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HomeMy WebLinkAbout06/15/2016CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JUNE 15, 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 JUNE 1, 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 June 1, 2016. Ayes - 7 - Nays - 0. 4. CONSENT ITEMS - -NONE-- 5. PUBLIC HEARINGS - -NONE-- 6. LAND USE/ACTION ITEMS A. Pennock Center Parking Variance — Consider Variance and revised Site Plan to reduce the number of required parking spaces from 43 to 32 for a coffee shop and non-food retail space. (PC16-21-V) CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 15, 2016 Page 2 of 9 LOCATION: 7668 150th Street West PETITIONER: Java Capital Partners 7668 150th St., LLC Planner Kathy Bodmer stated that Java Capital Partners, 7668 150th St LLC received approvals for the Pennock Center development, on the southeast corner of Pennock Lane and CSAH 42 (7668 - 150th Street W.), on February 11, 2016. The project involves the demolition of the Liberty Tax building and construction of a new 5,400 sq. ft. building with a coffee shop, coffee drive-thru and non-food retail or small office. The plan approved in February required a shared parking agreement with one of the adjacent property owners; unfortunately, the parties have not been able to reach an agreement for shared parking. The petitioners are now requesting consideration of a variance to reduce the required number of parking spaces from 43 to 32 and a revised site plan and a revised site plan that will create additional parking on the site. The size of the building is the same as previously approved, but the building has been moved north on the site. Instead of two rows of parking north of the building, one aisle of parking is provided with a one-way drive aisle and the drive-thru queuing lane. Parking is added to the east and south sides of the site. The petitioners are able to increase the parking on the site from 29 spaces to 32 spaces. The drive-thru lane and window continue to be located on the southwest corner of the building. Stacking is available for nine vehicles in the drive-thru lane. The plans indicate that a trash room will be located in the building, so no outdoor dumpster enclosure is proposed. The shared access with Firestone is no longer shown leaving one access for the site. The front of the building will be relocated from the north to the south side of the building. An elevation drawing was not available in time for inclusion in the staff report. Staff is concerned that the north elevation will need to be designed to not appear to be a "back of building." The City Code requires the exterior design of all four sides of a building to be equally attractive. An elevation drawing will be presented the night of the Planning Commission meeting. A parking variance is requested to reduce the number of required parking spaces from 43 to 32. A parking study was conducted which confirms that a coffee shop with drive-thru and non-food retail requires only 29 to 33 spaces. Thirty-two spaces are available on the site. The two uses are expected to have peak activity at different times, so staff is comfortable that 32 parking spaces are sufficient on the site. Mark Krogh, Java Companies, provided additional information. Discussion followed. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending approval of a variance to reduce the number of required parking spaces from 43 to 32 spaces for a Class III restaurant with 50 indoor seats and 22 outdoor seats and 3,100 sq. ft. non-food retail or office use based upon the finding that a parking study confirmed that the approved uses will need 29 to 33 parking spaces. Ayes -7 -Nays -0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 15, 2016 Page 3 of 9 MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending approval of a revised site plan for 5,400 sq. ft. building containing a Class III restaurant with drive-thru lane and non-food retail or small office, subject to compliance with all City Codes and the following conditions: a. A nursery bid list shall be submitted at 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. b. The owner shall execute a License to Encroach Agreement with the City to construct four parking stalls and the drive aisle within the City easement. c. The owner shall execute a maintenance agreement for the long-term maintenance of the retention area. d. No sign approvals are given at this time. A separate sign permit must be obtained prior to the installation of any signs on the site. The signs shown on the site plan do not meet the sign requirements and must be revised at the time of application of the building permit. e. The building elevations shall be reviewed and approved by the City Council. f. The petitioner shall submit an auto turn drawing that confirms that fire vehicles can safely circulate around the site when there are parked vehicles and vehicles in the drive- thru lane. g. Plans shall be revised at time of application of the building permit to address the City Engineer's memo of June 10, 2016. Ayes -7 -Nays -0. 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. (PC 16-18-PZB) LOCATION: 7800 Whitney Drive PETITIONER: Delegard Apple Villa Properties LLC Planner Kathy Bodmer said the 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 reviewed the public hearing comments and responses from a previous meeting. She stated 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 CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 15, 2016 Page 4 of 9 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. 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. 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 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 20to 15. The third area of relief the petitioner seeks through the PD zone is the number of garage parking spaces required on the site. The zoning code requires a ratio of one garage space per unit. Today the number of parking spaces provided on the site is 0.5 spaces per unit. The plans show that the new apartment building would have underground garage parking stalls which would be provided at a rate of one space per unit. In total, 40 garage spaces would be available on site, 28 underground and 12 in the detached garage. The proposed ratio would be 0.52 garage spaces per unit which is similar to what is provided today. The petitioners indicate that demand for the detached garage parking spaces is low and that the residents prefer to park on the surface parking lot. It should be noted that the surface parking spaces meet the code requirement of 1.5 surface spaces/unit. The petitioners state that demand for parking is expected to be lower because the site is within 1/4 -mile of the 155th Street AVTS METRO Red Line station stop. She said the petitioner must submit a written statement of "Public Benefit" indicating how the rezoning of the property to planned development benefits the public interest. She said there are still outstanding issues with the stormwater drainage and the City Engineer would be working with the applicant. She requested that no action be taken this evening. Discussion followed. MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan to continue this item to the Special Planning Commission meeting on July 6, 2016. Ayes - 7 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 15, 2016. Page 5 of 9 C. 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 said the consideration is for the following: 1. Rezoning of Lot 1, Block 1, PRESBYTERIAN HOMES AT COBBLESTONE LAKE, to Planned Development No. 703/zone 6 and Outlot A, PRESBYTERIAN HOMES AT COBBLESTONE LAKE to Planned Development No. 703/zone 7. 2. Subdivision of 16.03 acres into one (1) lot and one (1) outlot. 3. Site plan review/building permit authorization to allow for the construction of a 195 -unit continuum of care facility on a 12.28 -acre lot. 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 assisted 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. The applicant is proposing to replat the existing outlots into one (1) lot and one (1) outlot. The proposed lot will be the location of a continuum of care facility and the outlot will be dedicated as public park. Approval of amendments to the City's 2030 Comprehensive Plan Land Use Map, rezoning of the property and site plan review/building permit authorization are other entitlements needed for this project. The proposed Comprehensive Plan amendments were submitted to the Metropolitan Council for their review and approval. The City received a letter from the Council, dated May 25, 2016, approving the amendments as proposed. A public park easement currently exists over and across Outlot G. A determination that the proposed relocation of the park from its current location is consistent with the City's Comprehensive 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 applicant is proposing to rezoned Lot 1, Block 1, PRESBYTERIAN HOMES AT COBBLESTONE LAKE to a subzone that would allow for the proposed continuum of care facility, The applicant could rezone the lot to zone 6, which currently allows for a continuum of care retirement community, subject to the following requirements: 1. If more than one structure is used for a continuum of care retirement community, all structures shall be located on a single parcel or lot under single ownership; 2. No more than 15% of the total units provided shall be for assisted living; CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 15, 2016 Page 6 of 9 3. No more than 15% of the total units provided shall be for comprehensive, intensive or full care living; and 4. The density of the total units shall not exceed 32 units per acre. The proposed project will contain twice the percentage of assisted living units 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. Mr. Lovelace reviewed parking spaces, grading of the site, public utilities and exterior finish of the proposed building. Chair Melander asked if the building proposed now is at or below requirements. Mr. Lovelace answered yes that it does meet all requirements. There will be a special meeting on July 6 to address the ordinance change request of 15% to 30% of memory care. This would an amendment to the planned development. John Mehrkens, Presbyterian Homes and Services, provided additional information. Jacob Fick, South Shore Development, provided a history of the Cobblestone Lake Development from when it started in 2000. Discussion followed. Concerns were raised as to materials, lighting, landscape plantings, massing of the building, sidewalk connections, front entrance design, and change in site plan design. Comment was made as to the project changing every time it was brought back to the Planning Commission. Chair Melander stated he would hear public comments. Jon Falkowski, 15 841 Eastbend Way, said when he bought his home in 2007 he saw what the entrance to Cobblestone Lake would look like and there was to be a park as the first thing you saw. The west side is prime area for what was to be proposed. He did not think the artistic renderings in regard to the height of the building in perspective to the water tower or the Cobblestone Square building that is not inside of Cobblestone Lake Parkway, come close to showing how large 60 feet may look like. The rendering was not compared to the height of the homes. He feels there is suitable land to the southwest across Cobblestone Lake Parkway for a building site. He believes there had to be a major change in zoning and density to allow for this. He was concerned for the amount of the increased traffic for the servicing needs of the residents of Presbyterian Homes and the water runoff issue that they might have from that development. He said he feels Cobblestone Lake if more than a storm runoff pond. Sharon Schwartz, 15 863 Cobblestone Lake Parkway, said she was concerned about the parking arrangements around the home. She wondered if 110 surface parking spaces would be enough and does not want to see on -street parking used for this senior facility because they do have people from outside of this area who come to shop and walk around the lake. She does not want to have to deal CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 15, 2016 Page 7 of 9 with constant on -street parking. She questioned what the accommodations would be for the employee parking too. She asked if the parking from the senior home would flow over to the park area. She expressed concern for the deliveries to the senior facility and if there would be screening so they would not have to see the trucks. She did not understand why the width of the sidewalks needed to be made smaller. She asked if deliveries would be coming off Pilot Knob Road or coming through the residential areas. She agreed with the previous speaker that the lake is the key to their development. James McGuirk, 15622 Eddington Way, thanked the Planning Commission Chair for choosing to accept additional public comments. He feels this has had a big impact on the community. He said it has gathered a lot of local discussions. His main concern regarding the mass of the building is that it is a single building from top to bottom versus the original zoning plan which had the lake park and parking lot in between the two parcels. He said from his perspective that is the biggest impact to have one large building at the end of the lake. He said that a visitor to the area would not even know there is a park. He feels that tucking the park behind the facility will degrade visitors. He expressed concern for the project having such a large expansion plan. He said if were proposed as one plan there would be twice as many people here this evening. He feels the petitioner doing this in a two stage plan is a smart move by the petitioner because there would be less pushback from the community. Some people who are less educated on the process would not even know how large it gets eventually. He fails to see why additional units needed to be added part way through the project's plan with extending those fingers closer toward the lake and making it 10% closer to the lake. It is just a very large facility. Tom Nelson, 15618 Eddington Way, thanked the Commission and appreciated their concern for the residents of that area. He commented that this is going to be the signature unit for Cobblestone Lake. All the housing is fine. This is what Cobblestone Lake will represent going forward. It is 400,000 + sq. ft. and not just some little unit. That consideration is very important to understand its total impact. He did not think that the renderings that were shown gave it justice. He asked that the funding and timing limitations not push and drive this decision. He noted that there had been so many changes in four weeks and why is it so critical that this get done for the July 14, 2016, City Council meeting. He asked that the timing not be the driving force and would like to see it played through. Mike Brown, 15729 Cobblestone Lake Parkway, thanked the Commission for giving them the time. He commented the essence of Cobblestone Lake is the view of Cobblestone Lake from all aspects including the entrance. The power this building would have in a negative way on the overall essence on the Cobblestone Lake Development. He said he for one would consider another location if this building were to go through in its proposed massiveness. Dan Cotroneo, 15857 Eastbend Way, read Presbyterian Homes' mission statement. He said they also have hearts. He thinks the building would look beautiful on the other side of the street. The land is there and it is available. They would support that. It would touch their hearts. Suzanne Nelson, 15925 Elmwood Way, wanted to talk about the soul of a community, not only at Cobblestone but also of Apple Valley. She said we have created a gem in our mists and we sit there CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 15, 2016 Page 8 of 9 every day or walk there every day and watch the people not only of Cobblestone but the whole Apple Valley community coming there for a respite, for a break, for a sense of nature, canoeing, fishing, ice fishing, walking. All of us in the neighborhood love our sunsets at the west end of the lake. To drop something in of this massive block formation is like dropping the Berlin Wall in at the end of a precious gem. It affects not only Cobblestone but all of the residents of this community who love to come to that lake and find an escape into nature and that lake. We do not oppose Presbyterian from coming in. It would be lovely to stay in the community but when the petitioner says the size of the building is what is, well the neighborhood and people of Apple Valley are already there. And we are what is. You are the new kid on the block and they need to respect and treasure our neighborhood as we do. Kim Ritter, 15 879 Eastbend Way, said that not all the email correspondence was provided to the Planning Commission and encouraged the Commissioners to acquire all the emails that were sent into the City so they could get a picture of how everybody views about what is going on. Community Development Director Bruce Nordquist informed Chair Melander that everything that had been received at City Hall had been given to the Commission. He wanted to be clear that all information had been provided. Gayle Woodbury, 15961 Elmwood Way, thanked the Commission for taking additional comments. She supports the previous comments. She shared that she has put on hold some improvements to her property and is very seriously considering leaving the lake should this go through because they feel it is going to significantly impact the value of their property as well as the enjoyment they get out of the neighborhood. She feels there are many that feel the same way. MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan to continue this item to the Special Planning Commission meeting on July 6, 2016. Ayes - 7 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan to schedule a Special Planning Commission meeting on July 6, 2016. Ayes - 7 - Nays - 0. 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that a Special Planning Commission meeting would take place on July 6, 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. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 15, 2016 Page 9 of 9 MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan to adjourn the meeting at 9:26 p.m. Ayes - 7 - Nays - 0. Respectfully Submitted, 10 ../ Joa urphy, Planning Dep Approved by th on 1 t:; rtment sistant Apple Valley Planning Commission 6'