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HomeMy WebLinkAbout04/15/2009CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES APRIL 15, 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, Ken Alwin, Keith Diekmann and David Schindler arrived at 7:01 p.m. Members Absent: Frank Blundetto and Tim Burke Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Associate City Planner Margaret Dykes, City Attorney Sharon Hills, Assistant City Engineer David Bennett and Department Assistant Barbara Wolff 2. APPROVAL OF AGENDA Chair Churchill asked if there were any changes to the agenda. City Planner Tom Lovelace stated that a revised agenda is provided with the addition of 7A, which is considering a public hearing date for the 2030 Comprehensive Plan update. Chair Churchill hearing rio other changes called for approval of the agenda. MOTION: Commissioner Melander moved, seconded by Commissioner Diekmann, to approve the agenda. The motion carried 4-0. 3. APPROVAL OF MINUTES OF APRIL 1, 2009 Chair Churchill asked if there were any changes to the minutes. There being none, she called for approval of the minutes. . MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, to recommend approval of the minutes of the April 1, 2009, meeting. The motion carried 5-0. 4. CONSENT ITEM --NONE-- 5. PUBLIC HEARING --NONE-- 6. LAND USE/ACTION ITEMS S:\planning\PLANCOMM\2009 agenda & minutes\041509mdoc A. Apple Valley Transit Stafion -Consideration of site plan building permit authorization to allow for construcfion of a 1,200 sq. ft. station with a skyway over Cedar Avenue. Associate City Planner Margaret Dykes stated that the petitioner is requesting site plan/building permit authorization to allow for construction of the southbound transit station and skyway over Cedar Avenue, located north and west of Cedar Avenue and 155' Street West. The site plan shows the construction of an approximately 1,200 sq. ft., two-story enclosed transit station and loading platform for Bus Rapid Transit (BRT) on the west side of Cedar Avenue in public Right-of--Way (ROW). The subject station and platform will connect to the recently approved Apple Valley Transit Station on the east side of Cedar Avenue via a proposed skyway. The station is approximately 22' from Cedar Avenue. The construction of the station and modifications to Cedar Avenue requires the acquisition of private property on the Whitney Plaza properties. The station and platform will be located east of Whitney Plaza in front of Midas Muffler, Batteries Plus, and the Transmission Doctor. About 4' of the Whitney Plaza pazking lot abutting Cedar Avenue will be removed for the relocation of a concrete trail. The plans also show the removal of seven (7) parking spaces and the restriping of 17 remaining parking spaces so that they are angled. There will still be a 24'-wide drive aisle, which should be sufficient, but the applicant should provide more clarification about traffic flow on the Whitney Plaza site. There will still be sufficient parking at Whitney Plaza. Because the station will be in front of Whitney Plaza, there has been discussion about modifying the existing pylon sign for the multi-tenant building and possibly increasing its size so that it is more visible to passing motorists. This is still under discussion. The skyway is located on the second level of the station and connects across Cedar Avenue to the station on the east side of the street. The skyway is 15' tall-and 150' long, and will be 20' above the Cedar Avenue roadbed. The construction of the skyway will require the closure of Cedar Avenue. The applicant states the. road will be closed completely from 153' Street West to 155a` Street West between 10 p.m. and 5 a.m. on two occasions, and there will be partial lane closures between 8:30 a.m. and 3:30 p.m. at other times..The applicant states sigris informing motorists about the closures will be posted at least two weeks before the closures occur. The lane closures and any work in the ROW requires the approval of Dakota County. A Natural Resources Management Plan must be reviewed and approved prior to any grading. All utilities aze available to the site, but the Assistant City Engineer believes the water and sanitary sewer lines could be modified so that the applicant does not have to bore under Cedaz Avenue; however, this is not required. The elevations show the southbound station is similar to the approved northbound station. The station will be 53' tail and constructed of glass and concrete. The skyway will consist of clear and frosted glass with decorative metal accents with integral lighting. Staffhas no issues with the design of the skyway or station. Dykes asked for questions or comments from the Planning Commission. S:\planning\PLANCOMM\2009 agenda & minutes\041509m.doc Commissioner Melander asked that although Whitney Plaza will be losing some parking spots, will they still meet minimum parking requirements for a retail center. He also asked if there is some expectation that those using the transit station may park in the retail area. Dykes replied yes, the minimum parking requirement will still be met. She also stated that there are over 700 parking spaces in the park and ride, possibly up to 1,000 spaces in the future. It is clearly marked that if a person is using transit; they need to park in the park and ride lot. There could possibly be some enforcement issues in regards to that. Chair Churchill hearing no further comments from the Planning Commission stated that this is not a public hearing; although there are some people from the community who have comments they would like to share. She said she would allow time for brief comments. Mark Stranick, owner of Midas, asked if the elevator is operated by hydraulic or cable. The reason he asks is that a hydraulic operated elevator could have the mechanisms underground so that the building could be shorter and not block so much of his business frontage. Dykes replied that this would be a question that the applicant can address. Mr. Stranick also asked if someone using the transit station does parkin their business lot, will the City come out and tow the vehicles. Dykes stated that it would be treated the same as any other private parking lot within the City. The City only tows if there is an issue on a public street. If there are issues, Minnesota Valley Transit Authority (MVTA) will work with the property owners to resolve those issues. Community Development Director Bruce Nordquist stated that the facility is owned by MVTA and they will be responsible for any issues that arise. The City does not have a relationship to the operations of this facility at all. Mr. Stranick stated that he has a concern about losing seven front parking lot spaces. Customers don't realize there is parking at the rear of the building. He also asked how many people the bus stop will hold. Dykes replied that is an issue the architect can address. Mr. Stranick said the platform is the length of two buses. He asked if there will ever be two buses there at the same time. He stated that if the platform was smaller, it would sane some of the parking spaces. Dykes stated that Beverly Miller of MVTA can address that question. Chair Churchill hearing no fiu~ther comments from the public, asked the applicant to step forward. Mike Monahan of SRF Consulting Group, stated that the elevator is hydraulic. The mechanical equipment is located overhead. The southbound station has been downsized from the original plan because there is much less activity level with passenger loads going southbound. The interior area has S:\plazming\I'LANCOMM\2009 agenda & minutes\041509m.doc a maximum waiting load of less than 20 people. People will disembark the bus and then move directly to the stairs or elevator and go up and across on the skyway. Chair Churchill asked Mr. Monahan if he had any additional comments to make. Mr. Monahan stated that the groundbreaking for the other side was the previous day. It was a wonderful turnout and construction will commence shortly and the station will be completed by the end of the year. It will be a very attractive building for Cedar Avenue. Mr. Monahan addressed the two comments that Ms. Dykes made earlier: MVTA will work with the Public Works Department on the detours and also, MVTA will be providing the fire hydrant within 150 ft. of the stand pipe hook- up that the Fire Marshal requested. Chair Churchill invited the applicant to approach the Planning Commission. Beverly Miller, Executive Duector with MVTA, stated that there have been ongoing discussions in regards to the parking throughout the application process. MVTA has joint parking at other locations and MVTA manages the parking at those locations. For example, at the Eagan transit station, there are areas for public parking and areas for public use by those businesses. Parking is enforced and MVTA does use signage and also notifies people. If there is a problem, MVTA does tow. MVTA does want to have a good relationship with the business community and recognizes that sometimes people don't always park in the correct spot, although this issue will be addressed. Ms. Miller stated that she doesn't think the parking will be much of an issue since people are mostly in a hurry on the way to work. This stop in question will largely be people coming from work. Dykes asked Ms. Miller if she could address the. concern of the Midas building owner in regards to why the building is the size it is. Ms. Miller stated that it was originally larger and has been reduced considerably, recognizing that the southbound station would not be as busy as the northbound station, which is three times larger. If the southbound station gof any smaller, she doesn't believe it would be functional. There are plans for future improvements with Cedar Avenue Bus Rapid Transit (BRT). MVTA wants to size the facility appropriately so that it doesn't need to be remedied at a later date. Most of these facilities are designed to last for 20 years, probably more. Chair Churchill asked Dykes if there was anything the City would consider for signage in the parking lot to direct traffic to the rear lot and that the parking is for business patronage only. Dykes said the City would certainly do that. If additional signage was needed to direct traffic, that would not be an issue. Chair Churchill said that she frequents this area and has never thought of parking in the rear. That is probably typical of most people. Dykes stated that the City will work with the applicant to post additional signage as needed. Commissioner Sc'nindler stated that his biggest concern would be the dropping off and picking up of people at this location. The City needs signage to spell out exactly what is expected of vehicles. S:\planni~g\PI..ANCOMM\2009 agenda & minutes\041509m.doc Mr. Stranick asked if there was any way the hydraulics in the elevator could be installed underneath the building so that more of the business frontage is visible. He also stated that his question in regards to the platform has not been addressed. He stated that if the platform could be reduced it could saue some of the parking spaces in the front. Mr. Monahan replied that the area above the elevator contains the mechanical and also the heat pump and various equipment needed to operate the building. The way the system and the skyway are set up, the equipment has to be put above the elevator. As far as reducing the open part of the platform, it is very clear, no glazing, so a person can see right through it. Mr. Monahan stated that he does not recommend any changes on the mechanical system at this time. Chair Churchill asked Dykes if she had any addifional comments at this time. Dykes replied that perhaps another condition to work with the private property owners to address the site parking. Chair Churchill asked Dykes to review the motions that have been recommended Dykes reviewed the condifions of the approval. Chair Churchill asked about the signage for the businesses and bringing that towards Cedar Avenue Dykes replied that since the design of Cedar Avenue is not.finalized, there are still some issues of where the sign can be placed. The City-will continue to work with the business owners. City Attorney Sharon Hills commented that it's difficult to include a condition for the applicant to deal with business signage since it still has to come into compliance with City sign regulations. She suggested not adding a condition upon the applicant but that the City continues to recognize that this is an issue that may need to be recognized in the future. The loss of visibility is a condemnation issue by the Metropolitan Council and/or Dakota County. It is not a City issue, although the City can make a commitment to look at that issue once everything is finalized in respect to the condemnation and obfaining the right-of--way, once the building is up. Chair Churchill said she wants to see this recognized as a concern, although it is not part of the motion. Commissioner Melander asked Hills that if the City addresses the concerns of the business signage in the future at this area, will this set a precedent. Hills replied that it will be addressed as a variance and treated as a hardship, so it would not be setting a precedent. Dykes added that Whitney Plaza is located in a Planned Development (PD) district, so it would be specific to that PD. Community Development Director Bruce Nordquist commented that the City is supporting the discussion with the property owner in regards to business signage. S:\planning\PLANCOMM~2009 agenda & minutes\041509m.dce Chair Churchill hearing no further comments asked for a motion. MOTION: Commissioner Melander moved, seconded by Commissioner Diekmann, to recommend approval of site plan building permit authorization for the Apple Valley Transit Staton -Southbound Station and skyway crossing Cedar Avenue, as shown on the plans submitted to the City on Apri13, 2009, subject to all applicable City codes and standazds, and the following conditions: a) No building permit shall be issued until the applicant has demonstrated that they have acquired all necessary private property, and no work shall commence until the applicant has obtained all necessary ROW permits from Dakota County. b) No work shall commence prior to the issuance of a Natural Resources Management Permit. c) The applicant shall nofify the City and post signs visible to motorists and pedestrians at least two weeks prior to any Cedar Avenue lane closures. d) Afire hydrant shall be installed within 150' of the building to address the concems of fire Fire Marshal as listed in his memo dated Apri18, 2009. e) The applicant shall submit the Cedar Avenue detour plan to the City for review and approval by the City's Public Works Director with input from the Fire Chief and Police Chief. f) Applicant shall work with the private properly owners of Whitney Plaza on parking and site signage. The motion carried 5-0. Chair Churchill commented this will go onto the City Council, hopefully with the Planning Commission's concerns regarding the issues of visibility being noted for future consideration and working with the property owners. Dykes replied that will be noted in the staffreport. B. Arndt Pool Variance - Consider a variance of 3% to the maximum 35% impervious surface requirement in the "R-3" zoning district to allow for an in- groundpool and deck. Associate City Planner Margaret Dykes stated that the petitioner is requesting a variance to increase the maximum impervious surface to allow for an in-ground pool and deck. The applicant's property, located at 13809 Fair Oak Lane, is 14,742 sq. ft, according to City and Dakota County information. The maximum impervious surface allowed by City code for properties located in the "R-3" zoning district is 35% or 5,160 sq. ft. According to information provided by the applicant, approximately 4,152 sq. ft. of the lot is currently impervious surface. This includes the house, gazage, driveway, all walkways and patios, a 3-season porch, and a sport court. The property owner has submitted plans for a pool that would be 18' x 40' and have an approximately 730 sq. ft. concrete deck that would surround the pool. This would mean the lot would have an impervious surface coverage of 38%. In discussions with the applicant, they have agreed to reduce the size of the pool to 18' x 36' (648 sq. ft.) and reduce the concrete deck to 588 sq. ft. The total impervious surface on the lot would then be 5,368 sq. ft., which is about 228 sq. ft. or 1.5% over the amount permitted by Code. These plans have not been submitted to the City and would be required before the City would issue any permit for the pool. S:\planning\PLANCOMM\2009 agenda & minutes\041509mdoc In 2004, the City revised the Code and limited the maximum impervious surface coverage for single family homes to 35% of total lot area. This was done because a Memorandum of Understanding signed by the City and the Vermillion River Watershed District placed restrictions on the amount of stormwater that can leave the City's boundaries. The City has the maximum coverage requirement so that stormwater will infiltrate on-site and not flow into the City's system. The City has reviewed other similar variance requests and determined that if there is an increase in impervious surface, there should be a corresponding increase in stormwater infiltration on the site. The state statutes and City Code require that in order to grant a variance, the City must determine the following: 1. Special conditions applying to the structures or land in quesfion are particular to such property, or immediately adjoining property. 2. The special conditions do not generally apply to other land or structures in the district. 3. The granting of the proposed variance will not be contrary to the intent of zoning ordinance. and comprehensive plan. 4. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. There is no demonstrable hardship related to the lot. However, the homeowner has made a significant investment in their home and would like to continue to enjoy their property. Staffbelieves there may be alternatives, such as further reducing the size of the pool and/or the deck. If, however, the Planning Commission is amenable to recommending approval of the variance, staffrecommends that the increase in impervious surface be offset by the construction of an infiltration area designed to accommodate the increase in stormwater runoff. The City Engineer has determined that the infiltration area should accommodate 10 cubic feet of runoff. This could be accomplished with a raingarden measuring 3' x 3' x 1' or some other suitable dimension. Attached is information about raingardens. The Natural Resources division has stated they will help the applicant with choosing plants for the area. Dykes asked for any comments or questions from the Planning Commission. Commissioner Diekmann asked if the applicant considered pervious concrete for the decking. Dykes replied that there was discussion on this, although it would still require an infiltration area. Commissioner Diekmann asked if the applicant retained the original size of an 18' x 40' pool, would the City consider a larger infiltration area. Dykes replied that the applicant could do this, although it would require a larger infiltration area. Staff was trying to keep it as close to the maximum of 35% impervious surface as possible. Commissioner Alwin asked if the pool size was reduced, wouldn't this problem go away. Dykes replied certainly if it was reduced enough, aithough the applicant would like to keep the pool at a size where it is still usable. The reason for the maximum impervious surface is because of the Memorandum of Understanding that the City has with Vermillion River Watershed District. Staff is S:\planning\PLANCOMM\2009 agenda & minutes\041509m.doc concerned about setting a precedent and that if there is an increase in impervious surface that there is also an increase in the infiltration area. Commissioner Melander commented that he is sure there are other homes in the City that have greater than 35% impervious that the City doesn't know about. There also is a lot of impervious surface over near 153'a and Galaxie Avenue. Dykes replied that there aze stormwater ponds over in that area sized to accommodate that. It was factored into the calculation with the architectural design. Commissioner Melander said that the raingazdens in the City have been working all right. He stated that he doesn't have an issue with it, either way; as long as the homeowner is willing to work with the City on the infiltration area. Chair Churchill hearing no further comments from the Commission asked the petitioner if they would like to add anything. John Arndt, 13809 Fair Oak Lane, thanked Ms. Dykes and the Planning Commission for considering the variance. He stated that he and his wife are in support of the recommendation from staff to reduce the size of the pool and are comfortable installing an infiltration area. Commissioner Diekmann asked Mr. Arndt if he was comfortable with the 4' reduction in the pool size. Mr. Arndt replied that their preference is to go with the original plan although they are agreeable to amending their plans. Chair Churchill asked about the infiltration area once the property changes ownership. City Attorney Shazon Hills recommended adding a condition of the variance and recording it against the property with the site plan to depict the infiltration area. Commissioner Diekmann asked if this plan would require a building permit. Dykes replied yes. Commissioner Diekmann asked if the recording would happen before or after the building permit is authorized. Hills stated that the condition could state that no construction shall commence on the proposed site plan and deck until the variance is recorded with Dakota County. Chair Churchill hearing no further comments called for a motion. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, to recommend approval of a variance to increase the amount of impervious surface from the maximum 35% to 38.0% for the property located at 13809 Fair Oak Lane, subject to all applicable City codes and standards, and the following conditions: S:\planning\PLANCOMM\2009 agenda & minutes\041509m.doc 1) No construction shall commence until a variance with site plan showing the size of the pool, deck and infiltration area is recorded with the Dakota County Recorder's Office. 2) The applicant shall adequately mitigate storm water runoff from this site to the satisfaction of the Natural Resources Coordinator and City Engineer. The motion carried 5-0. Dykes commented for the record that there is a site line issue with the fence on the southeast corner of the lot that is related to the building code and the new pool. This will need to be addressed by the applicant. C. .Loch Addition -Consider replat of an existing lot into two single family lots. City Planner Tom Lovelace stated that the petitioner is requesfing 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 comer of Diamond Path and Dominica Way West and is the current location of a 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 with 3.56 acres. Lot 2 will be the location. of the existing dwelling unit. The site is guided "LD" (Low Density ResidenfiaUO-6 units/per acre) and zoned "R-1" (Single Family ResidentiaU40,000 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 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/wefland 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. 3'he petitioner will be required to provide Dakota County with a quit claim deed that will restrict access onto CSAH #33 with the exception for the existing driveway on Lot 2. This restricfion 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. Since the property is currently one parcel, which had 326 sigoificant trees prior to the removal of the nineteen (19) trees, which accounts for approximately 6% of the significant trees on the property, the petitioner will not be required to mitigate. S:\plannipg\PLANCOMM\2009 agenda & minutes\041509radoc Lovelace also added, in response to Commissioner Melander's question from the previous meeting in regards to the amount of ponding area on each lot, Lot 1 is 2.35 acres, of which 1.2 acres is pond; Lot 2 is 3.56 acreas, of which .7 is pond. Lovelace asked for questions or comments from the Planning Commission. Chair Churchill hearing no comments from the Planning Commission asked the petitioner if he would like to add anything. John Loch, 13411 Diamond Path West, commented that he would be happy to answer any questions. Chair Churchill hearing no further questions or comments called for a motion. MOTION: Commissioner Melander moved, seconded by Commissioner Schindler, to recommend approval of the Loch Addition preliminary plat, subject to the following conditions: 1) An existing 20-foot wide utility easement over existing public utility lines, filed as a paper easement, shall be dedicated on the final plat.. 2) Dedication of the necessary drainage and utility easement over the ponding/wetland area within the plat as identified by the City on the final plat. 3) Dedication on the final plat of a one-foot (1') wide easement which restricts direct driveway access to Diamond Path, except at the location of the existing driveway on Lot 2. The motion carried 5-0. OTHER BUSINESS. A. Consideration of public hearing for the update of the 2030 Comprehensive Plan. Community Development Director Bruce Nordquist stated that a public hearing is being requested to receive comments concerning the 2030 Comprehensive Plan update. The draft plan has been distributed to affected agencies for their review and comments. The comments are due back on May 21, 2009. The final plan is to be delivered to the Metropolitan Council by Friday, May 29, 2009. MOTION:. Commissioner Diekmann moved, seconded by Commissioner Schindler to recommend approval of the draft resolution setting a public hearing to receive comments on the 2030 Comprehensive Plan update at the May 6, 2009, Planning Commission meeting. The motion carried 5-0. B. Review of the Upcoming Schedule and other Updates Community Development Director Bruce Nordquist reminded the Commission of the American Planners Association (APA) Conference being held at the Minneapolis Convention Center on April 25-29. 8. ADJOURNMENT S:\plaoning\PLANCOMM\2009 agenda & minutes\041509m.doc 10 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 Diekmann, to adjourn the meeting at 8:09 p.m. The motion carried 5-0. S:\planning\PLANCOMM~2009 agenda & minutes\041509mdoc 11