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HomeMy WebLinkAbout07/15/1987CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES July 15, 1987 Minutes of the meeting of the Apple Valley Planning Commission held Wednesday, July 15, 1987, at 7:30 p.m. at the Apple Valley City Hall. PRESENT: Chairperson Robert Erickson; Commission Members Richard Carlson, Marcia Gowling, Frank Kleckner ( 7:35), Phillip Peterson, Virginia Sterling, Arleigh Thorberg; Staff Members John Gretz, Rick Kelley, Keith Gordon; City Council Liaison Gary Humphrey; fifty -eight members of the public. ABSENT: No one. 1. Chairperson Erickson called the meeting to order at 7:32 p.m. 2. Approval of Agenda. Mr. Kelley suggested that 9a Setback Variance, be added to the agenda; Mr. Carlson suggested that 9b City Hall Space, be added to the agenda. AGENDA MOTION: of Carlson, seconded by Sterling, to approve the agenda as amended for tonight's meeting. VOTE: Yes, 6; No, 0. 3. Approval of Minutes of July 1, 1987. MOTION: of Carlson, seconded by Peterson, to approve the minutes of July 1, 1987, as presented. MINUTES VOTE: Yes, 4 (Erickson, Carlson, Peterson, Sterling); No, 0; JULY 1, 19E Abstain, 2 ( Thorberg, Gowling). 4. Public Hearing for Preliminary Plat for Building Block Day Care Center. PH, BLDG. LOCATION Between Pennock Ave. and Cedar Ave., North of the Zoo Rd. BLOCK DAY CA PETITONER Waterford Development Corp. CENTER Chairperson Erickson opened the Public Hearing with the standard opening remarks. Mr. Kelley presented the petition for preliminary plat for Building Block Day Care Center. A daycare is a permitted use in the NC zoning district, and fits with the Community designation on the Comprehensive Plan. Mr. Gordon commented that the story water would run overland and out Pennock, the sanitary sewer is in place in Pennock and water is available through the middle of the site. The petitioners, Mr. Bob Hinck and Mr. Brian Carey, indicated they are licensed as a day care center for approximately 101 children. A five foot chain link fence will be constructed around the center. Ample parking will be provided, the existing vegetation will be maintained as much as possible, the design of the building fits in with the surrounding residential area; and if the need should arise in the future to adapt the building to some other use, it could be used as a neighborhood convenience center. The building will be brick with cedar lap siding / asphalt shingled roof. Mr. Art Eaton asked the average occupancy, which would be 80 children. Arrival and departure traffic is staggered and a study conducted at three other sites for a montl indicated that not more than 10 cars arrived at the site within a 15- minute period. Chair Erickson indicated that the building plans are very attractive and that he was glad to see that all requirements had been met. Ms. Sterling was told the land just south of the proposed day care would just be highway right of way and the property to the north is zoned /g @IgAborhood convenience center. Chair Erickson closed the Public Hearing with the standard closing remarks. PLANNING COMMISSION MINUTES July 15, 1987 Page 2 5. Continuation of Public Hearing for Preliminary Plat — Valley Meadows. LOCATION East Side of Garden View Drive, South of Heywood Path. PH, PREL PLC PETITIONER American Heartland Homes. VALLEY MEADOI Chair Erickson opened the continuation of the Public Hearing with the standard opening remarks. Mr. Kelley presented the preliminary plat to subdivide property into townhome lots, Valley Meadows - -33 proposed dwelling units. The developer met with representatives of the neighborhood group and adjustments to the proposal were agreed upon. Mr. Kelley reviewed these changes which include a 60' right of way for Heywood by pulling some of the house sites back, everything is back at least 40' from the lots in Timberwick, at the north end there would be a request for 25' setback which would be buffered by green space(lot 8), the proposa: is decreased to 32 units, nothing was sacrificed in the area of design with double garages still being included in the design, pipeline approval (east end Williams Bro: has to locate the pipeline and a driveway will be moved from the Northern Natural Ga! pipeline -- parking will not be allowed over the pipeline(s) and if additional parking is needed it will be allowed in Outlot F. In order to get the needed 40' setbacks, the fence as proposed before will be eliminated and appropriate landscaping provided, all fronts will be fully landscaped in trees, decorateive rock, etc. was the answer given to Mr. Tom Angle of 8324 140th St. Ct., AV. Others speaking from the audience included: Mr. Manny Machuca, 8385 141st Ct., AV: indicated that it was the consensus of the group not to ask for a fence since the developer moved the sites at the required 40' setback. They would, however, like to request that a berm be included to provide a better barrier against noise. The homeowners would like a berm along the entire length of the development. * *The developer indicated there would be no problem with providing a berm along the entire edge of the property varying between 2 & 4'. Mr. Kleckner was asked his opinion of the size of the berm with his answer being that higher is better but that slopes and future maintenance problems must be consid- ered. He indicated at the last meeting he strongly suggested berming as opposed to fencing for the long -term beauty /benefits. He complimented the building on working with the neighbors and indicated he thought this was a good plan being proposed for that area. Ms. Manny Machuca was told the majority of the persons showing interest in the projec are empty nesters in response to her concern about increased school children at Westview. Mr. Tom Anglo was told the homes would average from the mid to upper 80's. They will be 100% cedar siding with asphalt shingles with combinations of one and two bedrooms and one and two stories. Chair Erickson closed the Public Hearing with the standard closing remarks. He complimented both the developer and neighbors for working so closely together for the revisions that were acceptable to each party. Mr. Kleckner recommended that the developer provide Staff with a landscaping plan indicating the contours of the berms, 6. Consideration of Rezoning and Preliminary Plat -- Crestview Forest Townhomes. REZONING & LOCATION Between Palomino Dr. and future TH #77, West of Garden PREL PLAT, View Drive. CRESTVIEW F( PETITIONER: Diedrich Builders, Inc. EST TOWNHOMI Mr. Kelley presented the petition for the consideration of a rezoning to M -2 and Preliminary Plat for a 142 unit townhouse residential development. He reviewed the memo from the Developers stating the reasons why they believe PLANNING COMMISSION MINUTES July 15, 1987 Page 3 that their proposed project would be advantageous to the City. The proposed develop- ment would provide a broader tax base than single family detached homes. The land- scape plans were provided. These would be totally custom -built units at a cost averaging $140- 150,000.00, on 37 building sites as opposed to 50 single family units which would save more trees. Mr. Diedrich indicated that they had several meetings with the neighbors and have been unable to agree on the layout provided by him which included every detail that he could provide. Chair Erickson asked about the negative publicity with Mr. Diedrich indicating that it had helped him with people from Palomino Hills, the Oaks, Timberick II, former residents of Apple Valley, etc. expressing interest in the project. He even indicated that people are willing to move across the river to purchase these units in order to get the attractive housing they desire. Chair Erickson commented that they were nice looking units. The landscaping plan along Palomino Drive will include maple, ash, etc. Homes to be built on the top of the steep hill (hill will be cut down 8') to that the homes will have a full basement with a walkout. Trees will be plan t on the slopes of the hill. Ms. Sterling was told that no garages will be visible from Palomino Drive and Garden View - -just the backs of the units would be seen. Ms. Cowling was told the trees to be planted would be 2 and 3" ash and evergreens from 6' to 8' high - -they will be mature trees. Mr. Peterson was told by Mr. Diedrich that in the meetings with the neighbors (2 meetings) that the residents are adamant in their desire for an entire single family development. It was suggested that the construction of single family on Garden View and Palomino with the interior being town homes may be the blend that would meet the desires of both the homeowners and developers. The developers feel this area will be noiser and just does not lend itself well to single- family development. Mr. Eaton remarked that the County does not know what kin intersection will be constructed at CR1138 and Garden View so he does not know what portion of the planned first phase of development could be taken for road constructio He indicated to Ms. Sterling that construction could begin before they know what is going to happen with the road; they are phasing the project to give the County ample time (construction on CR 1138 is scheduled for '89, depending on funding) . Speaking from the audience: Ms. Mark Mullin, 13146 Heritage Way, AV: indicated that at the last residents' meeting, the homeowners did offer to compromise (he did not mention in what way). He said that the use of cedar doesn't necessarily mean high - quality construction. Mr. Kelley indicated construction has to meet the minimum standards. Mr. Mullin commented that landscape plans as shown can be misleading -- questioning the trees bein 6 -8 He felt that trees within 10' of the building would not be good; Mr. Diedrich indicated that there would be a 20' buffer around the buildings. Mr. Kleckner indicated that what the developers were proposing makes sense. Chair Erickson reminded Mr. Mullin that permission was given to speak based on the fact that persons may have new information for sharing, not "repeats ". Mr. Mullin then indicated that the developer /those at the meeting were entangled in lies and the Commission would have to decide who /what to believe. Mr. Mullin indicat that Pennock Shores isn't obviously upscale from Cobblestone and so they have reason to believe that Crestview Forest would not be that much better. He referred to the petition presented earlier in which 99.9% of those responding do not want this development. PLANNING COMMISSION MINUTES July 15, 1987 Page 4 At this point, Mr. Mullin presented State Statue 462.357, Sec 2 referring to the fact that the Zoning ordinance supersedes the Comprehensive Plan (therefore, there should not have to be Specific Reasons found disallowing this development). Mr. Kell responded that this piece of legislation was drawn for a specific case with a specific intent (agriculturally zoned property designated for multiple and commercial development). Further discussion ensued with Mr. Gretz indicating that the interpretion around the Metro area is that the property owner is entitled to develop his land according to the highest and best use of the land if it is in conformance with the Comprehensive Plan. If this is denied, the Burden of Proof becomes the responsibility of the City. Mr. Mullin indicated they were told by the City it was zoned for single- family homes and people build according to this idea. According to the M -2 designation, Mr. Mulli felt this would be interrupting the terrain of the land too much. Mr. Erickson indicated he was sorry the neighbors and the developers were not able to come up with a compromise with Mr. Mullin indicating if the Planning Commission is for the people of Apple Valley then they should respond to the people of AV. Mr. Kleckner pointed out that in the proposal for Valley Meadows setbacks were not being met according to Code and with the neighbors /developer working together, a bett plan resulted; in this proposal all setback requirements are met and there is alread} M -3 west of Hunters Woods. Ms. Mary Ressmeyer, 13149 Heritage Way, AV: indicated she would love to see Palomino Drive lined with these $150,000.00 townhomes. She indicated that if the neighbors thought this would be what would be constructed, then she did not feel there would be such intense opposition - -the original plan was for the homes to start at $90,000.00. She expressed concern over traffic and feels the corner of Palomino and Garden View will be a safety hazard. Rick Kelley indicated that according to MDOT studies the County does not see a problem. Other residents voiced their concern indicating what they do to avoid certain intersections, etc. Mention was made of the needed bike path and the City Council will be contacted. Mr. Wayne Voigtschild, 8256 131st St., AV: indicated that the Master Plan was adopted with certain parameters which include asking for a changing in zoning which would impact the school district, which would almost double the density in that area without the ability for local recreation (there is not a neighborhood park in Hunters Woods; so even a bike path to the nearest park would be helpful), the vegetation on the south side of Palomino Drive is identical to the north side being red and white oak trees which will be affected (he cited statistics of trees dying from home construction, etc), people have a great deal of time /money invested in their homes and- townhomes on the other side would significantly affect their home values (these people pay the brunt of the taxes in AV indicated Mr. Voigtschild) and that the majority of people in the audience are against the plan. Chair Erickson answered his concerns: the number of children is significantly lower from a town house complex than single family (density been on Comp. Plan for a number of years so no surprise to the school district) the issue of Parks was referred to Mr. Kelley who indicated park dedication was satisfied because of the significant area set aside around Lake Alimagnet (suggestion was made to work with the City Coui cil and Park Director with Mr. Voigtschild indicating that members of the Hunters Woods Association had spent hundreds of hours already on this issue with the resolution a path for bicycling.) PLANNING COMMISSION MINUTES July 15, 1987 Page 5 Mr. G. Teagarden, 8630 Hunters Way, AV: indicated that he is concerned about traffic and does not go to the intersection of Palomino and Garden /�kWuse of the heavy traffic already there. Ms. Susan Haase, 8031 131st St., AV: indicated her concern for increased traffic and for the fact they were told this would be a single- family development. (Please note that those who spoke, in some instances, did so without identifying themselves so the best attempt was made to give credit to the correct persons who commented. ) Mr. Peterson indicated to the audience that he can be "pumped up" as a result of real concerns as were expressed by Mr. Voigtschild rather than one who questions the integrity of the Planning Commission Members. MOTION: of Carlson, seconded by Cowling, to TABLE action on this petition until the next Planning Commission meeting in order to give the City Attorney Jim Sheldon opportunity to present his opinion regarding Statue #462.357, Sec. in this particular situation regarding the proposal for Crestview Forest Townhomes. DISCUSSION: Ms. Sterling indicated she, too, would like to know what the City Attorney would present, but wondered if this could be forwarded onto the City Council with the condition that the Attorney studies the situation before it gets to the Council. Mr. Carlson questioned the date of application, and the Planning Commission must act before its first meeting in Augusi Ms. Sterling commented that she felt the Planning Commission had looked at it for so long that the City Council should have more than a few days to consider this proposal. Mr. Gretz indicated that the City Attorneycould be present at at the next meeting in order to explain the statue in its correct context (this statue has been used to debate many issu in MN). VOTE: to TABLE- -Yes, 3 ( Carlson, Gowling, Peterson) No, k (Erickson, Kleckner, Thorberg, Sterling) MOTION: of Sterling, seconded by Thorberg, that because of the fact it is felt this matter should go to the City Council, recommendation is made to Rezone to "M -2" with the requirement that the City Attorney will look at this between now and when the City Council will review the plan. Mr. Carlson suggested that the motion be clarified to indicate that the City Attorney will look at the statue and explain its application. VOTE: Yes,S(Thorberg, Sterling, Erickson, Kleckner, Cowling); No,2(Carlson, Peterson). MOTION: of Thorberg, seconded by Gowling, to recommend approval of the Preliminary Plat for Crestview Forest Townhomes. VOTE: Yes, 5 ( Thorberg, Sterling, Erickson, Kleckner, Gowling) No, 2 (Carlson, Peterson) PLANNING C014MISSION MINUTES July 15, 1987 Page 6 MOTION: of Sterling, seconded by Thorberg, recommending approval of the Building Permit Authorization including the detailed landscape plans. VOTE: Yes, 5 (Thorberg, Sterling, Erickson, Kleckner, Gowling) No, 2 (Carlson, Peterson). Chair Erickson called a recess; Ms. Gowling had to leave the meeting at 9:30 p.m. 7. Building Permit Authorization and Consideration of Variances for Parking Setback and Size Requirements -- Bonaza Restaurant. LOCATION Between Glazier and C. R. #42, West of Garrett BLDG PERMIT AUTH Ave. CONS OF VARIANCES PETITIONER Letnes Brothers Franchising, Inc. PARKING SETBACK SIZE REQUIREMENTS Mr. Kelley presented the petition for Building Permit Authorization and Consideration of Variances to Parking Requirements for a Bonaza Restaurant. The matter of street acces to C. R. #42 was discussed and the plan will be revised to indicate public street access between CSAH 23 and Garrett Ave. A variance to allow for overhang of cars (smaller space from 20 x 10 to 18.5 x 9, in addition to the setback variances would allow the petitioners to fit enough spaces to meet the zoning requirements, for parking Another access to Glazier will be included. It was suggested that the Sign Ordinance be checked. MOTION: of Carlson, seconded by Thorberg, recommending that the building permit be authorized and that the variances be approved with this being subjec to working out accesses satisfactory to Staff and subject to the revised landscape plan as needed because of changes in road access. VOTE: Yes, 6 - No, 0. 8. Site Plan Review and Building Permit Authorization. LO CAT ION : 14420 Glenda Drive timmediately north of SITE PLAN REVIEW Superstore). BLDG_ PERMIT AUTB PETITIONER: Bruce Schmitt & Associates. Mr. Kelley presented the petition for site review and Building Permit Authorizat for an office building, which is an allowable use in a limited business zoning district. A review of the site plan shows that the standards of the district are met and the requirements are met. Ms. Sterling was told that there are two limited business sites between this sit and Glenda Ct. which are vacant. MOTION: of Carlson, seconded by Thorberg, recommending that this site plan and building permit be approved as this building and site plan appear to meet the requirements of the zoning ordinance. DISCUSSION: Ms. Sterling wondered if there should be some way of requiring a small berm on the front and was told it does not really seem necessary. VOTE: Yes, 6; No, 0. PLANNING COMMISSION MINUTES July 15, 1987 Page 7 9a. Front yard setback variance, new home construction. LOCATION Lot 1, Block 1, Timberick 7th Addition. FRONT YARD SETBAC PETITIONER: Domestic Development, Inc. VARIANCE (Please note Mr. Kleckndr stepped down from the Planning Commission.) Mr. Kelley explained the request for a front yard setback variance to construct a new home to within 25 feet of the front lot line rather than the 30 feet required by ordinance because of a surveyor's error. Due to the dimensional errors in the creation of this parcel, it is Staff's opinion that a hardship exists. MOTION: of Carlson, seconded by Sterling, recommending that a setback variance authorizing construction to within 25 feet of the lot line adjacent to Gurney Path be approved for Outlot A, Oaks of Apple Valley II, due to the hardship of an unusual lot configuration created by a dimensional surveying error. VOTE: Yes, 5; No, 0. 9b. City Hall Space Requirements. Mr. Carlson indicated that he felt it would be advantageous for members of the Planning Commission to be present for the tour /meeting Thursday, July 16, at 8 p.m. to share input on the entire City Hall space issue. 10. ADJOURN. MOTION: of Carlson, seconded by Peterson, to adjourn the meeting at 10 :10 P.M. VOTE: Yes, 6; No, 0. APPROVED SECRETARY