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HomeMy WebLinkAbout08/06/2003CTTY OF APPLE VALLEY PLANNING COMMISSION MINI7TES AUGUST 6, 2003 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Karen Edgeton at 7:00 p.m. Members Present: Karen Edgeton, Alan Duff, James Hadley, Tom Melander, Jeannine Churchill Members Absent: Tim Burke and David Schindler Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, City Attorney Sharon Hills, Assistant Planner Kathy Bodmer, Assistant Planner Margaret Milton Dykes, and Assistant City Engineer Jacob Fick. 2. APPROVAL OF AGENDA Edgeton asked if there were any changes to the Agenda. There being none, she called for its approval. MOTION: Hadley moved, seconded by Duff, to approve the Agenda. The mofion carried 5-0. 3. APPROVAL OF MINUTES OF JUNE 18, 2003 AND JULY 16, 2003 Edgeton asked if there were any changes to the minutes. There being none, she called for its approval. MOTION: Commissioner Churchill moved, sewnded by Hadley, to approve the minutes of June 18, and July 16, 2003. The motion carried 5-0. 4. CONSENT ITEMS A. Sanders Variance -Front and Side Yard Setback Variance to Allow Construction of a Covered Front Stoop and a Third Garage Stall Commissioner Duff recommended removing the Sanders Variance from the consent Agenda. B. Stene Variance -Rear Yard Setback Variance to Allow Construction of a Four-Season Porch MOTION: Commissioner Melander moved, seconded by Duff, to approve the consent agenda as amended. The motion carried 5-0. Sanders Variance -Commissioner Duff asked Assistant Planner Mazgazet Dykes why the recommendation for approval did not include it being contingent upon receiving a survey. Dykes responded that staff s rewmmendation does state "subject to the property owner obtaining an accurate survey of the property to ensure the gazage is no closer than three (3) feet to the north property line." MOTION: Commissioner Melander moved, seconded by Duff, to approve the Sanders Variance, as stated in staff s report. The mofion carried 5-0. 5. PUBLIC HEARINGS A. Accessory Apartment Conditional Use Permit to Allow for an Accessory Apartment in a Single Family Home Chair Edgeton opened the public hearing with the standazd remazks Assistant Planner Kathy Bodmer presented the request from Fritz and Pat Dolejs requesting a conditional use permit to construct an accessory unit dwelling (AUD) onto their existing home at 12756 Denrnazk Avenue. AUDs are allowed by conditional use permit in the R-1 zoning district. Bodmer reported that the Dolejs property is 1.33 acres and lies within an R-1 (single family residential, minimum lot 40,000 sq. ft.) zoning district. City Code was recently amended to allow for the construcfion of an AUD within a single family home in the R-1 zoning district, provided certain conditions are met. The Doeljses wish to construct a 2,661 sq. ft. AUD on to their existing home which they would occupy. One of their daughters and her family would move into the existing home. The proposed AUD would contain a master suite, den/guest bedroom, full kitchen, dining azea and living room on the main level. The lower level of the proposed AUD would contain a shop, storage room and an additional attached, but sepazate 2-stall garage. Both families would share the lower level In addition, the homeowners plan to add a second story onto their existing home for the primary residence. In total, the plans indicate that the primary residence would have 5,227sq. ft. of floor area, while the accessory dwelling would have 3,996 sq. ft. of floor area, making the floor azea of the home after the addition 9,223 sq. ft. Bodmer reported that the AUD appears to meet most of the requirements of the conditional use permit. However, because the AUD is larger than 40% of the footprint of the primary dwelling, the City may authorize a larger size if it meets certain conditions that ensure that it will be subordinate to the primary dwelling and that it does not negatively impact the neighborhood. With the primary structure at 2,119 sq. ft., the Dolejses could construct an 848 sq. ft. AUD. However, the proposed AUD is 2,661 sq. ft., the AUD would be 126% of the footprint of the primary dwelling. Once the addition of the AUD is completed, the total footprint of the home will be 4,117 sq. ft., while the largest footprint in the neighborhood is 2,640 sq. ft. The total floor azea of the home will be 9,223 sq. ft. upon completion, while the lazgest finished floor azea in the neighborhood is 3,720 sq. ft. The proposed addition would make the home considerably larger than the rest of those in the neighborhood. Chair Edgeton and Commissioner Churchill were confused about the total square footage and footprint of the AUD and the principal dwelling. They requested staffprovide clarification to ensure the AUD criteria defined in the ordinance. Commissioner Melander stated that he likes the idea/concept of the AUD but is concerned about the size of this AUD. Jeff Wrede, the architect for the project, attempted to clarify the square footage of the AUD and the principal dwelling. Wrede stated that the AUD should be within 40% of the total area rather than 40% of the footprint. Chair Edgeton informed Wrede that the City's ordinance states the AUD has to be within 40% of the footprint. Commissioner Churchill requested staff investigate the City Council's intentions when they set the parameter at 40%. Chair Edgeton asked if anyone from the public would like to address the Commission. No comments were received. Chair Edgeton closed the public hearing with the standard remarks. 6. LAND USE/ACTION ITEMS A. Diamond Gates Sales Trailer -Site P1anBuilding Permit Authorization for Sales Trailer for Condominium Complex Assistant Planner Kathy Bodmer presented the request from the developers of Diamond Gates to install a sales trailer on their property before receiving final plat approval. Diamond Gates is an 86-unit condominium development on the southwest corner of Cedaz Avenue and 140a` Street, which received preliminary approval from the City of June 12, 2003. Bodmer reported the developers wish to install a specialized sales trailer that will act as a model home by displaying the interiors of the units. The developers state the building will be tall enough to demonstrate the appearance of 10' ceilings. Bodmer stated that staff have not yet received any elevation drawings to date. Bodmer reported the zoning code allows the placement of buildings or trailers temporarily "for purposes of construction or sales on the premises for a period not to exceed the time necessary for the constnxcfion." The subdivision code states that model homes or dwellings may be permitted subject to the review of the Planning Commission and approval by the City Council. The developers have contacted Dakota County and received permission to continue to use the private driveway that currently exists on Cedar Avenue until the end of December. The site is difficult to access from 140d' or 142nd Street to Granite Avenue. However, if traffic conflicts arise because of the sales trailer traffic, the City may require that the access be relocated. Bodmer reported that staff is recommending approval of this proposal with the conditions outlined in staff's report. Chair Edgeton stated that the original approval of the Diamond Gates project included traffic entering from 140`s or 142nd Street to Granite Avenue and she is not in favor of changing it at this time. James Povolny, representing the petitioner, stated that entering the sales trailer off of Cedar Avenue is safer for traffic. Chair Edgeton stated that the petitioner knew about traffic issues when the original proposal was approved. Commissioner Churchill stated that in addifion, few people would expect traffic on the driveway and that could lead to safety issues with on-going traffic. The Commission recommended that the sales trailer be moved to the northwest corner of the property and be accessed off of Granite Avenue. MOTION: Commissioner Hadley moved, seconded by Duff, to recommend approval of the site plan and building authorization of the building permit for the temporary use of a sales trailer on the Diamond Gates property with the following conditions: • The use of a temporary sales building is authorized for a period of not more than 9 months from the fame of the issuance of the building permit. • The use of the existing driveway on Granite Avenue is conditioned upon its safe operation. • The building shall be removed when the construction of the first building has been completed. The motion carried 5-0. B. Wal-Mart -Amendment to Existing Conditional Use Permit to Allow for Expansion of Existing Permanent Garden Center City Planner Tom Lovelace presented the request from Wal-Mart Real Estate Trust to consider an amendment to their Conditonal Use Permit (CUP) to allow expansion of their existing permanent gazden center for the Wal-Mart store located at 7835 150x` Street West. Lovelace reported the applicant is requesting the addition of 4,306 sq. ft. to the existing permanent gazden area, which would extend further to the west 109 feet in front of the existing building. A 10-foot high wall constructed ofsplit-face block and brick would enclose the area. The applicant is also proposing to remove the fencing around the existing gazden center and replace it with a combination split face block/ornamental picket fence. Lovelace stated this proposal is a revision to a previous request for the expansion of the existing garden center. Lovelace stated a small azea of the parking lot would be reconstructed, resulfing in the loss of 2 parking spaces. The store is currently 40 parking spaces over the minimum (612) required. Removing 2 spaces would not adversely impact the store's pazking. Reconstruction of the sidewalk would also be necessary. The revised plans indicate that the sidewalk would be 12 feet wide along the front of the entire expansion azea. Lovelace stated that this is acceptable to staff. During the review of the original expansion request, concerns were raised regazding an emergency exit from the building that will exit into the expanded garden center and the emergency exit doors out of the new gazden center, located along the west wall. The City's Fire Marshal and Commercial Building Inspector have reviewed the revised plan and have wncluded that this situation meets applicable codes. In addition, asix-foot wide aisle from the two emergency exits should be maintained at all times in accordance with fire and building codes. During the public hearing, the Commission expressed wncems over the operation of the existing garden center area related to product, product placement, and on- going operations. Staff included these concems in their recommendation for approval. One of staffls conditions for approval also include "Inspection by the City for compliance shall be made quarterly throughout the year." City Attorney Shazon Hills recommended that this condition not be included . Hills stated that the City has a right to inspect the property at any time. Commissioner Churchill concurred and would not like to seethe City's performance tied to an inspection. MOTION: Commissioner Melander moved, seconded by Churchill, to approve the amendment to Conditonal Use Permit (CUP) Resolution No. 1997-274 to allow for the expansion of an existing permanent outdoor garden center for the Wal-Mart store located at 7835 150th Street West as submitted, subject to the following conditions: • The inclusion of split face block similar to elevation 5 on sheet GC2 shall be incorporated into Elevations 2 and 3 on sheet PZl, subject to the revised elevations submitted on August 5, 2003. • Only materials typically associated with residential landscaping, such as live plants, rock, mulch, soil, fertilizer, herbicide, patio and modulaz retaining wall block, gazderring tools and lawn maintenance equipment shall be displayed in the gazden center. • All materials shall be stored in a neat and orderly fashion and shall not exceed the height of the gazden center walls • Expansion of the permanent garden center shall be contingent upon the equal reduction of the temporary garden center. The motion tamed with a vote of 3 in favor, 1 opposed, and 1 abstention. C. Burlington Coat Factory Variance -Consideration of Additional Temporary Sign Assistant Planner Margaret Dykes presented the request from Burlington Coat Factory for a variance from the sign code provision that limits temporary signage. The sign code reads "...Any banner, streamer and balloon sign shall be located upon the site of the promotion, sale or event and shall be removed no later than 15 days after the first day of the special promotion, sale or event and will not be permitted in any one location more than 30 days per calendar year." Dykes reported the City received a complaint about a "Coming Soon/Now Hiring" banner that was located on the applicant's building. The City's Code Enforcement Division sent the applicant a letter on June 12, 2003, stating the banner did not comply with the sign ordinance, and, as a convenience to the applicant, enclosed a temporary sign permit application. Dykes stated the applicant applied for and received a temporary sign permit on June 19, 2003, which was used for the banner. The permit application requested the full time period, which is 30 days. The temporary sign permit expired July 18, 2003. Dykes reported the applicant is now requesting a variance for an additional temporary sign permit for a grand opening. The applicant stated that they were unaware that there is a 30-day limit on temporary signage. However the 30-day time limit is cleazly indicated on the temporary sign permit application. The applicant proposed to not request any temporary sign permits in 2004 if the City approved the variance request. Dykes reported that in order to grant a variance, certain conditions must be met that are listed in the City code. After reviewing the condifions, staff determined that the applicant does not meet any of the conditions. In addition, staff was unawaee that the City has granted a variance in the past for additional temporary signage. Therefore, staff recommended denial of the variance. Chair Edgeton commented that that when the applicant filled out the application, they indicated in their own handwriting " 30 days" in addition to the time period requested, making it impossible to be unaware of the time period. Commissioner Hadley asked if the City has ever approved a variance for temporary signage. Dykes responded that the City has not. MOTION: Commissioner Melander moved, seconded by Churchill, to recommend approval of a variance for one additional temporary sign permit for Burlington Coat Factory, located at 7575 153`a Street West. The motion failed with a vote of 0-5. 7. OTHER BUSINESS A. Harmony Commons Sketch Plan for a Proposed Mixed ResidentiaUCommercial Use Development Assistant Planner Margaret Dykes presented the sketch plan from New Century, Inc. and Pulte Homes, for amixed-use development to be located southeast of the intersection of 152°d Street West and Garrett Avenue. This site is also part of the Central Village Plan. Dykes reported the property is guided in the Comprehensive Plan as "C" (Commercial) and "INS" (Institufional). This proposal requires a redesignatlon to "MIX" (Mixed Use). The property is zoned "RB" (Retail Business). A rezoning to a planned development district would likely be created for this site. The sketch plan shows 65,000 - 90,000 sq. ft. of retail space, approximately 100 apartments that will be located above the retail space, and approximately 275 townhouse units that will be constructed by Pulte Homes. The buildings will be 2-3 stories high. Dykes reported the renderings of the commerciaUapartment buildings appear to show building materials consisting of brick and masonry material. Balconies, awnings, gables and other roof treatments will help to break up the massing and add interest. The plan shows fountains and plazas. The mix of uses is consistent with the goals of the Central Village Plan. There are two type of townhouse products shown on the plan. The townhouse units located on the north half of the property will be a row-house style, with one- stall garages aimed at first-time homebuyers, and the townhouse units on the south side of the property and around the storm water pond would be larger units with two-stall garages. Dykes reported there is an existing City-owned storm water pond located on the site. The City Engineer stated that the configuration shown on the sketch plan does not provide enough storage capacity. It appears there is a significant amount of impervious surface in the plan. The number of townhouse units will have to be reduced in order that the storm water pond can be manipulated to handle the runoff. The applicant would have to also dedicate pazkland on the site based on the number and types of housing units and commercial space. Chair Edgeton stated that she is not wmfortable giving an opinion on this project until the guidelines for Central Village are completed. Her initial opinion of this sketch plan is that it is not even close to the Central Village concept, i.e., the retail on the south side of the road going into the one-way is not fulfilled. Commissioner Churchill indicated that she agrees with Edgeton. She also had issues with the one-car garage being proposed for the townhouse units with no street parking available (high density with no parking). Commissioner Hadley feels there has been no attempt to make the street presence feel and concept that is vital to the Central Village Plan. Commissioner Duff agreed with Hadley's comment. Randall Pedersen, the petitioner, addressed the Commission. Pedersen stated he felt the plan does give Apple Valley a lot of what presently does not exist. Chair Edgeton disagreed with Pederson and suggested he look at the concept plans to get a better idea of what the City is looking for. Chair Edgeton also stated to staff that she does not want to see another proj ect being proposed for the Small Area Plan/Central Village until the guidelines have been completed. Members of the Commission stated that it is too difficult to review a project without those guidelines in place. The Commission directed staff develop the guidelines as soon as possible in order that they have something concrete to work from. B. Embry Way Sketch Plan Assistant Planner Kathy Bodmer presented the sketch plan review from Bob Shackelford of the proposed development of the Embry Way neighborhood. The project would include the extension of City street, water and sewer into a neighborhood that was created in the 1950's, located on the east side of Pilot Knob and south of Elkwood Drive. Bodmer reported that a portion of Embry Way south of the Whispering Pines development is a private street that currently serves eight homes. Three of the eight homes made a private connection to City sewer. The rest have private sepfic systems. All eight homes are served by private wells. Bodmer reported that over the past several yeazs, staff have been working with the neighborhood to try to create a design that would allow the neighbors who want to receive City services to do so, an at the same time, accommodate those who want to retain a more rural lifestyle. After many discussions, an innovative design was developed that seems to address the concerns of the neighborhood. Bodmer reported the layout consists of two cul-de-sacs which will allow those who want to receive City services to receive them. Anew access would be created from Pilot Knob Road which will eventually provide a looped street in the neighborhood. Bodmer reported the layout allows those who wish to receive City services to receive them and those who do not wish to subdivide property and do not want to pay additional costs associated with additional lots will not have to do so. Thus, no public street and no public utilities will be extended into those areas. If those owners wish to subdivide at a later date, they will need to extend the street services so that the two cul-de-sacs join together. The cul-de-sacs are viewed as temporary but might be in place for several years. The sketch plan indicated that a total of 20 new lots could be created. Because the property is currently zoned "R-1" (single family residental, minimum lot 40,000 sq. ft.), a rezoning of the property to "R-2" (single family residential, minimum lot 18,000 sq. ft.) and "R-3" (single family residential, minirnum lot of 11,000 sq. ft.) would be required. In addition, the neighborhood lies within the "SH" (Shoreland Overlay) district, lots abutting Pilot Pond must be a minimum of 20,000 sq. ft., while all other lots must be a minimum of 15,000 sq. ft. Assistant City Engineer Jacob Fick addressed the Commission and explained the storm water/ponding system that is proposed for this sketch plan. Bodmer stated that neighbors would all need to sign the final plat to dedicate right-of--way for Embry Way. Bodmer stated that neighbors have responded posifively to the proposed layout. The neighborhood wntinues to want to closely review any proposed development that might affect them as the project continues. Chair Edgeton asked if any neighbors that are not in agreement with staff's report would like to address the Commission at this time keeping in mind that this is not a public hearing. Edgeton would like to hear from neighbors if they are in opposition before this project proceeds. She stated that all other comments would be appropriate at the time of the public hearing as standard procedure in any proposed project. No residents that were directly impacted on the sketch plan voiced any concerns. Chair Edgeton stated that she felt this sketch plan is a good compromise and seems to address the neighbors concerns. Commissioner Hadley stated that he does not see any problems with rezoning the area. Commissioner Churchill stated that traffic safety and issues related to natural resources such as tree mitigation is what she will be carefully looking at as the project proceeds. Commissioner Melander stated that he is wncerned about density. The petitioner, Bob Shackelford, addressed the Commission and stated that he would answer any questions or concerns the Commission might have. The Commission had none. C. Formation of Committee for Central Village Design Guidelines Community Development Duector Rick Kelly reported that the Central Village Small Area Plan was adopted as part of the City's Comprehensive Plan. This Plan provides conceptual guidelines for a true mixed-use village in the southeast corner of the City's commercial area at the intersection of Galaxie Avenue and 153' Street West. Kelly recommended that a subwmmittee of three members of the Planning Commission be developed to meet with staff and the Hartford Group to work on the Central Village development regulations. Chair Edgeton stated that she is 100% in favor of getting the guidelines developed. Edgeton suggested that the same Planning Commission members who originally worked on the Plan wntinue working on the guidelines. That would include Edgeton, Hadley and Schindler. Commissioner Melander also indicated an interest to serve on this Committee. The Commission stated that if Commissioner Schindler was not interested in continuing, Commissioner Melander would serve on the Committee. MOTION: Commissioner Duff moved, seconded by Churchill, to appoint a subcommittee consisting of Chair Edgeton, Commissioner Hadley and Commissioner Schindler; with Commissioner Melander as an alternate, to work on the Central Village development regulafions with staff and the Hartford Group. It was further moved that August 12a` and August 26a' would be the selected meeting dates. The motion carried 5-0. D. APA Request for Additional Planning Commissioner Contact Information Community Development Director Rick Kelley included in the Planning Commission's packet a request from the American Planning Association for additional information regarding phone numbers, mailing addresses, and e-mail addresses to assist in the dissemination of information relevant to planning issues. C4urently the City of Apple Valley pays for Planning Commission membership in the APA and directs all mailings and correspondence to City Hall. Kelly suggested each Commissioner complete the level of informaton they are comfortable with supplying. 8. ADJOURNMENT MOTION: Commissioner Churchill moved, seconded by Hadley, to adjourn the meeting at 9:51 p.m. The motion passed with a 5-0 vote. 10