Loading...
HomeMy WebLinkAbout10/04/1989&vvieet ed �o�Y PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY OCTOBER 4, 1989 1. CALL TO ORDER The October 4, 1989 meeting of the Apple Valley Planning Commission was called to order by Chairman Robert Erickson at 7:33 p.m. in the City Council Chambers of the City of Apple Valley City Hall. Members Present: Chairman Erickson, Members Carlson, Felkner, Weldon, Kleckner, Sterling, and Gowling. Members Absent: None. Staff Present: Richard Kelley, Meg McMonigal, Kurt Chatfield, Keith Gordon, Lon Aune, and Dennis Welsch. Others Present: See the sign -in sheet. 2. APPROVAL OF THE AGENDA The agenda was approved with the following changes: Item 4B, a variance request, was removed from the consent agenda and placed on the agenda as the first item within the Land Use /Action section. Item 7 was to include a report on code enforcement. Item 8 was to include a setting of hearing dates for comprehensive plan amendments and notification of joint City Council /Planning Commission meeting minutes. MOTION: A motion was made by Member Weldon, seconded by Member Carlson, to adopt the agenda. The motion carried unanimously. 3. APPROVAL OF THE MINUTES OF SEPTEMBER 20, 1989 MOTION: A motion was made by Member Carlson, seconded by Member Sterling, to approve the minutes of the September 20, 1989 meeting. The motion carried unanimously. 4. CONSENT AGENDA (One motion sends items needing no discussion on to the City Council with the staff recommendations.) A. Porch Variance LOCATION: 14453 Guthrie PETITIONER: Dennis Van Laecken (PC89- 064 -V) Planning Commission Minutes October 4, 1989 Page 2 MOTION: A motion was made by Member Weldon, seconded by Member Gowling, to approve a porch setback variance for Dennis Van Laecken located at 14453 Guthrie with staff recommendations attached. The motion carried unanimously. 5. PUBLIC HEARINGS A. J. V. Development Rezoning and Preliminary Plat LOCATION: South Side of C.R. #38 (125th Street West) East of Dorchester Trail PETITIONER: Earl M. Vraa (PC89- 049 -ZS) STAFF REPORT: September 24, 1989 by Planning Intern Kurt Chatfield Planning Intern Kurt Chatfield introduced the subject and provided background information noting that the project request was to rezone 20 acres south of Valleywood Municipal Golf Course from agricultural zoning to "R -1C" single - family residential zoning. The applicant, Earl Vraa, has submitted preliminary plats proposing 33 single - family lots and a new road connecting Dover Drive from the Hunter Ridge plat to County Road 38. The Planning Staff recommended approval of the rezoning because it is consistent with the comprehensive plan and adjacent and future land uses. In addition, the staff recommended that Dorchester Court should not be extended to the east, but should remain as an existing cul -de -sac. A new cul -de -sac should be constructed extending east from Dover Drive to service the area toward Dorchester Court cul -de -sac. An easement should be provided between lots 3 and 4 to provide future access to the 38 acre parcel of land east of the Vraa land. This parcel is within the City of Rosemount. With those conditions, the Planning Staff recommended approval of the preliminary plat. Members Weldon and Kleckner asked for clarification regarding topography and walkout lots adjacent to Dorchester Court. A general discussion ensued regarding the access to the City of Rosemount 38 acres parcel adjoining the Vraa land. The staff was requested to provide more details on the ultimate land use on this site. City Engineer Keith Gordon stated that it would be better to have this site served with Rosemount's services. Kurt Chatfield noted that in addition to normal utility easements, this project will require three (3) pond area /storm water easements in order to retain storm water on site. Member Kleckner asked for clarification regarding the park dedication needed. Kurt Chatfield noted that Valleywood Golf Course and Park is north of this site and the Hunter's Ridge Park is nearby, within one -half mile of the Vraa site. He noted that the Park Committee has not reviewed this subdivision to date, but will do so prior to the next planning commission meeting. Planning Commission Minutes October 4, 1989 Page 3 Member Sterling asked for clarification regarding the possibility of making Dorchester Court a cul -de -sac versus a street. City Planner Richard Kelley responded that the city had intended the site to be a cul -de -sac - not a through street. Kurt Chatfield and Keith Gordon explained the need to loop the water system through an easement from the Woods Subdivision to the south. William Johnson and Del Schwanz, representatives for Vraa Development, explained that they had no problem with the rearrangement of the subdivision to include a cul -de -sac off of Dover Drive instead of Dorchester Court. Mr. Schwanz noted that the Rosemount access may be impractical, but created no problem within the lots for the Vraa Develop- ment. Stan Swirhun, 12506 Dorchester Court, and Rick Wasilensky, 12516 Dorchester Court, presented the following list of objections to the Vraa Development: 1. Dorchester Court should remain as a cul -de -sac since it is poorly drained to the south and would require extensive reworking. 2. Water pressure in the Huntington area is poor in some of the higher areas with forty (40) pounds of pressure at best. 3. The plan calls for seven (7) lots instead of four (4) adjacent to the cul -de -sac, thus loosing trees in the area. They also expressed concern with the grading of the streets and the need for restrictive covenant to reduce the amount of tree cutting that would take place in the Vraa Development. Stan Swirhun asked for clarification regarding the value of the homes proposed in the area. Chairman Erickson stated that the city stays out of restrictive covenant issues and does not place values on housing to be built in an area, but rather lets the market demand place that value. William Johnson of Vraa Development stated that homes will be upper echelon homes and that the project will have covenants which protect the site. A citizen in the audience remarked that the park area within the Valleywood Golf Course was not considered a neighborhood park. Chairman Erickson asked the staff to respond to the citizen request for more infor- mation regarding the park within the golf course. Citizens in the area expressed concern about the safety of children crossing County Road 38 to enter the neighborhood park within the Valleywood Golf Course area. Planning Commission Minutes October 4, 1989 Page 4 Del Schwanz stated his only objection to the project, as a surveyor for the project, would be if the project were to loose three (3) lots by relocating the cul -de -sac on Dover Drive instead of Dorchester Court. Member Carlson stated that the project would best be served by a new cul -de -sac off of Dover Drive instead of Dorchester Court. Pat Cropsey, 12626 Driftwood Lane, asked for clarification regarding the city's policies for tree replacement. He stated that the Huntington area was poorly graded and trees were cut down needlessly. He expressed concern whether the same type of grading would occur on the Vraa site. Chairman Erickson requested a written report from the Forester and the Park Committee regarding their concerns over the Vraa property and the need for tree protection, as well as construction of parks in the area. Keith Gordon stated that he had received a call from Warren Bond who lives in the Woods Addition, south of the Vraa site. Mr. Bond stated he objected to the construction of a road connecting the Woods Addition to the Vraa Development. Member Gowling explained the differences in the levels of services and neighborhood needs as parks and development mature. Chairman Erickson closed the public hearing. B. Multi - family Standards - Zoning PETITIONER: City of Apple Valley (PC89- 043 -Z) STAFF REPORT: October 4, 1989 by City Planner Richard Kelley City Planner Richard Kelley provided a background report and explanation of the issues requiring a new multi- family housing ordinance. He stated that the new ordinance would upgrade the multi - family districts into eight (8) separate districts. It would reduce the sliding scale and uncertainty of current density and it would eliminate overlaps in the lower and upper ends of density. He explained a bonus system for the additional density that could be acquired by developers. Member Kleckner asked if there would be a bonus for underground parking. Richard Kelley responded no, that underground parking or attached parking was required in all multi - family A and B zones. Member Kleckner asked if a functional fireplace would be required and what would be the definition of a functional fireplace. City Planner Richard Kelley responded that it could be either gas or wood. A general discussion ensued regarding the need for two (2) bathrooms and three (3) bedrooms in some units. Planning Commission Minutes October 4, 1989 Page 5 City Planner Richard Kelley explained the area requirements and the density requirements proposed and how they will be consistent with the comprehensive plan. Member Kleckner asked whether exterior siding should be specified as a natural material and sited various projects which had steel siding with low maintenance and good visual appeal. City Planner Richard Kelley responded that any developer can request, through the public hearing process and approval of conditional use permit, to use other materials other than wood or brick. This allows the city to have an additional role in the review of the exterior of buildings. Member Kleckner asked for clarification regarding the minimum setbacks from buildings. City Planner Richard Kelley explained the definition of height of a building for setback purposes was from the grade entrance to the overhang of the roof. The public hearing was closed by Chairman Robert Erickson. C. Garage Variance LOCATION:1 424 Walnut Lane PETITIONER: William K. and Myra M. Almen (PC89- 066 -V) STAFF REPORT: October 4, 1989 by Associate Planner Meg McMonigal Associate Planner Meg McMonigal presented a background report regarding the Almen request for a one foot variance to allow a garage to set within four (4) feet of side yard. MOTION: A motion was mad e Kleckner, to recommend approval located within four (4) feet of and to require the applicant to adjacent neighbor prior to the carried unanimously. by Member Weldon, seconded by Member of a variance to allow a garage to be a side property line (one foot variance) provide a letter of support from the next City Council meeting. The motion LAND USE /ACTION ITEMS A. Galles Subdivision Preliminary Plat and Zoning LOCATION: Cimarron Road, West of Cedar Avenue, North of Palomino Drive PETITIONER: Glen F. Galles (PC89- 036 -Z) STAFF REPORT: October 4, 1989 by Planning Intern Kurt Chatfield Planning Intern Kurt Chatfield provided a background report relating to the proposal and previous action provided by the Planning Commission regarding the rezoning request and the six (6) lot preliminary plat. He noted that the Park and Recreation Advisory Committee recommended that no park be constructed because the Galles site was too small, inaccessible Planning Commission Minutes October 4, 1989 Page 6 and had poor visibility. Planning Intern Kurt Chatfield compared the attributes of a "R -1B" and a "R -1C" zone and highlighted the density requirements. A general discussion ensued regarding the soils and drainage on the site. Chairman Erickson stated that he had received letters of opposition to the project and was primarily concerned with the soils, setback, and driveway access problems. Member Kleckner stated that with twenty (20) feet between the units in a "R -1B" zone, the houses could be specially designed to sit on narrow, eighty (80) foot wide lots. Merlin Anderson, 307 Cimarron Road, stated he was opposed to moving his driveway because it would require cutting down Oak trees and regrading his lot. Developer Glen Galles provided information regarding the road location and the width of the road, asking the Planning Commission to grant a variance to allow the road width to be reduced to twenty (20) feet.. Keith Gordon and Member Carlson discussed the accuracy of the current preliminary plat. Member Gowling stated that the issue should not be resolved without an accurate drawing and completion of a soil and drainage study. MOTION: A motion was made by Member Sterling, seconded by Member Carlson, to recommend denial of a rezoning from "R -1B" to "R -1C ". The motion carried 6 - 0 - 1. Member Kleckner abstained. MOTION: A motion was made by Member Sterling, seconded by Member Carlson, to table for two (2) weeks the action on the preliminary plat with the following corrections to be made during that time: A. An accurate preliminary plat be filed. B. Soil borings on lots 1 and 6 be completed. C. An agreement on the street location acceptable to the City Engineer be provided to the Planning Commission. The motion carried 6 - 0 - 1. Member Kleckner abstained. Member Felkner stated that the Planning Commission should deal with the lot widths through the normal variance process when the preliminary plat is considered for approval. B. American Transportation Bus Garage Site Review and Building Permit Authorization LOCATION: Everest Avenue and 148th Street West PETITIONER: Robert J. Regan (PC89- 065 -BC) STAFF REPORT: October 4, 1989 by City Planner Richard Kelley Planning Commission Minutes October 4, 1989 Page 7 City Planner Richard Kelley provided a background report dated October 4, 1989 in which he recommended tabling the issue for further details. He noted that there was a possibility of 224 buses to be located on this site and that the site plan allowed for significant infringement on the residential area to the east and Everest Street to the west. MOTION: A motion was made by Member Carlson, seconded by Member Weldon, to table action on the American Transportation Bus Garage until October 18th, at which time a public hearing will be held to discuss the establishment of a gas dispensing operation on the same site. The motion carried unanimously. C. Coldwell Banker Sign Variance LOCATION: 14990 Glazier Avenue PETITIONER: John Rezac (PC89- 067 -V) STAFF REPORT: October 4, 1989 by Community Development Director Dennis Welsch Community Development Director Dennis Welsch provided a staff report regarding a request by Coldwell Banker to create a seventy -five (75) square foot free - standing sign in a location where a sixty (60) square foot free - standing sign is allowed and currently exists. He noted that the applicant does have forty (40) square feet of building area on which additional signage could be placed instead of requesting an additional fifteen (15) square feet of sign area on the free - standing sign. The Planning Staff recommended denial of the variance to allow additional sign area on the ground sign at the Coldwell Banker building because there are alternatives, such as decreasing the present sign area on the free- standing sign to allow signage for a second tenant, or utilizing the building wall to attach additional signage. In addition, the staff noted there was no apparent hardship of the land in this site. Garfield Clark, representing John Rezac, stated that a sign on the building would create a proliferation of signage and destroy the ascetics of the building. The sign proposed would be to advertise an attorney's business. He requested the commission to consider a tradeoff of signage on the building. In effect, Mr. Clark would agree to placing an additional fifteen (15) square feet of signage on the free - standing sign, but prohibit any signage from being placed on the building if this variance were granted. MOTION: A motion was made by Member Carlson, seconded by Member Sterling, to recommend denial of a variance request for fifteen (15) additional square feet of space on an existing free - standing sign. The motion was defeated 4 - 3. Planning Commission Minutes October 4, 1989 Page 8 Member Felkner recommended that the Planning Commission approve a variance provided that no additional signage be placed on the building and that additional signage placed on the free - standing sign will not exceed a total of seventy -five (75) square feet. Garfield Clark stated that he can have up to three (3) tenants in the building and that the first tenant in will receive the choice of signage, while other tenants will have to abide by the remaining signage available whether on the building or on the existing free - standing sign. NOTION: A motion was made by Member Felkner, seconded by Member Weldon, to recommend approval of a variance to add fifteen (15) square feet of non -lit signage to the existing free- standing sign provided no other building or free - standing sign is allowed on the site. The motion failed on a 4 -3 vote. MOTION: A motion was made by Member Carlson, seconded by Member Weldon, to table this issue until the next meeting. The motion died on a 3 - 3 vote with 1 abstention. Member Gowling and Associate Planner Meg McMonigal discussed the available signage on the building which would allow the owner to place a forty (40) square foot sign on both sides of the building facade, as well as allow for a free- standing sign. MOTION: A motion was made by Member Erickson, seconded by Member Sterling, to recommend denial of the variance. The motion carried on a 4 - 3 vote. 7. DISCUSSION ITEMS A. Code Enforcement Quarterly Report Community Development Director Dennis Welsch presented a summary of code enforcement issues and activities during the first three - quarters of 1989. He noted that the Planning Staff will prepare an annual report on code enforcement issues and begin to compare seasonal and annual activities in code compliance over the coming years in order to gauge time to be allocated, as well as need for additional ordinance revision. B. Establish Public Hearing for the Comprehensive Plan MOTION: A motion was made by Member Carlson, seconded by Member Felkner, to direct the staff to select a date for a public hearing to update the comprehensive plan designations for all land use classifications. The motion carried unanimously. Planning Commission Minutes October 4, 1989 Page 9 C. Zoning Consistency Studies A series of study meetings to consider additional zoning consistency reports was discussed. The Planning Commission established the first meeting of each month, beginning at 6:00 p.m. until 7:15 p.m. as the time to review zoning consistency reports. The first study meeting will be held at the first meeting in November - November 1, 1989. D. Joint Meeting with the City Council November 16, 1989 (Thursday evening) beginning at 6:00 p.m. at the Redwood Community Center, the Planning Commission, City Council, Park Committee, Urban Affairs Committee and Cablevision Commission will meet for their annual discussion meeting. 8. OTHER BUSINESS None. 9. ADJOURNMENT The meeting adjourned at 10:50 p.m. kg