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HomeMy WebLinkAbout02/04/2004CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES FEBRUARY 4, 2004 CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Karen Edgeton at 7:01 p.m. Members Present: Kazen Edgeton, James Hadley, Jeannine Churchill, Dauid Schindler, and Alan Duff Members Absent: Tim Burke and Tom Melander Staff Present: Community Development Director Rick Kelley, City Attorney Michael Dougherty, City Planner Tom Lovelace, Assistant Planner Kathy Bodmer, Assistant Planner Mazgazet Dykes, and Assistant City Engineer Jacob Fick. 2. APPROVAL OF AGENDA Chair Edgeton asked if there were any changes to the Agenda. There being none, she called for its approval. MOTION: Commissioner Hadley moved, seconded by Duff, to approve the Agenda. The motion carried 4-0. 3. APPROVAL OF MINUTES OF JANUARY 21, 2004 Chair Edgeton asked if there were any changes to the minutes. There being none, she called for its approval. MOTION: Commissioner Hadley moved, seconded by Churchill, to approve the minutes of January 21, 2004. The motion carried 4-0. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS A. El Azteca Restaurant - On-Sale Liquor Conditional Use Permit Chair Edgeton opened the public hearing with the standard remarks. City Planner Tom Lovelace presented the request from El Azteca, Apple, Inc., to allow for on-sale liquor in conjunction with a Class I restaurant. The restaurant occupies the most westerly 3,998 sq. ft. of an existing 11,198 sq. ft. retail building, located in the southwest corner of County Road #42 and 150a' Street and is part of the Hillcrest Acres commercial development. This building received site plan building permit authorization approval from the City on March 27, 2003. Lovelace reported the site plan building permit authorization request was approved with the expectation that a restaurant would occupy a portion of the building. All pertinent site plan issues such as traffic circulation and parking were discussed at that time and found to be adequate. Located to the north of the restaurant site across County Road 42 is Fischer Market Place, a commerciaUretail development, and to the west of the site is the Stor-N- Lock self storage facility. The on-sale liquor component of the restaurant would not have an adverse impact to adjacent uses. The site plan submitted identifies a 400 sq. ft. outdoor patio area as part of this restaurant operation, which is a permitted accessory use within the planned development zoning district with the condition that adequate screening and physical barriers be installed if alcoholic beverages are to be served. The applicant provided screening plans for the proposed outdoor seating area. Chair Edgeton asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. No public comments were received. Chair Edgeton closed the public hearing with the standard remarks. It is the policy of the Commission to refrain from acting on ari item the same night as its public hearing, but because staff did not identify any outstanding issues and no public comments were received, staff recommended approval of the CUP. MOTION: Commissioner Hadley moved, seconded by Duff, to approve a Conditional Use Permit to allow for on-sale liquor in conjunction with a Class I restaurant for Lot 1, Block 1, Hillcrest Acres Second Addition, subject to the following condition: • Staff review and approval of the screening material and physical barriers for the outdoor seating area. The motion carried 4-0. B. Legacy Village Daycare Center -Subdivision, Planned Development Ordinance Amendment, and Site P1anBnilding Permit Authorization to Allow Construction of a Daycare Center Assistant Planner Margaret Dykes presented the request from The Hartford Group to amend PD-716, Zone 2, to allow for daycaze facilities, fmal plat subdividing one 5.89 acre lot (The Tuscany Apartment site) into two lots, and site plan/building permit authorization for an 8,750 sq. ft. daycare center. Dykes reported the subject property is zoned "PD-716, Zone 2" (Planned Development), which allows for high density apartment uses. The applicant is requesting an amendment to the planned development to allow for daycaze centers. Staff is supportive of an amendment allowing daycare facilities as long as the amendment is consistent with the language in PD-739, which is the zoning ordinance governing the bulk of the Central Village Plan area. This development is also part of the Central Village Plan. Dykes reported the proposed building is one-story with atwo-story element on the north end of the building. The Central Village Plan and the zoning ordinance state buildings must be at least two stories. The applicant submitted a final plat that would be called The Legacy of Apple Valley 4"' Addition, which shows the subdivision of the existing 5.89 acre lot into two lots. Lot 1, the Tuscany Apartment site, will be 5.21 acres and Lot 2, the daycare center site, will be .68 acres. Since the use requires an amendment to the planned development zoning ordinance, staff does not support subdivision of the property unless the proposed building complies with the staff recommended changes to the zoning ordinance. In addition, there must be additional parking spaces provided on site for the daycare center. The site plan shows aone-story building with a footprint of approximately 6,300 sq. ft., with the main entrance located in the northeast corner, with doors facing north and east. The building would be located 25-50 feet from the property line due to the location of a drainage and utility easement. Total building coverage is 22%; total hardscape coverage is approximately 55%. Dykes reported the shared pazking model the applicant submitted shows sufficient parking for all uses in this area. The area requires 532 parking spaces; the plan shows 517 parking spaces. The applicant is using on-street parking as part of the submitted parking model. The City's Traffic Consultant, Glen Van Wormer, has reviewed the model and has serious concerns about the model's assumptions. Since almost all of the surface parking on the site will be used by Tuscany Aparhnents and Lebanon Valley Apartments, there would not be sufficient parking for the day care. With the shared parking model submitted, Van Wormer stated it would be very difficult to find 15 parking spaces that could be used by the daycare center. Van Wormer states there must be additional pazking spaces provided for the daycare. 3 The City's Engineer had no grading concerns and the City's Natural Resources Coordinator had no concerns regarding the landscape. Chair Edgeton stated that even though the building is not a full two-story building as required in the Central Village Plan, she feels the building meets the spirit and intent of the ordinance. Chair Edgeton and Commissioner Hadley asked Dykes about the possibility of the play area being located on the roof in an effort to meet the design guidelines. The guidelines in the Central Village Plan do not allow outside play areas. Dykes responded that a rooftop play area could be explored. Edgeton stated that if the play area were on the roof, it could also increase the parking allocation. Commissioner Duff concurred. Bill Griffith, representing the applicant, stated that the applicant would revise the plans and address the Commission's concerns, in particular with regards to parking and the roof-top play area. Griffith also requested the City's Attorney review the design guidelines in regard to prescribed height. Griffith's opinion is that the design guidelines are not a prescription for every building to have a minimum height. Edgeton responded that the guidelines are clear, and that the City's Attorney has had ample time to review them, and is legally right to specify the requirements of the guidelines. In regards to the parking, Griffith stated the parking formula used is the same formula used for retail. Griffith indicated the 10 spaces along Founders Lane were not included in the parking calculations. He indicated that he expects some of the daycare clients to be walk-ups from residents living in the Central Village area which would reduce the need for parking. Chair Edgeton requested the applicant think about after-hour events held at the daycare when there would be a large group of parents looking for parking. Chair Edgeton asked if anyone from the public would like to address the Commission and if so, they may do so at this time. Gene Pedersen, 14411 Flora Way, wanted to know how many children the daycare would be licensed for, the ages of the children, and the. parking space that would be dedicated to the daycare. Dykes responded there would be around 110 students ranging from infant to preschool and 28 required parking spaces. Chair Edgeton closed the public hearing with the standard remarks. Chair Edgeton directed staff and the applicant to continue working on the issues brought forth during this hearing. 6. A. Harmony Commons -Subdivision of 28.5 Acres for Future Commercial Development and Site Plan/Building Permit Authorization Assistant Planner Mazgaret Dykes presented the request from Winkler Properties, LLC, New Century, Inc., and Wensmann Realty, Inc., for subdivision of 26 acres into 21 lots for residential and commercial development and one outlot for a stormwater pond. Chair Edgeton asked how can the applicant request site/plan building authorization on property they do not own. Dykes reported that the applicant is only requesting subdivision as this time and that the title on the Agenda is incorrect and should read as follows: Harmony Commons -Subdivision of 28.5 Acres for Future Mixed Use Commercial and Residential Development. hi addition, Dykes stated the Petitioners are Winkler Properties, LLC, and New Century, Inc. Dykes reported the applicant wishes to subdivide three existing parcels totaling 27 acres. The plat shows the dedication ofright-of--way for Founders Lane as required by the City's subdivision ordinance. Private streets and/or drives will handle all internal circulation of vehicles. The proposal will require cross-access and cross- parking easements to be filed with the plat. It appears that the general street layout and traffic circulation complies with all applicable City codes and policies. The applicant wishes to dedicate a public street that is currently private that gives access to Culvers and Galaxie Commons. Land for parks must either be dedicated or in lieu of parkland dedication, money must be dedicated for the purchase of parkland. The applicant proposes to subdivide the parcel north of 153rd into 91ots, with Lots 1- 7, Block 1; being used for rowhouse type townhouses and three-story condominium buildings. Lots 1 and 2, Block 1 are to be used for multi-story, multi-use buildings fronting 153`aStreet, with the first floors used for retail, office, or commercial uses, and the second stories used for apartments or offices. The parcels south of 153rd Street are shown to be subdivided into 121ots and one outlot. Lots 1-3, Block 3 will have multi-story use buildings with uses that may include a bank, a hotel, a restaurant, and small retail operations. Lots 1-4, Block 4 will also be multi-use, multi-story buildings. Lots 1-3, Block 5, will be used for three-story condominium buildings. Lots 1 and 2, Block 6 would be used for row- housetype townhouses. Lot 1, Block 7 will be used for multi-use, multi-story buildings. Outlot A would be used for a stormwater pond. Dykes reported the applicant is not requesting site plan building permit authorization at this time, but rather providing some preliminary details regarding the types of uses, buildings, and other general site information. The plan is broken down into two sections: The property north of 153`a Street, and the property south of 153`a Street. North of 153rd Street shows 64 two-story, double-loaded rowhouse style townhouses in this area, and two, 20-unit condominium buildings. The total number of dwelling units in this area is 112, with density approximately 18 units per acre. All units have underground garages. Two access points on 152"d Street provide access to the underground garages. All other underground garages can be accessed from a private street bisecting the area. All buildings front other residential buildings or public roads. South of 153rd Street shows 16 double-loaded, rowhouse-style townhouses, and two 30-unit condominium buildings. Both housing products are similar to those located north of 153rd Street, with density approximately 24 units per acre. These buildings front a public road and have underground garages. In addition, there are eight commercial buildings proposed in this area, one being a bank. with drive-up teller service on the corner of 153`d Street and Galaxie Avenue. The drive-through lanes exit onto Galaxie Avenue, which does not comply with the zoning ordinance. The City Engineer has reviewed the grading and utility plans and has some minor issues with the mass grading. In addition, the City will be designing a stormwater pond, a lift station and utility plans. A Storm Sewer District agreement will be necessary for the on-going maintenance of the stormwater. Elevations for the townhouses indicate the buildings will be a mix of Hardie panel lap siding and shingles, brick, and stucco, with each unit having a different fagade from the others on the same building face. Colors have not yet been chosen, but the applicant has indicated there will be a variety of colors. Decorative features include wrought iron railing, bay windows on the sides of the units, and lintels. Each unit will have a front porch. The condominiums will be composed of brick and stucco. Exterior units will have a bay window, and a patio or deck. Elevations were not submitted for the commerciaUapartment buildings. Dykes has informed the applicant that elevations will be required at the time of site plan/building permit authorization. Gene Pederson, the applicant, displayed building renderings showing that the buildings would be two-to-three stories high and appear to be a mix of stucco and brick, with some having stone accents. Dykes reported the public hearing for this project was held on November 5, 2003. A number of issues and concerns were raised by the Commission. The applicant has made major changes to the plan since the public hearing. Staff is comfortable with the changes but would like to give the Commission time to review them. Therefore, no action is requested on this Agenda item. Chair Edgeton informed the applicant that she would prefer to see green space wherever possible instead of streets. She is appreciative of the underground parking component submitted. Commissioner Churchill stated that in regards to the City selling some of the parkland, she would like to make sure the residents close to the pazk are aware of the City's intentions to sell. Commissioner Duff asked how much of the land is park land. Dykes responded 5 acres. Duff also would like clarification from staff between the definition of a park and a stormwater sewer pond. Dykes responded they both actually go together. Gene Pedersen, of New Century, Inc., indicated that he plans to make a walking trail along the park with gazebos. Commissioner Hadley inquired as to whether another public hearing would be necessary due to the significant changes in the plan. Michael Dougherty, City Attorney, indicated another public hearing would be necessary, however, staff didn't feel the changes were significant enough to warrant another public hearing. Dougherty will discuss this issue with staff and make a determination. A. Cub Food Fuel and Wash Sketch Plan Assistant Planner Kathy Bodmer presented a sketch plan review from Supervalu, Inc., of fuel sales and a car wash on the Cub Foods site located at 1.5350 Cedar Avenue. Bodmer reported that no official action is need on this item. The petitioner is merely seeking feedback regazding this request. Supervalu, Inc., proposes to construct a gasoline sales and car wash azea on the Cub Foods site located at 15350 Cedar Avenue. The site plan shows the construction of five gasoline pump islands, an overhead canopy, a 1,560 sq. ft. car wash and a 250 sq. ft. kiosk/restroom building. Two potential locations for the fuel and wash areas are shown on the plan. Alternative A places the gasoline sales and car wash on the northwest comer of the site, and Alternative B places it on the northeast corner of the site. Bodmer reported the applicant has indicated that gasoline sales in conjunction with grocery sales is a new market trend they would like to incorporate into their Apple Valley Cub Foods store. The applicant also stated that a Cub Foods store will be opening in Lakeville in March of 2004, and they predict it will take sales away from the Apple Valley Store. The site plan shows alternative locations for the fuel and wash areas, along with the tanker circulations movements. The applicant proposes to accommodate the fuel and wash area by restriping the parking lot to have 9.0 feet wide pazking spaces instead of the current 9.5 feet wide spaces that are a majority of the current lot. A total of 518 pazking spaces are required with the existing store and the proposed gas and car wash sales area. A total of 515 spaces would be created if the lot is restriped. Additional parking spaces are provided at the pump islands to meet City requirements. The car wash building would also have to be shifted east to meet the 50' setback requirement from Cedar Avenue. It is currently 20' from the west property line. Bodmer reported the property is located within the "RB" (Retail Business) zoning district. There are several zoning code issues with the request. The code currently requires a conditional use pernut (CUP) in order to construct a "motor fuel station" in an RB zoning district. h1 addition, the code does not currently have a provision which allows the sale of gasoline in conjunction with a grocery store in the RB zoning district. Further, the code further requires a CUP to construct a car wash, with the requirement that it be in conjunction with an accessory to a motor fuel operation. The car wash must be entirely "incorporated into the primary structure." The kiosk is 250 sq. ft.., while the car wash building is 1,560 sq. ft., which is clearly not an accessory to the kiosk building. In order to meet City code, the car wash would have to be incorporated into the Cub Foods building, which would not be desirable. Lastly, City code states "There shall be no more than one principal building on one lot, except when specifically approved by the City." Presently, the grocery store is the primary use and the primary building. A separate lot would have to be created for gasoline sale and a car wash, and the code would need to be revised to allow gasoline sales and a car wash in conjunction with a grocery store. Bodmer provided examples of other surrounding areas where there is a trend for large scale retailers to provide gasoline sales in conjunction with their store. However, Bodmer noted that it should be expected that other large retailers in the City will want to provide gasoline sales and car washes if the ordinance is amended to allow them as accessory uses. Craig Mevissen, representing the applicant, addressed the Commission and indicated that Cub expects to lose sales in Apple Valley when the Lakeville store opens, and are hoping to recapture some of the lost sales by offering gasoline and a car wash. Chair Edgeton suggested that Mevissen review the lost sales after the Lakeville store has been open for a year to see if that actually is the case. Chair Edgeton also stated that with all of the high density development in process in Apple Valley, she does not foresee the store losing. sales. Commissioner Churchill stated that she does not think that adding gasoline sales and a car wash will increase sales but in fact, might have just the opposite effect due to the increased activity on the site. She is not in favor of restriping the lot, thereby making narrower parking stalls in order to accommodate this project. The consensus of the Commission is they are not in favor of amending the zoning to accommodate this proposal. C. Legacy Village North -Sketch Plan Review for Proposed Subdivision of 26.6 Acres to Allow for a Mixed Use Development City Planner Tom Lovelace presented the sketch plan review for Legacy Village North from the Hartford Group, Inc., for a mixed use development on approximately 27 acres located in the Central Village. The plan calls for five 4-story buildings along the east side of Galaxie Avenue; six office condominium buildings located along the north side of 153rd Street West and the west side of Foliage Avenue; and nine multi-family residential buildings located in the north and central part of the parcel. As proposed, the development project would create 62,300 sq. ft. of retail, 173,500 sq. ft. of office condominium space, a 400 multi-family residential dwelling units, and a 1.8 acre park. Lovelace reviewed each building, type of use, and the square footage, block by block. Lovelace also pointed out the inconsistencies of the preliminary plans for Legacy Village North with the approved Central Village Plan. Major issues include the reduction of parkland and the functions it would serve, the location of the park, the area dedicated for residential housing primarily now allocated for office condominium, the termination of the parkway at 152-1/2 Street West, the types of housing products, lack of variety of housing, and the street network. The Planning Commission informed staff that it would be helpful in the future that when comparing a proposal to the Central Village Plan, the block number should be identified on the proposed plan to make it easier to cross-reference. Bill Griffith, representing the applicant, stated that the most significant change in the proposed plan in comparison to the Central Village Plan is underground parking. Griffith indicated there will be 1,000 underground parking spaces. Griffith also reviewed the proposed plan in detail and identified the use of each building, the proposed square footage, and the number of stories. Chair Edgeton indicated that overall she is pleased with the proposed plan even though it is not precisely what the design guidelines state. Edgeton is pleased with the different housing types and likes the office/condominium concept along Foliage Avenue. She would like to see more retail with office above in Buildings 10 and 11 more along the lines of Buildings 1, 2, and 3. Commissioner Churchill stated she liked the office condominiums and requested Griffith explore the idea of adding 2nd floor condominiums above these in order to get the live/work component part of the plan. Churchill also indicated that she would like to see the parking facing 153rd Street eliminated on Building 1. In addition, a walk-through from Building 4-5 to the park located along 152nd Street was suggested. Questions regarding the park dedication arose. Staff must determine whether the pond located on the plan would be part of the park dedication to open space. The park also needs to be defined as to whether it would have organized activities or free play space. Griffith stated that he would take the Commission's issues and concerns into consideration when developing the project. The consensus of the Commission was positive with the sketch plan presented. 8. ADJOURNMENT MOTION: Commissioner Hadley moved, seconded by Churchill, to adjourn the meeting at 10:01 p.m. 10