality residential project or a quality business project. MOTION: It was moved by Member Carlson, seconded by Member Sterling to support the entire site as "LB -1" zoning (Limited Business I). The motion carried 3 -2 with Kleckner and Gowling in opposition. Member Kleckner stated that he would prefer a designation of "LB -1" - "D- III ". Planning Commission Minutes March 1, 1989 Page 7 B. Status of Citizen's Guide to the Comprehensive Plan (Verbal). City Planner Rick Kelley provided a draft of the Citizen's Guide which will be distributed to residents. The Guide is being prepared by Associate Planner Meg McMonigal. The Planning Commission discussed the content of the Citizen's Guide to the Comprehensive Plan and the various methods of distributing the guide to the citizens. The consensus among the members was that the document should not be distributed to each household, but rather be made available to each household upon request. C. Resolution. MOTION: Member Carlson moved, seconded by Member Gowling, that because the City is in the process of updating the Comprehensive Plan, the Environmental Impact Statement and the City's Gravel Policy, therefore the Planning Commission recommends establishing a moratorium on the issuance of new temporary sand and gravel permits until the gravel ordinance and comprehensive plan revisions are complete. The motion carried 5 - 0. The staff was directed to forward the resolution to the City Council for their consideration. ADJOURNMENT The meeting adjourned at 9:50 p.m.