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HomeMy WebLinkAbout05/03/1989CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 3. 1989 1. CALL TO ORDER: The meeting was called to order by Chairman Robert Erickson at 7:30 p.m. in the City Council Chambers of the City of Apple Valley City Hall. Members Present: Chairman Erickson, Members Felkner, Kleckner, Sterling, Growling, Weldon and Carlson. Staff Present: Richard Kelley, Keith Gordon, Meg McMonigal, Lon Aune, Dennis Miranowski, Jim Plummer and Dennis Welsch. Others Present: See sign -in sheet. 2. APPROVAL OF AGENDA: The agenda was approved as written. 3. APPROVAL OF THE MINUTES OF APRIL 19, 1989. MOTION: A motion was made by Member Felkner, seconded by Member Gowling to approve the minutes of April 19th meeting with the following corrections: On page 3, the hearing should have been closed - not the meeting. On page 6, paragraph 2, the statement should read an overall landscape plan illustrating grading, erosion control and turf management techniques shall be provided by the applicant to be used prior to house construction and to be reviewed by the Soil and Water Conservation District. On page 4, paragraph 3, it should read 5,500 square feet for the minimum lot size rather than 55,000 square feet. On page 4, paragraph 4, last sentence should read Member Kleckner concurred and stated that the main purpose of the Planning Commission would not be to damage the lake. The motion carried 5 voting in favor and 2 abstentions because of absence. 4. CONSENT AGENDA (Non - controversial items needing no discussion may be placed on this agenda by Commission members. One motion sends items on to the City Council with the staff recommendations.) None. 5. PUBLIC HEARINGS: A. Capital Improvements Program - 1989 - 1994. Chairman Erickson opened the continued public hearing and requested a staff report. City Planner Rick Kelley gave a brief explanation of the Planning Commission Minutes Page 2 May 3, 1989 progress on the capital improvements program and illustrated a chart of expenditures for the six year period. He requested the Planning Commission to continue the capital improvements hearing until May 17, 1989 at which time the commission may wish to make a formal recommendation on the capital improvements program. There was no public comment offered. Chairman Erickson continued the public hearing to May 17, 1989. B. Rezoning and Preliminary Plat for the Oaks of Apple Valley IV. LOCATION: Between Cedar and Pennock Avenues, North of Harwell Avenue. PETITIONER: George C. Maurer Construction (PC89- 018 -SZ). Associate Planner Meg McMonigal presented a background report dated May 3, 1989 in which she described the proposed request to rezone and plat thirteen acres providing twenty single- family lots in a site which would be zoned "R -1C ". The current zoning is "R-IA". She noted that the proposal is consistent with the comprehensive plan and that the road system ties in directly to the existing Granada Avenue on the north within the Hallwood Highlands subdivision. Ms. McMonigal pointed out that a major issue in the past has been where to locate a park in this area. The Park Committee had recommended that a park be placed along Pennock Avenue northwest corner of the plat. She noted that the applicant, Terry Maurer, has been working with the adjacent property owners and with the park staff to find other alternative locations for a park further south than the one requested by the Park Committee. She distributed two park plan concepts prepared by Maurer and Randy Johnson illustrating a park to be located on the Helen Schultz property. Chairman Erickson asked for clarification regarding park fees. He asked the staff to compare the base price of undeveloped land and the price after development and determine whether the city was receiving a fair park dedication fee for residential purposes. A general discussion of park dedication ensued. Keith Gordon described the street accesses within the project and noted that the current alignment will have to be realigned slightly to reduce the angle of the curves in the plat to that of a thirty mph curve. Terry McDonald, consultant with Suburban Engineering, representing Terry Maurer, presented additional information regarding the park property and the subdivision layout. Member Gowling asked if there would be a parking lot on the site. Ms. McDonald responded that she had spoken with Randy Johnson who felt that there would be no need for parking on the site since this is a neighborhood park accessible by pedestrians. Mr. iiaurer noted that if a parking lot were ever needed, the vacated Greenland Avenue would be a possibility. Planning Commission Meeting Page 3 May 3, 1989 Member Sterling asked if the cul -de -sac design should be changed to that of a tear -drop design. Keith Gordon responded affirmatively. A discussion ensued regarding whether the play fields as proposed in the Maurer plan would be lit or unlit. The consensus was that the fields are not planned to be lighted fields nor are they planned to be used for league play. Mr. Erickson, an adjacent owner, expressed concern about the preliminary plat and the park land proposed in this project. He asked for further information to attend the Park Committee meetings. Member Kleckner commended applicant Maurer for the coordination and working with the city to resolve many of the issues. John DiRico, member of the Park Committee, said that he had not reviewed this park plan previously but reiterated what the Park Commission's recommendations were as of April 1989. He noted that the Park Committee will again meet on May 16 and he will explain this project to the Park Committee. Chairman Erickson asked the staff to provide the recommendations to the Planning Commission on May 17th in a verbal format so that the recommendations of the Park Committee may also include staff recommendations. Mary Kay Erickson, 136th and Pennock Avenue, expressed opposition to any lights in the park. Bill Swanstrom, 13575 Pennock Avenue, stated he was excited about the development but concerned about the field. He stated that he would like to be called or notified when the Park Committee meetings are so that he may discuss this issue with the Park Committee. Jerry Otto remarked that his initial concerns, which were similar to the Erickson's about the Heritage Park project, were resolved when the park was designed to fit the neighborhood. Mary Kay Erickson asked about whether the road would connect to property or would be designed as a before a decision can be made. the extension of Harwell Avenue and existing Harwell Avenue through her cul -de -sac. Further study is needed Member Weldon asked Mr. Maurer to describe the initial house size for value for this project. Mr. Maurer noted that his current marketing strategy would be to market these homes in the $200,000 - $275,000 bracket. Planning Commission Minutes Page 4 May 3, 1989 Mrs. Erickson again expressed her concern about the park issue and Mr. Swanstron expressed his opposition to the extension of Harwell Avenue. Chairman Robert Erickson closed the public hearing. C. Conditional Use Permit and Building Permit Authorization for Western Government Center. LOCATION: Northwest Corner, C.R. 42 and Galaxie Avenue. PETITIONER: Dakota County (PC89- 019 -CB). Rick Kelley provided a background report dated May 3, 1989 in which he described the requirement for conditional use permit because the building is 65 feet in height where the ordinance allows a maximum height of 40 feet without a conditional use permit. The staff recommended approval. Planner Kelley noted that his recommended action included a typographic error. The condition attached to the recommendation should read the area of the building which is in excess of 40 feet in height shall be subject to a minimum building setback of 100 feet from any property line. Planner Kelley also provided background on the building permit issuance request and recommended approval of the building permit for the Dakota County Western Service Center with the following nine conditions: 1) Internal road to road intersections must have a minimum curb radius of 15 feet. 2) Minimum width of one -way entry roads to be 18 feet. 3) Entry medians to a public street ( Galaxie Avenue) within the boulevard area and beyond the sidewalk to be of a surmountable design. 4) Any outside trash storage to be provided with an enclosure consisting of a solid screening wall with doors. 5) Color of building materials to be selected with the participation of the Apple Valley City Council. 6) Signage to conform with the Apple Valley sign regulations. 7) Landscape and signage in the southeast corner to be modified to coincide with the City's "entry feature" monument at the "Ring Route" intersection of Galaxie Avenue and C.R. #42. 8) Property to be platted prior to occupancy of the building. Planning Commission Minutes Page 5 May 3, 1989 9) "Ring Route" streetscape features to be incorporated into the site plan wherever feasible. Members Erickson and Kleckner asked for height and parking clarification as well as landscaping and model information. Member Kleckner asked for additional information regarding the design and the cost of the atrium. Member Erickson asked for additional information regarding the building meeting the parking requirements. A general discussion ensued regarding the design of the library and the balcony and meeting spaces. Ken Harrington, representing the Dakota County Physical Planning Department, stated that he concurred with the amended conditions subject to agreeing to exterior materials on May 16, 1989 and including a clari- fication of what design elements should be included from the "Ring Route" study of the City of Apple Valley. There was no comment from the audience. MOTION: A motion was made by Carlson, seconded by Gowling to recommend approval of a conditional use permit subject to the staff conditions and corrections as listed above. The motion carried unanimously. LAND USE /ACTION ITEMS: A. Building Permit Authorization for Palomino East Apartments. LOCATION: West Side of Pennock Avenue, North of Palomino Drive. PETITIONER: Carl Watrud and Art Eaton (PC89- 017 -B). Planning Commission Member Frank Kleckner stepped down from the Planning Commission table and sat in the audience. City Planner Rick Kelley provided a background report regarding the building permit authorization recommendation dated May 3, 1989. The proposal included a 72 unit building with underground parking. The building would be constructed of brick and wood siding. Planner Kelley reviewed the proposal discussed at the April 19, 1989 meeting regarding setbacks from the rear lot lines. A general discussion ensued regarding the various alternative setbacks and building designs to protect the back property line and woodlot along the west property line. Planning Commission Minutes Page 6 May 3, 1989 Charles Habiger, architect for the applicant, illustrated a model and a site plan alternative. Chairman Erickson asked for clarification regarding easements on lift station needs. City Engineer Keith Gordon reported that sewer and water can be connected to this project from the service drive by gravity flow. However, the lowest garage level will require a lift station for storm sewer. These improvements will be made at the developer's expense. Member Erickson noted that the neighbors had reviewed this project in 1985 and had accepted it with a 100 foot setback as a compromise. Member Felkner asked for clarification regarding how many trees would be lost and how many new materials would be installed to replace the destroyed trees. Architect Habiger stated that the damaged areas will be replanted and that the site will have more variety than currently exists; including additional Spruce, Douglas Fir, River Birch, Linden, and Red Maple. Member Felkner asked if the sixty foot additional shift to the east and south (100 foot total setback) would destroy as many trees as the current site plan. Mr. Habiger stated that it would preserve more trees in the back or west side, but lose more on the east side with the 100 foot setback proposal. Member Gowling asked why neighbors were not notified of this proposal; noting that in 1985 neighbors were brought into the discussion and approval process. Planner Kelley noted that in 1985 the neighbors were officially notified because the project at that time required a subdivision and public hearing. Currently, there is no public hearing or subdivision necessary. John DiRico, representing the Palomino Homeowners Association, stated his opposition to the project being set any closer than 100 feet to the rear property line because it would destroy the existing trees on the site. He stated he was not happy and would oppose any alternative to the original 1985 plan. Frank Kleckner stated that he had met with the adjacent property owners in 1985 and had originally started the project with 102 units, noting that it now is a 72 unit project which was approved. Charles Habiger stated that the 100 foot setback would save trees adjacent to the neighbors, but would destroy more trees overall. An alternative proposal set closer to the west property line would be more sensitive to the grading and preserve more of the remaining trees. MOT IOM: A motion was made by Gowling, seconded by Member Weldon to recommend approval of the building permit authorization with the revised landscape and grading plans and a 96 foot or greater setback from the adjacent west to northwest property line. The motion carried 6 - 0. Member Kleckner rejoined the Planning Commission. Member Sterling left the meeting. Planning Commission Minutes Page 7 May 3, 1989 B. Setback Variance for New Four - /plex. LOCATION: 8477- 79 -81 -83 144th Street West. PETITIONER: Tom Heiberg (PC89- 020 -V). Planning Intern Jim Plummer provided a background report dated May 3, 1989 in which he discussed the request for a 5 foot setback on each side yard for a proposed 4 -plex reducing the proposed side yard setbacks from 25 to 20 feet. The Planning Staff recommended approval of the variance because there were few logical alternatives on this odd shaped site and because the site was platted for a smaller building. In addition, the staff noted that the hardship for the variance had been created by the newly adopted City performance standards (adopted after the original platting of this site) which requires construction of a larger garage capable of storing two vehicles. MOTION: It was moved by Member Carlson, seconded by Member Kleckner to recommend approval of the 5 foot side yard setback variance for Tom Heiberg. The motion carried unanimously 6 - 0. C. Setback Variance for Gas Pump Canopy. LOCATION: 213 C.R. #42 (Dick's Valley Mobil). PETITIONER: Dick Tuthill (PC89- 021 -V). City Planner Rick Kelley provided a background report dated May 3, 1989 in which he recommended allowing a setback for a gasoline pump canopy to the existing setback of the pumps (13.5 feet from the property line). He also recommended denial of any encroachment beyond the 13.5 foot setback. Mr. Bob Fields, representing Dick Tuthill, stated that the lack of an ordinance at the time of the original building is a hardship for this project. He stated that the existing islands are not competitive with newer facilities and that canopies may be considered a community convenience. Chairman Erickson asked for clarification regarding the down lighting which would be utilized in the canopy, asking for the impact on adjacent residential properties. A general discussion of the various variance setbacks and alternatives ensued. Member Kleckner noted that there appear to be no sight problems and that the hardship in this case was the grandfathered pumps. Member Gowling asked if the neighbors understood the plan and the height of the project. Mr. Field noted that the neighbors are not aware of the project. He stated he would meet with the neighbors between the Planning Commission Meeting and the Council Meeting. Planning Commission Minutes Page 8 May 3, 1989 Mr. Field described the lighting fixtures to be attached to the ceiling of the canopy as being 9 inch box lights with a recessed lens. He stated that the neighbor will see the canopy, but not the light source. Member Gowling asked if the intercom system would be utilized for advertising. Applicant Tuthill stated that the speaker system will only be utilized to meet the State code regarding operation of self- service gasoline pumps. MOTION: Member Kleckner moved, seconded by Member Felkner to recommend approval of a variance to set a gasoline pump canopy to within 3 112 feet of the south property line provided the applicant supplies a written opinion from the adjoining neighbor regarding his concerns on the project and the variance. The motion carried unanimously 6 - 0. D. Pennock - Cedar - Garrett Land Use Study Planning Commission Recommendations (PC89- 012 -R). Community Development Director Dennis Welsch presented a background report and series of Planning Staff recommendations regarding the land use within the Pennock - Cedar- Garrett land use study area. Staff report dated April 25, 1989 will be utilized at the May 17, 1989 meeting to prepare Planning Commission recommendations to the City Council. No action was taken. E. Amendments to Zoning Regulations - Section A1-61(d) - Parking in Residential Districts. Community Development Director Dennis Welsch provided a report and recommended an ordinance related to regulating the number of vehicles which can be parked on paved surfaces in residential districts. He also explained the Urban Affairs Committee recommendation to hold a joint meeting with the Planning Commission regarding screening, pavement, recreation vehicles, and total number of vehicles on the site. A general discussion ensued regarding the method in which enactment should occur and whether or not adopting a single ordinance would be effective or rather a series of ordinances should be adopted at a later date. A general discussion of the word "vehicle" ensued. MOTION: A motion was made by Member Carlson, seconded by Member Felkner to recommend approval of the amendment as submitted by the Planning Staff to the City Council. The motion carried unanimously. MOTION: A motion was made by Member Carlson, seconded by Member Weldon to establish a public hearing with the Urban Affairs Committee at Planning Commission Minutes Page 9 May 3, 1989 the first Planning Commission meeting in June, 1989. The motion carried unanimously. 7. DISCUSSION ITEMS: (Generally Verbal Reports) A. Council Action of April 27, 1989 (Staff Report). City Planner Rick Kelley provided a background discussion of the Council's actions on April 27, 1989. B. Zoning or Other Code Improvement Suggestions (Commission). None. C. Potential Amendment of Subdivision Regulations for "Minor Subdivision" (Kelley). MOTION: On a motion by Member Carlson, seconded by Member Weldon, the Planning Commission established a public hearing date of June 7, 1989 to discuss amendments to the subdivision ordinance which would allow for minor subdivisions. The motion carried unanimously 6- 0. D. Potential Amendment of Zoning Code Maximum Land Coverage From 30 to 40 Percent with Performance Standards (Welsch). Community Development Director Dennis Welsch provided a background discussion of the competitiveness of Apple Valley's industrial building coverage requirements with that of other communities. He requested the Planning Commission to establish a public hearing to discuss an amendment to Section Al -43 of the zoning code which would increase the amount of building coverage to 45% from 30 %. MOTION: On a motion by Member Carlson, seconded by Member Weldon, the Planning Commission agreed to establish a public hearing for an amendment to Section Al -43 of the zoning code regarding industrial building coverage for June 7, 1989. Commission asked that if the agenda was already filled for June 7th that this hearing be scheduled for June 21st or later. The motion carried unanimously. 8. OTHER BUSINESS: A. Tax Increment Finance Land Use Consistency Resolution - "Ring Route" and Clinic Improvements. Community Development Director Dennis Welsch provided a report and discussion regarding the improvements to be made in Tax Increment District #8 and Tax Increment District #9 (Apple Valley Medical Clinic and Ryan Planning Commission Minutes Page 10 May 3, 1989 Construction Shopping Center). He noted that the majority of the improve- ments to be installed in these two Tax Increment Districts would be public infrastructure or public walkways. The Planning Commission discussed its role in the Tax Increment Financing issues; noting that they did not necessarily agree with the use of Tax Increment Financing, but found that the projects proposed within Tax Increment Districts #8 and #9 were consistent with the comprehensive plan and the zoning of the City of Apple Valley. MOTION: A motion was offered by Member Carlson, seconded by Member Weldon to recommend in the form of the attached resolution that the projects within Tax Increment District #8 and Tax Increment District #9 are consistent with the comprehensive plan and the zoning code of the City of Apple Valley. The motion carried unanimously 6 - 0. ADJOURNMENT: The meeting adjourned at 11:38 p.m. kg