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HomeMy WebLinkAbout09/21/1988CITY OF APPLE VALLEY AMENDED PLANNING COMMISSION MINUTES SEPTEMBER 21, 1988 (With Corrections As Approved On 10 -5 -88) 1. CALL TO ORDER. The regular monthly meeting of the City of Apple Valley Planning Commission was called to order at 7:33 p.m. on September 21, 1988 at the. Apple Valley City Hall by Chairman Robert Erickson. Members Present: Chairman Robert Erickson; Members Richard Carlson, Alan Felkner, Marcia Gowling and Virginia Sterling. Members absent: Phillip Peterson and Frank Kleckner. Staff Present: Lon Aune, Keith Gordon, Rick Kelley, Meg McMonigal, Dennis Miranowski and Dennis Welsch. Others Present: See sign in sheet. 2. APPROVAL OF AGENDA: The agenda was approved as submitted. 3. APPROVAL OF MINUTES OF SEPTEMBER 7, 1988 MEETING: The minutes were amended by Chairman Erickson. On page 1, paragraph 12, by noting that "Chairman Robert Erickson noted in the record that Judeen Smith Lucente had submitted a letter in which she expressed concern regarding the condition of the buildings and the site plan approval process. Chairman Erickson asked Mrs. Wensmann whether the concerns expressed by Ms. Lucente had been resolved. Mrs. Wensmann acknowledged that the concerns Ms. Lucente had presented were resolved and there were no further problems." A second change on the minutes of September 21st was requested by Member Gowling who suggested that sentence one of the paragraph read "Mr. Holmes stated that the homeowners association had been concerned about the site and have thought about purchasing it. Previously a neighborhood member had attempted to purchase the land with no result." MOTION: Carlson, seconded by Member Felkner to approve the minutes of September 21st with the two amendments as stated by Members Erickson and Gowling. The motion carried unanimously. 4. CONSENT AGENDA: No items were presented. 5. PUBLIC HEARINGS: A. Conditional Use Permit for Parking Lot for Centel. LOCATION: Southwest Corner of Garden View Drive and Walnut Lane. PETITIONER: Centel Company. ' Associate Planner Meg McMonigal provided a background report dated September 21, 1988 in which she described the request for a temporary Planning Commission Minutes September 21, 1988 Page 2 parking lot to be placed on a vacant, residential lot at the corner of Walnut and Garden View. The Planning Staff recommended approval of the conditional use permit request. Chairman Erickson asked for clarification regarding past performance by Centel on the site. A Centel representative stated that Centel would use the site for a 60 to 90 day period in which time employees would be temporarily relocated from a Burnsville office to this site while the Burnsville office was being renovated. Member Sterling asked whether homeowners adjacent to the project approved of the project. The homeowner who lived next door to the parking lot was not present. However, Margaret Bonin, 121 Garden View Drive, stated she opposed the proposal because cars and trucks park on the boulevard lawn and Centel does not fix up the adjacent lawns after the parking has been completed. She stated that when vans park adjacent to the curb, they park on the boulevard grass; especially in the winter and spring. She questioned the procedure of moving employees in and out as they have done a number of times in the past. She noted that vans are currently a problem regarding parking on Walnut Lane because the vans park on both sides of the street, severely narrowing the driving surface. She noted that the lot is not maintained when the trucks leave the site. She stated that the lot should be used for permanent parking and all vehicles should be required to park within the parking lot, not on the street. City Staff explained that the property owner of the site is Tom Reese, who does not want permanent parking placed on his lot. Chairman Erickson asked what additional parking requirements would be available for this site and could they be enforced retroactively. The Staff responded that there are no additional parking requirements for retroactive enforcement, however parking requirements can be placed in the conditional use permit as they relate to the site onto which the proposed conditional use permit would be placed. Centel's representatives stated that for the long term, the company could add additional parking on the same site with the Centel building, but would require setback variances in order to park in front of the building. Planner McMonigal stated that there were two issues being discussed: 1) a request for the temporary 60 to 90 day parking project and 2) a request for a long term parking solution on the street and on the lot. Centel representatives stated they would approach owner Reese with a proposal for a year long off - street parking lease or permit. Sue Knight, owner of property at the corner of Walnut and Garden View, stated there is a long lapse of time between the use of the site and repair of the turf afterwards. Vans and cars continue to park on Walnut instead of using the parking lot. Planning Commission Minutes September 21, 1988 Page 3 Chairman Erickson asked if Centel could work with its employees to park within the lot and not on the street. Centel responded affirma- tively. Centel noted if the proposal were approved, 15 to 30 people would be moved to the site on a temporary basis after the parking construction has been completed. Centel representatives noted that they will work with their staff to resolve the long -term parking problems on the site as well. Member Carlson asked Centel if there were no conditional use permit issued would Centel move to another location. Centel responded affirmatively. Mrs. Bonin asked the commission to work cooperatively with Centel to solve the van parking problem. The hearing was closed. Chairman Erickson explained that there was a controversy revolving around the long term parking issue and not necessarily the short term issue. He asked City Planner Kelley how many neighbors had been notified of the hearing. Kelley responded 38 had been notified by mail. Member Sterling urged that the project be acted upon this evening in order to solve the parking problems before winter and snow set in. MOTION: It was moved by Member Gowling, seconded by Sterling to recommend approval of conditional use permit for Centel temporary parking with the condition that Centel work with the City Staff to refine the use of the site and require employees to park on the site and to reseed the site when Centel is done using the site. The motion carried unanimously. 6. LAND USE /ACTION ITEMS: A. Consideration of Building Permit for Apple Valley Apartments. LOCATION: Southeast Corner of County Road #11 and 140th Street Adjacent to Lake Alimagnet. PETITIONER: H & Z Partners. Chairman Erickson noted that a public hearing had been held in the past on this project and that the purpose of the discussion this evening was not to open another public hearing, but rather to review the building and site plan for the Apple Valley Apartments and to make a recommendation regarding issuance of the building permit. City Planner Rick Kelley provided a Staff background report of September 21, 1988 in which he explained that the project site had been revised to include 2 - 36 unit, 3 story apartment buildings with a revised building height elevation of 35 feet. He noted that a grading plan purposed creating a ponding area in lieu of the small marsh which currently exists because a pond was necessary to control the volume and flow of runoff into the lake as per the City's storm water management plan. Planner Kelley described a summary of the discretionary EAW and the Staff recommended approval with seven conditions as listed in the report of 9- 21 -88. Planning Commission Minutes September 21, 1988 Page 4 Joe Christensen, attorney representing H & Z Builders, illustrated a colored rendering of the elevation of the building. The building exterior would be brick and vinyl siding and the roof line would be lowered by design of a mansard roof instead of a gabled roof. Chairman Robert Erickson acknowledged receipt of a legal brief on the zoning of this and stated that he will turn the legal brief over to the City Planning Staff for review by the City Planning Staff and City Attorney in time for a recommendation to the City Council at its October 6, 1988 meeting. He noted that the Planning Commission will not review or discuss the legal brief as it is not germane to the issuance of the building permit itself. Member Sterling provided a background history on zoning that has been attached to the site; including a 1973 multi - family zoning, a 1977 single - family R1 -C zoning and a 1978 request and approval of a multi - family M -2 zoning. She stated that she was generally opposed to apartments adjacent to a single family project, but understood that the landowner had rights to utilize the site for its multi - family zoning classification. Chairman Erickson noted that a difference between 65 and 72 units; depending upon which multi - family zoning class is utilized would not be a substantial difference from either the code or the comprehensive plan. Member Gowling noted that townhouses would be more compatible on this site than apartments. Member Carlson stated that it is always difficult to place apartments near the single family units, but he recognized the City's needs to provide alternate sources of housing throughout the community. Member Sterling noted that the best approach to building apartments adjacent to single family homes is to build the apartments first, then later begin construction on the single family homes. Member Felkner noted that the ultimate end use decision for the neighbors regarding compatibility of uses would be to ask the courts to review the case. Ed Holmes, 8921 138th Street Court, representing the Lake Alimagnet homeowners association, provided a video tape of three (3) H & Z apartment projects and suggested that the Planning Commission pay particular attention to the compatibility issues adjacent to the structures. Bob Substad, 1805 Victoria Lane, illustrated two (2) apartment projects in the video; including Lexington Apartments in Eagan, Drexel Apartments in Bloomington and the proposed site for the 2 - 36 unit buildings as seen from 138th Street Court. Chairman Erickson thanked the neighbors for the video presentation and noted that the developer must still submit a complete landscape plan which has to be installed as approved in the plan. Member Gowling asked if H & Z would control the maintenance and upkeep on the rental site. Mr. Planning Commission Minutes September 21, 1988 Page 5 Bob Hengel of H & Z Builders stated that he had no control over the Drexel site in Bloomington, but that he would have complete control over the site on 140th Street in Apple Valley. Ed Holmes, 8921 138th Street Court, stated that Apple Valley should have more apartments available but in this particular case there is no buffer between the single family homes and the apartments. A buffer should be townhouses or condominiums and then apartments. He noted that the zoning code refers to harmonious relationships between existing houses, the environment, the lake, the park and apartment buildings. He stated that the building should follow the natural contours of the land. Currently, the building requires extensive grading which is not, in his opinion, proper planning. He noted that the Ml zoning is in compliance with the comprehensive plan and the site could not support 65 units. City Planner Kelley described the reason why 65 units would be allowed on the site even if the zoning were M -1. It related to the zoning density bonuses provided for the specialized type of construction. Mr. Holmes noted that the comprehensive plan allows for up to six units per acre and that the current project exceeds the requirements of the comprehensive plan. Brad Blackett, 457 Reflection Road, asked for clarification regarding the grading plans and the vegetation plans for the new site. He expressed concern about the vegetation and the shoreline, as well as the root zone around the existing trees. Mr. Blackett suggested there needed to more landscape improvements. Chairman Erickson referred Mr. Blackett to the seven conditions enclosed in the Planning Staff report which dealt with site planning, grading and landscaping. City Planner Kelley noted that the specifics of the recommendation would be required to the issuance of a building permit. Mr. Blackett illustrated two slides of an apartment project on Thomas Lake in Eagan noting that the roof line was 45 feet in height above the lake and that two stories of the building were clearly visible above the vegetation from the lake. A general discussion ensued regarding the need for a definition of buffering single- family homes from other uses. Member Sterling asked for clarification regarding the cost of the rental units as proposed. Mr. Hengel stated that the two bedroom units in Apple Valley will rent for $620.00 to $645.00 per unit and each resident will pay their own heat costs. A one bedroom unit would cost $525.00. He also noted that garbage trash masters would be placed in the basement of the tuck -under garage area until such time as the trash is picked up by a garbage truck. Member Sterling requested further information on the differences between a brick, vinyl and aluminum sided building. Member Gowling expressed concern about grading and landscaping and asked how the park land adjacent to the site will be regraded and existing shoreline and trees be retained as much as possible. Mr. Christensen noted that the City will actually construct the pond and that the City Planning Commission Minutes September 21, 1988 Page 6 will construct or supervise. Member Gowling requested information regarding the pathway system and the mud that currently drains over the site. City Engineer Keith Gordon explained that with a regrading of the site and the park areas, as well as the pond, much of the muddiness found along the park pathway system would be resolved. MOTION: It was moved by Member Carlson, seconded by Member Sterling to recommend approval of the site plan and issuance of a building permit with seven staff conditions as stipulated in the staff report of 9- 21-88. The seven staff conditions stipulated were as follows: 1. Reduction of the building height to comply with the 35 foot maximum of the "M -2" zone. 2. Construction of a right -turn only driveway access to 140th Street in the north area of the parking lot to provide an additional emergency vehicle access. This access will necessitate the relocation of 3 parking stalls. 3. Dedication of a trailway easement abutting City property in the southeast corner of the lot (as per preliminary plat approval). Construction of an asphalt pathway on this easement from 140th Street to the existing pathway in Sunset Park. This easement will necessitate the relocation of at least 2 parking stalls. 4. Final pond design and discharge to be reviewed and approved by the Dakota County Soil and Water Conservation District. The pond shall be constructed as the first phase of site grading activity. 5. Final detailed landscape plan to be submitted and reviewed by Staff, including the Dakota Soil and Water Conservation District, to reestablish to the maximum extent feasible a wildlife habitat at the south end of the ponding area. 6. Final detailed erosion control plans to be reviewed and approved by the Dakota County Soil and Water Conservation District. On- site inspection services also to be provided by the Dakota County Soil and Water Conservation District. Any abandoned wells discovered on site to be sealed in accordance with accepted procedure. Member Sterling noted that she would vote in favor of this project because it was in compliance with the zoning. Member Carlson stated that #7 should be clarified to note that the wells will be capped in accordance with regulations of the Minnesota Health Department. The motion carried 4 to 1 with Members Felkner, Carlson, Sterling and Erickson voting in favor and Member Gowling voting opposed. Planning Commission Minutes September 21, 1988 Page 7 A ten minute break ensued. B. Consideration of Building Permit for Medical Office Building. LOCATION: 7631 - 145th Street West. PETITIONER: Dr. Edward Kuch. City Planner Rick Kelley presented the staff report for the consideration of a building permit for medical office building located at 7631 - 145th Street West next to the Ameli Clinic. It was recommended that the building permit be approved subject to the following nine conditions: 1. The driveway isle should be 24 feet wide. 2. A hammer head turn around shall be built on the north side of the parking lot. 3. A minimum of 28 parking stalls shall be provided. 4. Five additional flowering crab trees be planted between the parking lot and the west lot line. 5. Concrete curb and gutter shall be installed on all sides of the parking lot; including a valley gutter where the driveway ties into 145th Street West. 6. The driveway curb radius shall be 15 feet at its intersection with 145th Street West. 7. Revised site and landscape plans illustrating numbers 1 through 6 proceeding shall be submitted with a formal building permit application. These plans should reflect the deletion of the (future) building and the parking area and should identify the existing ponding easement over the property. 8. A detailed grading and drainage plan shall be submitted to and approved by the City Engineer. 9. A revised site plan shall be submitted showing an additional 30 feet added on to the building to the north, as well as the additional parking that goes with the increase in the building size. MOTION: A motion made by Felkner, seconded by Carlson was to approve the building permit authorization for Lot 2, Block 8, Valley Commercial Park, 2nd Addition, subject to the nine items listed in the staff recommendation. The motion carried 5 - 0. Planning Commission Minutes September 21, 1988 Page 8 C. Sketch Plan Review for Residential Subdivision ( Gangl's Estates). LOCATION: Northwest Corner of Galaxie Avenue and 130th Street West. PETITIONER: Bernard Gangl. City Planner Rick Kelley presented a staff report dated September 21, 1988 for a sketch plan for a 4 to 5 lot residential subdivision titled Gangl's Estates. In addition to the staff report, City Planner Kelley recommended that an fee be collected with each building permit for the future installation of a pathway along Galaxie Avenue. Chair Erickson questioned the access to the property and was told the lots would have access to 130th Street, as that is a local access street. Mr. Gangl indicated that he has had a 4 lot plat drawn up in which each lot has access to 130th Street. Commissioner Sterling asked what the lot widths would be and was told that they would be 80 to 82 feet wide and that the depth would be 130 to 135 feet. Commissioner Carlson asked where the utilities would come from. City Engineer Keith Gordon indicated that utilities are in the boulevard of 130th Street and the City might want to put in sewer to the north at this time in order to serve the Wachter property. Norm Wachter, the owner of the property to the north, was present at the meeting. He indicated that he wants to subdivide, but has had some complications in working it out. Keith Gordon indicated that the City assumes the Wachter property will develop in the future, and would like to make provisions for utilities for that property now if the Gangl property develops. The sewer will likely be in the Galaxie Avenue boulevard. Mr. Wachter indicated that he wants a fire hydrant in the area. Mr. Gangl asked who would be assessed for serving the Wachter property. The Gangls have already been assessed along 130th Street. City Planner Kelley described the blister that he recommends along Galaxie Avenue. Mr. Wachter indicated that they now have an apron in from Galaxie Avenue and asked whether he can have two driveways off of Galaxie Avenue. Kelley indicated that for safety reasons, the City does not want individual driveways onto Galaxie and this is why the blister cul -de -sac is suggested. Discussion continued on the location of the blister cul -de -sac. City Planner Kelley indicated that because of the Gangl's house, the access issue needs to be resolved at this time. Commissioner Carlson suggested that discussions about the access need to be carried on at the staff level and would like the two property owners to work together with City Planner Kelley and City Engineer Gordon to resolve these issues. Regarding utilities assessments, City Engineer Gordon indicated that deferment is a possibility for the assessments. Planning Commission Minutes September 21, 1988 Page 9 D. Concept Discussion Regarding Fischer Housing Development (Verbal). LOCATION: Southeast Quadrant of 140th Street and Galaxie Avenue. PETITIONER: Fischer Development Company. The consultant for the Fischer interests, Pete Jacobson, presented a preliminary concept for housing development and golf course. The golf course would be an eighteen hole championship course with single - family townhouse and apartment developments surrounding it. The golf course would be an amenity that would create a residential environment with a strong sense of open space. The market research showed that this area would support 700 to 1,000 units. This plan concurs with those numbers, but with increased acreage and decreased density. The single- family development has access off of Galaxie Avenue. There is a separate access off of Galaxie Avenue for the apartments on the corner of 140th and Galaxie. Directly on the corner will be one large apartment building with a street separating it from several, 10 - 12 unit buildings. The plan shows apartments and townhouses along the industrial areas to the south. Townhouses are placed along fairways to act as a buffer to the industrial area. The clubhouse for the golf course would be right next to the Central Maintenance Facility on 140th Street. This development plan shows the golf course and housing extending across 140th Street to the north. Findlay Avenue is extended all the way to 140th Street. North of 140th Street is mostly single - family development with townhouses on the corner of Johnny Cake Ridge Road and 140th Street. The golf course would be connected via a tunnel under 140th Street - 12 holes would be on the south property and 6 holes on the north. The club facility, as envisioned, would include an area for dining and meetings. The plan for the golf course is to have the holes act as swales to move water above ground to provide ponding areas and natural movement for storm water. Commissioner Gowling asked whether this would be a private or public course. Mr. Jacobson indicated that right now they are uncertain, but it will probably be private with several types of memberships available. It is envisioned that the clubhouse could be rented out for conferences, etc. Commissioner Carlson asked about the lot size, with Mr. Jacobson responding that most single - family lots are 90 feet in width. Chair Erickson asked about the price range. Mr. Jacobson indicated that on the golf course, the single- family would be generally in the $180,000 to $200,000 range. The townhouses on the golf course would be in the $130,000 to $140,000 price range. The townhouses off of the golf course would be approximately $85,000. Commissioner Gowling asked which type of unit would be constructed first. She suggested that the apartments be constructed first. Cva_ir � EriickU01. son asked whether this would be a planned development and was told Planning Commission Minutes September 21. 1988 Page 10 that it probably would be. Chair Erickson asked about the timing of the development and Mr. Jacobson indicating that it depends primarily on the timing of the extraction. He expects that within 5 to 7 years the area could be totally built out. He believes it is a viable product and will sell well because there is not a similar project like it in this area. The next steps for this project would be a comprehensive plan amendment, rezoning and a request for tax increment financing. 7. DISCUSSION ITEMS. A. Council Action of September 8, 1988 and September 15, 1988 (Verbal Report). City Planner Kelley indicated the action that took place on the Carrollton 5th Addition. The City Council adopted all the Planning Commission's recommendations with the exception of the appraising of the four houses near the quad homes. B. Zoning or Other Code Improvement Suggestions (Commission). Commissioner Sterling asked if there were any apartment sites which may have a zoning and comprehensive plan conflict. She was told they will each be addressed as a part of the current process. 8. OTHER BUSINESS. Chair Erickson indicated that he was contacted by Greg Kopischke of the Parks Committee who would like to have a Joint Planning Commission and Parks Meeting. The Planning Commission has determined that Tuesday night, October 4th, would be an acceptable date. The Staff will inquire to the Parks Committee to see if that is acceptable. A time was not set. Chair Erickson said "thanks" for receiving the current Council minutes. Commissioner Sterling asked if the Staff could provide more infor- mation on the legalities of changing zoning. The Staff indicated they would provide some information. 9. ADJOURN. At 10:52 Commissioner moved that the meeting adjourn. Commissioner seconded it. The meeting adjourned at 10:52.