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HomeMy WebLinkAbout08/05/2009CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES AUGUST 5, 2009 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Churchill at 7:04 p.m. Members Present: Jeannine Churchill, Tom Melander, Ken Alwin and Keith Diekmann Members Absent: Tim Burke, David Schindler and Frank Blundetto Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Associate City Planner Kathy Bodmer, Associate City Planner Margaret Dykes, City Attorney Sharon. Hills, Assistant-City Engineer David Bennett and Deparunent Assistant Barbara Wolff 2. APPROVAL OF AGENDA Chair Churchill asked if there were any changes to the agenda. Hearing none she called for a motion. MOTION: Commissioner Melander moved, seconded by Commissioner Diekmann, to approve the agenda. The motion carried 4-0. 3. APPROVAL OF MINUTES OF JULY 15, 2009 Chair Churchill asked if there were any changes to the minutes. There being none, she called for approval of the minutes. MOTION: Commissioner Melander moved, seconded by Commissioner Diekmann, to recommend approval of the minutes of the July 15, 2009, meeting. The motion tamed 4-0. 4. CONSENT ITEM --NONE-- 5. PUBLIC HEARING A. Haupt Antiek Market C.U.P. - Considerafion of a conditional use permit for outdoor display of merchandise in a "RB" (Retail Business) zoning district. Associate City Planner Margaret Dykes stated that the pefitioner is requesting a conditional use permit (CUP) to display merchandise outdoors in conjunction with a retail antique store in a mulfi- tenant building. The store is open four days a month, and the applicant has stated she would display items outside during the four days the store is open from March to November. S_\planning\PLANCOMM\2009 agenda & minutes\080509m.doc Planning CommissionNlinutes August 5, 2009 Page 2 of 7 In the past, the City has approved CUPS for outdoor display of merchandise with conditions that required the display area be delineated by decorative maintenance-free fencing, not impede pedestrian or vehiculaz traffic, or create pazking conflicts. These conditions were placed on the display of merchandise at various locations to ensure that appearance of the sites and pedestrian access would be maintained, as well as to control the display so that it did not expand beyond the approved parameters. The applicant submitted a site plan that shows the use of four parking spaces for outdoor display. Two of the parking spaces are in the front (north) of the building and two are located in the rear (south) of the building. The north area measures 20' x 33' (660 sq. ft.) because the area will take up some portion of a striped parking island. The south area measures 18' x 20' (360 sq. ft.). The applicant has indicated she would be amenable to installing fencing that could be removed when the display area is not being used. The applicant has also said she would like to leave the merchandise in the display areas ovemight as it is cumbersome to move it daily. The Police Department has stated it would not want the merchandise left in the display area overnight, especially in the rear of the building because this may create a situation where theft of items is more likely to occur. The Police Deparhnent has stated it would prefer that merchandise be brought inside the store at night to prevent theft. The approximately 15,000 sq. ft. building requires 84 parking spaces, and there are 61 spaces available to the site. Though the site is short 23 spaces, the building was approved prior to recent parking standards. There are cross-access agreements with the building immediately west of the subject site (formerly Granny's Attic), but it does not appeaz there are any cross-pazking/cross-access agreements with the Times Square Shopping Center to the south. Staff is unaware of past problems related to parking, but that may be because the building has been used primarily as an office building. Though the building needs 84 spaces, when it was used as an office building it needed 74 parking spaces. Now that about half of the building is used for retail with the other half used for offices, the site requires more parking. Parking on the site seems to function well at this time because it does not appear that the users are waxing out the available parking. If the City chooses to grant the CUP, staff believes there are several conditions that would help alleviate parking conflicts: 1. There shall be no more than two display areas on the property as shown on the submitted site plan received in City offices on July 15, 2009. 2. Merchandise maybe displayed outdoors no more than four days per month, from March to November. 3. The applicant shall submit a list of days the outdoor display areas will be used no later than February 15a' of each year. 4. The display areas must be clearly delineated with removable fencing that is decorative and maintenance-free. 5. No merchandise shall remain outdoors after business hours. 6. If pazking conflicts occur, the outdoor display areas shall be dismantled until such time as the conflict can be resolved. Dykes asked for comments or questions from the Planning Commission. S:\planning\PLANCOMM\2009 agenda & minutes\080509m.doc Planning Commission Minutes August 5, 2009 Page 3 of 7 Chair Churchill commented that the only time she has noticed congestion n7 that parking lot is at tax time. Dykes replied that staff believes that the use works under these conditions and it does not raise any red flags at this point. Chair Churchill hearing no comments from the Planning Commission, asked the petitioner if she would like to add anything. Deb Haupt, owner of Haupt Antiek Market, stated that moving into this space is a wonderful opportunity and she is very excited about it. She stated that their former location in Rosemount was in a home that was zoned commercial. The yard was used extensively during the summer months to provide access to the inventory. Ms. Haupt stated that she would like to have that same access here in Apple Valley, although on a smaller scale. Chair Churchill asked if there was an issue at tax time, would she forego her outdoor display at that time. Ms. Haupt stated that they haven't selected the days for April yet. They're only open four days a month so it could be as easy as opening after the 15a` of April. Commissioner Alwin asked if there was a parking conflict with the other tenants, could she put up signs that would be reserved for other businesses so that all the spaces are not taken by her customers. Ms. Haupt commented that she has spoken with most of the other tenants in the building. She said her customers will need to be educated because they will not know about parking but also that cones can be erected to reserve the other tenants' spaces. Dykes commented that the Police Department did have a concern about leaving merchandise outdoors overnight so the City does want the merchandise to come indoors during the evening hours. Chair Churchill opened the hearing to public comment. Joe Sterling, manager and owner of Sterling Financial stated that he is looking forward to this business and stated that it will be a healthy situation for the whole building. He commented that he would like to see three stalls in the front with portable signs that stated "Sterling Financial Parking Only". He stated that he would want these only from 8 a.m. to 5 p.m. on Thursday and Friday of each weekend the store is open. He stated there is also an issue of excessive build-up of snow at the rear of the building which might jeopazdize parking spaces, although that is an issue to be brought up with the snow removal company. Mr. Sterling said that he welcomes the new business into the building with open arms. Chair Churchill stated that City staffhas suggested a condition to this conditional use that would address the parking which reads, "If parking conflicts occur, the outdoor display area shall be S:\planning\PLANCOMM\2009 agenda & minutes1080509mdoc Planning Commission Minutes August 5, 2009 Page 4 of 7 dismantled until such fime that the wnflict can be resolved." Chair Churchill stated that would give the other occupants of the building time to work out any parking conflicts. Dykes replied that is correct. Chair Churchill hearing no further comments closed the public hearing. 6. LAND USE/ACTION ITEMS A. El Toro Outdoor Patio -Consideration of site plan request to allow fora 22 seat outdoor dining area in conjunction with a restaurant. Associate City Planner Kathy Bodmer stated that the petitioner is requesting site plan review fora 22- seat outdoor dining area on the east side of the building located at 14638 Cedar Avenue by El Toro Restaurant. EI Toro Restaurant will also be requesting an amendment to their liquor license in order to serve alcohol in addition to food on the patio. The City Council will review the amended license request at the same time that they review the outdoor patio area request. The patio area is proposed to be 10' wide by approximately 85' long with seating for 22 patrons at seven tables. No parking spaces or sidewalk would be removed to accommodate the patio area. Outdoor dining azeas require site plan review and approval by the Planning Commission and City Council. The outdoor dining azea secfion of the code states that the City may place reasonable conditions on the operation of the outdoor area in order to minimize impacts on adjacent residential properties. One of the main concerns related to the proposed outdoor dining azea is that people using the patio area may generate acfivity, smoke and noise that may negafively impact the Glazier townhome neighborhood abutting the site to the north. The patio would be located approximately 70' from one of the townhome buildings located immediately north of the patio. The petitioner has agreed to construct an 8' tall wall at the reaz (north) side of the outdoor patio area and install a retractable cloth awning which will help to create both visual and sound barriers between the dining area and the residential area. No one was present at the June 17, 2009, meeting, to comment on the project. Two written comments were received expressing concerns about noise, hours of operation, increased traffic, serving alcohol and blowing gazbage and litter. Bodmer asked for questions or comments from the Planning Commission. Chair Churchill stated that the conditions satisfy her concerns. Hearing no further comments from the Planning Commission, Chair Churchill called for a motion. S:\planning\PLANCOMM@009 agenda & minutes\080509m.doc Planning Commission Minutes August 5, 2009 Page 5 of 7 MOTION: Commissioner Diekmann moved, seconded by Commissioner Melander, to recommend approval of the site plan for an outdoor dining area for El Toro restaurant at 14638 Cedar Avenue with the following conditions: 1. An 8' high wall shall be constructed on the north side of the outdoor dining area to provide a buffer between the outdoor dining area and the townhome building to the north. The wail shall be constructed with the same materials as the building exterior. 2. An awning shall be installed to provide a buffer between the outdoor dining area and the townhome building to the north. The awning shall be reviewed and approved by the City Council. 3. No outdoor music or intercom system shall be used on the patio. 4. Service to the outdoor area shall end no later than 9:00 p.m. Sunday through Thursday and 10:00 p.m. Friday and Saturday. 5. The doors of the trash enclosure shall be kept closed at all times except when trash is emptied into the dumpster or the dumpster is emptied for garbage collection. The motion carried 4-0. B. Fischer Sand and Aggregate Rezoning -Consideration of a rezoning of property from "SG" (Sand and Gravel) to ``M-3" (Mulfiple Family ResidenfiaU3-6 units per acre), "M-6" (Multiple Family Residenfial/6-12 units per acre), and "P" (Institutional). City Planner Tom Lovelace stated that the petitioner is requesting the rezoning of 121.8 acres of property, generally located in the southeast comer of Pilot Knob Road and CSAH 42, from "SG" (Sand and Gravel) to low and medium density residential uses, and institutional uses, generally consistent with the City's Comprehensive Plan. The site consists of two unplatted parcels, which are currently being reclaimed from a sand and gravel mining operation. The petitioner originally requested a rezoning of 79.66 acres to "M-3" (Multiple Family ResidentiaU3- 6 units per acre), 36.8 acres to "M-6" (Multiple Family ResidentiaU6-12 units per acre), and 2.77 acres "P" (Institutional), with the remaining property being major road right-of--way. They have revised their request and are now proposing the rezoning of 21.93 acres to "M-1" (Multiple Family ResidenfiaU3-4 units per acre), 52.66 acres to "M-3" (Multiple Family ResidenriaU3-6 units per acre), 36.8 acres to "M-6" (Multiple Family Residential/6-12 units per acre), and 2.77 acres "P" (Institutional). The revised request includes the rezoning of approximately 22 acres of property along its most easterly boundary "M-1". This zoning district allows low density townhome development at a density of 3-4 units per acre and does allow for single family detached dwellings subject to the same standards set forth in the "R-3" (single family) zoning district. Staff is concerned that in lieu of a land use development proposal, approval of the "M-1" request would not guarantee single family development in the zoning district. Therefore, staff is recommending that the 22 acres be rezoned to "R-3". S:\planning\PLANCOMM\2009 agenda & minutes\080509m.doc Planning Commission Minutes August 5, 2009 Page 6 of 7 Approximately 2.2 acres of the site located at the northeast corner of Dodd Boulevard and Eagle Bay Drive is designated "NS" (Neighborhood Services) on the Comprehensive Plan's 2020 Land Use Map. It is a remnant of a larger area that included three acres of property located at the southeast corner of Dodd Boulevard and Eagle Bay Drive. The Comp Plan designation for the portion south of Dodd Boulevard was changed in 2001 from "NS" (Neighborhood Service) to "P" (Institutional) with the intention that this parcel would be combined with Apple Valley East Park. In 2006, the property's Comp Plan designation was changed from "P" to "MD" (Medium Density Residential/6-12 units per acre) as part of a townhome development proposal that received preliminary plat and site plan building permit authorization approval but never received final plat approval. The applicant is proposing that the remaining 2.2 acres of "NS" designated property be rezoned for low density residential uses. The draft 2030 Comprehensive Plan Land Use Map, which is currently under review by the Met Council, has designated the 2.2 acres "LD" and not "NS". The timing of this zoning request and final approval and adoption of the 2030 Comprehensive Plan Update is important because if the rezoning for the portion of the site guided "NS" comes before the City Council for approval prior to approval of the 2030 Plan, it will be necessary to submit a minor comprehensive plan amendment re-designating the "NS" property to "LD", consistent with the rezoning. The Comp Plan requires the submission of master plans for development in the-South Central Planning Area that address buffering, access, parking/transit facilities, exterior building treatments and the manner in which the development fits with planned land uses of adjacent properties, which among other things, encourages the use ofnon-traditional development techniques in residential neighborhoods. If a development request would occur on a portion of the site an overall plan for all the property would need to be submitted. Also, there is some concern that the proposed rezoning to standard residential zoning districts may limit the ability to incorporate non-traditional techniques into development of the site. Staff is hopeful that we will be able to work with the developer on incorporating Comp Plan goals when they submit formal development plans. The property proposed to be rezoned "P" is expected to be used for the expansion of the Lebanon Cemetery. The draft 2030 plan identifies a future neighborhood park within this 122-acre site. Therefore, additional land may need to be rezoned for that use. Lovelace stated that the petitioner submitted an amended zoning site plan that has changed the designation of the east 21.93 acres from "M-1" (Multiple Family ResidentiaU3-6 units per acre) to "R-3" (Single Family ResidentiaU11,000 sq. ft. minimum lot area). Lovelace asked for comments or questions from the Planning Commission. Chair Churchill hearing no comments or questions from the Planning Commission called for a motion. MOTION: Commissioner Melander moved, seconded by Commissioner Diekmann, to recommend approval of the rezoning of the 121.8 acres of property, generally located in the southeast corner of Pilot Knob Road and CSAH 42, from "SG" (Sand and Gravel) to "M-3C" (Multiple Family Residential/3-6 units per acre), "M-6C" (Multiple Family ResidentiaU6-12 units per acre), "R-3" S:\planning\PLANCOMM~2009 agenda & minutes\080509m.doc Planning Commission Minutes August 5, 2009 Page 7 of 7 (Single Family ResidentiaU11,000 sq. ft. minimum lot area) and "P" (Institutional) as indicated on the revised site plan dated August 5, 2009. The motion carried 4-0. OTHER BUSINESS A. Review of the Upcoming Schedule and other Updates Community Development Director Bruce Nordquist stated there were no updates. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Churchill asked for a motion to adjourn. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, to adjourn the meeting at 7:40 p.m. The motion carried 4-0. S:\planning\PLANCOMM\2009 agenda & minutes\080509m.doc