CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
FEBRUARY 21, 2001
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair Karen Edgeton at 7:00 p.m.
Members Present: Karen Edgeton, John Bergman, Tom Melander, Jim Hadley, Tim Burke, Frank Blundetto, Jeannine Churchill
Members Absent: None
Staff Present: Consulting Engineer Keith Gordon, City Attorney Sharon Hills, Assistant Planner Kathy Bodmer, Assistant Planner Margaret Milton, City Planner Tom Lovelace, Community Development Director Rick Kelley
2. APPROVAL OF AGENDA
Community Development Director Rick Kelley indicated that the petitioner of item 5A, Target Corporation, has requested a continuance until the next meeting.
MOTION: Burke moved, seconded by Hadley, to approve the agenda. The motion carried 7-0.
3. APPROVAL OF JANUARY 17, 2001 MINUTES
MOTION: Burke moved, seconded by Bergman, to approve the minutes as submitted. The motion carried 5-0 (2 abstentions-Blundetto, Churchill).
4. CONSENT ITEMS
A. Rearyard Setback Variance for Garage Addition at 13420 Guild Avenue
MOTION: Burke moved, seconded by Melander, to recommend approval of the variance of 14 feet from the required rear yard setback of 30 feet, based upon the following: (1) a hardship created by the irregular shape of the lot and the orientation of the dwelling unit; (2) granting of the variance will not alter the essential character of the neighborhood. Motion carried 7-0.
5. PUBLIC HEARINGS
A. Amendment to Planned Development No. 244 (signage, parking, setbacks) and Site Plan/Building Permit Authorization for Expansion by Target Corporation at 15150 Cedar Avenue
Chair Edgeton opened the public hearing and declared it continued until the next meeting.
6. LAND USE/ACTION ITEMS
A. Rezoning from "R-1" to "R-3" and Preliminary Plat to Create 6 Lots for Single-Family Development by Robert Shackelford
Assistant Planner Kathy Bodmer introduced the item. She identified additional documents distributed to the Planning Commissioners: a letter from Hydrologist Pat Lynch, staff recommendation, and a Letter of Support that includes one new name. Bodmer stated the reduction of roadway width in a redevelopment area such as this is preferred to minimize drainage and environmental impacts by reducing the hard surface area.
Bodmer reviewed the public hearing comments and staff's responses. She identified properties served by septic systems. City services are not available to the homes on Embry Path, but are available to most of the other homes in the area. There was some discussion of how septic systems are monitored, as well as the definition of septic system failure.
Edgeton asked if the situation of Embry Way becoming a public street has been resolved satisfactorily. Bodmer responded that if the neighbors adjacent to the street portion refuse to sign the plat, the City would need to determine whether it is willing to through a condemnation process. Melander asked about the cost impact to homeowners if the street is dedicated. Bodmer stated that only people immediately adjacent to the public roadway who are gaining benefit would be assessed. Consulting Engineer Keith Gordon clarified that only the portion adjacent to the new development would become a public street under this scenario.
Gordon showed a graphic that identified properties in Farquar Lake Watershed with potential development or redevelopment. He described the drainage patterns and impacts from the properties. Properties adjacent to the lake would affect bounce on Farquar by about one-quarter inch. The net effect of all redevelopment adds one-half inch to the top level of the bounce in a 100-year storm. The impact of the Shackelford development on Long Lake is projected to be 1/20-1/30 inch. Gordon said that some people feel the widening of Pilot Knob Road had an effect on the lake, but that he doesn't feel it has had much of an effect. Melander asked about the pump capacity. Gordon answered capacity is 1 ½ inches per day. The pumped water eventually drains to the newly created lake by the Camas gravel pit on 160th Street. He closed by stating that development was anticipated when the lift stations and storm system were designed.
The petitioner Bob Shackelford read a letter from Kathryn Fernholz into the record. Ms. Fernholz is a forester, acting as a consultant to Mr. Shackelford. Shackelford also projected several photos of Embry Way and Pilot Knob Road.
Edgeton said the biggest benefit she sees is removing two drives from Pilot Knob Road and city snow removal on the public street portion of Embry Way.
Hadley asked what would change if Embry Way became a city street. Gordon answered that the city would salt and sand the roadway. Kelley added that the City would also wing back piles of snow at the intersections to improve visibility.
Bergman asked if a raingarden provides a greater benefit to residents or runoff from the street. Gordon said it protects both, water from roads and yards would collect there.
Shackelford presented for the record a Police history of accidents in the area and additional letters from Carey V. Smith, William Jorde, Stu and Fran Doerner, and Dick and Jan Boumeester.
Gram Cameron of Elkwood Drive asked if he would have to help pay if Embry Way became a public street. He also said he lived here in the 1970 and remembers Long Lake to be very different from the photo that was shown.
Heather Sharp of Cannon Falls stated she drives 60 miles to work at Northwest Airlines. She encouraged the Commission to approve the project so there would be more homes available, so she could be closer to work.
MOTION: Burke moved, seconded by Bergman, to recommend approval of rezoning the property from "R-1" to "R-3". Motion carried 7-0.
MOTION: Burke moved, seconded by Churchill, to recommend approval of the preliminary plat of the Shackelford Addition with the following conditions: (a) final subdivision approval shall be conditioned upon Embry Way being either dedicated or conveyed to the City as public right-of-way; (b) the turnaround shall be modified to comply with City standards; (c) the final design of the rain garden shall be reviewed and approved by the City Engineer. Motion carried 7-0.
B. Site Plan/Building Permit Authorization for East Valley Animal Clinic at the Northeast Corner of 141st Street and Upper 141st Street
Assistant Planner Margaret Milton described the project.
Hadley expressed concern about dressing up the north elevation since it faces a major roadway in 140th Street.
Jack Grotkin of R. J. Ryan, the petitioner, stated the longest area of plain wall on that north elevation is 20 feet, and that there are jogs in the wall that don't show up well on paper. He said they could put some shrubs on the north also.
Dr. Kathy Ranzinger, owner of the proposed building, said the northern space is the dog kennel area and it was designed with minimal openings predominantly for sound barrier purposes. She stated she is also concerned about the look of the building and is open to installing portal windows or something to that effect to dress up the appearance of the north side.
Gordon clarified that the City will install the sidewalk and assess each property owner along the way.
MOTION: Churchill moved, seconded by Hadley, to recommend approval of the site plan/building permit authorization for a 3543 square foot veterinary clinic with the following conditions: (a) the installation of a pedestrian connection to a sidewalk along Upper 141st Street and the construction of pedestrian ramps on the driveway; (the developer will work with City staff to incorporate ideas regarding the windows on the north side, as well as landscaping, to dress up the 140th Street side of the building. Motion carried 7-0.
C. Site Plan/Building Permit Authorization for 15,436 s.f. Multi-tenant Retail Building in Culver's Addition
City Planner Tom Lovelace introduced the item. He noted the applicant has responded to the concerns outlined in the staff report and has submitted revised plans reflecting those changes. Lovelace stated the applicant has agreed to adhere to the Natural Resource Coordinator's requests. He showed overheads demonstrating the revisions to the elevations. Windows were added on the west side, painted concrete block was replaced with brick for the trash enclosure, and brick became the primary building material.
Edgeton asked if there was anything to be done to minimize the overhead doors. Lovelace answered that the Commission could recommend that the color of the overhead doors blend in with the brick.
Edgeton also asked if there was enough room for deliveries behind the building, given the traffic path. Lovelace responded that there was enough room, that parking spaces on the service road would be signed for employee parking to further minimize activity in that area.
Gene Pedersen of New Century, the applicant, stated they can blend the color of the overhead doors or use a non-reflective glass door so they would look more like a window than a door. The glass door idea would have to be approved by the tenant as there may be a security issue.
MOTION: Hadley moved, seconded by Melander, to recommend approval of the site plan/building permit authorization for a 15,435 square foot retail building, subject to the following conditions: (a) no building permit shall be issued until the final plat for the subdivision is approved by the City and recorded with Dakota County; (b) no building permit shall be issued until the necessary private drive and cross access easement agreements have been executed; (c) overhead doors are either glass or of a color that blends with the building. Motion carried 7-0.
7. OTHER BUSINESS
A. Sketch Plan for Rezoning from "A" to "R-3" to Create 13 Lots on Approximately 6 Acres Located on the Northwest Corner of 138th Street and Diamond Path by Bridgeland Development
Assistant Planner Margaret Milton reviewed the original plan. She then showed a revised plan that addresses staff's concerns.
Gordon stated the potential cost of a future road to the south would be worked out between the buyer and seller so the City would only have to assess the developer.
Edgeton asked about the density of the project. Milton said there are 13 units on 6 acres.
Hadley asked if 138th Street would be dead-ended again, and Milton replied affirmatively.
Steve Nelson of Bridgeland Development, the petitioner, stated they are trying to be good neighbors. The driveway from the southern property would be relocated so that it would be only on the owner's property. The road would be negotiated without assessment to the southern property owner.
Edgeton asked about grading issues. Milton said a grading plan was not submitted with the sketch plan. Milton noted that Lot 1 of Block 2 would not be developed until 138th Street was extended because of the temporary turnaround to be located on that Lot 1.
Edgeton stated she would like staff to sit down with adjacent property owners to discuss future development.
Hadley said he thought the City didn't like cul-de-sacs. Gordon answered that when a cul-de-sac is basically the only way to develop a property, the City doesn't have a problem using them.
Blundetto stated he thought it was a good plan.
Melander asked if the owners to the east want to leave their property as is, will leaving Lot 1 of Block 2 undeveloped indefinitely affect whether development occurs. Nelson replied that he did not know the answer to that right now, but he doesn't think so.
B. Blundetto's Conditional Resignation
Blundetto stated that his family has found a house in Eagan, so this may be his last meeting. The closing is scheduled for March 2nd. Edgeton thanked him for his many years of service on the Planning Commission.
8. ADJOURNMENT
MOTION: Blundetto moved, seconded by Churchill, to adjourn the meeting. Motion carried 7-0. The meeting was adjourned at 9:15 p.m.