Loading...
HomeMy WebLinkAbout07/06/2016CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JULY 6, 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 and Paul Scanlan. Members Absent: David Schindler 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 - 6 - Nays - 0. 3. APPROVAL OF MINUTES JUNE 15, 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 Burke, approving the minutes of the meeting of June 15, 2016. Ayes - 6 - Nays - 0. 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Temporary Family Health Care Dwellings -Public Hearing to consider amendments to City Code Chapter 155 by adding Section 155.500 which relates to temporary family health care dwellings in residential districts and the provision of Minn. Stat. § 462.3593. (PC16-20-O) LOCATION: Citywide PETITIONER: City of Apple Valley Chair Melander opened the public hearing at 7:03 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 6, 2016 Page 2 of 13 Planner Kathy Bodmer stated that on May 12, 2016, Governor Dayton signed into law legislation that requires cities to allow homeowners to obtain a permit to place a mobile residential dwelling structure on their property to serve as a "temporary health care dwelling." A temporary health care dwelling is a small (300 sq. ft.) portable dwelling unit that can be placed in the yard or driveway of a single family residential lot to allow short-term care for an ailing relative. The units receive water through a hose and electricity through an extension cord from the principal dwelling; the health care home's septic system would need to receive septic pumping service. The permits issued by cities would be valid for a period of six months. The applicant is able to renew the permit for another six month period. The new law has a provision that allows cities to opt -out of the temporary home health care permitting requirement. If an opt -out ordinance is not enacted prior to the law's effective date of September 1, 2016, a city would be required to allow the structures through a permitting process until such time as the opt -out ordinance is in effect. City staff reviewed the temporary health care homes and identified several concerns from the building code and zoning ordinance. The structure is an approximately 8' wide by 30' long recreational vehicle or modular home with a pitched roof and siding to give it a residential appearance. Staff is concerned that these temporary structures may negatively impact surrounding properties. The City Council discussed the ordinance at their June 9, 2016, Informal Meeting. They felt that allowing families to care for convalescing relatives is beneficial to the community. However, they felt that it would be better to encourage home owners to make improvements to their primary structures, rather than have temporary dwellings stored on driveways or in back yards. The City Council supported the idea of helping families and directed staff to review the City's existing accessory unit dwelling (AUD) ordinance. Today, AUDs are only permitted in the R-1 (Single family, minimum lot 40,000 sq. ft.) zones by conditional use permit. The City Council stated they would like to discuss expanding the ability to construct AUDs in more zoning districts in the City. Issues related to AUDs include ensuring that the home remains owner -occupied, the size of the AUD is accessory to the primary dwelling, that the AUD does not negatively impact the neighborhood and that single family homes are not converted to duplexes in single-family neighborhoods. Commissioner Alwin asked if an AUD was more a permanent structure versus these temporary units for 6 months with an extension to give you 12 months. If you have somebody who is sick, it is really a short term option. Ms. Bodmer answered yes. Commissioner Alwin commented if we are pushing people to the AUD is that effectively an option and if there was something discussed at the City Council informal meeting may be prohibitively CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 6, 2016 Page 3 of 13 expensive and may be forcing people into a permanent structure on their property versus these temporary. Ms. Bodmer answered that point did not come up, but what did come up was that many times when you are caring for an ill relative 6 month or a year is not really enough time. Chair Melander commented he tends to agree with what City Council discussed and could see the AUD approach rather than placing somebody in the back yard. Ms. Bodmer commented that she expects to bring back the AUD ordinance in the fall. Anita Burke, 13 966 Eveleth Ct, encouraged the Planning Commission to not opt -out of letting property owners have temporary family healthcare dwellings on their property. She said she experienced this in her family when her parents needed care and facility expenses are high and they were draining the funds. There was no room in her house to add on to the house nor were there funds to put on an addition. When health issues come up, families do not have time to build on additions. They have to make decisions immediately. Patients are discharged from hospitals sooner and sooner. These are some things to consider since baby boomers are living longer. Medicare does not cover long-term stays at long-term facilities. It is a financial drain on families. She would like to see more options. She believes people should be awarded for helping out their family members and should be applauded for being willing to do so instead of being deterred from doing so. She urges the City to utilize this new law to allow family members to help care for one another in a cost effective way. There is no need for the City to rush into opting out of this law. She would like the City give it a try. Then if the City is burdened with difficulties over this law then investigate opting out of it. She hardly doubts that the City is going to be inundated with lots of people asking to house an ailing family member in their back yard. Those few that want to and are able to do so, why not let them. John Louiselle, founding member of Next Door Housing, provided additional information and said there is no reason to opt -out. A city can opt -out any time. Ms. Bodmer recommended the Commissioners follow the typical procedure to not take action on an item the same night as a public hearing if there are questions. Commissioner Scanlan inquired if the City opts out is there a way that the City can make adjustments to codes later to offer something like this on a limited bases but not under the specific structures of the law that was presented. Attorney Sharon Hills answered yes. She said the law mandates the City to allow them under the specifics of the law. But if we opt -out it does not mean that we are prohibiting them. She added that the Building Official had concerns with the water supply by a hose and electrical is by electric extension cords, which are contrary to the current building codes. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 6, 2016 Page 4 of 13 Commissioner Burke asked, in addition to septic removal, what kind of access there might be to these units and considering the terrain of Apple Valley where there are not that many flat surfaces, would residents be asking for setback variances to put these structures up. Ms. Bodmer answered that the law has a provision that as part of the permitting that people need to provide evidence that they signed up for pumping service for the septic. As far as setbacks, it will not be a solution for every family and in cases where there is difficult topography and variances are requested, the City would have to evaluate that. Chair Melander closed the public hearing at 7:26 p.m. B. Planned Development No. 703/Zone 6 Ordinance Amendment - Public hearing to consider amending the maximum number of assisted living units allowed within a continuum of care facility in Planned Development No. 703/zone 6 from its current 15% to 30% of the total number of units. (PC16-24-Z) LOCATION: Planned Development No. 703/zone 6 PETITIONER: PHS Apple Valley Senior Housing, Inc. and South Shore Development, Inc. Chair Melander opened the public hearing at 7:27 p.m. City Planner Tom Lovelace stated the applicant has submitted a request for a proposed continuum of care facility on a 12.3 -acre site located in the Cobblestone Lake development. The project proposes the construction of a 195 -unit building that will have 115 assisted living, 58 assisted living, 20 memory care units and two (2) guest suites. The proposed project will contain twice the percentage of assisted living units currently allowed by the planned development ordinance. Therefore, an amendment to the current planned development ordinance requirements in zone 6 is needed to bring the project into conformance. On November 25, 2008, the City Council approved the Cobblestone Lake Senior Complex, a 214 - unit continuum of care facility that would have 152 independent living units, and 32 assisted living units and 30 memory care units. The City Council also directed staff to prepare amendments to the Planned Development No. 703 to include the following: • Define a continuum of care facility. • Add a senior continuum of care facility as a permitted use. • Amend minimum parking requirements for a senior continuum of care facility. • Increase unit per acre density requirement. • Increase minimum building height. • Amend minimum landscaping requirements. Staff prepared the amendments as directed and presented them to the City Council who approved them on March 26, 2009. The amendments included a breakdown, by percentage, of the number of assisted and memory care units that could be included in a continuum of care facility, which reflected the 2008 proposal. In review of that proposal, staff did not find any compelling reason for establishing the percentages. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 6, 2016 Page 5 of 13 It appears that they reflected the project mix and the assurance that a continuum of care facility would not be dominated by assisted and memory care units. The 58 assisted living and 20 memory care units will represent 40% of the total number of units, which is 11% more than what was approved in 2008. Staff has not found any statistical information on what is a preferred unit type balance within a continuum of care facility. One could conclude that the unit mix is likely based on market conditions and the ability of the owner/operator to provide the necessary services. A higher percentage of assisted living units would not likely have an adverse impact on public services. It would also allow opportunities for more people to age in place and transition from an independent living unit to an assisted living unit. Commissioner Diekmann asked if the neighboring cities do not have percentage why does Apple Valley. Mr. Lovelace answered that in 2008 the project had a commercial component to it and the possibly the City did not want to get overburdened with too many units in the intensive care or assisted living. He said he was not able to find anything in prior discussions with the Planning Commission or City Council as to why it was established. In 2008 it just memorialized what was being constructed out there. Commissioner Diekmann commented that assisted care might have one staff person while independent care can have services provided. Memory care and full nursing home has more staff. Chair Melander commented to let the mix seek its own equilibrium. Kim Behrens, Kaas Wilson Architects, clarified that assisted or independent living is mixed in a facility. They do not ask people to leave a unit to receive needed services. Residents just "age in place". She recommended no cap on assisted living numbers. Mr. Lovelace said that Apple Villa has 208 units and they do not distinguish between independent living and assisted living. You can sign up for the level of assistance you want in that facility. He said it depends on how you set up your venue for the type of service you would like to have. Commissioner Scanlan asked if PHS at their facility was setting up for space flexibly or will those numbers move back and forth based on demand or are you looking for the set number of independent living apartments and set number of assisting living apartments and that would not flex back and forth based on demand. John Mehrkens, Presbyterian Homes and Services, stated he had never encountered an ordinance that had a specific percentage or a limitation in any way based upon the care level. He added it could be hard to manage. He said they cannot tell people they cannot have services in their independent home setting and that same occurrence could happen in their independent setting. The care and individual receives is really up to the individual. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 6, 2016 Page 6 of 13 Loni Davis, 15778 Cobblestone Lake Pkwy, commented she does not see a reason for percentages. Commissioner Scanlan inquired if this was specifically for the Cobblestone project. Mr. Lovelace answered yes and that it is applicable to PD -703. Commissioner Scanlan asked if outside of the Cobblestone area, how are other facilities affected and if there were percentages. Mr. Lovelace answered that he was not aware of other facilities having percentages. Commissioner Diekmann asked if the current senior housing development in Cobblestone Lake could increase the care as they go so that one across the street does not have percentages either. Mr. Lovelace replied that the current senior building in Cobblestone Lake is owned by Dakota County CDA and is independent living only. They are not classified as providing continuum care. They do not have a memory service wing. There might be an independent group that comes in and provides services. They are a senior apartment building that is independent living. Chair Melander stated that there are a number of home healthcare around that do provide services. Commissioner Diekmann proposed to remove the percentages if the Commission was comfortable with that. Attorney Hills commented that when this was drafted as an ordinance the idea was to keep it a mixed use of residents and full nursing home. When removing the limit they could put in an entire nursing home even when you would rather have a mixed use of resident apartments versus commercial. Commissioner Alwin asked Attorney Hills if the Commission should be concerned about imposing a limit on just the nursing home component versus the limit on the assisted living. Attorney Hills answered that the reason it is being requested from 15% to 30% on the assisted is because the proposal in the next item before the Planning Commission is at 30%. Mr. Lovelace clarified that is what is being proposed but the Planning Commission can make a recommendation to modify. Attorney Hills said absolutely. The Planning Commission can make any recommendation they deem appropriate. They may delete a restriction. Rachel Haas, 15700 Cobblestone Lake Pkwy, asked if percentages goes unrestricted does that mean that commercial use exceeds the original split than it was supposed to when the project was first laid out in terms of development. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 6, 2016 Page 7 of 13 Attorney Hills answered that it is still mixed-use because you have your independent living which are the apartments for rent versus the commercial component of nursing home care and memory care. Ms. Haas asked if you are saying that it could be either/or and they are not really limited, they could make it all nursing care, would it exceed the original planned development. Attorney Hills clarified that the Commission was saying to leave the 15% comprehensive, intensive or full care living. John Mehrkens, Presbyterian Homes and Services, added for clarification that as it relates to skilled care, which is a licensed nursing home, it is very unlikely that a building with a housing setting be converted to full skilled nursing home. It would be very costly. The state building codes are different. It has different requirements. As it relates to assisted living, assisted living are apartments and are residential dwellings. They do not typically see them treated or considered a commercial use even though the staff within the assisted living may be providing services to residents. Residents can receive services from their staff or from another agency. It is totally up to the resident to choose whom they want to receive service from. Chair Melander closed the public hearing at 7:49 p.m. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, recommending amending Planned Development No. 703/zone 6 by removing the maximum number of assisted living units allowed with a continuum of care facility. Ayes -6 -Nays -O. 6. LAND USE/ACTION ITEMS A. PHS Cobblestone Lake Senior Housing Development — Consider Comprehensive Plan Amendment, rezoning, replat of existing outlots and site plan/building permit authorization to allow for the construction 195 -unit continuum of care facility. (PC16-14-PZSB) LOCATION: Intersection of 157th Street West and Cobblestone Lake Parkway PETITIONER: Tradition Development and Presbyterian Homes and Services City Planner Tom Lovelace stated the applicant originally proposed a 175 -unit continuum of care complex on 12.28 acres that consisted of 99 independent living, 56 assisted living and 20 memory care units. The applicant has revised their plans and is now proposing a 195 -unit building with 115 independent living, 58 assisted living, 20 memory care units and two (2) guest suites. The site is located along the east side of Cobblestone Lake Parkway, south of Embry Path and north of Elmhurst Lane. The site is currently made up of three outlots that have a variety of Comprehensive Plan land use and zoning designations. A public park easement currently exists over and across Outlot G. A determination that the proposed relocation of park from its current location is consistent with the City's Comprehensive CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 6, 2016 Page 8 of 13 Plan will be necessary and vacation of the easement over this property will need to occur. The site plan identifies future expansion that will include an additional 64 independent living units and an 80 -bed skilled nursing facility, which will need future City review and consideration. The proposed project will contain more assisted living units than currently allowed by the planned development ordinance. An amendment to the current planned development ordinance requirements in zone 6 will be needed to bring the project into conformance. The site has been mass graded and public utilities have been extended to serve the site. Grading of site will be needed to prepare it for development. Infiltration basins will be located to the east of the property. The site shall meet all applicable infiltration requirements. Discussion followed. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval of adoption of a finding that exchanging that portion of Outlot G, Cobblestone Lake Commercial 3rd Addition currently held by the City for park purposes in return for a portion of Outlot E, Cobblestone Lake Commercial 3rd Addition, as shown on Exhibit 1, to be received and held by the City for park purposes, complies with the City's Comprehensive Guide Plan. Ayes - 5 - Nays — 1 (Scanlan). MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval of the rezoning of Lot 1, Block 1, PRESBYTERIAN HOMES AT COBBLESTONE LAKE from Planned Development No. 703/zone 7 and 8 to Planned Development No.703/zone 6. Ayes - 5 - Nays — 1 (Scanlan). MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval of the rezoning of Outlot A, PRESBYTERIAN HOMES AT COBBLESTONE LAKE from Planned Development No. 703/zone 8 to Planned Development No. 703/zone 7. Ayes - 5 - Nays — 1 (Scanlan). MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval of the PRESBYTERIAN HOMES AT COBBLESTONE LAKE preliminary plat. Ayes - 5 - Nays — 1 (Scanlan). MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval of the site plan review/building permit authorization to allow for construction of a 195 -unit continuum of care facility of Lot 1, Block 1, PRESBYTERIAN HOMES AT COBBLESTONE LAKE, subject to the following conditions: a. The site plan/floor plan layout for the designated assisted living units shall be revised to reduce the number of units for compliance with the maximum allowed number of units under the Planned Development zoning regulations, unless the CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 6,2016 Page 9 of 13 zoning regulations are amended to permit the number of units as proposed by the applicant. b. Construction shall occur in conformance with the site plan dated June 8, 2016. c. Construction shall occur in conformance with the landscape plan dated June 8, 2016, subject to submission of a detailed landscape planting price list for verification of the City's 2 1/2% landscaping requirement at the time of building permit application. d. A landscaped berm with a minimum elevation of 936 shall be constructed between the south private drive and the east property line. e. Construction shall occur in conformance with the elevation plan dated June 8, 2016, subject an exterior finish consisting of at least 50% non-combustible, non- degradable and maintenance -free construction materials such as face brick or natural stone with the remainder consisting of a combination of cedar, redwood, and high quality cementitious fiberboard, sometimes referred to as "Nardi Plank/Panel" . f. The canopy at the main entrance shall have a minimum clear height of 13.5 feet. g. Site grading shall occur in conformance with a final grading plan to be submitted for review and approval by the City Engineer. h. Infiltration areas shall be constructed in conformance with the City standards. i. Any site lighting shall consist of downcast, shoebox lighting fixtures or wall packs with deflector shields, which confines the light to the property. Ayes - 5 - Nays — 1 (Scanlan). Commissioner Scanlan commented regarding his votes tonight. He conveyed his specific concerns that he presented tonight. He said: "I do not feel this falls in line with the Cobblestone Lake community as staff outlined in the report that there are a number of things that would easily align within a spreadsheet in terms that this proposal did meet. However, what the spreadsheet items do not take into account is the significant long-term impact that the project of this size will have on an already established Cobblestone Lake community quality of life. The project does not take into account the established elements that define the character, heritage and identity of the Cobblestone Lake community. Over the six years that I have been in this position, I guess one thing I have learned is that compromise is an important component as we move forward on these projects and when we saw the initial sketch plan back in April, I did not like the idea of the park move but I also understood that this would be a good project moving forward that it helps balance the community. I saw that there was something to work with. But what I struggled with moving forward with the project, was that instead of the project maintaining what we looked at originally in the sketch plan is that it continued to expand in size and mass. And even at the objection of the Planning Commission that concern has not seemed to have been taken note of. So with that said in closing, I think that the Mayor does ask the question of the members of the City Council, as I think they normally do, is this the best possible design for this project, is that I do not feel, as though in my opinion that it does meet the requirements of that Cobblestone Lake was founded on. That's where my objections to the proposal are, not to the idea of adding a continuum care facility but I think it is the idea of the massing of the structure that is not fitting or does not take into account existing homes that are in the community. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 6, 2016 Page 10 of 13 People in the audience said they have not been heard. Chair Melander addressed the people in the audience. He said "You have been heard twice. There was a public hearing and it was continued. We have had opportunities for public input. We have received all those comments. This is what we are charged to do. We are also charged to follow the law and the law says this, if we saw the requirements, we do not have the option to say we do not like it. If it meets the requirements, we have to say yes, if we are going to be bound by the law and we swore an oath to do that. You may not be happy with it but that is the way the rules are written and we have to follow the rules. We have been analyzing and looking at the project and taking comments and creating computer views. We are done with it now. We Voted. Take it up with the City Council. This is how the process plays out." B. Delegard Apple Villa Apartments — 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 Planner Kathy Bodmer stated that before the Commission this evening is 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. 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 currently 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. She reviewed what the development is currently guided in the Comprehensive Plan and currently zoned. The petitioners request a rezoning of the property from M -7C (Multiple family, 12 to 20 units/acre) to "PD" (Planned Development) to provide flexibility in three areas of the M -7C zoning district requirements: to increase the number of primary buildings per lot from one to four, to reduce the parking lot setback from Whitney Drive from 20' to 15' and to reduce the required CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 6, 2016 Page 11 of 13 number of garage parking stalls from 1.0 garage stalls/unit to 0.5 garage stalls/unit. All other provisions of the M -7C zoning district are met. In order to rezone a property with an area of less than five acres to PD, the petitioner must provide a written statement indicating how the proposed rezoning to PD will benefit the public interest. The petitioner states that this project will benefit the public in two key ways: first, the project will improve the curb appeal of the 40 -year old site by replacing the garages with a new three story apartment building and by updating the appearance of the existing buildings by painting the trim, fascia and decks, and repairing and maintaining the brick exteriors. New landscaping, site lighting and sidewalks will be installed which will further improve the existing site. The second public benefit cited is that the owners will install and maintain a significant stormwater infiltration system on the site where none exists today. Going above the minimum requirement of providing infiltration for only the new impervious surface area will help to reduce the volume of stormwater and increase water quality discharging to Keller Lake. Below grade infiltration is a large cost to the owners and hidden from view, but an important benefit to the City of Apple Valley and the Keller Lake community. The lighting plans were revised to address any lighting concerns, but now the plan creates a couple of dark spots along the south sidewalk. One more slight adjustment is needed to the plan to provide safe use of the sidewalk at the south property line. Discussion followed. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending approval of a Comprehensive Plan Amendment from "MD" (Medium Density Residential at 6 to 12 units/acre) to "HD" (High Density residential at 12+ units/acre). Ayes - 6 - Nays - 0. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending approval of a Rezoning from "M -7C" (Multiple family residential, 12 to 20 units/acre) to "PD" (Planned Development), conditioned upon the following: a. Approval of the rezoning is subject to approval of the Comprehensive Plan Amendment, a rezoning to Planned Development and execution of a Planned Development Agreement. b. Park dedication shall be a cash -in -lieu of land dedication based upon the number of new apartment units added to the site. c. The applicant shall renovate and update the exterior of the three existing apartment buildings to include painting the trim, fascia, and deck railings to match the color of the new apartment building; wash and repair the brick siding; and replace the roofs; the update shall be completed within 180 days of the effective date for the rezoning. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 6, 2016 Page 12 of 13 d. A final plat shall be approved and recorded with the Dakota County Recorder in accordance with the requirements of the City Subdivision Code (Chapter 153) prior to issuance of the building permit. e. Drainage and utility easements shall be dedicated on final plat for all public service lines in accordance with the City Engineer's memo of June 10, 2016. f. An Infiltration Structure Construction and Maintenance shall be executed in connection with the Development Agreement. g. An access restriction easement shall be dedicated at the time of execution of the development agreement that limits the number of driveways on Whitney Drive to two. Ayes -6 -Nays -0. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending approval of the Site Plan Review/Building Permit Authorization for construction of a new 28 -unit apartment building, in compliance with all City Codes subject to approval of the comprehensive plan amendment, rezoning, execution of a planned development agreement, and the following conditions: a. A staging plan shall be submitted at the time of application of the building permit that indicates where the material storage, contractor parking, and existing resident circulation within the site will occur during the construction project. The Staging Plan is subject to review and approval by the City Engineer. b. The owner shall submit a nursery bid list at the time of application of the building permit that confirms the value of the landscape plantings meet or exceed 21/2% of the value of construction of the building based on Means Construction Data. c. The landscape plan shall be revised by replacing the black hills spruce along the west property line with coniferous plantings that provide full screening between the apartment site and the residential properties to the west but will not interfere with overhead power wires. The landscape plan is subject to review and approval by the City's Natural Resources Coordinator at time of application of the building permit. d. Construction activities, including site work, tree removal and construction, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 5:30 p.m. on Saturdays. e. The lighting plan shall be revised to provide adequate light levels along the sidewalk on the south side of the site without exceeding 0.5 foot candles at the south property line. The lighting plan is subject to review and approval by the Planner. f. The exterior of the existing three apartment buildings shall be renovated to match the appearance of the new apartment building, including, at a minimum, painting the trim, fascia, and deck railings to match the color of the new apartment building; wash and repair of the brick siding; and replacement of the roofs. The CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 6, 2016 Page 13 of 13 update of the existing buildings shall be completed prior to issuance of the certificate of occupancy for the new apartment building. g. Pedestrian ways shall be painted in the parking lot to provide clearly delineated pedestrian circulation through the site. h. The final grading plan shall be reviewed and approved by City Engineer prior to issuance of the Natural Resources Management Permit (NRNP). i. The final stormwater management plan shall be reviewed and approved by City Engineer prior to issuance of the building permit. j. A final plat shall be approved and recorded with the Dakota County Recorder in accordance with the requirements of the City Subdivision Code (Chapter 153) prior to issuance of the building permit. k. Drainage and utility easements shall be dedicated on final plat for all public service lines in accordance with the City Engineer's memo of June 10, 2016. Ayes -6 -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 on July 20, 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 Alwin moved, seconded by Commissioner Scanlan to adjourn the meeting at 8:51 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, Jot r; Murphy, Planning epart F ` t Assistant Approved y th . Apple Valley Planning Commission on Tim Bur e, Vice -Chair