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HomeMy WebLinkAbout10/15/2003CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES OCTOBER 15, 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, James Hadley, Tom Melander, Alan Duff, Tim Burke, and David Schindler Members Absent: Jeannine Churchill Staff Present: Community Development Director Rick Kelley, City Attorney Sharon Hills, City Planner Tom Lovelace, Assistant Planner Kathy Bodmer, Assistant Planner Maggie Milton Dykes, and Assistant City Engineer Jacob Fick. 2. APPROVAL OF AGENDA Edgeton asked if there were any changes to the Agenda. Community Director Rick Kelley amended the Agenda to add Item 7B -Set Public Hearing for Zoning Regulations -Parking. Chair Edgeton called for approval of the Agenda as amended. MOTION: Commissioner Hadley moved, seconded by Melander, to approve the Agenda as amended. The motion carried 6-0. 3. APPROVAL OF MINUTES OF OCTOBER 1, 2003 Edgeton asked if there were any changes to the minutes. There being none, she called for its approval. MOTION: Commissioner Hadley moved, seconded by Burke, to approve the minutes of October 1, 2003. The motion carried 5-0, with Commissioner Duff abstaining. 4. CONSENT ITEMS A. Krieger Front Porch Variance - 3 Foot Variance from the Required 30 Feet Front Yard Setback to Allow for Construction of a Covered Stoop and Pergola MOTION: Commissioner Burke moved, seconded by Duff, to approve the consent Agenda as recommended by staff. The motion carried 6-0. 5. PUBLIC HEARINGS A. Weissmann 13th Addition/Midtown Village -Rezoning, Subdivision, and Site Plan/Building Permit Authorization for 21.5 Acre Row Home/Condominium Development Chair Edgeton opened the public hearing with the standard remarks. City Planner Tom Lovelace presented the request from Weissmann Homes for rezoning, preliminary plat and site plan building permit authorization approval for a 21.5 acre site located at the southeast corner of Foliage Avenue and 145th Street West, just north of the Fischer Market Place Development. The rezoning request involves the redesignation of the site from "I-2" (General Industrial) to "PD" (Planned Development), which would create area requirements and performance standards for multi-family residential uses. The preliminary plat request would subdivide the. property into 18 lots for the purpose of constructing 13 rowhouses, 4 condominium buildings and the final lot used for common open space/private roads. Lovelace reported Weissmann is proposing to construct 174 rowhome units (nine 14-unit and four 24-unit buildings) and 96 condominium dwelling units on 19.5 acres. The remaining two acres of the site would be dedicated as right-of--way for 145th Street West. Lovelace reported there is an easement over the most northerly of the three parcels. The City would require that as part of any final approvals of this development that the easement over the 2-acre parcel be vacated and road right- of-way for 145x` Street West be dedicated. Lovelace stated that the construction of Flagstaff Avenue, from 145th to 147th Street West, as well as 147th Street West from east of Flora Avenue to Flagstaff Avenue, should be required as part of this development. This would require the relocation of existing underground pipelines located just to the east of the site. The developer has identified a proposed 80-foot pipeline easement along the most easterly edge of the site which would be used for pipeline relocation purposes. The site plan shows 120 off-street, 51 private on-street, and 62 public on-street parking spaces. An underground garage would provide one space per condo unit and two spaces per rowhome unit. This equates to 2.47 spaces per unit, which is slightly under the 2.5 spaces per minimum per multi-family dwelling unit that is required by City Code. The rowhomes will be using a combination of brick, stucco, and "Hardi" siding for their exterior finish. Lovelace informed the applicant that the side elevations should incorporate alternate materials to break up the monotony. 2 Lovelace stated that a 250 ft. section of storm sewer pipe in an existing pipeline would need to be relocated outside of the existing easement. The plat indicated an 80 ft. wide pipeline easement at its eastern boundary. Lovelace reported the City's Traffic Engineer and Natural Resources Coordinator have reviewed the project and outlined their concerns in letters included in the Commission's packet. The,Cornxnission had concerns about the sameness of the color palettes presented by the applicant. Kelly Murray, representing Wensmann Homes, stated the color palettes presented tonight are only preliminary and that the materials they are proposing to use offer a variety of colors. For example, the Hardi plank can be painted in a variety of colors. Murray stated they will work with closely with staff to ensure there are a variety of colors and that the landscape does not have a vertical appearance. The Commission also requested that the ends of the building elevations show more variety. In regards to parking, Commissioner Schindler questioned if the overnight parking ban applies to 145th and Foliage. Lovelace stated that it does. In addition, Flagstaff Avenue is a collector street and no parking would be allowed on Flagstaff. Commissioner Hadley asked if the parking on 145th and Foliage could be a 2-stall bump-out. Lovelace responded that could be an option for the developer to consider. Commissioner Melander disagrees that the 2-stall burnp- out would improve parking in that azea. Chair Edgeton asked if anyone from the public had any comments or concerns. No comments were received from the public. Chair Edgeton closed the public hearing with the standard remarks. B. Cobblestone Lake 4th Addition -Subdivision of 7.86 Parcel by Metes and Bounds Description Chair Edgeton opened the public hearing with the standard remarks. City Planner Tom Lovelace presented the request from Cobblestone Lake Development, LLC, for subdivision of property by metes and bounds description. Metes and bounds is a method of describing the boundaries of land by directions (bounds) and distances (metes) from a known point of reference. Lovelace reported the applicant is requesting this in order to fulfill an obligation of his purchase agreement, which requires a minimum yearly takedown of property. No lots, blocks or building construction are being proposed for this subdivision request. It is expected that sometime in the future the applicant will plat the property into lots and blocks for low-density townhomes, consistent with the "Cobblestone Lake Concept Plan." There is also no request for the extension of public utilities and streets to serve this proposed subdivision. The property is zoned "PD-703, Zone 8" (Planned Development), which allows for sand and gravel mining and asphalt plant uses. The applicant is not requesting a change in zoning or use. A rezoning of the property will be required prior to any development for low-density townhomes in accordance with the "Concept Plan." Chair Edgeton asked if anyone from the public had any comments or concerns. No comments were received from the public. Chair Edgeton stated it is the Policy of the Planning Commission to refrain from acting on an item the same night as its public hearing. However, because of the nature of this request, and no continents were received from the Planning Commission or the public, staff is recommending action on this request tonight. MOTION: Commissioner Burke moved, seconded by Hadley, to approve the Cobblestone Lake subdivision by a metes and bounds description creating a 7.86 acre parcel as shown on the parcel sketch dated September 9, 2003. The motion carried with a 6-0 vote. C. Central Village Small Area Planned Development Ordinance Chair Edgeton opened the public hearing with the standard remarks. City Planner Tom Lovelace presented the request for the proposed rezoning of the Central Village. Central Village is a 54-acre site generally located at the intersection of Galaxie Avenue and 153`a Street West. Lovelace reported that the City retained Metropeligo, a planning consultant firm, to prepare a small area plan that included the 54-acre site, as well as the 23-acre "The Legacy of Apple Valley" development located to the south and east of the Property. Metropeligo, staff, Planning Commission members, the Chamber of Commerce, property owners, and potential developers of the small area plan have developed a plan that incorporates new urbanism and pedestrian friendly design principles that encompass this proposed ordinance. A copy of the proposed ordinance in its entirety was included in the Planning Commission's packet. Chair Edgeton questioned if the Central Village Ordinance included the ordinance that was already developed for The Legacy of Apple Valley. Lovelace stated that it did. City Attorney Sharon Hills stated that the Planned Development Ordinance relating to The Legacy should be amended and added as part of the Central Village Ordinance. Chair Edgeton commented that staff, the Planning Commission, and several other involved parties have been working on the concept of the Central Village for quite some time and issues such as density, pedestrian friendly, new urbanism, etc. were decided early in the process. Commissioner Melander stated that it is important to respect the businesses already operating in the area such as Culver's and Hirschfield's and the fact that they will not be able to integrate into the Small Area Plan. Chair Edgeton stated that the City needs to be clear to developers that the design guidelines are not optional but are a requirement. Bill Griffith, representing the Hartford Group, thanked the Commission and staff and stated that he is looking forward to continuing development on this project. Randy Pederson, of New Century, Inc., reiterated the same. Griffith asked for clarification on some of the language in the ordinance. Lovelace stated that he will discuss Griffith's concerns with the City's attorney and staff. Chair Edgeton asked if anyone from the public would like to speak and if so, they may do so at this time. No comments were received from the public. Chair Edgeton closed the public hearing with the standard comments. 6. LAND USE/ACTION ITEMS A. Lebanon Valley Place -Site PlanBuilding Permit Authorization for 30-36 Unit Apartment Building for Combination Supportive Housing and Key Worker Rousing Assistant Planner Maggie Milton Dykes presented the request from Community Housing Development Corporation and Legacy Holdings-AV, LLC, for site plan building permit authorization to construct an apartment building in The Legacy of Apple Valley, located southeast of the intersection of Galaxie Avenue and 153rd Street W. adjacent to the Tuscany Apartment site. Dykes reported the four-story, 36-unit apartment building (47 units per acre) would consist entirely ofone-bedroom units. Each unit will be approximately 580 sq. ft. The building will be used for supportive housing. Half of the residents (16) would be recovering from mental illnesses, and the remaining halfwould be allocated to residents meeting certain income requirements and/or residents with physical disabilities. Residents with mental illnesses would receive on-site support and care. No children are expected to be in the apartments. Dykes reported the proposed apartment meets the requirements of the zoning code as it relates to density, setbacks, parking and impervious surface coverage. The site plan shows an approximate 580 sq. ft. roof garden located on the third floor that provides the residents with a private green space. The footprint of the building is approximately 7,500 sq. ft., and is approximately 50 feet high from grade. Mechanical units and the trash room would be located in the basement near the underground garage. Dykes reported the first floor would have 8one-bedroom apartments, the laundry room, the management office and a community room. The second floor would have l0nne-bedroom apartments. The third floor will have nine (9) one-bedroom apartments and a roof garden. The fourth floor will have nine (9) one-bedroom apartments. Both an elevator and stairwells as required by the building code will provide access to the upper floors. Sixty-five parking spaces are required for the apartment building. The building will have 14 underground parking spaces and will share a 211-space surface parking lot with the Tuscany Apartments; cross-parking and cross-access agreements must be executed. The building will be constructed of a mix light-colored stucco and red brick, with a pitched roof composed of asphalt shingles. The elevations are similar to the Tuscany Apartment Building and meet the requirements of the planned development zoning district. Decorative features include dormers and balconies. Chair Edgeton commented that the roof garden is a great addition to the building. Dykes reported that staff is recommending approval of this project. MOTION: Commissioner Hadley moved, seconded by Duff, to approve site plan building permit authorization to construct afour-story 36-unit apartment building as shown on the submitted site plans received in City offices dated October 6, 2003, subject to the following conditions: a. No building permit shall be issued for Lot 2, Block 1, of the proposed The Legacy of Apple Valley 2"d Addition until the final plat is filed with Dakota County, and all the conditions of the required executed Development Agreement have been met by the applicant. b. Any building permit issued shall be only for Lebanon Valley Apartments. a No building permit shall be issued until a Natural Resources Management Permit has been obtained. d. Submission of a nursery bid list that confirms the landscape materials, irrigation system, decorative paving and other common 6 area amenities meet or exceed 2.5% of the value of the construction of the building based on Means Construction Data. e. No Certificate of Occupancy, either temporary or final, shall be issued until the 211-space shared parking lot and private drives are constructed on Lots 1-2, Block 1, of The Legacy of Apple Valley 2na Addition. f. The applicant shall submit executed cross-access and cross-parking easements between Lots 1-2, The Legacy of Apple Valley 2na Addition for the shared parking lot and private drives. The motion carried with a vote of 6-0. 7. OTHER BUSINESS A. Community of Christ Church Sketch Plan Kathy Bodmer, Assistant Planner, presented the sketch plan review of a proposed expansion of Community of Christ Church, located at 5990 134th Street West. The Church will be requesting site plan review/building pernut authorization when the formal application is submitted. The expansion project would double the existing footprint of the church. The church would be expanded west of its current location toward Johnny Cake Ridge Road: The building and parking areas meet the setback requirements for the zoning. Bodmer reported a fmal plat would have to be prepazed and reviewed and approved by the City Council in conjunction with their review of the building permit request. In order to provide more visibility, the church would like to remove a large hill adjacent to Johnny Cake Ridge Road which would make the new elevation around the building 22 feet lower than it is presently, When the building was initially constructed in 1977, the building and site were designed to have a very low profile and were screened from adjacent residential properties and Johnny Cake Ridge Road. Bodmer reported the church plans show a shared parking lot with Moeller Pazk on the south side of the property. The City may not be able to upgrade its portion of the parking area at the time of the expansion of their parking lot. Bodmer suggested one option would be to construct the shared driveway access in the location shown on the plan with the understanding that the City would use that access in the future to expand its parking lot. Bodmer also stated that it would be beneficial for the Church and City to execute a cross parking agreement, even if it is before the City lot is expanded. Randy Johnson, the City's Park Director, addressed his concerns in a memo that was included in the Commission's packet regarding the shared parking with Moeller Park. Bodmer pointed out that with the church lot located so closely to the park, it is likely that overflow parking will take place in the Church's parking lot. Chair Edgeton was also concerned about people visiting the park and using the Church's parking lot on Sundays when games are going on in the park. Commissioner Burke stated that he is not too concerned about Sunday games and Church going on at the same time because with the expansion plans, there will be a lot more parking that what is presently there. In regards to the hill being taken down, Chair Edgeton reiterated the need to be sensitive to neighbors and how it might affect the sight line. Edgeton also suggested that the Church meet with the neighbors and inform them of their plans. Commissioner Hadley asked if any significant tress would be affected from the removal of the hill. Bodmer stated that once the project is officially submitted, the Church would have to meet the requirements of the City's Natural Resources Ordinance. B. Set Hearing for Zoning Regulations -Parking City Attorney Sharon Hills stated that the use of parking spaces for storage of overnight motor vehicles is generally restricted by the parking requirements as set forth in the zoning regulations; the applicability of these requirements to the overnight parking of such vehicles on commercial properties that are open 24 hours a day are less clear. Hills is recommending that the City amend the ordinance and clarify the City's intent. MOTION: Commissioner Melander moved, seconded by Hadley, to set a public hearing for November 5, 2003, to consider an amendment to the Zoning Regulations concerning parking requirements. The motion passed with a vote of 6-0. 8. ADJOURNMENT MOTION: Commissioner Burke moved, seconded by Schindler, to adjourn the meeting at 9:09 p.m. The motion passed with a 6-0 vote.