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HomeMy WebLinkAbout10/05/1988CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES OCTOBER 5, 1988 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 October 5, 1988 at the Apple Valley City Hall by Chairman Robert Erickson. Members Present: Chairman Robert Erickson; Members Richard Carlson, Alan Felkner, Marcia Gowling, Virginia Sterling and Frank Kleckner. Members Absent: Phillip Peterson. Staff Present: Lon Aune, Keith Gordon, Rick Kelley, Meg McMonigal, Dennis Miranowski and Dennis Welsch. Others Present: See sign in sheet attached. 2. APPROVAL OF AGENDA: MOTION: It was moved by Member Carlson, seconded by Member Felkner to accept an amended agenda to include items 8 -A - a petition from LacLavon property owners and 8 -B - resignation of Planning Commission Member Peterson. The motion carried unanimously. 3. APPROVAL OF THE MINUTES OF SEPTEMBER 21, 1988 MEETING: The minutes of September 21, 1988 were amended as follows: Page 2, paragraph 3, second sentence should read - the homeowner who lived adjacent to the parking lot was not present; page 3, last paragraph, EAU should read EAW; page 4, paragraph 5, second sentence should read - Bob Substad, 1805 Victoria Lane, illustrated two (2) apartment projects in the video; page 5, paragraph 3, third sentence "Sherman Erickson" should read "Chairman Erickson "; page 8, change the petitioner from Dr. Edward Koch to the correct name; page 9, last paragraph, third sentence, Member Carlson instead of Chair Carlson; page 10, paragraph 2, under #8 should read Chairman Erickson said thank you for receiving the current Council minutes. MOTION: Motion was made by Member Sterling, seconded by Member Gowling to accept the minutes of the September 21, 1988 meeting as amended. Motion carried 5 - 0. Kleckner - abstained. 4. CONSENT AGENDA: None. Planning Commission Minutes Page 2 October 5, 1988 5. PUBLIC HEARINGS: A. Garrett Avenue Extension LOCATION: Upper 139th Street to Upper 136th Street. PETITIONER: City of Apple Valley. Chairman Erickson opened the public hearing and requested a report from the City Planning Staff. City Planner Rick Kelley explained the proposed street extension as per the Staff report of October 5, 1988. The Planning Staff recommended approval of the extension of the road connecting Upper 139th Street to Upper 136th Street. Bill Skoken, 13819 Gladiola Way, asked about the disposal of park property adjacent to the new road. Planner Kelley noted that no develop- ment was anticipated for the land west of the new road and that the Park Committee had revised its' recommendation to the City Council stating that the City should retain the parcel between the road and the adjacent neighbors as park land. Bill Nicholas, 13837 Gladiola Way, stated he opposed the extension because it would increase traffic and inhibit children using the park at the end of Gladiola Way. Bill Skoken asked the City Engineer for guide- lines relating to the steepness of the grade of the proposed road. City Engineer Keith Gordon stated the road would not exceed 9 %, which is an acceptable grade within engineering standards. Judy Rischoff stated that a bike trail extension would be in conflict with the road. John McGann stated that he did not understand the logic of the connection of the two street systems. Chairman Erickson responded that the road system could be utilized for - school children walking north /south within the neighborhood rather than along Galaxie or Cedar Avenues. Dave Mieras, 13801 Gladiola Way, expressed concern about traffic moving south and children in the street. He would prefer sidewalk and a bike trail and a road north from 136th Street without a road connection to Upper 139th Street. Mark Dannecker, 13843 Garrett Avenue, stated that traffic has been trying to beat the 140th Street stoplight by crossing east /west on 139th Street. The addition of this new Garrett Avenue extension would increase traffic. Dan Drenckhahn, 13849 Gladiola Way, opposed the street extension into the park, but supported a bike path instead. John McCann, 13807 Gladiola Way, asked how many trees would be lost and what road grades would be necessary in order to construct the street. City Engineer Gordon explained that there would be a 60' corridor for a Planning Commission Minutes Page 3 October 5, 1988 34' wide paved road and that a sidewalk would also be installed within the right -of -way. He stated that this may mean that an 80' wide width would have to be cut through the woodlot, but that this would leave at least 100' of woods beyond the road right -of -way and construction area to the point where it abuts private property on the west side of the City parcel. A general discussion ensued regarding the options available for placing the road in another location. Member Carlson asked for information regarding emergency service response time in this neighborhood. Chairman Erickson closed the public hearing. City Planner Rick Kelley recommended that the Planning Commission make a recommendation as soon as possible to the City Council regarding this issue. He noted that dispersion of traffic along a number of neighborhood streets is a policy of the City rather than attempting to funnel traffic on one major thoroughfare through the middle of a neighborhood. City Engineer Gordon also explained that the connection of Upper 136th and Upper 139th will facilitate better City services; including mail delivery and garbage pickup. Noted that the project, if not approved soon, may be considered a Spring 1989 project. Member Carlson asked for input from the Police Department regarding access and safety. Member Kleckner suggested that sidewalks should be included on both sides of the Garrett Avenue extension up to the school. MOTION: Member Carlson moved, seconded by Member Sterling to table action on the recommendation of the Garrett Avenue extension until October 19th and to request the Planning Staff to work with the Police Department to provide additional information regarding access time and safety before access into the neighborhood. The motion approved 5 - 1. 6. LAND USE /ACTION ITEMS: A. Building Permit Authorization for Valley Way Village 7th Addition. LOCATION: Northeast Corner of County Road 42 and Pilot Knob Road. PETITIONER: Wensmann Homes, Inc. Associate Planner Meg McMonigal presented a background report and recommendation dated October 5, 1988 in which she recommended issuance of the building permits and approval of the site plan and landscape plans for Valley Way 7th Addition which would include 48 quad homes and 13 row homes. MOTION: Motion was made by Member Kleckner, seconded by Member Felkner to recommend approval of the site plan and issuance of the building permit. Motion carried unanimously. Planning Commission Minutes Page 4 October 5, 1988 B. Reconsideration of Parking Lot Variance and Conditional Use Permit for K -Mart. LOCATION: 7575 - 153rd Street West. PETITIONER: K -Mart. City Planner Rick Kelley presented a background report dated October 5, 1988 explaining the variance request, the response by the City Council and the need to update conditions in either the variance or the conditional use permit regarding outdoor display. He stated that the current proposal will have new outdoor garden store space. The conditional use permit currently has no conditions relating to location or size of outdoor display areas. An amendment to the conditional use permit would require all outdoor sales areas to be located within the new, fenced garden display area, allowing only sidewalk sales for two, ten day periods per year. Ted Meyer, attorney representing K -Mart, distributed modified architectural plans which clarified that K -Mart would construct a garden store with rock face block and chain link screening along the east and south sides of the building. The south side of the building would only have chain link fencing; while the east side would have a combination of the two materials. Noted that K -Mart would add additional landscaping to screen the fence along the south side and that the west side would have no additional landscaping to shield the chain link fence from the view of the adjacent property. Meyer noted that the garden shop area would store landscaping in the spring and summer and Christmas trees in the winter. In addition, it would be used as storage at other times of the year. Michael O'Rourke, manager of the Apple Valley Square Shopping Center, stated that he would like to see additional landscaping and inclusions of brick and wrought iron architectural details. He states he was in favor of limitations on sidewalk sales and the requirement that all outdoor sales be placed in the garden area. A general discussion ensued regarding the clarification of conditions for the conditional use permit, the variance and the building permit. MOTION: Motion was made by Member Felkner, seconded by Member Carlson to recommend additional conditions to the variances as per the Staff recommendations and as per the plans submitted by K -Mart on October 5th with a half height, split face, masonry block wall along the east and south sides of the building with the remaining half wall to be constructed of chain link fencing. In addition, the Staff was to suggest additional landscape materials appropriate to screen the site from the south. The motion carried unanimously. Planning Commission Minutes Page 5 October 5, 1988 DISCUSSION ITEMS: A. Council Action of September 22, 1988 (Verbal Report). Dennis Welsch provided background on the Council actions of the September 22nd meeting. Zoning or Other Code Improvement Suggestions (Commission). Member Carlson asked for clarifications regarding signage and sign ordinance enforcement on Cedar Avenue and at the Linvill project site. Member Sterling asked if the Planning Commission could establish an additional meeting on zoning discrepancies. The Planning Commission agreed to schedule October 19th, beginning at 6:15 p.m. for an additional study meeting prior to the normal meeting at 7:30 p.m. and to continue the study meeting after the normal meeting has concluded at approximately 9:00 p.m. The meeting would be held in the Apple Valley Community Center. C. Downtown Tax Increment Financing Redevelopment District. Dennis Welsch briefly outlined a Staff report which will be prepared for the Planning Commission in late October or early November recommending establishment of a redevelopment district in the northwest quadrant of the downtown in order to assist property owners and the City in upgrading some marginal materials and buildings. 8. OTHER BUSINESS: A. Receipt of a petition requesting rezoning from LacLavon neighborhood property owners: Chairman Erickson noted that this was not a public hearing but merely an opportunity to receive a petition from property owners. Chairman Erickson read the petition and information from the LacLavon Shores Homeowners Association into the record as attached to the minutes. A general discussion of the City's current zoning and comprehensive plan occurred. City Planner Rick Kelley noted that the project will be reviewed on October 19th at the study meeting after which the City will begin to contact the owners for input. There are at least two owners involved in the project parcel. It appears that a public hearing would be held at least 30 to 60 days after that date. Jeff Scislow representing the Homeowners Association stated that he had talked with one of the owners, John Hankenson, of the Sienna Corporation and that Mr. Hankenson was revealing his options for development or sale of the land. The land is currently priced at $358,000.00. Concerns were expressed about the additional apartment units to be constructed in the area, the amount of traffic on the site from the apartments and whether DNR had control of LacLavon. Sharon Moehlman, 15884 Garden View Court, asked for better Planning Commission Minutes Page 6 October 5, 1988 police and speed patrol. She noted that accidents have occurred at 160th and Garden View and that traffic concerns are a prominent issue for young families with small children in the area. In addition, she expressed concern about the water pressure adjacent to the apartment site; noting that it was quite low in the area. City Engineer Gordon stated that the water pressure in the area; particularly on the cul -de -sac is quite low, but is within an acceptable standard of 40 to 80 pounds per square inch. Jean Phillips, 15965 Garden View Drive, expressed concern with vandalism, trashing of the beaches and fishing from her beach area. Diann Albers, 15871 Garden View Drive, expressed concern that there were few people available to discuss the issues with except for the Planning Commission. Mary Bochek, 15795 Garden View Drive, expressed concern with the traffic and the speed on Garden View and asked if a stop sign could be placed at Garden View and Hayes Trail because of the drag racing which occurs on the street. Gary Jaeger, 15808 Highview, stated that he had reviewed the compre- hensive plan and that apartments of higher density were only to be allowed adjacent to the downtown. Jane Josephsen, stated that the apartment area is the only property which provides direct access to the LacLavon Park and that within the park there have been numerous vandalism and gang warfare situations. She believed that the park was used for these types of fights because the Apple Valley Police Department can not gain direct access to the park, which is primarily in Burnsville. She asked that the City consider the amount of police and other service coverage it can provide to this far, southwestern corner of the community. Chairman Erickson thanked residents for their input and Planning and Development Director, Dennis Welsch, provided background on the hearing notice process that will be utilized to notify property owners within 350 feet of the project area and the representatives of the Homeowners Association. B. Resolution thanking Phillip 0. Peterson for service as a Planning Commission member: Chairman Erickson and Planning Commission Secretary Sterling signed a resolution upon concurrence of the Planning Commission members thanking Phillip 0. Peterson for his two and one -half years of service on the Planning Commission. Planning Commission Minutes Page 7 October 5, 1988 CITY OF APPLE VALLEY PLANNING COMMISSION RESOLUTION WHEREAS, the planned development and growth of the community of Apple Valley requires the thoughtful and balanced consideration of numerous competing issues by the members of the Apple Valley Planning Commission, and WHEREAS, Phillip 0. Peterson has participated as a Commission in the deliberations of planning issues for two and one -half years, and WHEREAS, Phillip 0. Peterson has tendered his resignation of this position. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Apple Valley, Dakota County, Minnesota, that it recognizes and appre- ciates the outstanding contribution provided by Phillip 0. Peterson to the community's successful planning efforts. ADOPTED this 5th day of October, 1988. Robert L. Erickson, Chair ATTEST: Virginia Sterling, Secretary 9. ADJOURN: The meeting adjourned at 9:57 p.m.