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HomeMy WebLinkAbout12/07/1988CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES DECEMBER 7. 1988 1. CALL TO ORDER: The meeting was called to order by Chairman Robert Erickson at 7:35 p.m. at the App] e Val l ey City Hal l . Members Present: Chairman Erickson, Members Richard Carlson, Alan Felkner, Frank Kleckner, Virginia Sterling, Marcia Gowling. Staff Present: Richard Kelley, Meg McMonigal, Dennis Welsch, Dennis Miranowski, Lon Aune. Others Present: See sign in sheet. 2. APPROVAL OF THE AGENDA: The agenda was approved as submitted. 3. APPROVAL OF MINUTES OF NOVEMBER 9, 1988. One correction to the minutes - page 4, paragraph 2 - cross out "not" in the first line and in the third line cross out "recommended by the Planning Commission" and insert "turned down by the City Council." The paragraph should read as follows: "Bob Ross, 7600 - 128th Street W., asked why this site was fit for multi - family housing if the Pennock Avenue and Zoo Road land (Wellington/ Palomino Ridge project) was turned down by the City Council for use as a multi- family site. Stated that he would encourage Mr. Eaton to wait for further development of single - family homes since there are already nine (9) housing units on this portion of Pennock Avenue. Mr. Ross also stated he was in favor of single - family homes replacing the mobile home park." MOTION: With the correction, Frank Kleckner moved that the minutes be approved. Marcia Gowling seconded the motion. 5 votes for approval, 1 abstention ( Felkner). APPROVAL OF MINUTES OF NOVEMBER 16, 1988. MOTION: Motion to approve was made by Frank Kleckner, seconded by Marcia Gowling. The minutes were approved as submitted. 1 abstention ( Felkner). Planning Commission Minutes December 7, 1988 Page 2 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.) City Planner Kelley briefly indicated that two (2) zoning consis- tency reports, numbers 027 and 032, were on the consent agenda for approval. MOTION: Motion was made by Virginia Sterling, seconded by Commissioner Gowling to recommend approval. The motion carried unanimously. 5. PUBLIC HEARINGS A. Preliminary Plat to Replat 6 4 -plex Lots for Separate Ownership. LOCATION: Between Hayes Road and Garden View Drive on 143rd and 144th Streets. PETITIONER: Tom Heiberg and George Savers. City Planner Kelley presented the report dated December 7, 1988 describing the replat of each of the lots into 4 separate lots so that the dwelling units can be owned separately. Access will not change from the current configuration. Block 4 should have reduced setbacks to within 20 feet of the east lot line adjacent to 144th Street and 14 feet of the west lot line. The proposal is consistent with the comprehensive plan and with the zoning. Commissioner Kleckner asked the status of the lot at the end of 144th Street and if there were any comments from the adjacent neighbor. Planner Kelley responded that the neighbor was noticed since this was a public hearing. Commissioner Gowling asked what is the normal setback. Planner Kelley indicated that 25 feet is the required setback from the rear lot line. The petitioner is requesting 14 feet. The adjacent duplex is set back 30 feet. Planner Kelley indicated that a previous variance had been granted on this lot to allow the building to come within 15 feet of the rear lot line. Tom Heiberg, the developer of Academy Village, explained the market conditions and the reason for the change. He showed the Planning Commission elevations of the type of buildings that he expects to be built on this site and indicated that he thinks the ownership of these units will expedite the building and sales of them. Virginia Sterling asked if the screened porches would be screened or 3 season porches and was told they could be 3 season depending on the buyer. Planning Commission Meeting December 7, 1988 Page 3 A member of the public, Lyndon Samuel, 3517 Moorland Road, Minnetonka, Minnesota, asked if there would be 2 or 3 buildings. He also asked if the existing Academy Village units would be replatted for sale. Tom Heiberg, the developer, indicated that they would have to reconfigure the utilities and update the units to conform to fire codes. They could also attempt to sell them as condominiums. Samuels indicated that this will be an asset to the neighborhood and inquired about the price range. Mr. Heiberg indicated that the price range for the new units would be $70,000.00 to $90,000.00. Brad Hall inquired about the research on the marketability considering that other units on Garden View Drive are not currently selling. Mr. Heiberg responded by stating that the other project is not comparable and that he has five (5) letters of intent and interest on the Academy Village site. Carmen Afflen expressed concern over the market in the $70,000.00 to $90,000.00 range and wondered if this was not a weak market segment. Commissioner Kleckner responded that the project will be built as units are sold. Mr. Heiberg indicated that the exterior of all four (4) units will be completed regardless if all the units are sold at the time it is built. Jon Rasmussen, 8635 143rd Street Court, asked what the time line is for a variance. Planner Kelley indicated that it is one year and that the use of the site remains in perpetuity. Mr. Samuels asked the size of the lots. Brad Hall asked about the lot on Hayes Road and 143rd and indicated that he did not think it would have continuity with the others around it. Commissioner Kleckner indicated that what is proposed here is an upgrade from what was there currently. Chair Erickson closed the public hearing. Commissioner Sterling indicated that she thought double garages are a good idea. MOTION: Virginia Sterling made it, to move to recommend approval Village 2nd Addition subject to the water hookups. the motion, Frank Kleckner seconded of the preliminary plat of Academy installation of individual sewer and MOTION: Motion was made by Commissioner Sterling, seconded by Alan Felkner, to recommend reduced setbacks for Block 4, Academy Village 2nd Addition to allow building construction to within 20 feet of the east line of Lots 1 & 4 adjacent to 144th Street, to within 14 feet of the west line of Lot 3 and to within 38 feet of the west property line of Lot 2. 6. LAND USE /ACTION ITEMS: 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. Planning Commission Minutes December 7, 1988 Page 4 City Planner Kelley presented the report dated December 7, 1988. The request is for rezoning to "RB" from "NC ". Staff recommendation was to table the item until 12- 21 -88. Mark Gilbertson for Rapid Oil Change provided background information on the oil service center. He indicated that all of the Rapid Oil sites are corporately owned and are clean and well- maintained. He met with Centel regarding parking and dumpsters. He also met with George Miller of George's Market who stated that two deliveries could be made at the front door instead of the back. George would relocate the dumpster to the west side of his store, but could not drive to the rear of the building adjacent to the west property line. He met with the Brobachs, who own the shopping center that George's Market is in, and Rick Kelley on December 7, 1988 to discuss possible accesses along the west property line. Brobach was not receptive and wants a full 10 foot wide strip on the east edge of Rapid Oil site combined with a 10 foot drive on the west end of the Brobach property. Chair Erickson asked if they reached an impasse on this issue and was told yes. The concern was the access to George's Market and the acceptability of the use on this site. Mark Gilbertson indicated this is a neighborhood business and as such, draws from a three (3) mile radius. Commissioner Carlson indicated he is interested in the land use planning and the staff perspective. Planner Kelley indicated that the access issue is closer to resolution now than in the past meeting. Mark Gilbertson indicated that other uses, which do not required a conditional use permit, could be constructed without resolving Brobach's driveway concerns. Marcia Gowling asked who owns the property now. Mark Gilbert- son indicated that they are under contract to buy it. Commissioner Carlson indicated that this use compliments the uses on the other three corners and would be an improvement over the current state of this site. He is concerned with the compatibility with George's Market. Chair Erickson inquired whether the staff could provide direction within two (2) weeks or if the items should be held off until January 4th. Ray Connelly, the realtor for the site, requested that the Planning Commission send the issue to the City Council to determine what their interest is and receive direction. MOTION: Commissioner Sterling made a motion to table for two weeks, Rick Carlson seconded it. The motion carried unanimously. B. Zoning Consistency Report #40. Consideration of Rezoning From "R -1C" to "P" and From "NC" to "R -2 "; Consideration of Comprehensive Plan Amendment From "D -II" to "D -I ". LOCATION: West Side of Pennock Avenue at 128th Street. PETITIONER: City of Apple Valley. Planning Commission Minutes December 7, 1988 Page 5 City Planner Rick Kelley presented a report dated December 1, 1988 on the Saddle Ridge area. He indicated that also in the report there was a letter received from the owner, Art Eaton, requesting no rezoning for Outlot A, which is currently zoned "NC ". The staff recommendation was to rezone it to "R -2 ". The citizens recommended that it be rezoned "R -1C ". Chair Erickson and Commissioner Carlson indicated they concurred with the staff. Commissioner Kleckner thought that rezoning was putting the cart before the horse and that a rezoning should wait for development east of Pennock. Commissioner Gowling asked if the property can be held without a development. Commissioner Sterling recommended "R -1C" be the rezoning. Chair Erickson stated that because of relocation costs, the mobile home park will be around for at least twenty (20) years. Commissioner Kleckner said the "NC" could be maintained for a convenience center if the mobile home park is rezoned and replatted in the future. Commissioner Carlson inquired about the size of the lot and was told it is 38,600 feet. MOTION: Rick Carlson made a motion to recommend rezoning Outlot B from "R -1C" to "P ". Marcia Gowling seconded it. It carried unanimously. MOTION: Rick Carlson made a motion to recommend to rezone Outlot A from "NC" to "R -2 ". Chair Erickson seconded it. Rick Carlson commented that "M -4" zoning would allow apartments but the neighbors would object to apartments in lieu of the mobile home park. Commission Kleckner indicated the zoning should remain as it is. The motion failed, 2 -4. MOTION: Commission Sterling made a motion to recommend that Outlot A be rezoned "R -1C ". Rick Carlson seconded it. Vote on the motion was 2 for, 3 opposed and 1 abstention. MOTION: Rick Carlson made a motion to table the rezoning of Outlot A to 12- 21 -88. Frank Kleckner seconded it. The motion passed unanimously. C. Review Consistency and Compatibility of Proposed Downtown Redevelopment District with City Comprehensive Plan and Zoning Code. LOCATION: Northwest Quadrant Downtown. PETITIONER: City of Apple Valley. The Planning Commissioners asked if this TIF district was already passed by the City Council and was told that it was. The Planning Commission has to indicate that the plans are consistent with the Compre- hensive Plan. The Planning Commission indicated that they would like a full report on 12- 21 -88. MOTION: To table was made by Commissioner Carlson, seconded by Felkner. The motion passed unanimously. Planning Commission Minutes December 7, 1988 Page 6 DISCUSSION ITEMS: A. Discussion of Text Amendments to Comprehensive Plan and Zoning Regarding Housing Performance Standards; Public Hearing Date Scheduled for December 21, 1988. Planning Director Dennis Welsch explained that a public hearing date had been set by the City Council for December 21, 1988 for housing perfor- mance standards in multi - residential districts. Chair Erickson requested that some of the interested citizens be notified; such as the Lake Alimagnet homeowners and others involved in current controversial projects. Commissioner Erickson indicated that he will write a letter to the paper which can serve to notify the public that these performance standards are being considered. 8. OTHER BUSINESS: Some of the Commissioners inquired about Lakeville's public hearing notices in the paper. These notices include a map of the site. The Commissioners would like the Staff to look into Apple Valley doing the same. 9. ADJOURNMENT: MOTION: Moved to adjourn by Virginia Sterling, seconded by Frank Kleckner. Motion passed unanimously.