HomeMy WebLinkAbout04/20/1988CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
April 20, 1988
Minutes of the meeting of the Apple Valley Planning Commission held Wednesday,
April 20, 1988, at 7:30 p.m. at the Apple Valley City Hall.
PRESENT: Chairperson Robert Erickson; Commission Members Richard Carlson, Alan
Felkner, Marcia Gowling, Frank Kleckner, Virginia Sterling; Staff Members
Dennis Welsch, Rick Kelley, Meg McMonigal, Keith Gordon; thirty -two
members of the public. City Council Member Gary Humphrey was present.
ABSENT: Phillip Peterson.
1. Chairperson Erickson called the meeting to order at 7:35 p.m.
2. Approval of Agenda.
MOTION: of Carlson, seconded by Sterling, to approve the agenda
as presented.
VOTE: Yes, 6; No, 0.
3. Minutes of April 6, 1988.
AGENDA
Page 1, Item 4, Line 12 should read: (If the Apple Valley apartment MINUTES
project is approved, the project would only have to comply with the April 6,
standards in effect when application is made for the building permit.) 1988
Ms. Cowling asked for clarification of discussion with Mr. Gene Tousignant (1),
Page 2, regarding the "wetland" on his property -(this is not a holding pond).
Please note: Mr. Phillip Peterson was in attendance at the April 6, 1988 meeting
With these corrections, the following motion was made:
MOTION: of Carlson, seconded by Felkner, to approve the minutes of April 6, 1988
as corrected.
VOTE: Yes, 6; No, 0.
4. Public Hearing for Preliminary Plat for Diamond Path 12th Addition.
LOCATION Northwest of Embassy Avenue and Embry Path. PH, PREL
PETITIONER Wensmann Homes, Inc. PLAT
DIAMOND
Chairperson Erickson opened the Public Hearing with the standard PATH 12t
opening remarks. Ms. McMonigal presented the petition for Diamond Path ADDITION
12th Addition (18 townhome lots) which includes Outlot H as requested
by the City. The issue of ownership of this outlot is unresolved. Setbacks,
parking, and density meet the city's requirements. Mr. Gordon indicated that
he had met with the surveyor of Wensmann Homes, Inc., and they have worked out
a plan to rectify stormwater drainage. There is an area sloping to a low point
with a beehive catch basin on the west side of the proposed development and south
of where homes flooded last summer. All water from Outlot A as well as this
proposed addition will drain to the storm sewer on Embry Path. Regarding the
ownership of Outlot H - -all three home owners'associations have some influence
as to how this property should be used; discussions are being held and it is felt
this issue will be successfully resolved. Mr. Wensmann presented colored render-
ings of the buildings and area residents were present, thus seeing the planned
development.
Speaking from the Public:
1. Mr. Foster Hemstock, 5360 Emerald Way, AV: indicated he was speaking as a
representative of five homeowners who bought around the open area. He
indicated Mr. Wensmann had told all five that the common area would be
PLANNING COMMISSION MINUTES
April 20, 1988
Page 2
deeded to the Emerald Point Homeowners' Association; but Mr. Wensmann
said that it would be deeded to all associations (3). Mr. Hemstock is
concerned that the open area will be well maintained as green space.
Mr. Wensmann said that ownership will go to the Diamond Path 12 Addition,
but that home owners of all three associations will have easement to the
area, but there will be ONE owner.
2. Mr. Bruce Thompson, 5346 Emerald Way, AV: THANKED Mr. Gordon for the
"assuring" words regarding plans for drainage; he felt the proposal
sounds good.
Chair Erickson closed the Public Hearing with the standard closing remarks.
5. Public Hearing for Rezoning and Preliminary Plat for Carrollton 5th Addition.
LOCATION Between Haven Drive and C. R. #42, West of 147th St.
PETITIONER Carrollton Development, Inc. PH,REZON
PREL. PL
Chair Erickson opened the Public Hearing with the standard opening CARROLLT
remarks. Mr. Kelley presented the proposed plat containing 12 lots 5th ADD.
for small lot single family- detached homes, Outlot A for institutional
uses (pond & Armory) and Outlot B for commercial uses. Mr. Kelley explained
the changes in the planned DevelopmentZoning which would be necessary.
The change to permit commercial uses raises a number of issues which must be
addressed. Mr. Welsch explained that the proposed Armory use if the "push" for
the change in zoning.. Mr. Carlson asked what the driving force is for the
location of an Armory at that site. City Council Member Humphrey indicated that
part of the reason is that this a. preferable location from the National Guard's
point of view - -this would be a community building, too, and is in close proximitN
to the Community Center and the High. School. This may also be used for additions
fire training. Mr. Carlson wondered about the architecture and was told that
the Armory in Bloomington is a good example of how armories are now very attracti
buildings. Chair Erickson would like to have additional information as how this
would be used as a community facility. Mr. Humphrey said that this would be
a training site for a technical division and would house communications gear,
not an infantry unit. Mr. Humphrey also explained that it is a misconception
to think that the Army is looking at a Rosemount site, that there is still a
tremendous demand-for space despite the facilities at the new Community Center
(activities at the armory would probably be run by the AV Parks & Rec. Dept).
Mr. Carlson indicated that he had a real "hangup" with locating an armory at thi:
particular site. It was felt . that a representative from the National Guard shou_
be invited to the next meeting to explain what type of intergrated planning
would occur for use of the facilities, how would this be used by the Fire Dept.
for training, why this location, etc. Ms. Sterling indicated that she would
favor keeping the Public Hearingopen:.until someone from the National Guard
could make a presentation. Chair Erickson recalled earlier objections to
commercial uses on the north side of CR #42. Regarding Park. Dedication, the
City will be collecting Cash in Lieu of land and they also hold an option to
ten net acres if so desired. ( Outlot B and some of Outlot A). Chair Erickson
wondered if there is a need for a neighborhood park in that area. Mr. Humphrey
indicated that the Parks Dept. has looked at the issue and feels an armory would
fit in nicely. Chair Erickson indicated that he felt an armory located in that
area is dring everything else and he is not so sure he would like to see
commercial in that area particularly adjacent to single family homes. The
sixty foot stand of trees could comprise the only treed lots in Carrollton.
PLANNING COMMISSION MINUTES
April 20, 1988
Page 3
It was suggested that the Commission tour an armory and Chair Erickson
would like to talk to surrounding residents of an armory to see that
kind of a "neighbor" an armory makes.
MOTION: of Sterling, seconded by Gowling, to hold the Public Hearing
open until the next meeting of the Planning Commission in order
to hear a presentation from the National Guard.
VOTE: Yes, 6; No, 0.
MOTION: of Kleckner, seconded by Cowling, to set a Public Hearing
to consider appropriate amendments to the Comprehensive Plan
to be in conformance with the actual rezoning.
Discussion: Ms. Sterling would like to wait until a decision
is made as to whether an armory should be at that
location.
Mr. Carlson and Mr. Kleckner would like for Staff
to check with both the Fire and Parks Departments
for formal feedback regarding this proposal.
VOTE: Yes, 6; No, 0.
6. Public Hearing for Revisions to the Comprehensive Plan Related to Sand
and Gravel Mining Operations.
LOCATION South of C. R. 142, West od Dodd Blvd. and East of PH, REV.
COMP. PI
Galaxie Ave. SAND /GRU
PETITIONER City of Apple Valley. VEL MIN]
Chair Erickson opened the Public Hearing with the standard opening OPERATIC
remarks. Mr. Kelley presented the revisions to the Comprehensive Plan
which would serve to list specific conditons under which new and /or
expanded mining operations would be permitted south of C.R. #42..,Mr. Kelley
discussed the conditions which would be included, but not limited to the
operation. The Gravel Extraction Comprehensive Policies, Plan and Zoning
Amendments were also discussed. Item 1 of the Comprehensive Plan Revisions
would mean some control over noise, dust, etc. Item 7 would deal with the
economic impact on the City. Mr. Welsch further reviewed the Gravel Area
Plan Amendment Goals and Comprehensive Plan Revisions indicating that Item 6
impacts all of the City's planning. He would like to have the potential
amended policy ready for the May 4 or 11 meeting. Environmental concerns must
be addressed and responses from the MN Dept of Natural Resources, the Pollution
Control Agency, the Vermillion Water Agency, etc. must be received. An
Enviromental Impact Statement must be prepared before any formal action can be
taken. Chair Erickson indicated that he does not want to do anything that would
"lock" ourselves into gravel operations until a financial impact statement is
reviewed, until the policies and ordinances are absolutely in proper order (no
small cracks because of literally driving gravel picks through them!!) . Mr. Kel.
indicated that thB?hft' &�flAypeople in Lakeville were not officially notified.
Chair Erickson would like for the property owners in Lakeville to know what may
happen across the street from them. Our Staff will notify the Lakeville City
Staff who in turn should notify the affected residents. Chair Erickson said
that he would like to see these residents informed "upfront" of what is being
proposed across the road from them. Mr. Welsch indicated that Mayor Branning
** * would like this issue resolved by early summer. Chair Erickson wants to make
sure that Staff does all the necessary research first and that the Planning
Commission has time to adequately review all facets of this.
PLANNING COMMISSION MINUTES
April 20, 1988
Page 4
Ms. Cowling would like to review the pros and cons of sand and gravel operations
in other cities -- review policies to see how this issue has been dealt with.
Speaking from the Public:
1. Mr. Patrick Hughes, 14346 Gannon Way, AV: said that the map does not show
the existing gravel opeations and wished to tell the Commission what it is
like to live next to a gravel operation - -for going on eight years, they
are unable to open their windows in the summer time because of dust; they
are awakened between 4:30 and 5:00 a.m. from the noise of the crushers;
dust and dirt has literally destroyed their yard. There has been no
commitment and no cooperation from the existing gravel operators and little
support from the City. He felt that the lives of the people who live in the
area should be regarded; also, fifty years is a long time to allow gravel
operations - -a lot of property will be destroyed by gravel operations in
fifty years. He indicated he is depending on the Commission to do the
right thing for the residents by understanding what it is like to live
so near a gravel operation.
Ms. Sterling indicated the purpose of this is to look to the future and
what is best for future homeowners and to tie in eliminating gravel operation
near to the area of Mr. Hughes. Mr. Hughes indicated that he would rather
see gravel operations be banned from the City.Chair Erickson explained that
the reason for Mr. Hughes' feeling of very little cooperation from the City
was probably because the City's hands have been virtually "tied" for a
number of years (pre- existing conditions). There is a concerted effort
to get some control over this operation.
Chair Erickson closed the Public Hearing with the standard closing remarks.
MOTION: of Cowling, seconded by Sterling, to forward to the Metropolitan
Council the proposed gravel search area for their review regarding
the impact on the Metropolitan Systems.
VOTE: Yes, 6; No, 0.
Chair Erickson declared a ten minute recess.
7. Consideration of Rezoning and Preliminary Plat -- Huntington 2nd Add.
LOCATION North and South of Diamond Path, West of Pilot Knob Rd, REZONIN
PETITIONER United Mortgage Corporation. PREL.PI
HUNTING
Mr. Kelley presented the petition for consideration of a rezoning _2 ADI
and the Preliminary Plat containing 118 single family lots, 61 town-
house units and 156 condominium apartment units. On the revised plat,
deletion of the proposed park area is indicated by the extension of
one of the cul -de -sacs and the addition of 7 single family lots. An outlot
encompassing the protected water would be dedicated to the City as part of
its storm water system. Park dedication would be taken as CASH -IN -LIEU of
land. Comments were made regarding speed and volume of traffic on Diamond Path
and 126th Street West. The outlot around the protected water would be permanent
open space but would not be a -place where residents would be encouraged to go.
Speaking from the Public were:
1. Mr. Shawn Moynihan, Lawyer representing Ms. Elanor Petter who is owner
of the property to the south.of the proposed development, expressed concern
over the storm water runoff, and road access. Mr. Gordon explained how the
t.,atpr ;a to he routed on its wav to Farauhar Lake through the pond on the
PLANNING COMMISSION MINUTES
April 20, 1988
Page 5
Petter property. Mr. Gordon explained the plans for replacing the old metal
culvert, and the responsibilities of the City for periodically cleaning the
sediment, that a surveyor is staking out the high water level 7' above the
pond, and that the land will be assessed as development is accomplished. An
Enviromental Assessment Worksheet should be complete within a 60 -day period.
2. Mr. Greg Braun, 13826 EvelethCt., AV: was told that this item would be
open to public comment for new information only; he wondered where the
the water would drain to from the new Church being constructed south of the
Zoo Rd. and was told a pond would be constructed on the site with drainage
to Long Lake emptying eventually into Farquhar Lake. He commented that
Farquhar Lake seems to be "dying ". Silt within 30' of the outlet would be
dredged out, but the entire lake would not be dredged.
3. Mr. Brad Blackett, 417 Reflection Rd., AV,.: commented on /matter of
Farquhar Lake "dying" saying that the way development is being done
in the City, the entire plant growth processes in the lakes is being
adversely affected.
Ms. Elanor Petter commented that there is no mechanical filtering in Farquhar Lak
She commented on the sediment build up and was told the City will dredge the
portion if possible, abutting the Petter property.
Further discussion ensued regarding drainage, sediement build up, etc.
MOTION: of Sterling, seconded by Cowling, to recommend the approval of the
rezoning as requested.
VOTE: Yes, 6; No, 0.
MOTION: of Kleckner, seconded by Felkner, to recommend the approval of teh
.Preliminary Plat for Huntington 2nd Addition subject to a negative
declaration on the EAW, and also subject to the inclusion of a
temporary cul -de -sac at the end of each stub street.
VOTE: Yes, 6; No, 0.
Mr. Carlson was told there was not much land left to be developed in that
area to be included in that catch basin.
8. Sketch Plan Review for Palomino Ridge Townhouses.
SKETCH
LOCATION On Pennock Aven., West of Cedar Ave. and the Zoo Rd.- FLAN RED
PETITIONER St. Croix Development, Inc. PALOMINC
RIDGE
Ms. McMonigal presented the sketch plan review for Palomino Ridge TOWNHOUf
Townhomes on two sites. 92 units are proposed on the southern site
and 18 units on the northern site. Staff suggested that the location
of the pond be changed to accommodate the current drainage characteristics of the
site. There is concern that sufficient parking be provided. Two access points
are proposed for the northern site (18 units) with the feeling that one would
be sufficient and that the location of this should be further considered.
The petitioner(s) presented their plans for units which would rent from $550 -600
per month to $950.00 per month - -two and three bedroom units. These units would
for the most part be compatible with the single- family homes in the area. 264
parking stalls for the site are planned and all units would have at least one
oaraoe_ Thev were advised that the demand is for a two -car garage. Also, they
PLANNING COMMISSION MINUTES
April 20, 1988
Page 6
were advised to be careful about placing the road to close to the Cedar Ave.
ramp. Chair Erickson indicated that they may not have trouble "selling" their
development to members of the Planning Commission, but they should be prepared
for probable opposition from the neighbors.Mr. Felkner advised of the curving
of Pennock Ave. and they would be well advised to study accesses to their propose
development.
It was felt this seems to be a logical place for townhouses, but consideration
should be given to proposing two -car garages.
9. Continuation. of Public Hearing for Capital Improvements Plan.
CONT.
MOTION: of Carlson, seconded by Gowling, to continue the Public PH, CAP.
Hearing for the Capital Improvements Plan. IMP. PLB
VOTE: Yes, 6; No, 0.
10. Consideration of the Planning Commission Mission Statement.
PLANK.
MOTION: of Carlson, seconded by Cowling, to TABLE this item. COMM.
VOTE: Yes, 6; No, 0. MISSION
STATEMET
11. Other Items.
1. Mr. Felkner and Ms. Cowling were reappointed to the Planning Commission
for a three -year period.
2. "Citizens Guide to the Comprehensive Plan, City of Plymouth" booklet was shoe
as an example of what Apple Valley could produce.
3, Apple Valley Apartments, Lake Alimagnet project has been deferred another
fifteen days for consideration awaiting information from the Petitioner
and the opponents,
12. Adjourn.
MOTION: of Carlson, seconded by Sterling, to adjourn the meeting at
10:25 p.m.
VOTE: Yes, 6; No, 0.
APPROVED SECRETARY