Loading...
HomeMy WebLinkAbout11/16/1988CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES NOVEMBER 16, 1988 1. CALL TO ORDER: The meeting was called to order by Chairman Robert Erickson at 7:37 p.m. in the City of Apple Valley Community Center, 14603 Hayes Road. Members Present: Chairman Erickson, Members Richard Carlson, Virginia Sterling, Marcia Gowling, and Frank Kleckner. Members Absent: Alan Felkner. Staff Present: Richard Kelley, Meg McMonigal, and Keith Gordon. Others Present: See the sign in sheet. 2. APPROVAL OF THE AGENDA: The agenda was approved as submitted. 3. APPROVAL OF MINUTES OF NOVEMBER 2, 1988. MOTION: Motion to approve was made by Richard Carlson, seconded by Marcia Gowling. The minutes were approved unanimously. 4. CONSENT AGENDA (Non - controversial land use action items needing no discussion may be placed on this agenda by Commission members. One motion sends these items on to the City Council with a recommendation of approval as per the Staff recommendations.) There were no consent items submitted. 5. PUBLIC HEARINGS: A. Rezoning from "NC" to "RB" and Conditional Use Permit for Automobile Service Bays. LOCATION: Northeast Corner of C.R. #42 and Garden View Drive. PETITIONER: Valvoline Rapid Oil Change. City Planner Rick Kelley presented the report dated November 16, 1988 regarding the rezoning from neighborhood center to retail business for Rapid Oil Change. Commissioner Kleckner asked about the northeast corner and whether trash for Centel and George's Market could be moved in the event that Rapid Oil Change was constructed according to the site plan. Marcia Gowling asked where the deliveries would occur for Centel and George's Market if the driveway that is currently being used in the north- east corner of the Phillip's site was shut off. The Staff responded that George's Market would need deliveries to come to their front door or else to the back by going around the eastern side of the building. It was also Planning Commission Minutes November 16, 1988 Page 2 indicated that the driveway in the back of the building in narrow and large trucks would not be able to deliver to the rear. Chair Erickson asked what doors is the City opening with the rezoning to retail business. A retail business zoning district would allow essentially any retail uses permitted by the code. Mark Gilbertson, 3041 4th Avenue S., of Rapid Oil Change gave a short presentation indicating the kind of operation Rapid Oil Change is. They are essentially an oil change and ten point maintenance check operation. No repair work is done on the site. No appointments are taken for oil changes. Their customers are from a three mile vicinity around the site. The site plan indicates one -way service which allows for a car in each stall and stacking space for two cars behind each stall. The building will be a single story structure with a full basement. The outside mater- ials are stone faced block. Regarding the access on the northeast corner of property which both Centel and George's Market use for trash and deliv- ery purposes, Mr. Gilbertson indicated there is no easement document that he is aware of for this access. Rapid Oil Change, however, would be open to discussion regarding this access. Mr. Gilbertson also indicated that this use is similar to the other three corners and that Rapid Oil Change would be open to having the site zoned conditionally that is allowing only for Rapid Oil Change and not other retail business uses. Mr. Gilbertson indicated that they expect to service 30 cars per day and will not cause any traffic congestion since their business is fairly consistent throughout the day. All of the work is done inside the building. They are open 8:00 a.m. to 8:00 p.m., six days a week. Frank Kleckner inquired about the location of the driveways. Marcia Gowling asked what the difference is between this use and the uses on the other three corners. Chair Erickson asked about the implications of zoning the site retail business conditionally. Planner Kelley responded indicating that the conditional use is only for the automobile service bays and not for the zoning per se. Chair Erickson asked about the adverse possession rights that were referred to in the Staff report. City Planner Kelley responded that an adverse possession right is where an adjacent owner has used the property for such a long time that they essentially have a right to the property. He also indicated that this is a "torrens" property verses an "abstract property" and adverse possession rights are very difficult to prove on a torrens property. Chair Erickson asked if someone from George's or Centel was present. No one from either business was present. Frank Kleckner asked whether there are pumps on the site and was told that all of the pumps and tanks have been removed. Ray Connelly, the realtor for the site, spoke about adverse possession, indicating that it is impossible to prove on torrens property. He also indicated that there is a telephone pole near George's Planning Commission Minutes November 16, 1988 Page 3 and it may need to be removed. He indicated that they are willing to meet with the adjacent property owners to work any site plan details out. Virginia Sterling asked how much space there is to the east between this site and George's Market and between this site and any residential property. She asked what would happen if the access was cut off and was told that the trash for each building, Centel and George's, would have to be relocated and the deliveries would probably have to be in front for George's Market. She inquired about Centel putting additional parking and was told that that additional parking would go along Walnut Lane. Rick Carlson commented that this site should not be looked at in isolation and the whole intersection should be looked at. He said the Planning Commis- sion needs to give thought to what the area should be used for in the long term and that whatever goes in this corner will set a precedent. Virginia Sterling indicated that she thinks 30 cars would not create a traffic problem. Rick Carlson said he wants to be sure that there is not a stacking problem on Garden View Drive. Mr. Gilbertson showed the additional parking on the site and indicated that there will be four em- ployees who will use four parking spaces and four additional spaces. Frank Kleckner asked if there was room on the site for any other parking and was told that there is not. Chair Erickson asked for comments from audience. There were none. The public hearing was closed. The item will be further considered by the Planning Commission at the next meeting. B. Zoning Ordinance Establishing Flood Zones in the City of Apple Valley, Dakota County, Minnesota. LOCATION: City of Apple Valley, Dakota County, Minnesota. PETITIONER: City of Apple Valley, Dakota County, Minnesota. The hearing was reopened. City Planner Rick Kelley presented a memo dated November 16, 1988 from Dennis Welsch recommending consideration of the ordinance be tabled indefinitely. The flood zone ordinance was pro- posed as a result of the 1987 "Storm of the Century ". However, the City Engineer estimates that less than ten properties received damage during that storm, and no houses received any structural damage. For the flood insurance program, only structural and utility damage is covered in the basements. On actual living levels of the house, structural elements and appliances may be insured. In addition, if there is a flood zone ordin- ance in the City, all properties with structures in the flood zone would eventually be required to take out flood insurance. Currently, the City Engineers calculate on a site -by -site basis the elevation of the building site. They make sure that the lowest building elevation is at least three feet above the controlled high water level of the pond, lake or stream. To adequately define the flood zone area and prepare a flood insurance map, the City would have to provide more de Planning Commission Minutes November 16, 1988 Page 4 tailed engineering data. This would require weeks of field surveys and cartography. Because the City is required to calculate and recalculate an artificial flood zone limit, the City can be increasing its own liability should one of these calculations be in error. During the public hearing process, no public input was taken about the proposed ordinance. Three individual requests were made for this program. One of the individuals had flood damage that she thought would be covered by flood insurance, however, the individual's damages amounted to personal belongings and household good not covered by the program. The Planning Staff recommended tabling this ordinance indefinitely. The engineering is incomplete at this time and the level of public benefit is questionable. Should significant interest arise at a later date, the Planning Commission can pull the issue from the table for further action. Chair Erickson inquired whether the City wants to pursue the flood zone ordinance if even just a few people are interested. City Planner Kelley explained that while some properties may benefit from the insur- ance, all properties in the flood zone would be required to have insur- ance. In addition, the kind of damage that the 1987 storm of the century caused was not structural in nature and the damage suffered from that storm would not have been covered. Frank Kleckner commented that FHA and VA and other mortgage insurances require the flood insurance if you are in the flood zone and it becomes costly and requires a lot of paperwork. The public hearing was closed. MOTION: Commission Felkner made a motion to recommend tabling the flood zone ordinance indefinitely. The motion was seconded by Rick Carlson. The vote on the table was 5 to 0 in favor of tabling it indefin- itely. 6. LAND USE /ACTION ITEMS: A. Rezoning and Preliminary Plat for Rolling Ridge Subdivision. LOCATION: West of School District 196 Offices and Elementary School. PETITIONER: Sienna Corporation. Associate Planner Meg McMonigal presented the Staff report dated November 16, 1988 for the Rolling Ridge Subdivision. This subdivision is proposed with 104 single - family homes on 42.6 acres. Responding to some of the comments received at the public hearing, traffic counts were taken on 144th Street east of Embry Path. The average daily traffic count was 213 cars. It is estimated that this subdivision will generate 1,040 trips per day. If each trip from this subdivision went west on 144th Street that would make 1,253 average daily trips at 144th east of Embry. The design capacity for the residential street is 2,000 to 3,000 trips per day - 1253 trips per day is well within the design capacity. Planning Commission Minutes November 16, 1988 Page 5 Another issue brought up at the public hearing was that 144th Street would become a shortcut from Rosemount. The Staff indicated that this is not likely to be a shortcut because it would require (1) a left turn off of Diamond Path, (2) traveling at 30 mph along a residential street with 60 driveways and (3) 140th and Diamond Path have higher speeds and are not stopped. These three conditions make it much easier to take either of these streets to Pilot Knob Road to go north or west to Minneapolis or St. Paul. Another comment received at the public hearing and in subsequent letters was that more land should be dedicated for park. Tintah Park is a 21.4 acre park to the north. Delaney Park is a 7.9 acre park to the south. The City Staff and the Advisory Park Committee, recommended that this amount of parkland in the area is sufficient and the City would be better off collecting cash in lieu of land to further develop the City's existing parks. Some residents requested that the City require larger lots in the subdivision. This rezoning request is for a R -1C zone which has a minimum lot size of 11,000 square feet. The average lot in the subdivision is 12,825 square feet; the smallest is 11,200 square feet and the largest is 23,095 square feet. Nearly every single- family subdivision in Apple Valley is zoned as R -1C; it is considered the standard single- family zoning district. All of the surrounding subdivisions are zoned R =1C and it has been the intent of the developer to create a subdivision which blends in with the surrounding neighborhoods. Information regarding the density of the surrounding subdivisions was presented. The average for all of the areas, including Rolling Ridge, was 2.46 units per acre. Rolling Ridge is 2.69 units per acre. Chair Erickson asked what the average price of the homes in the subdivision would be. Rick Packer of Sienna Corporation responded that he expects them to be in the $110,000 to $150,000 to $160,000 range. Chair Erickson commented on the petition that was circulating that indicated this devel- opment was "high density ". He noted that most of the City is of this den- sity and that it is not high density, but standard for the City of Apple Valley. Rick Carlson voiced his concern about the 144th Street alignment ooina oast the school. Associate Planner McMoniaal indicated that the 144th Street traffic counts show 633 average daily trips on 142nd Street. This street also has a design capacity of 2,000 to 3,000 trips per day. The Staff expects 144th Street to function similarly. Rick Carlson asked what the width of 144th Street would be and was told that it would be 34 feet wide. General discussion ensued on the traffic on various roads. Frank Kleckner asked if there could be a stop sign installed somewhere along Planning Commission Minutes November 16, 1988 Page 6 144th Street for the kids crossing to the school. Rick Carlson asked Rick Packer if there were any other alternatives for alignment or access. Rick Packer responded that in working with the City it was determined that this was the best possible alternative. Virginia Sterling asked how this road would compare to 142nd Street by City Hall. Keith Gordon responded that 142nd has approximately 1,700 trips per day and functions well. Frank Kleckner indicated that Pennock Avenue in the Timberwick area was designed before the other parts of Pennock became a frontage road for Cedar Avenue further to the north. Frank Klecker inquired again about stop signs and Associate Planner McMonigal responded that stop signs have to be put in according to certain State standards and are not put in solely for pedestrian crossing purposes. Virginia Sterling inquired as to how much park dedication would be taken as part of the plat. Approximately two acres will be taken - the final amount has not been calculated. Chair Erickson commented that the Park Committee recommended that the adjacent parks are adequate. Rick Packer, the developer, asked what would happen if Pilot Knob Estates 5th Addition owners do not want to work together to provide access across their property over the pipeline easement. Rick Kelley suggested that an option for an easement across this land could be taken and it will be executed only if the adjacent residents agree to also give an easement along their property. MOTION: Virginia Sterling made a motion to rezone the property to R -1C. Marcia Gowling seconded it. The motion passed unanimously. MOTION: Marcia Gowling made the motion to approve the preliminary plat as with the easement option over the pipeline or park access purposes. Virginia Sterling seconded it. Discussion included Frank Kleckner asking Staff to check with School Board on the design for stop signs and Marcia Gowling noted that every school is located on streets busier than 144th. Tom Nelson from the School District was present at the meeting. He noted that in meetings with the Developer, City and County, they worked on determining the street alignment to Diamond Path. The School District works with the City on safety concerns around schools. If there is a problem that the School District cannot handle by themselves, they work with the City to help solve it. He said the School District has a good relationship with the City and has received much cooperation from the City's Public Works Department. The motion passed unanimously. At 8:52 p.m. Chair Erickson called a ten minute break. At 9:02, the meeting was restarted. Planning Commission Minutes November 16, 1988 Page 7 B. Rezoning, Preliminary Plat and Site Plan Review for Christ Church. LOCATION: Southwest Corner of Johnny Cake Ridge Road and the Zoo Road. PETITIONER: Christ Church. Associate Planner Meg McMonigal presented the Staff report dated November 16, 1988 and briefly reviewed the project again. The only issues which needed to be addressed were in the future phases, being the parking on the south edge and the design of the parking lot. The petitioner has agreed to delete the south parking and will rework the parking lot design. Virginia Sterling asked about the potential of an access to the property to the south. Rick Kelley explained that the City could require an option for a street easement across the southeast corner part of the property next to the driveway. The City will have the option to execute it when the property to the south developed. MOTION: Frank Kleckner made a motion to recommend that the site be rezoned from "A" Agriculture to "P" Institutional. Marcia Gowling second- ed it. The motion passed unanimously. MOTION: Marcia Gowling made the motion to recommend approval of the preliminary plat with the easement option. Frank Kleckner seconded it. Virginia Sterling asked for clarification on the parking isle. The motion passed unanimously. MOTION: Marcia Gowling made the motion to recommend the site plan be approved and the building permit be authorized. Virginia Sterling seconded it and the motion passed unanimously. C. Site Plan Review, Building Permit Authorization and Sign Variance. LOCATION: 14618 Cedar Avenue. PETITIONER: Karl H. Biewald. Associate Planner Meg McMonigal presented the report dated November 16, 1988 on the site plan review and request for sign variance. The Staff recommended that the trash enclosure be relocated from where it is shown on the plan (near Glazier Avenue to closer to the building in a less con- spicuous location). The second recommendation from the Staff was that the building permit be authorized with the stipulation that the farmstead and driveway to Cedar Avenue be removed. The third recommendation from the Staff was that the final plat be filed prior to occupancy of the building. Regarding the sign variance, Associate Planner McMonigal noted that the request was for an additional ground sign, which would be 5' by 3' and located on Glazier Avenue. It was recommended that the variance for the ground sign be approved with the stipulation that no building signs be permitted on this site. Planning Commission Minutes November 16, 1988 Page 8 MOTION: Frank Kleckner made the motion that the site plan and buil- ding permit be approved subject to the following three items: 1) removal of the existing farmstead and driveway to Cedar Avenue, 2) relocation of the trash enclosure to the north side of the building, and 3) filing of the final plat prior to occupancy of the building. Rick Carlson seconded the motion. The motion passed unanimously. MOTION: Virginia Sterling made the motion that the sign variance be approved with the stipulation that no building signs will be permitted on the site. Frank Kleckner seconded it. The motion passed unanimously. 7. DISCUSSION ITEMS Discussion items included Virginia Sterling com- menting on the draft minutes from November 9th and would like the word "potential" put in on the last page in her comments regarding multi - family next to single - family. Associate Planner McMonigal noted the Staff report form revisions and requested feedback from the Planning Commissioners on the new form. Chair Erickson asked for more clarity on the suggested motions and wanted to make sure that there is a standard format so the Planning Commission knows where to look for information. Frank Kleckner indicated he would like the zoning and comprehensive plan designations on the first page. Chair Erickson commented on the upcoming joint meeting. Virginia Sterling invited everyone to a Planning Commission Christmas Party following the December 7th meeting at her brand new house at 6646 129th Street. 8. OTHER BUSINESS: None. 57�:U11b1 11;1.`Iurmitr MOTION: Rich Carlson made a motion to adjourn. Marcia Gowling seconded it. The meeting adjourned at 9:47 p.m.