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HomeMy WebLinkAbout04/01/2009CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES APRIL 1, 2009 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Churchill at 7:00 p.m. Members Present: Jeannine Churchill, Tom Melander, David Schindler, Frank Blundetto, Tim Burke, Ken Alwin and Keith Diekmann Members Absent: None Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, City Attorney Sharon Hills, Assistant City Engineer Dauid Bennett and Deparhnent Assistant Barbara Wolff 2. APPROVAL OF AGENDA Chair Churchill asked if there were any changes to the agenda. There being none, she called for approval of the agenda. MOTION: Commissioner Burke moved, seconded by Commissioner Blundetto, to approve the agenda. The motion carried 7-0. 3. APPROVAL OF MINUTES OF MARCH 18, 2009 Chair Churchill asked if there were any changes to the minutes. There being none, she called for approval of the minutes. MOTION: Commissioner Burke moved, seconded by Commissioner Blundetto, to recommend approval of the minutes of the March 18, 2009, meeting. The motion carried 6-0. Commissioner Diekmann abstained. 4. CONSENT ITEM --NONE-- 5. PUBLIC HEARING A. Loch Addition -Consider replat of an existing outlot into two single family lots. City Planner Tom Lovelace stated that the petitioner is requesting approval of a preliminary plat that will subdivide an existing outlot into two single family residential lots. The 5.91-acre outlot is located at the southwest corner of Diamond Path and Dominica Way West and is the current location of a S:\planning\PLANCOMM\2009 agenda & minutes\040109m.doc single family home. The existing outlot will be divided into two lots, with Lot 1 having a total land area of 2.35 acres and Lot 2 having 3.56 acres. Lot 2 will be the location of the existing dwelling unit. The site is guided "LD" (Low Density ResidentiaUO-6 units/per acre) and zoned "R-1" (Single Family ResidentiaU4Q000 sq. ft. min. lot area) and "SH" (Shoreland Overlay). The proposed subdivision is consistent with the Comprehensive Plan and zoning map designations. The preliminary plat identifies an existing drainage and utility easement, twenty (20) feet wide, over three existing public utility pipelines. This easement is recorded as a "paper easement" and will need to be shown on the final plat. A large pond/wetland is located on the site, which is part of the City's stormwater drainage system. The petitioner shall be required to dedicate a drainage and utility easement over the ponding/wetland area as part of any plat approval. The petitioner will. also need to establish a wetland buffer zone around the perimeter of the pond/wetland in accordance with requirements set forth in the natural resources management chapter of the city code. The petitioner will be required to provide the County with a quit claim deed that will restrict access on to CSAH #33 with the exception for the existing driveway on Lot 2. This restriction will require that driveway access for Lot 1 will need to be from Dominica Way West. Placement of the proposed dwelling on Lot 1, as shown, and proposed driveway will require the removal of nineteen (19) significant trees, which the petitioner has already removed under the review of the City's Natural Resources Coordinator. The city code allows for the removal of up to 10% of the significant trees from a parcel without any required tree mitigation. The property is currently one parcel which had 326 significant trees prior to the removal of the nineteen (19) trees. The nineteen (19) removed trees account for 6% of the significant trees on the property. The petitioner will not be required to mitigate. Lovelace asked for any questions or comments from the Planning Commission. Commissioner Melander asked if a calculation of the dry land area was done. Lovelace responded that the ponding area is just under 2 acres. Commissioner Melander asked if the City would require sewer and water as part of the subdivision. Lovelace responded that the City would require sewer and water and it is already avai"table to the site. Commissioner Blundetto asked for clarification from Mr. Bennett that the reference was to sanitary not storm sewer lines. Assistant City Engineer David Bennett replied that it is sanitary sewer on the rear of the property S:\pianning\PLANCOMM\2009 agenda & minutes\040109mdoc Commissioner Blundetto asked Lovelace if the size of the lots that would be created is what the City needs them to be and there are no variances that would be needed or any issues. Lovelace responded that is correct. Chair Churchill asked for input from the petitioner. John and Ann Loch, 13411 Diamond Path West, stated that they moved to the City in 1973 and at that time were told to expect Diamond Path West to become four lanes within a couple of years. Mr. Loch stated that they've been good members of the community and want their son and granddaughters to move into their home and they want to build a home next to them to be near their children and grandchildren. Mr. Loch also stated that they would like to build this summer so that they may be in by winter time. He asked for any questions that the Planning Commission has. Commissioner Blundetto commented that he also lives on Farquar Lake and the Lochs have been good neighbors and he will support this request. The Lochs discussed their frustration with the easement. Chair Churchill hearing no comments from the public or further comments from. the Commission, closed the public hearing. It is the policy of the Planning Commission not to act on an item on the same night as its public hearing. This item will continue to appear on fixture Planning Commission agendas until a recommendation on the petition can be forwarded to the City Council. 6. LAND USE/ACTION ITEMS --NONE-- OTHER BUSINESS A. Presentation of Transit Oriented Land Use Planning and Development Study by Dan Cornejo; requesting acceptance of report and forwarding to the City Council. Community Development Director Bmce Nordquist introduced the next speaker, Dan Corenjo, to the Planning Commission. Nordquist explained that Mr. Comejo has spent a lot of time studying the Cedar Avenue corridor and the future land uses. Portions of Mr. Cornejo's study have been added to the Draft 2030 Comprehensive Plan because of the significance of his findings and the evolution of Bus Rapid Transit (BRT) being added to the Cedar Corridor. Dan Comejo stepped forward and explained that he is there on behalf of Cornejo Consulting and LHB Corporation. Michael Schroeder from LHB was his partner on this project and together with staff and the community they examined how Apple Valley can most benefit from this new transit opportunity. His team looked at both the challenges and the opporhxnities. The study charts a path, although it is not a blueprint. There are drawing and maps within the study and these are to be treated as concepts. S'\planning\PLANWMM\2009 agenda & minutes\040109m.doc Mr. Comejo presented a Powerpoint presentation to the Planning Commission that contained the following information: Presentation Outline 1. What is Transit-Oriented Development (TOD)? 2. Leveraging TOD to Achieve Apple Valley's Goals 3. Marketplace for TOD 4. Key Ingredients for TOD 5. Recommended Future TOD Land Use and Development Patterns 6. Urban Design Guidelines 7. Implementation What is Transit-Oriented Develo ment? • _TOD is a compact mix of complementary uses in a walkable environment adjacent to and supportive of transit stops and stations. • TOD makes more efficient use of land and public infrastructure. ^ TOD public infrastructure is designed to create landscaped public spaces. • TOD buildings have entrances facing streets and easy, attractive connections to transit. Levera>;in;; TOD to Achieve Apple Valley's Goals The Apple Valley 2030 Comprehensive Plan puts forward the strategy: Unify and redevelop in the Downtown area, using Cedar Avenue and County Road 42 and transit system improvements as a trigger. The 2030 Comprehensive Plan concluded that TOD offers many benefits to the City: 1. Improve mobility and transportation choices. 2. Maximize transit ridership. 3. Fixed transitway can increase property values, facilitating redevelopment of underutilized sites and infill of vacant sites. 4. TOD offers higher-density housing, more sustainable for less car-dependent lifestyles. 5. TOD offers more affordable housing choices. 6. High density transit corridor provides connection to regional labor force and excellent corporate business sites in Apple Valley. 7. More residents and workers to support Apple Valley's downtown retail shops: 8. Mix land uses and densities. Enhance healthy and active lifestyle. 9. Create destinations, and make great public gathering spaces. Marketplace for TOD Interviews: Property Owners, Developers ^ Office/Industrial Study Market Study by McComb Group Ltd. • Conclusions: 1) Phased, evolutionary change 2) Retention and expansion 3) Redevelopment and infill 4) Clear, flexible regulations 5) Public infrastructure re-formatting S:\planning\PLANCOMM\2009 agenda & minutes\040109m.doc Key In¢redients for Successful TOD 1. A rich mix of land uses 2. Development densities 3. Connectivity, circulation, and building orientation 4. Travel Demand Management (TDM) program 5. Capture the value of transit Recommended TOD Land Use and Development Patterns ^ TOD Transformation • Apple Valley's Three TOD Stages Stage One: BRT in eration Three BRT facilities: 140th, 147th, and 155th. • Key PUBLIC actions: Pedestrian and bicycle connections between station areas, downtown areas, and neighborhoods. ^ Key PRIVATE sector actions: Mixed-use redevelopment in the 155th Street station area. Stake Two: Echelon and Links • Key PUBLIC actions: Echelon interchange at Cedar Avenue and County Road 42; links over Cedar created at 147th and 153rd; "Main Street" streetscape developed in "Northwest Village." • Key PRIVATE sector actions: Mixed-use redevelopment encouraged in the "Northwest Village." Stage Three: Cedar Commons ^ Key PUBLIC actions: "Lid" created over Cedar Avenue, with large public green as the centerpiece of downtown; "Super tight" diamond at 153rd and 147th; New street created to link Commons to remainder of downtown. • Key PRIVATE sector actions: Mixed-use development along Cedar Commons. Urban Design Guidelines • Site Planning and Layout ^ Built Form (Architectural Standards) ^ Public Realm (Pedestrians, Bicyclists, and Street Design) ^ Vehicles and Parking • Design Features of Transit Stations and Stops Implementation Strategy for redesign and retrofit includes: Eariy Implementation Sequence of pubiic and private actions • Policy Development ^ Financial Incentives ^ Regulatory Changes Early Implementation Sequence Work with property owners to consolidate driveways; install internal sidewalks and landscaping to emphasize BRT connections; expand existing businesses. Encourage developers to do infill development. S:\planning\PLANCOMM\2009 agenda & minutes\040109m.doc • Develop new public plazas and tree-canopied walkways to transit stops. Policy Develonment ^ Develop and adopt sustainability and LEED certification goals for TOD. • Develop and adopt economic development strategies for each BRT station area. Financial Incentives • Property Acquisition Fund ^ Tax Increment Financing (T1F) • Bonds ^ Livable Communities Demonstration Account -Met Council • Joint Public-Private Development Re ug latory Chan es • Analyze impact of current zoning on potential densities. Set minimum allowable density standards. ^ Redesign regulatory review process to include MVTA and Dakota County. ^ Create TOD checklist. • Require maximum parking requirements. • Analyze parking supply and demand. ^ Consider innovative parking management strategies. • Examine creation of Transit Overlay District that is form-based zoning. Possible Zoning Transit Overlay District • Step 1: Desired land uses, urban design guidelines, parking requirements. ^ Step 2: Specific development goals for each BRT station area. (A copy of the Transit Oriented Land Use Planning and Development Evaluation is available for review at the Planning Department at City Hall). Mr. Cornejo asked for any questions or comments from the Planning Commission. Comrissioner Blundetto commented that he assumes a lid is the same as a tunnel and also asked Mr. Cornejo if he envisions the lid extending south of County Road 42 also. Mr. Cornejo said it does. The lid would allow Cedar Avenue to run underneath development that would remain on the surface. The tunnel would run for a significant length. The four quadrants would remain on the surface with the north south (Cedar Avenue) commuter traffic underneath. This will be an expensive improvement, although a freeway interchange is expensive also. This wiii aiiow most of downtown to remain on the surface and create community cohesion. Commissioner Blundetto said the design is clever and thanked Mr. Cornejo for his work on the project. Mr. Cornejo stated that the Lowry Tunnel is an example of a similar design. The proposed design for Apple Valley would have the surface area so it would be an example of accommodating both commuter traffic and creating a community area; it would serve as a model project for other cities. S:\planning\PLANCOMM\2009 agenda .& minutes\040109m.doc Commissioner Melander stated that this plan takes a lot of uncertainty out of the intersection of Cedar Avenue and County Road 42. It seems logical and organized. Mr. Comejo stated that the project is so large that it could be done in two parts; the echelon of Cedar Avenue can be the first step and the lid can be the second step. Commissioner Blundetto confirmed that it is the grade separation that occurs first and then it grows from there. Mr. Comejo replied that is correct. The proposal depresses Cedar Avenue, but if a lid is not put on, it would be like a freeway or a bridge. The second part would be the City creating the two land bridges afterwards. This would create a "zipper", where the City "zippers" it's downtown and community back together again. Commissioner Blundetto asked if there were examples of other cities going through this. Mr. Comejo said none that he knows of that are quite this dramatic and on flat land. Commissioner Schindler asked if the City was able to complete the first part but was unable to do the second part, what would the effects be. He also asked if it would still be viable and a strong way to handle this intersection. Mr. Comejo replied with a qualified yes. The City would still be farther ahead with this strategy. Coxnrnissioner Schindler said dropping down Cedar Avenue keeps the top part of our city. He stated that this is an attractive way to deal with the intersection. Mr. Comejo said the City wants it to be an attractive destination and this concept will help support transit. People will want to walk or bike to this area. There is no perfect solution, although this concept makes Apple Valley an amactive destination. There is a lot of traffic now and it's going to get worse. The investment of money is inevitable, so the finished solution should connect the four corners and support bus transit. Chair Churchill hearing no fiuther comments from the Commission thanked Mr. Comejo for a well thought out proposal. Chair Churchill asked for a motion to accept the study. MOTION: Commissioner Melander moved, seconded by Commissioner Blundetto, to accept the Transit-Oriented Land Use Planning and Development Evaluation and refer if to the City Council for similar consideration. The motion carved 7-0. B. U'5AGAIN Clothing Boxes -Discussion on whether to amend City Code to allow for the placement of clothing recycling boxes within the City. City Planner Tom Lovelace stated that Mr. Tom Thorne is requesting possible changes to the city's zoning code to allow for the placement of clothes recycling boxes in the city. Mr. Thorne would like to place one or two clothes recycling boxes, which would range in size from 3' x 3' x T to $' x 5' x 9', at the Wahnart store. He would install the boxes at the far end of the parking lot in a S:\planning\PLANCOMM\2009 agenda & minutes\040109m.dw location that would not have an adverse impact on the flow of traffic. He has indicated that donated clothes would be picked up by a 26-foot wide truck two times per week. He also-indicated that participating locations are given two cents per pound for the donated clothing, which in many cases donate the money to nonprofit organizations such as food shelves and animal shelters. Staff asked the City Attorney to review this request and they provided the following opinion. First, they determined that the box is neither a permitted, conditional, nor permitted accessory use. Secondly, the City does allow for outdoor display in the retail district as a conditional use if it is conducted by the occupant of the property. It is expected that the boxes would be placed by and owned by some other organization than the occupant of the property, therefore would not likely meet the requirements set forth in a conditional use permit for an outdoor display. The City does allow for portable storage units as a permissible accessory use if they are temporarily located for construction purposes on the property; however, it is clear that the City did not intend that all types of portable storage units for any other type of purpose would be a permitted accessory use. It is clear that the intent of the ordinance is to allow these temporary units out of necessity for construction activity on the property. Thirdly, Section 155.375 prohibits open storage of goods in or upon off-street parking areas in commercial districts. Mr. Thorne has proposed placing the boxes within the parking lot of the business, which this provision Code clearly prohibits. Lastly, even if the box was permitted, Section 155.348 (B) requires all exterior storage within any business district to be screened. This box is outdoor storage; it would have to be screened. Therefore, before any placement of a clothing box within the city, an amendment to the zoning code would be required. In discussing whether to amend the code, the Commission may want to consider the following: 1. By allowing these boxes, what precedent might be set? Would this provide opportunities for other donation/recycling containers that may not be considered appropriate? 2. Should the use be restricted to certain zoning districts? Mr. Thorne has indicated that he returns two cents of the money earned from a box to the property owner where the box is placed, who in turn donates the money to a nonprofit organization. We may want to consider allowing them only in the institutional zoning district where you would then have a direct fmancial tie to a nonprofit organization. 3. Should the City consider amending the code to allow for these as a permitted, conditional, or accessory use? 4. If allowed, what types of conditions should be placed on this use, such as location on a lot, maintenance, screening, signage, and removal? Mr. Thorne provided photos of locations where boxes are placed in surrounding communities. Staff contacted those communities and inquired how they handle this use. The responses vaned from not realizing that they were in their city or are not a concern, to looking into allowing them as a conditional use or issuing an administrative use permit. S:\planning~PLANCOMM~2009 agenda & minutes\040109mdoc g Lovelace asked for questions or comments from the Planning Commission. Commissioner Melander stated that he doesn't like the idea to rewrite or change the language in the City's zoning codes. There are already at least three different organizations that solicit donations and they will come to your home to pick it up and there also is a Goodwill in town. He stated that he is uncomfortable with it and it seems more trouble than the benefit. Chair Churchill commented that she is quite puzzled about this request for the same reasons that Commissioner Melander just stated. Although there must be some people who are interested in donating, otherwise there wouldn't be a business. Chair Churchill asked the petitioner to explain how his business is working for him. Mr. Tom Thorne, 13789 Fordham Court, stated that the Goodwill store in Hastings is right across the street from Wahnart. His company has a national contract with Wahnart, to have pernussion to locate their boxes, if the city allows it. His business does not compete with Goodwill because it is strictly a convenience; no waiting in lines. Every box located generates about 4501bs. per week. . Some locations have one box and some have. two and he picks up twice a week from the boxes. His route includes Rosemount, Lakeville; Hastings, Cannon Falls, Rochester and Red Wing and this generates about 20,000 lbs. a week of clothes that would otherwise go in a landfill. The clothes are recycled and most of it goes to third world countries. Mr. Thorne also stated that he would like to locate boxes at eight (8) different locations throughout the city. Each location would have one or two boxes. Walmart would have two because it is-such a busy location. A location with an example of one box, would be Andy's Market on 140t1i and Galaxie. Commissioner Blundetto said he would consider this request if it was controlled and the City was careful with the placement. He also has long-term concerns about these being placed all over the community. Commissioner Blundetto commented that he personally would not want to see one located at Andy's. Market. Commissioner Alwin asked Ms. Hills if this would set a precedent to allow other receptacles for aluminum cans, cardboard, etc. Assistant City Attorney Sharon Hills replied that the City would not be regulating. what is being put in the boxes, the City would be regulating the container itself. So the issue is whether the City wants to permit a box for drop-off of anything. The City would not be able to regulate for-profit or non-profit. The City also cannot require that the business allowing the box to donate to the City. Commissioner Die'xrnann commented that the City wouid need to consider the traffic to and from the container. Also where the boxes would be located and how it needs to be controlled. If the boxes would take up parking space(s), then would the building still be in compliance with the parking requirements. Commissioner Diekmann stated that he isn't against the concept, although it does need to be controlled. Commissioner Blundetto commented that he has never seen these before and it must be something very new. S:\planning\PLANCOMM\2009 agenda & minutes\040109m.doc Chair Churchill stated that she hasn't noticed either. She also asked Hills if a church were to do this as a fundraiser on their property, benefiting the church, would the City be looking at the same issues. Hills replied yes; it would be the same issue of outside storage. An outdoor storage container can only be permitted during construction. This box equates to a storage unit. Chair Churchill commented that is probably one of the reasons the Goodwill store does not allow people to drop items off when the store isn't open. Hills replied that is correct. Commissioner Melander said that there is the potential for people to drop off whatever they want; bikes, couches, etc. He also commented that he doesn't see how it could be regulated efficiently. Mr. Thorne said that his agreement with the locations states that his company picks up whatever is dropped off irregardless of what it is. If the boxes were to be located in Apple Valley, Mr. Thorne stated that he would pick up every Monday and every Friday. The reason for this is that weekends are very busy. Every store manager has Mr. Thorne's cell number and encouraged to call if something is unsightly and needs to be picked up. There are 700 boxes throughout Minneapolis and St. Paul. Commissioner Burke asked if somebody serviced these boxes before Mr. Thorne. Mr. Thorne replied that someone else set up the boxes, although he took over the route. Commissioner Burke asked that at some time in the future will Mr. Thorne sell his route. Mr. Thorne replied no. Although the company will always have someone take over the route if that should happen. He assured the Commission that the areas around the boxes will not be a mess. Commissioner Blundetto asked Mr. Thorne what types of items he has found other than clothes. Mr. Thorne answered that there are lots of new clothes with the tags. still on, new tools,. although 99% of what people drop off is clothes. He stated that he is not against an annual fee permit for each box to ensure the boxes are regulated. Commissioner Burke said that he has seen them in other states while traveling. He is not against. the concept if the City regulates the boxes. Chair Churchill said she would like to keep items out of the landfills and is willing to look at a proposed modification to the City ordinance for further study. Commissioner Diekmann commented that it is odd that in a community that pays extra to not take trash cans to the curb because it is unsightly, that we would consider allowing these boxes. He stated he is not against it, although he's not sure it fits with all the other ordinances that the City has. 5:\planning\PLANCOMM\2009 agenda & minutes\040109mdoc 10 Commissioner Schindler commented that the City would need to have design standards. Chair Churchill said it bears further study. Community Development Director Bruce Nordquist stated that the Planning Department is staff to the Planning Commission and if there is interest it needs further exploration. Chair Churchill told Mr. Thorne that the Planning Commission is not rejecting the concept, although it will require further development. Commissioner Diekmann stated that perhaps the City could consider a two year interim use permit that needs to be renewed rather than a conditional use permit. Hills stated that the attorney's office and staff could construct an outline of pros and cons, limitations and issues and provide a detailed outline rather than a draft ordinance for the Planning Commission to consider. Chair Churchill applauds the green approach and this is a reasonable request and it makes good sense. She thanked Mr. Thorne for his time. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Churchill asked for a motion to adjourn. MOTION: Commissioner Schindler moved, seconded by Commissioner Blundetto, to adjourn the. meeting at 8:52 p.m. The motion carried 7-0. S:\planning\PLANCOMM\2009 agenda & minutes\040109m.doc 11-