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Home My WebLink About09/16/1987 CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES September 16 1987 Minutes of the meeting of the Apple Valley Planning Commission held Wednesday, September 16, 1987, at 7;30 p.m. at the Apple Valley City Hall. PRESENT: Chairperson Robert Erickson; Commission Members Richard Carlson, Marcia Gowling, Frank Kleckner, Phillip Peterson, Virginia Sterling; Staff Members Rick Kelley, Meg McMonigal, Keith Gordon; eight members of the public. ABSENT: Arleigh Thorberg. 1. Chairperson Erickson called the meeting to order at 7;30 p.m. 2. Approval of Agend4. Mr. Kelley indicated that Item 8a. Sketch Plan, Office Warehouse, be added to the agenda for tonight's meeting: AGENDA MOTION: of Carlson, seconded by Sterling, to approve the agenda as amended. VOTE. Yes, 6; No, 0. 3. Approval of Minutes'of August 19, 1987. MOTION- of Carlson, seconded by Sterling, to approve the minutes Of August 19, 1987, as presented. MINUTES VOTE: Yes, 4; No, 0; Abstain, 2 (Gowling, Peterson). AUG. i 4. Public Hearing for Preliminary Plat -- Skipper's Site. LOCATION Northeast corner of County Road #42 and Cedar Ave. PH, PRE' PETITIONER Oxboro Development Company. PLAT SKIPPER Chairperson Erickson opened the Public Hearing with the standard SITE opening remarks. Mr. Kelley presented the preliminary plat petition to subdivide a parcel of land into two separate parcels requiring a variance to lot standards. Two variances would be required- -one to the subdivision requirements that all lots abut a public street and the other to the zoning requirement that every lot in the district be a minimum of 100 feet wide at its street frontage. Mr. Kelley reviewed the comments of City Attorney Michael Dougherty regarding ground lease and fee ownership, the Cityfs rightful view of Parcel B, and driveway access and cross- parking easements under the terms of the lease between the landlord and Skipper',. Lengthly discussion followed during which Mr. Neil Polstein, the lawyer for the petitioner, indicated his reactions rather than opinions to Mr. Doughtery's letters. He felt a better mechanism regarding the parking lot situation would be the have an easement granted and have the City enabled to veto any changes- -there was never any intention on the part of the petition to have the City as a party to the easement agreement. He indicated they woul be opened to the suggestion to have a townhome type association for "'mainte— nance" of the parking lot, but Mr. Polstein felt the best way to handle the situation'is through easements. In commenting on ground lease and fee ownership, Mr. Polstein indicated that Skipper's has no intent to give up control of this property as long as anyone can contemplate. (A proposed easement agreement has been sent to the City Attorney which will be included in the October 7 packet. Chairperson Erickson indicated there is no strong opposition to this proposal, but the mechanics of how to make it work PLANNING COMMISSION MINUTES September 16, 1987 Page 2 need to be clearly defined. Mr. Carlson suggested that the petitioner meet with Mr. Kelley and the City Attorney to define the mechanics from the City's perspective and he felt this would be favorable to the Planning Commission. This information will be ready for the October 7 meeting. No one from the Public wished to speak to this public hearing. Ms. Sterling questioned if the Planning Commission could hear how Skipper's reacts to this plan; the petitioner indicated he would get a response from Skipper's eventhough they have already signed a purchase agreement. Mr. Kleckner indicated that he felt Staff should be provided with a copy of the purchase agreement. Chairperson Erickson closed the public hearing with the standard closing remarks. 5. Public Hearing for Preliminary Plat and Conditional Use Permit for SuperAmerica. LOCATION Southeast corner of C. R. #42 and Garrett Ave. PH, PRE or PI�iT & PETITIONER SuperAmerica. COND. 3 Chairperson Erickson opened the public hearing with the standard USE opening remarks with Mr. Kelley presenting the petition for a preli- minary plat to create one commercial lot and a Conditional Use Permit for motor fuel sales. The building pad and overhead canopy meet the required setbacks, but the parking lot /drive area adjacent to Garrett Ave. must have a 20 foot setback instead of the 10 foot setback indicated and the driveway entrance must have a setback of 100 feet from the C. R. #42 row rather than the 80' indicated. Parking stalls would have to be provided. The petitioners, Mr. Karl Kaupp and Mr. Bill Perris, indicated they did not know if they would eventually develop the property to the south- - there are no plans at this time. The existing metal hangar will be removed. They indicated there is amply room to meet the required setbacks. Ms. Sterlis questioned if they would be willing to install a second entrance and thus expand the proposal south. The petitioner will study the plan for the possibility of the second entrance. Mr. Carlson expressed concern about the City becoming saturated with motor fuel outlets with Mr. Kelley indicatinf that they look at the total expected population and feel ultimately there will be enough demand. Mr. Erickson indicated he shares that concern and he sees operations that do not survive because of access. Mr. Peterson indicated he felt this would be a convenient location and with the amount of traffic in that area, two driveways would be needed. Ideas from Commission members as to how to best accomplish two accesses were shared. Mr. Carlson indicated that perhaps by making the driveway larger, a second entrance may not be needed. Mr. Kleckner left the meeting at 8;35 p.m. Speaking from the Public; 1. Ms. Sarah Mardell, 18918 Denmark Ave., AV. indicated that she, along wit] her husband, own the property directly across the street and questioned planned landscaping. Mr. Kaupp indicated that it would be landscaped similarly to other SuperAmerica outlets -- landscaping would be done well! The area will be bermed heavily in order to keep the lights from the cars parking in the 16 spaces from shining across the street. The buildii will be 2,200 square feet. PLANNING COMMISSION MINUTES September 16, 1987 Page 3 Me. Sterling cautioned that the Sign Ordinance be checked before they erected their sign planned for the northwest corner. Chairperson Erickson closed the public hearing with the standard closing remarks. 6. Sketch Plan Review for Single Family Development. LOCATION On Pilot Knob Road, Y2 mile south of C. R. # 42. SKETCH PETITIONER John Broback. PLAN RE SINGLE Mr. Kelley presented the sketch plan for 66 lots, detached single FAMILY family dwellings. Mr. Gordon commented on utilities : - sanitary DEVELOP seder runs across the Fischer property and at present, it is about 1,000 feet from the property in either of two directions. It could be brought down from Pilot Knob Rd. or come across on an easement from Dodd Road. Water could come from Apple Valley East. Storm sewer could be run in Dodd Rd. and drain into'a major pond in the park. He indicated costs would be approximately $100,000.00 including cost of easements. Discussion ensued as to the' location of gravel operations and the compatabilit with future - gravel operations. Mr. Carlson indicated housing and gravel operations are not compatible in any mannar4 The Petitioner indicated he had purchased the parcel in 1983 and the zoning is institutional and ie planning'to actively market the property and if not as single family,lwiein the conforming use as decided by the City. Lenghtly discussion ensued regardi gravel operations /housing with Mr. Carlson indicating from his personal experience that he could not endorse voting for a single family development because of the potential problems from the expected gravel operations. Mr. Brobeck indicated that he was told in 1983 the same information as he is being given in 1987 regarding decisions that have yet to be made on sand and gravel operations. The Planning Commission indicated that they would prefer not to lean towards sand and gravel operations, but the entire issue is still "in the air." The Petitioner indicated he will market the property according to the existing zoning but wondered if developing their property would set a rp gded ence and, therefore, make gravel operations illegal - -an interesting idea.* Chair .Erickson expressed concern that if the City were to approve a single family housing development, they would end up in a court battle and lose. 7. Comprehensive Plan Committee. COMP PL MOTION: of Carlson, seconded by Peterson, to establish a Compre- COMMITT hensive Plan Committee of 12. DISCUSSION: Ms. McMonigal wondered if this would incl. the 4 -5 representatives from the Planning Commission. AMENDMENT TO THE MOTION: establish a maximum of thirteen members of the Comprehensive Plan Committee„ not exclusive, and VOTE: on the motion as amended- -YES, 5; No, p. / everyone who applies may attend the 8a. Sketch Plan, Office warehouse. meetings. OFFICE Copies of a proposed sketch plan for a office warehouse in the WAREHOU NorthStar Industrial Park were distributed. This will be formally PLANNING COMMISSION MINUTES September 16, 1987 Page # presented at the October ?, 1987 meeting. The petitioner will be requesting tax - increment financing for the proposed 30,000 sq. ft. building. 8b. Copies of the Bylaw; as changed,were distributed. 9. adjourn. MOTION: of Carlson' seconded by Gowling, to adjoun the meeting at 9 :50 p.m. VOTE: Yes, 5; No, 0. APPROVED SECRETARY