HomeMy WebLinkAbout11/05/2003CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
NOVEMBER 5, 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, Jeannine
Churchill, and David Schindler
Members Absent: Tim Burke
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. There being none, she called for
its approval.
MOTION: Commissioner Hadley moved, seconded by Churchill, to approve the
Agenda. The motion carried 6-0.
3. APPROVAL OF MINUTES OF OCTOBER 15, 2003
Edgeton asked if there were any changes to the minutes. Chair Edgeton had one change.
On Page 4, Agenda Item #SC, Central Village Small Area Planned Development
Ordinance, paragraph 5 reads "Lovelace stated that it did." The sentence should read
"Lovelace stated that it did not." Chair Edgeton then called for approval of the minutes
as amended.
MOTION: Commissioner Melander moved, seconded by Churchill, to approve the
minutes of October 15, 2003, as amended. The motion carried 5-Q, with Commissioner
Duff abstaining.
4. CONSENT ITEMS
None.
5. PUBLIC HEARINGS
A. 2004-2008 Capital Improvements Program
Chair Edgeton opened the public hearing with the standard remarks.
Assistant to the Administrator Charles Grawe, presented the 2004-2008 Capital
Improvements Program (CIP). Grawe stated that as part of the City's
Comprehensive Plan, a Capital Improvements Program (CIP) establishes a
timeframe for physical improvement projects and major equipment acquisitions.
Such a program allows the Council and staff to better plan for the City's capital
and financial needs in future years.
Grawe summarized the CII' packet that was given to Planning Commission
members. It contained 3 main areas: Capital improvements projected over the
next five years sorted by department, project category, and revenue sources;
capital improvements projects over the next five years divided by departments;
and capital improvement projects divided into funding sources.
Commissioner Duff pointed out that most of the overall expenditures are in the
Public Works Department. Duff asked Grawe if these expenditures were due to
new development or redevelopment in the City. Grawe stated that the list does
not differentiate between new development or redevelopment. Grawe reviewed
some of the line items with the Commission and pointed out what was
redevelopment and new development.
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.
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 comments were received from the Planning
Commission or the public, staff is recommending action on this request tonight.
MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend
approval of the 2004-2008 Capital Improvements Program to the City Council.
The motion carried with a vote of 6-0.
B. Zoning Code Amendment -Parking
Chair Edgeton opened the public hearing with the standard remarks.
Community Development Director Rick Kelley stated that the City has been
experiencing the overnight parking ofsemi-trucks and recreational vehicles at
some of the commercial properties within its jurisdiction. The use of parking
spaces for storage of motor vehicles is generally restricted by the parking
requirements as set froth in the zoning regulations, and 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. An ordinance has been prepared by
the City Attorney's Office that amend a portion of the zoning regulations to better
address this issue.
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.
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 comments were received from the Planning.
Commission or the public, staff is recommending action on this request tonight.
MOTION: Commissioner Hadley moved, seconded by Churchill, to approve the
ordinance amending the Zoning Regulations and Traffic Regulations concerning
pazking requirements in commercial zones. The motion carried with a vote of 6-
0.
C. Harmony Commons -Subdivision of 28.5 Acres into 132 Townhome Lots
and 8 Lots for Future Commercial Development, and Site P1anBuilding
Permit Authorization to Allow Construction of 125 Townhouse Units
Chair Edgeton opened the public hearing with the standard remarks.
Assistant Planner Margaret Dykes presented the request from New Century Inc.,
and Pulte Homes, for subdivision for 26-acre property into 132 townhome lots
and 8 lots for future commercial and residential development, and one outlot for a
stormwater pond, and site plan building permit authorization to allow for the
construction of 235 townhouse dwelling units, and two multi-use buildings.
Dykes reported the property is currently zoned "RB" (Retail Business). The
development proposal is part of the Central Village Plan. The proposal meets
some of the goals of the Central Village Plan with respect to the multi-use, multi-
storybuildings, the provision of underground pazking, internal pathways and
plazas, the splitting of 153rd Street and Founders Lane, and the reduced setbacks
of the buildings. However, the Central Village Plan showed a 2-cell stormwater
pond, a larger passive pazk, more concentrated and different types of residential
units, and two commercial buildings on Galaxie Avenue.
Dykes stated the applicants wish to subdivide three parcels totaling 27 acres. The
parcel north of 153rd would be subdivided into 191ots, with Lots 1 and 2 used for
multi-story, multi-use buildings, with the first floors used for retail, office, or
other commercial uses, and the second and third stories used for apartments or
offices. The remaining 171ots would be used for townhouses and shared parking.
Building plans for the multi-use buildings have not yet been submitted. Chair
Edgeton asked how can the applicant request site plan building permit
authorization without submitting a site plan for the Planning Commission to
review.
Dykes reported that the parcels south of 153rd Street are proposed to be
subdivided into 118 townhouse lots, one lot for private streets and alleys, and six
lots for multi-story, multi-use buildings. The applicant stated that the first floors
of the multi-use buildings would be used for retail, office, or other commercial
uses, and the second and third stories would be used for apartments or offices.
The applicant has indicated that the commercial lots would be platted as outlots
on the final plats because they do not yet have specific building plans. Chair
Edgeton stated that in the Central Village Plan, the entire portion of 153`d Street is
slated for retail and commercial, not residential townhomes.
The preliminary plat and site plan shows the construction of 48 townhouse units
and private streets on what is now a City stormwater pond, in which the City is
the fee owner of the stonnwater property. The applicant is proposing the
subdivision of property that they do not own. Dykes stated the City cannot
approve the subdivision of City-owned property until the disposition of the
property has been resolved.
Dykes reported the site plan north of 153rd Street includes townhouses referred to
as Village Homes. Village Homes area 2-story, row house style home. The plan
shows 128 units spread among 17 buildings, each having two bedrooms and a
one-car garage. The units would have tuck under garages that are accessed by
alleys. Commissioner Churchill was concerned about the number of access points
(9) from the Village Homes along 153rd Street and the potential traffic problems
that it could present.
Dykes stated that south of 153rd Street, the plan shows 107 townhouses referred to
as Court Homes, with the units being more typical of suburban developments.
The units are 2-3 bedrooms and have sub-grade two-car garages. All units face a
private street, and garages are accessed by alleys. Parking is adequate for the area
north of 153rd Street but it is unclear where the parking spaces for guests south of
153rd Street would be located. On-Street parking could be utilized for guest
parking but it is unclear how many on-street parking spaces would be provided.
A drive-thru bank is proposed to be located along 153rd Street and Galaxie
Avenue. Commissioner Churchill is concerned with the bank's drive-thrn traffic
exiting onto Galaxie Avenue and the potential traffic problems it could present.
Chair Edgeton stated that she does not like the residential component of this
proposal and that the intent of the Central Village Plan was not to pick one type of
home and duplicate it row after row. Edgeton referred to some of the criteria for
this area listed in the proposed design guidelines in the Apple Valley Central
Village Plan. Edgeton stated she would like to see more products being offered
and less duplication. Commissioner Churchill stated no creativity was used when
planning out the layout of the development. Churchill suggested that perhaps the
townhouses should face the street and the layout could be "U" shaped, rather than
row after row. Commissioner Melander stated that he likes the layout and one
option might be to stagger the rows. Melander stated that the Commission must
keep in mind that density is an issue in this area. Edgeton stated she is not
looking at density but rather more of an urban feel.
The City Engineer has reviewed the grading plan. Amore detailed grading plan
is needed to complete a thorough analysis.
The elevations do not indicate materials to be used which is necessary for
building permit authorization.
The applicant must also submit a more detailed plan for the reconfiguration and
design of the storrnwater pond. A Storm Water Sewer District agreement would
be necessary for the on-going maintenance of the stormwater pond and a lift
station must be constructed. Commissioner Churchill voiced concern about the
City giving up 3 acres of the stormwater pond and would like to see a brief
presentation on the implications of this as it relates to this development and the
entire surrounding area that would be impacted.
Commissioner Duff indicated that he sees limited pedestrian orientation with this
proposal and that one of the criteria for the Central Village Plan is "pedestrian-
oriented" design principles. Dykes stated the applicant would need to include
sidewalk connections on their plans.
Jeremy Bork, the architect representing the petitioners, addressed the Commission
and stated they were trying to follow the criteria in the Central Village Plan but
without structured parking, the density is hard to meet. Bork feels the
Commission and staff are asking for too much and that high density is needed to
make the project affordable. Chair Edgeton informed Bork that other applicants
have provided their own structured parking.
Chair Edgeton asked if anyone from the public would like to speak at this time.
No comments were taken from the public.
Chair Edgeton closed the hearing with the standard remarks.
D. Amendments to Planned Development No. 716
Chair Edgeton opened the public hearing with the standard remarks.
Assistant Planner Margaret Dykes presented the revisions to Planned
Development Ordinance #716, which is the zoning district for The Legacy of
Apple Valley Addition, Legacy Square Addition, The Legacy of Apple Valley 2„a
Addition, and The Legacy of Apple Valley 3ra Addition (hereafter referred to as
"the Legacy"). The Legacy is a 24-acre development located southeast of the
intersection of 153ra Street West and Galaxie Avenue. The City approved the
preliminary plats for the Legacy so that the area could be used for an integrated
mix ofhigh-density attached townhomes, high-density apartments, retail,
restaurant, and limited business uses.
Dykes stated that at the Planning Commission meeting of October 15, 2003, the
Commission held a public hearing for the planned development ordinance which
would govern the portion of the Central Village that is outside of the Legacy. At
that meeting, the Commission stated it wanted the design guidelines to apply to
the Legacy development. Dykes reiterated that PD-716 was written and approved
before the design guidelines were drafted. The amendment now presented would
incorporate the design guidelines into the ordinance when the guidelines aze
complete.
Commissioner Churchill asked if the guidelines are adopted, would the layout of
Harmony Commons have to be changed. Dykes stated that some things would
have to be changed to be consistent with the spirit and intent of the ordinance.
Commissioner Churchill also stated that the ordinance might need to be less
specific in some places, in particular the specific acreage of the parks and
stormwater ponds.
Bill Griffith, with the Hartford Group,. asked for clarification as to whether or not
the revised ordinance applies to the already approved Tuscany Apartments, and
senior apartment building. Chair Edgeton stated the revisions do not apply to
projects previously approved.
City Planner Tom Lovelace requested the Planning Commission review this
document and contact staff with any issues or changes they feel are necessary.
Chair Edgeton asked if anyone from the public would like to speak at this time.
No comments were taken from the public.
Chair Edgeton closed the public hearing with the standard remarks.
E. Legacy Village Parking Lot Conditional Use Permit to Allow Construction of
a 275-Space Surface Parking Lot
Assistant Planner Margaret Dykes presented the request from the Hartford Group
for a conditional use permit (CUP) fora 275-space shared parking lot to be
located on Lot 1, Block 1, of the approved preliminary plat of The Legacy of
Apple Valley 3ra Addition. The shared pazking lot would provide the majority of
parking for all of the commercial uses contained within the Legacy 3Ta Addition.
The revised plans are slightly different from the plans that were approved as part
of The Legacy of Apple Valley 3Ta Addition. The revised model shows that there
would be sufficient pazking for the commercial uses in the Legacy 3ra Addition,
which includes Enjoy! Restaurant, the Remax Realty Building, a potentia160-seat
restaurant, and two-multi use buildings totaling 48,000 sq. ft. In addition, there
would also be 72 underground pazking spaces.
Dykes reported the subject property is zoned "PD-716, zone 4" (Planned
Development), which requires a CUP for a parking lot that is constructed as a
primary use. Except for the shared pazking lot, no other uses are permitted within
Zone 4. Typically, the City does not allow parking to be a primary use on a
platted lot. Pazking is usually a permitted accessory use.
Commissioner Churchill stated that staff needs to be cautious about developing a
surface parking lot and later deciding that the azea needs a multi-level parking lot.
Dykes responded that staff have applied for a grant from the Met Council to
develop amulti-level parking lot which would accommodate pazking for this area.
Commissioner Duff asked what are the chances for getting the grant and where
are we in the grant process. Community Development Director Rick Kelley
stated that we aze in the second round of the grant process and a final decision
will be made before the end of the yeaz.
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.
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 comments were received from the Planning
Commission or the public, staff is recommending action on this request tonight.
MOTION: Commissioner Hadley moved, seconded by Melander, approval of a
Conditional Use Permit (CUP) fora 275-space shazed parking lot to be located on
Lot 1, Block 1, of the approved preliminary plat of The Legacy of Apple Valley
3ra Addition, subiect to the conditions listed in Section A-30-3-C of the City's
Code of Ordinances and that the architect is consistent with the approved
buildings as of this development, be constructed on the south end of the subject
parking lot. The motion carried with a vote of 6-0.
6. LAND USE/ACTION ITEMS
A. Central Village Small Area Plan Regulations
Tabled at the request of the Petitioner.
B. Weissmann 13th Addition/Midtown Village -Rezoning, Subdivision, and Site
P1anBuilding Permit Authorization for 21.5 Acre Rowhome/Condominium
Development
City Planner Tom Lovelace presented the request from Weissmann Homes for a
rezoning, preliminary plat, and site plan building permit authorization approval
fora 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
involves redesignation of the site from "I-2" (General Industrial) to "PD"
(Planned Development). The preliminary plat would subdivide the property into
181ots for the purpose of constructing 13 rowhome and 4 condominium
buildings. The final lot would be used for common open space/private roads.
Lovelace reported the site plan building permit authorization would allow for the
construction of 174 rowhome and 96 condominium dwelling units. The applicant
is proposing to construct nine 14-unit and four 12-unit rowhouses, and four 24-
unit condominium buildings on 19.5 acres, with the remaining 2 acres dedicated
as right of way for 145' Street West. An easement over the most northerly of the
three parcels would have to be vacated and dedication road right-of -way for 145`h
Street West on the final plat would be required. In addition, relocation of existing
underground pipelines currently located just east of the site would require
relocation. Access to the site would be via private street connections to the
existing and future public street network located on the north, east, and west side
of the site.
Lovelace reported the site plan indicates 120 off-street, 51 private on-street, and
62 public on-street parking spaces. Underground garages would also provide 1.6
spaces per condo unit and two spaces per rowhome unit. The total parking
equates to 2.7 spaces per unit, which exceeds the 2.5 space minimum per multi-
family dwelling unit required by city code. Commissioner Churchill commended
the applicant for being innovative in regards to providing underground parking.
During the Public Hearing held on October 15th, the Commission was concerned
about the sameness of the color palettes presented by the applicant and requested
that a variety of colors be used to break up the monotony of the buildings. The
applicant has indicated they will incorporate a more expansive siding color palette
to help further distinguish the individual dwelling units. In addition, the applicant
has made revisions to the side elevations that incorporate bay windows and
revisions have been made to the front elevations for variation.
Lovelace reported staff is recommending approval of this project.
MOTION: Commissioner Melander moved, seconded by Hadley, to approve the
rezoning of Wensmann 13th Addition/Midtown Village development from "I-2"
(General Industrial) to "PD" (Planned Development). The motion carried with a
vote of 6-0.
MOTION: Commissioner Melander moved, seconded by Hadley, to approve the
Wensmann 13th Addition preliminary plat as proposed subject to adhering to
applicable city codes and to the following conditions:
Vacation of the easement for 145th Street West shall be required prior
to fmal plat approval.
Existing 145th Street West shall be dedicated as right of way on the
final plat.
Outlot A shall be dedicated as part of the 145th Street West right of
way on the final plat.
The motion carried with a vote of 6-0.
MOTION: Commissioner Melander moved, seconded by Hadley, approval of the
site plan building permit authorization to allow for the construction of 174
rowhouse (townhouse) and 96 condominium dwelling units subject to adhering to
applicable city codes and to the following conditions:
• Issuance of a building permit for this development shall be subject to
approval of the final plat and planned development ordinance.
• Construction of 145th Street West from approximately 330 feet east of
Flora Avenue to proposed Flagstaff Avenue and Flagstaff Avenue
from 147th Street West to 145th Street West shall be required.
• A 250-foot section of storm sewer pipe located in an existing pipeline
easement along the south edge of the site shall be relocated outside of
the easement.
• Revisions to landscape plan shall be made that will vary the spacing
alignment of the trees throughout the site and in accordance with the
Natural Resources Coordinators recommendations as outlined in his
October 10, 2003, memo.
• The east/west driveway between Lot 7 and 12 shall be widened to 24
feet.
• Connections from the internal sidewalks to the sidewalks or pathways
along the adjacent public streets shaii be required.
• A color palette shall be submitted to the City for approval by the City
Council.
The motion carried with a vote of 6-0.
C. Remax Office Building -Site P1anBuilding Permit Authorization to Allow
Construction of a 15, 888 sq. ft. Office Building on 3.5 Acres
Assistant Planner Margaret Dykes presented the request from WCL Associates
and Remax Real Estate for site plan building permit authorization fora 16,000 sq.
ft. office building to be located in the commercial portion of the Legacy
development.
Dykes stated the property is zoned "PD-716, Zone 3" (Planned Development)1 A
Conditional Use Permit must be issued for the shared parking lot located on Lot 1
of the proposed The Legacy of Apple Valley 3Td Addition. Any approval of the
Remax building would be subject to the issuance of this CUP.
The site plan shows a 16,000 sq. ft. two-story general office building. The
building meets required setbacks, and building coverage is 52%. The entrance to
the building faces east towards the parking lot, although there will be a similazly
sized entrance facing Galaxie. The building mechanicals will be placed in the
basement. All loading will be done from the front of the building. Trash will be
removed daily by cleaning crews and there will be a small storage area in the
basement where trash receptacles could be placed until the trash is removed.
The office building is required to have 90 parking spaces. There will be a 275-
space shared parking lot that will serve all of the uses in the Legacy 3'~ Addition,
which should accommodate the needs of the proposed office building.
The City Engineer has reviewed the grading and utility plans and has no major
outstanding issues. The Natural Resources Coordinator has reviewed the
landscaping plan and has no outstanding issues. Because the proposal is urban in
scale, there is not enough green space to meet the 2.5% cost of building
construction required for the Natural Resource's Management Permit. The
applicant should use the landscaping requirement towards irrigation systems,
benches, public art or other amenities and decorative paving
that connects to the public streets. The Commission suggested the applicant
incorporate some of the ideas listed above for the landscape requirement.
The applicant indicates the building will be constructed of rock face block that
would be a light sand color. Stone lintels are shown above the windows. A flat
roof and metal trellises are shown on all four sides of the building, which will
help break up the massing. A glass clerestory spans the second floor. Dykes
informed the applicant that the glass must be glazed to reduce reflectivity.
Chair Edgeton stated the office building proposed does have the appearance of
retail as indicated in the Central Village Plan. Edgeton stated she was surprised
to
by the amount of grass on the site. She would like to see if more landscape could
be installed to create a pedestrian plaza area. Commissioner Churchill stated that
the building does not express the character of the design guidelines set forth in the
Plan. Commissioner Melander indicated that he is not criticizing the architects
that designed the building but the building doesn't meld together well. The
Commission would like to see a different facade for the building.
Dave Clark, of WCL Associates, stated the building was designed to blend in with
the Central Village Plan and still make a signature statement.
Staff recommended approval of the proposal. However, the Planning
Commission expressed concern that the building is not at all what they were
expecting in the Central Village area. The applicant decided to table the request
until the next Planning Commission meeting to see if changes could be made that
would address the Commission's issues.
D. Harmony Commons Environmental Assessment Worksheet (EAW)
City Planner Tom Lovelace presented the Environmental Assessment Worksheet
(EAW) prepared for Harmony Commons Mixed-Use Development, submitted by
New Century, Inc. The proposed development project would include office,
retail, restaurant and a variety of medium and high-density residential uses,
located on a 28.5 acre site along the north and south end of 153rd Street West,
west of Galaxie Avenue. The property is currently a farm field used for crop
production.
Lovelace reported the state statute defines an EAW as a brief document that is
designed to set out the basic facts necessary to determine if an Environmental
Impact Statement (EIS) is needed. The purpose of the EAW process is to disclose
information about potential environmental impacts of a project.
The City of Apple Valley is responsible for holding a public meeting. The City
designated Planning Commission meetings as the appropriate forum in which to
hold the required public meeting. After making a brief presentation on the issues
listed in the EAW, Lovelace asked if there were any comments or questions from
the public and Planning Commission. No comments or questions were presented.
7. OTHER BUSINESS
None.
8. ADJOURNMENT
MOTION: Commissioner Melander moved, seconded by Duff, to adiourn the meeting at
10:06 p.m.
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