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HomeMy WebLinkAbout08/17/1988CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES AUGUST 17. 1988 1. CALL TO ORDER: Regular monthly meeting of the City of Apple Valley Planning Commission was called to order at 7:30 p.m. on August 17, 1988 at the Apple Valley City Hall by Vice - Chairman Richard Carlson. Members present: Vice - Chairman Richard Carlson; Virginia Sterling, Frank Kleckner, Phillip Peterson. Members absent: Chairman Robert Erickson; Alan Felkner, Marcia Growling. Staff Present: Keith Gordon, Rick Kelley, Meg McMonigal, Dennis Welsch. Others Present: See sign in sheet. 2. APPROVAL OF AGENDA: The agenda was approved as submitted. 3. APPROVAL OF MINUTES OF JULY 20, 1988: Virginia Sterling noted that on Page 3, Item 3B, the location of the project was incorrectly labeled; on Page 13, Item E, Virginia Sterling was misquoted. The statement should have read that Virginia Sterling had no problems with doors, etc. The Commission tabled action on approval of the minutes until the September 7th meeting when all members of the Commission would be in attendance. 4. CONSENT AGENDA: No items were presented 5: PUBLIC HEARINGS: A. Preliminary Plat for Valley Way Village 7th Addition. LOCATION: Northeast Corner of County Road 42 and Pilot Knob Road. PETITIONER: Wensmann Homes, Inc. City Staff Planner Meg McMonigal presented a staff report dated August 17, 1988 describing the Preliminary Plat for Valley Way Village 7th Addition. Since this was a Public Hearing, no formal recommendation was submitted by the staff at this time. City Engineer Keith Gordon explained the ponding and berming system of County Road 42 and Pilot Knob Road. He stated that the staff's concern was that the pond provided no real screening for the townhouses to the north of the site. A development grading plan has now been completed which illustrates a smaller pond with berming between the pond and the road for visual screening. A pond is still necessary for surface water retention. The pond will have an inlet and an outlet. Herb Wensmann, 5379 Upper 147th Street, Apple Valley, Minnesota, stated that originally this site was to be utilized for apartments, but that townhouses and row houses are more compatible with the existing Planning Commission Minutes August 17, 1988 Page 2 development in the area and that they are selling well in this development. He noted that he also preferred the engineer's solution regarding the addition of a berm and a smaller pond. Keith Carlson, 14831 Endicott Way #316, Apple Valley, Minnesota, is a condominium owner in the Valley Way Additions and asked if there was more proposed parking to be placed on the site. Mr. Wensmann responded that there would be at least twelve (12) new spaces at the edge of Valley Way I Addition with nine (9) additional spaces along the west edge of Valley Way II Addition. A general discussion ensued who was responsible for the maintenance of the infrastructure; including sewer, water and storm sewer. City Engineer Gordon stated that the City is responsible for sewer, water and storm sewer that is placed within a public utility easement. Nancy Cook, 14881 Lower Endicott Way, Apple Valley, Minnesota, asked when the pond will be installed. Mr. Wensmann responded that the grading will be started in one week and that the grading will take care of weeds currently on the site. The complete grading for the pond will be done within one (1) month. He also noted that row houses to be constructed on the site will be for sale only and that all new, private roads will be the responsibility of the Homeowner's Association within Valley Way II. A general discussion ensued regarding which streets were private and which were public. All private streets will be 24 feet in width. Chairman Richard Carlson closed the Public Hearing and noted that a decision will be made by the Planning Commission at its' September 7th meeting. 6. LAND USE /ACTION ITEMS: A. Preliminary Plat, Rezoning and Building Permit Approval for Nordic Woods 6th Addition. LOCATION: Northeast Corner of Galaxie Avenue and 132nd Street West. PETITIONER: M. W. Johnson Construction, Inc. City Planner Rick Kelley presented a staff report dated August 17, 1988 in which he described the revised site plan and landscape plans; as well as the five (5) proposed models for zero lot line housing and row houses. Mr. Kelley described and clarified the density; and the use of Galaxie Avenue and Zoo Road for access to the proposed site and to the site north of the proposed site. The owner of unplatted, undeveloped parcels to the north of the Johnson site requested that the Planning Commission consider a cul -de -sac within the apartment area of the proposal. Instead of a through street that must project north through the apartment project to the corner parcel, the owners proposed access to Galaxie Avenue along the north boundary of the Johnson parcel thereby not allowing 132nd Street Court to be extended into the future development on the unplatted, undeveloped parcel - parcel 016 -04 on the handout maps. Planning Commission Minutes August 17, 1988 Page 3 Chairman Carlson described the need for traffic planning. When the Zoo Road carries the expected traffic load on an east -west route after 138th Street is connected, the intersection with Galaxie Avenue will be congested. Chairman Carlson did not favor an additional access point onto Galaxie Avenue from the undeveloped tract. City Planner Rick Kelley noted that the distance from the right -of -way line along the Zoo Road to the south property line of the undeveloped parcel was between 300 and 360 feet. Steve Grohoski of Consumers Realty, 10880 W. 175th Street, Lakeville, Minnesota, stated that the developers of the Nordic Woods 6th Addition were not as concerned about whether a cul -de -sac or a dead end street is constructed, but that a decision be made on which alternative would be most suited to the City's needs. He expressed concern about installing a cul -de -sac which later could be changed to a longer, extended street. City Engineer Keith Gordon noted that a cul -de -sac, which is later ex- tended, is a poor road because of the shape of the right -of -way and the problems in straightening out a former cul -de -sac. Member Sterling noted that landscaping is also a problem with temporary roads. Chairman Carlson stated that one project development drives the development of the other project and he would like to see both projects develop at the same time. This four (4) acre underdeveloped parcel will be a big issue at a later date when the developers attempt to develop after single family homes have been built along the east of the property line and apartments have been built along the south property line. Member Sterling noted that the property owners along the east property line will be single family owners; much more opposed to higher density development within the undeveloped parcel to the west. City Planner Kelley noted that there could be two (2) entrances to the undeveloped 3 1/2 acre parcel which would support the proposed future fifty (50) unit apartment complexes. These accesses could be at Galaxie Avenue and at the north end of the dead end from 132nd Street Court; especially if there are density increases on the site and if 132nd Street Court is constructed as a dead end street rather than a cul -de -sac. Chairman Carlson noted that he favors the proposal as submitted and discussed by Planner Kelley. Member Kleckner stated that the current proposal, as amended by Kelley, gives added flexibility. Member Sterling stated that entry onto Galaxie could be constructed as right turn only. Member Kleckner noted the major problem for the Planning Commission will be in notifying future residents of the single family area in particular what will happen on the undeveloped parcel to the west. City Planner Kelley noted that better screening along the west property line of the single family area should be incorporated as a development condition. Member Sterling asked City Planner Kelley to explain performance standards regarding the placement and setback of units as well as landscaping. Member Kleckner questioned the setbacks of the units closest to the north property line and asked whether this setback could be placed in a performance standard. Member Planning Commission Minutes August 17, 1988 Page 4 Kleckner asked whether a hardship was indeed created since the property owner was creating this situation by placement of the structure in this location. The current setback should be 25 feet - the proposed setback is 10 feet. Therefore, a 15 foot variance would be necessary. Steve Grohoski of Consumers Realty representing the developer stated that the developer preferred to have the Planning Commission approve the project as is with the condition that either the developer would shift the end unit into compliance with the required setbacks or drop the unit from the project and therefore, no variance would be necessary. A motion was made by Member Peterson, seconded by Member Kleckner to recommend approval of the amended planned unit development 138 creating sub- district 7 and creating the small lot, single family area with performance standards. The motion carried unanimously. A motion was made by Member Kleckner, seconded by Member Peterson to recommend approval of the preliminary plat subject to 25 foot setbacks along Lot 1 of Block 2 with the dead end as depicted in the preliminary plat. The motion carried unanimously. A motion was made by Member Peterson, seconded by Member Sterling to recommend issuance of the building permit for the small lot, single family provided that the small lot, single family incorporated the landscaping and additional berming along the west side of the small lot, single family area. The motion carried unanimously. A motion was made by Member Sterling, seconded by Member Peterson to recommend approval of the multi - family project subject to completion of the landscape plans as of 8 -8 -88. The motion carried unanimously. 6. C. Frontyard Setback Variance for New Home. LOCATION: Lot 10, Block 2, Cherry Oaks Estates. PETITIONER: Leet Wilson. City Planner Rick Kelley presented a background staff report dated August 17, 1988 and recommended no substantial hardship in this case and therefore, the variance should be denied. City Engineer Keith Gordon reviewed the site and noted that a house can be built on the site without need for a setback variance as proposed. A motion was made by Member Kleckner, seconded by Member Sterling to recommend denial for the reason stated in the staff report. The motion carried unanimously. Planning Commission Minutes August 17, 1988 Page 5 f 6. D. Setback Variance for Parking Lot Expansion. LOCATION: 7575 153rd Street W. PETITIONER: K -Mart. City Planner Rick Kelley provided a background staff report dated August 17, 1988 in which he stated the need for additional on -site parking and noted that it would be beneficial to the entire project. The planning staff recommended approval of the variance to within 7 feet of the south property line of Lot 2, Block 1, Apple Valley Square 4th Addition. City Planner Kelley noted that the total parking on the Apple Valley Square site is adequate to support the entire project, but that the lot on which K -Mart is constructed is separately owned and has privately, restricted covenant requiring more spaces. He noted that a similar 5 foot frontyard setback variance had been granted to Group Health on an adjacent site. Member Kleckner asked if there were site problems and visibility problems created by closer encroachment to the property line. City Planner Kelley noted that the cars would still be placed at least 25 feet from the edge of the curb line and therefore, would create no site problems. Member Sterling asked if additional landscaping would be required and if trees would be transplanted onto the site or moved to another location. City Planner Kelley noted that the trees can be moved and landscaping will be increased. Ted Meyer of Oppenheimer, Wolff & Donnelly of St. Paul representing K -Mart stated that four trees are in the area and that K -Mart will re- landscape the area similar to that area at the adjacent Group Health building. K -Mart is prepared, he stated, to make a better landscaped area or replace the trees as necessary. Anna Marie Daley, 900 Second Avenue So., Minneapolis, Minnesota 55402, representing Apple Valley Square Shopping Center, stated that the shopping center owners object to the variance because K -mart has not demonstrated an undue hardship. She stated there is currently the threat of litigation with K -Mart. K -Mart has made a decision to build a building larger than is required within the restrictive covenants. Because the building is larger than allowed in the restrictive covenants, the number of parking spaces will be lost to the building expansion. Ted Meyers stated that the ongoing litigation and bad feeling between the property owners is obvious and when the garden store opens the K -mart store will still be in compliance with the City zoning ordinance. He noted that K -Mart is attempting to create more parking spaces as required by the Apple Valley Square Shopping Center restrictive covenants. Chairman Carlson noted that there is a need for better internal parking and traffic management on this site. He summarized the issues. The current proposal does meet the City code. There is a question as to whether there is a hardship created and a need for a variance. The Planning Commission Minutes August 17, 1988 Page 6 covenants are the issue that require the variance. No one has discussed whether the covenants can be changed. Ted Meyer noted that the restrictive covenants require more parking than the code requires. Chairman Carlson noted that the retailer should work out this problem as a private matter rather than requesting the City to act as middle man. Member Sterling asked for clarification regarding the setback of the garden shop from the property line and whether or not the garden shop was considered a permanent building or merely a fenced in area. Member Kleckner asked for clarification where additional parking could be placed and whether the project was consistent with adjacent property owners such as Group Health. Meyer and Daley argued the points regarding whether the site was a statutory hardship based on Minnesota Law, Member Peterson moved, seconded by Member Sterling to recommend tabling the issue. The motioned tied two to two. Therefore, the motion failed. Member Kleckner asked if the project was recommended for approval if it would go to the City Council? The answer was yes. Chairman Carlson stated that the hardship is simply a matter between two private parties who cannot reach an agreement. Member Kleckner stated that there is an adjacent parcel which has already been approved for a five foot setback (Group Health). Chairman Carlson stated that a hardship is normally a topographic or land use problem. Member Peterson stated that "to not allow parking is illogical ". A motion was made by Kleckner to recommend approval. The motion died due to a lack of second. A motion to deny the variance was made by Sterling, seconded by Peterson. The motion died due to a 2 -2 tie vote. A motion was made by Kleckner, seconded by Sterling to table the action on this item until the September 7th meeting. The motion carried unanimously. The staff is to review all hardships with the City Attorney. 6. E. Side Yard Setback Variance for Addition to Single Family Home. LOCATION: 213 Park Lane. PETITIONER: Alan S. Bidus. City Staff Planner Meg McMonigal provided a staff report dated August 17, 1988 in which she explained that construction of an addition to a single family home was already underway, but the City Inspectors had found the construction project was within three feet, two inches of the property line. The City code requires a five foot setback for single family additions behind a garage. She noted that the property owner would not be able to attend the meeting this evening. She stated that the reason for the inadequate setback was misinformation on a preexisting, Planning Commission Minutes August 17, 1988 Page 7 inaccurate survey. Member Sterling visited the site, noted that the project is very close to the property line. A motion was made by Member Sterling, seconded by Member Kleckner to recommend denial of the setback variance. Member Sterling noted that this was not unique to the property and that the landowner had created the problem, that there was no physical hardship and that alternatives were available to build the structure differently. The motion carried unanimously. (The Planning Commission thereby recommended denial of the variance.) 6. B. Conditional Use Permit for Gas Pump and Curb Cut at American Transportation System, Revised Building Plans. LOCATION: Southeast Corner of Johnny Cake Ridge Road & 148th Street West. PETITIONER: American Transportation, Inc. A motion was made by Member Sterling, seconded by Member Peterson to table discussion and action on this item until September 7th. The applicant was not in attendance and the staff felt the applicant may withdraw this request. The motion carried unanimously. 7. DISCUSSION ITEMS. A. Council Action of July 28, 1988 (Verbal Report). July 28th Council Minutes had not been sent to the Planning Commission and therefore, no discussion was held. B. Zoning or Other Code Improvement Suggestions (Commission). There were no zoning code amendments suggested by the Planning Commission. A general discussion did ensue regarding the amount of setback requirements needed for downtown developments and associated parking. The Planning Commission expressed concern about reducing the setbacks and thereby reducing the potential winter snow storage areas. C. Park Committee Minutes of August 2, 1988 (If Available). Park Committee Minutes were not available; no discussion was held. D. Status of Current Environmental Reviews. 1. Sand and Gravel Operations South of C.R. #42 2. Huntington 2nd Addition City Planner Rick Kelley provided an update to the Planning Commission regarding the Environmental Impact Statement Scoping Document being prepared. The scoping document will be published August 23, 1988. After the publication of the scoping document, the City and the proponents Planning Commission Minutes August 17, 1988 Page 8 will have 280 days in which to complete a draft Environmental Impact Statement, which would then be submitted to a public hearing to be held either by the City Council or the Planning Commission. After the public hearing is complete, the City Council must determine the adequacy and adoption of the document and publish the results or decisions of the City Council in ;the EQB monitor. City Planner Rick Kelley noted that the Huntington 2nd Addition Environmental Assessment Worksheet has been completed. There appears to be no Environmental Impact statement necessary. This has been published in the EQB monitor. He also noted that the Lake Alimagent Apartments Environmental Assessment Worksheet adequacy will be completed within the next 30 days and the Planning Commission will then be requested to make a decision regarding the adequacy of the building plans. 8. OTHER BUSINESS. None. 9. ADJOURNMENT. It was moved by Member Kleckner and seconded by Member Sterling to adjourn at 9:25 p.m.