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HomeMy WebLinkAbout05/18/2016CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 18, 2016 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:01 p.m. Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Angela Polozun, Paul Scanlan and David Schindler. Members Absent: None Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Planner Kathy Bodmer, City Engineer Brandon Anderson and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 7 - Nays - 0. 3. APPROVAL OF MINUTES MAY 4, 2016 Chair Melander asked if there were any changes to the minutes. Hearing none he called for a motion. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of May 4, 2016. Ayes - 5 - Nays - 0. Abstain —2 (Alwin and Schindler) 4. CONSENT ITEMS A. Add June 2, 2016 as a Planning Commission meeting/workshop to be held at Apple Valley Senior Center. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving June 2, 2016 as a Planning Commission meeting/workshop to be held at Apple Valley Senior Center. Ayes - 7 - Nays - 0. 5. PUBLIC HEARINGS CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 18, 2016 Page 2 of 8 A. Delegard Apple Villa Apartments — Public hearing to consider Comprehensive Plan Amendment from "MD" (Medium Density Residential, 6 to 12 units/acre) to "HD" (High Density Residential, 12+ units/acre), rezoning from "M -7C" (Multiple family residential, 12 to 20 units/acre) to "PD" (Planned Development) and site plan review/building permit authorization to construct a 28 -unit apartment building. (PC16-18-PZB) LOCATION: 7800 Whitney Drive PETITIONER: Delegard Apple Villa Properties LLC Chair Melander opened the public hearing at 7:04 p.m. Planner Kathy Bodmer stated the request is for consideration of the following land use actions to authorize construction of a new 28 -unit apartment building at 7800 Whitney Drive: 1. Comprehensive Plan Amendment from "MD" (Medium Density Residential at 6 to 12 units/acre) to "HD" (High Density residential at 12+ units/acre). 2. Rezoning from "M -7C" (Multiple family residential, 12 to 20 units/acre) to "PD" (Planned Development). 3. Site Plan Review/Building Permit Authorization for construction of a new 28 -unit apartment building. She reported that Delegard Apple Villa Properties LLC requests consideration of three land use actions that would allow them to construct a new 28 -unit apartment building on the property located at 7800 Whitney Drive. The property currently has three apartment buildings with a total of 48 units. Two detached garage buildings provide 24 garage stalls. The petitioner would like to demolish the existing garages and construct the new apartment building on the northwest side of the site. One of the 12 -unit garages would be reconstructed as a single loaded garage on the southwest edge of the site. The subject site is within a 1/4 mile of the Apple Valley Transit Station, a regional transit hub in Apple Valley. Numerous transit routes, including the METRO Red Line bus rapid transit system, express routes to the two downtowns and local bus routes are operated out of this transit facility. The Comprehensive Plan notes that a quality, functional rapid transit system should create positive land use opportunities for Apple Valley including additional access to regional employment centers and increased demand for housing conveniently located near the transit stations. The Comprehensive Plan currently guides the development of the site for "MD" (Medium Density Residential, 6 to 12 units/acre) while the site is zoned "M -7C" (Multiple family, 12 to 20 units/acre). The existing apartment development has a density of 12.6 units/acre. By adding 28 units to the site, the owners would like to increase the density to 19.9 units/acre. A comprehensive plan amendment to "HD" (High density residential, 12+ units/acre) would be required in order to increase the density to 20 units/acre. The zoning code requires one principal building per lot. In order to construct a new apartment building, the property owner must subdivide the property. However, the existing site was developed in the early 1970s and currently has three buildings on a single parcel. Rather than subdivide the property, the petitioner would like to rezone the property to "PD" (Planned Development) to CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 18, 2016 Page 3 of 8 provide flexibility in some of the zoning district requirements, including the number of buildings per lot. The petitioners also request relief from the parking setback requirement from Whitney Drive to reduce it from 20' to 15'. She reviewed the garage parking and lighting plan for the complex and stormwater drainage area for the site. Commissioner Scanlan asked if there was any concern from the Fire Department during the review of this project with where the garage area is a dead end. Ms. Bodmer answered that the Fire Department did not raise any issues related to that. Commissioner Scanlan inquired what the reason was for the parking lot setback request from Whitney Drive. Ms. Bodmer said it was because Whitney Drive is considered a collector street and the setback requirement is currently 20 feet. The petitioner is requesting a 15 foot setback like other properties to the east. Jim Schloemer, Kaas Wilson Architects, provided additional information. Kim Behrens, Kaas Wilson Architects, was available for questions and had material samples. Commissioner Diekmann asked what the overall height of the building was at the peak. Ms. Behrens answered it was a little under 45 feet. Commissioner Scanlan inquired if the remodeling was going to be parallel to the new construction and what the timetable was they were looking at. Ms. Behrens answered that she felt they would do things at the same time when construction crews are available on site with the same trade people. Bonnie Tangness, Greenleaf Townhomes across the street from the proposed apartments, expressed concern for the size of the building. She felt it is too big and will cover up all the small buildings which had not been kept up for quite some time. They are not in as good shape as they might propose. Existing road design in the area is insufficient to handle additional traffic. She feels this will add more traffic. The availability of parking is limited and is already a concern. She said a larger apartment building will look out of place because of the 3 levels while everything else is one level or two levels. She said from the comprehensive planning stand point it makes sense to insert high density compared to develop medium density. She said association members would like to question if there is anything about that proposal that is consistent with the City's overall comprehensive planning objectives, in other words going higher or higher property. She express concern for the construction and said it was going to be a mad house around there but it seems how it will impact other property value of all the townhomes. She said they already have a large wall CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 18, 2016 Page 4 of 8 outside of the townhomes that separate them from Cedar Avenue, the noise component. This seems like a bigger building to enclose them from Whitney Drive. They would like that to be addressed. She said so many buses go that way because when they get done with the transit and unload their people, there are a lot of buses that go through that area. She commented that she saw so much during the presentation that she does not know what else to address and needs more time to digest everything she saw. She asked if there would be more public hearings and asked the Planning Commission to consider some of their concerns. Chair Melander answered that tonight would be the only public hearing and that staff would address any questions that come up. He said if anyone has additional questions they should get in touch with the Planning staff before the next meeting. Bob Heidbrink, 7517 Whitney Dr, Greenleaf Townhomes, asked what the proposed timeframe is and what the process and procedure was in place at this point as far as going forward with this and any potential hearings. Chair Melander said the public hearing is tonight. At the next meeting, staff will come back with all the comments and questions answered and addressed including the questions the Commission asked. At that time the Commission would probably make a recommendation one way or the other. He clarified that the Planning Commission does not approve, they only recommend to the City Council. The item then goes to the City Council and they make the decision. At that time it is up to the developer as to when they move forward with the building process. Just because something is approved it does not mean it gets built. Should they move forward construction could take 90-120 days. It could happen this building season. Mr. Heidbrink asked how long it takes to get through the political process once you decide to do something here. He asked if the public could have some sort of dialogue as to the questions that are getting answered tonight and the recommendation and be informed about this project. Community Development Director Bruce Nordquist said staff would be happy to provide the information that was presented tonight and the answers to the questions that were raised tonight would be done in a public forum at a Planning Commission meeting. Mr. Heidbrink asked if this would not be the public's only opportunity to have input of what is being done. Mr. Nordquist clarified that this evening is the public hearing and he said he refers to the Chair of the Planning Commission that he may choose to receive additional comments but the appropriate time to be making the comments is this evening during the public hearing and we are hearing concerns that should be addressed. He also wanted to add one additional thing that while this process is going on we are also having the Metropolitan Council review the Comprehensive Plan designation to allow for this modification of zoning to a higher density. Mr. Heidbrink asked if there would be some response to the questions asked tonight and the letter their attorney submitted regarding some of their concerns. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 18, 2016 Page 5 of 8 Chair Melander commented that there is nothing that goes on behind closed doors and that it is discussed publicly and openly. Nobody is working behind the scenes. Mr. Heidbrink asked if there had been any traffic study done as to what the impact of this project would be to the area. City Engineer Brandon Anderson answered that the City requested a traffic study from the applicant but had not received it yet. Mr. Heidbrink asked if there is a timeframe in which the Planning Commission would like to get to City Council with some type of recommendation. City Attorney Sharon Hills answered that once the application is submitted there are 60 days for zoning but since there was a Comprehensive Plan amendment and it needs to be submitted to the Metropolitan Council, it is on hold. Mr. Heidbrink asked if he would be correct in understanding that it would be on a relatively fast track as things go in City Hall. Chair Melander answered that they are not pushing things forward. Until the questions are answered and satisfied he does not feel the City will move things forward. He said in the past the Planning Commission has done a pretty careful job at looking at projects as does City Council and City staff. Mr. Heidbrink asked how the staff report and slide presentation would be available to them to review. Ms. Bodmer answered that it would be available on the City's website. If residents have additional comments they could provide that in writing and staff would forward that to the Planning Commission. Janet Hernandez, 7585 Whitney Drive, Greenleaf Townhomes, expressed concern for the traffic in the area and the travel impact with this being a collector road, feeding into Cedar, people using it as a cut -through. Children who go to Cedar Park have to cross that cross -walk sometimes. She said she is concerned for the traffic. When there is snow that comes down everybody from their townhomes and the apartment building have to park on the street so they can get plowed out appropriately. She does not see how everybody would fit on those streets if they all get plowed at the same time which has happened before. She said it is too many people and she does not want it to happen for that reason. She asked what the next step is and if they could come to another meeting. Chair Melander answered that if there are new comments that come up and the issues that have come up this evening, they are going to be addressed. The Commission will address new questions. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 18, 2016 Page 6 of 8 He said if the questions that come up had been addressed, they will bring it to a vote and recommend approval or denial to the City Council. Ms. Hernandez asked how much impact does the traffic study have on the approval or denial of the project. Chair Melander said they look at everything. Ms. Hernandez commented that she knows it will affect it because she has lived there for a lot of years. There will be a lot more people on that road. Sandy Porter, 781 Newell Dr., was concerned for not only removing the visual barrier that is currently there between their houses and the apartment building, but what is going up will not be sufficient as a visual barrier nor a headlight and sound barrier for their homes that back up against there. The fence that is currently behind the apartment buildings, will that continue to be there so that we do not have foot traffic that can go straight through the parking lot into the other apartments that are behind there. They are concerned for extra traffic, extra people, and extra noise that is right up against a residential area and that it would affect their property values should they want to re -sell because of the additional apartments behind them. She asked at what next meeting would the Commission be discussing this so they could still come to the meeting even if they could not contribute anything and still hear the discussion. Chair Melander said the next regular scheduled meeting is June 1 and recommended checking the website for the agenda in case the item is not to be on for discussion and would be moved forward to a later meeting in the month. Chair Melander closed the public hearing at 7:51 p.m. 6. LAND USE/ACTION ITEMS A. Quarry Ponds 4th Addition — Consider a request for rezoning from "SG" (Sand and Gravel) to "PD-975/zone 1" (Planned Development) and subdivision of 9 acres into 22 single- family residential lots. (PC15-47-ZS) LOCATION: Northwest corner of 157th Street West and Johnny Cake Ridge Road PETITIONER: Palm Realty, Inc. City Planner Tom Lovelace stated the property is currently zoned "SG" (Sand and Gravel). The applicant has requested a rezoning of the property from "SG" to a "PD-975/zone 1" (Planned Development), which allows for single-family dwellings as a permitted use. The minimum lot area and lot width within this "PD" district is 8,450 sq. ft. and 65 feet for an interior lot, and 10,400 sq. ft. and 80 feet for a corner lot. All lots meet the minimum lot area and lot width requirements. The subject property is located in an area that was part of an Alternate Urban Areawide Review (AUAR). The City Council reviewed and adopted the AUAR and Mitigation Plan in late 2007. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 18, 2016 Page 7 of 8 One of the requirements of an AUAR is to review the document periodically and update, as needed. Preparation of the update is currently in progress. The proposed use on the subject property is consistent with the existing AUAR and no changes are anticipated with the update. Consideration of the rezoning and subdivision by the City Council will be subject to the completion and adoption of the updated AUAR. In addition, site grading, and installation of public streets and utilities shall not occur prior to approval of the AUAR update. The proposed development is located on property that is part of a sand and gravel mining conditional use permit (C.U.P.). This property has never been mined and has been historically used for crop production. The proposal will end the ability of Fischer Sand and Aggregate, the current owner, to mine the property. Mining operations will continue to the north and east of the proposed development, which could result in potential conflicts with the proposed residential development. This will need to be addressed through the zoning code regulations that establish setbacks between residential property and mining operations, operating hours, and screening. The original submittal and reviewed by the Planning Commission on January 20, 2016, indicated that the proposed 25 acre/61 lot single-family development project would be done in three phases. The subject property with its 22 lots was to be the original proposal's first phase, with the remaining 39 lots developed in the second and third phases. The remaining property in the original request, which has been mined, will not be platted until after its reclamation. Discussion followed. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke, recommending approval of the rezoning of Blocks 1-3, QUARRY PONDS FOURTH ADDITION, according to the preliminary plat, from "SG" (Sand and Gravel) to "PD-975/zone 1" (Planned Development), subject to the completion of the update to the Fischer Sand and Aggregate, LLP Alternative Urban Areawide Review process. Ayes - 7 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke, recommending approval of the QUARRY PONDS FOURTH ADDITION preliminary plat, subject to the following conditions: a. Preliminary plat approval is subject to the completion of the update to the Fischer Sand and Aggregate, LLP Alternative Urban Areawide Review process and any subsequent plat revisions resulting from the conclusion of such process. b. Rezoning of the property within the subdivision shall be completed prior to approval of the final plat. c. Issuance of Natural Resources Management Permit shall be subject to the completion of the update to the Fischer Sand and Aggregate, LLP Alternative Urban Areawide Review process. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 18, 2016 Page 8 of 8 d. Installation of public streets and utilities shall be subject to the completion of the update to the Fischer Sand and Aggregate, LLP Alternative Urban Areawide Review process. e. Dedication of one foot (1') wide easements that restricts direct driveway access to Johnny Cake Ridge Road and 157th Street West. f. Dedication of scenic/conservation easements over the rear yard area of lots abutting Johnny Cake Ridge Road to preclude removal of earth berms and landscaping installed adjacent to the roadway. Ayes -7 -Nays -0. 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, June 1, 2016, at 7:00 p.m. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler to adjourn the meeting at 8:06 p.m. Ayes - 7 - Nays - 0. Respectfully Submitted, vL i/1/tu, J . Murphy, Planning Dep.' ment ;`sistant Approved £ y the Apple Valley Planning Commissio on