HomeMy WebLinkAbout02/18/2004CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
FEBRUARY 18, 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: Karen Edgeton, James Hadley, Jeannine Churchill, Alan Duff, Tim
Burke and Tom Melander
Members Absent: David Schindler
Staff Present: Community Development Director Rick Kelley, City Attorney Sharon Hills,
City Planner Tom Lovelace, Assistant Planner Kathy Bodmer, Assistant Planner Margaret
Dykes, and Assistant City Engineer Jacob Fick.
2. APPROVAL OF AGENDA
Chair Edgeton asked if there were any changes to the Agenda. Community Development
Director Rick Kelley added Agenda Item 7 A. OTHER BUSINESS -Receive
Information on Transportation Forum. Chair Edgeton called for its approval as
amended.
MOTION: Commissioner Hadley moved, seconded by Churchill, to approve the Agenda.
The motion carried 5-Q, with Commissioner Burke abstaining.
3. APPROVAL OF MINUTES OF FEBRUARY 4, 2004
Chair Edgeton asked if there were any changes to the minutes. There being none, she called
for its approval.
MOTION: Commissioner Duff moved, seconded by Churchill, to approve the minutes of
February 4, 2004. The motion carried 6-0.
4. CONSENT ITEMS
A. Distinctive Homes Height Variance -Variance from Maximum Building Height
Requirement of 35 Feet to Allow Construction of a 40-foot Tall Single Family
Home
MOTION: Commissioner Burke moved, seconded by Melander, to approve the
consent Agenda. The motion passed 6-0.
5. PUBLIC HEARINGS
A. Cedar Knolls 2°d Addition -Proposed Subdivision of 3.4 Acres into 3 Lots and
Variance for Front Yard Setback
Chair Edgeton opened the public hearing with the standard remarks.
Assistant Planner Bodmer reported that the public hearing for this project was
opened on January 21, 2004. At that time, it was discovered that the property
description was incorrect and as a result, the list ofproperty owners within 350' of
the subject property were not notified of the hearing. The City has since notified all
of the property owners as required.
Bodmer presented the request from Independent Residential Construction Services to
construct two homes on the property located on the southwest corner of 130th Street
West and Germane Avenue. The applicant requests subdivision by preliminary plat
to create three lots, two for the construction of single family homes and the third lot
for the existing apartment buildings. Two variances are requested to construct one of
the homes 20 feet from the front property line and the other home 10 feet from the
front property line.
Several issues and concerns arose at the previous public hearing that was held on
January 21, 2004. Bodmer prepared a written response to the Planning Commission
regarding the issues and in addition, reviewed them individually at tonight's meeting.
Bodmer reported that in 1983 when 130th Street east of Germane Avenue was
constructed, the City approved a subdivision of the southern piece ofproperty from
the northern piece. However, Dakota County records indicate that the subdivision
was never recorded. Thus, the two portions of the property currently exist as a single
parcel.
A variance is requested due to the steeply sloped site with significant trees on the
west and south sides. The applicant requests a 10 foot front yard variance on Lot 1,
Block 1 to place the home 20' from the front property line. A 6.5 feet retaining wall
would be needed behind the home. On Lot 2, Block 1, the applicant is requesting a
20 foot front yard variance to place the home 10 feet from the front property line. A
13.5 foot retaining would be needed behind the home.
Chair Edgeton asked if a fence would be required for the 13.5 foot retaining wall.
Fick responded that the driveway would have to be on top of the retaining wall in
order for the City to require a fence.
At the previous meeting, Commissioner Schindler expressed concerns about the
number of car accidents surrounding that particular property. In regards to
Schindler's cornments, Commissioner Melander thinks that the proposed plan is a
"tough fit" for the property. Melander also stated that the home on Lot 2 would have
a large volume of water every time it rains. Assistant Planner Bodmer explained that
the applicant would have to do swales to alleviate potential water problems.
The applicant, Craig Wagenlmetch, stated that he feels the presence of a home on the
property would make drivers more cautious when approaching the curve. In regazds
to the variance, Wagenlrnetch stated that the variance is needed so that the
homeowner will not have a cumbersome driveway, it lowers the house significantly,
and because it would save more trees on the site.
Commissioner Melander informed Wagenlaretch that he is still concerned about the
water issue. Wagenknetch responded that the site would be damp-proofed with drain
tiles in the home and proper grading.
Chair Edgeton asked if anyone from the public would like to comment on the
proposed project.
Eric Lee, 12975 Garret Avenue, stated that he is concerned about drainage on to
130a' Street and traffic. Lee would like to see a cul-de-sac in this area. Assistant
Engineer Fick explained that the functionality of the road makes it impossible to
have a cul-de-sac. Lee also mentioned that the area had a plugged storm water sewer
coming from Garvinbrook when there was a 2-inch rain last year. Fick stated that
the City is aware of it and is monitoring it.
Assistant Planner Bodmer once again reiterated that the benefit of development is
that it has a cahning affect on traffic.
Chair Edgeton closed the public hearing with the standard remarks.
Bodmer stated that it is not the policy of the Planning Commission to act on an item
on the night of its public hearing, but since no additional questions were raised by
the Planning Commission, staff is recommending the Comrission take action on the
item. Bodmer stated that staff finds the requested subdivision of the property into
three lots meets the requirements of the ordinance and the variances aze appropriate
due to the hardship created by the steep hill in the rear yard of the home. Front
setback variances are also needed to help reduce the height of the retaining walls
proposed to be constructed.
MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend
approval of the preliminary plat of Cedar Knolls 2°a with the following conditions:
a. The retaining wall in the rear yards of Lots 1 and 2, Block 1, shall be
constructed with the anchors that are installed form the front of the
wall. Grading shall be minimized behind the retaining walls.
b. No site work shall begin until aNatural /Resources Management
Permit (NRMP) has been obtained from the Engineering Department
c. The NRMP shall be revised to include 8" caliper trees as significant
trees in the tree inventory list.
d. Six foot (6') sidewalk shall be installed adjacent to 130' Street on
both lots in accordance with the City's Trail and Sidewalk policy.
The motion carried 6-0.
MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend
approval of a 10' variance from the front yard setback of 30' from 130`h Street for
Lot 1, Block 1. The variance is recommended due to the hardship created by the
steep hill in the rear yard. The motion carried 6-0.
MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend
approval of a 20' variance from the front yard setback of 30' from 130' Street for
Lot 2, Block 1. The variance is recommended due to the hardship created by the
steep hill in the rear yard. A 20' variance will result in a maximum height of 13.5
feet for the retaining wall. The motion carried 6-0.
6. A. Dahle Oaks Natural Resources Management Permit (NRMP) -Consideration
of an NRMP for 7 Lot Single Family Subdivision
Assistant City Engineer Jacob Fick presented the Natural Resources Management
Permit request by Dahle Bros., for Dahle Oaks. Fick noted that on December 17,
2003, the Planning Commission recommended approval of the Dahle Oaks
development with one of the conditions subject to review and approval of the NRMP
by both the Planning Commission and the City Council.
The Commission specifically requested review of the following: Final house pad
locations; consideration of variances for Lots 4, 5 and 6 in view of the fact that the
cul-de-sac would be temporary; designation of grading limits; location of
conservation easements; and identification of additional custom trees. The developer
submitted revised plans that conform to these issues. Fick stated the most significant
change on the revised plan is that the cul-de-sac was removed and replaced with a
"hammer head" turn around.
Fick reported there are still a few modifications that still need to be made to the plan.
Fick has included these as conditions for approval in his report. In addition, Fick
listed in his report a breakdown of the financial security needed for the NRMP,
which amounts to $44,506.25.
A memorandum from Jeff Kehrer, the Natural Resources Coordinator, was also
included in the packet commenting on tree preservation, tree mitigation
requirements, tree protection fencing, tree removal and trimming, and the
conservation easement.
Fick reported staff is recommending approval of the NRMP with the conditions
outlined in his report.
MOTION: Commissioner Burke moved, seconded by Melander, to recommend
approval of the Natural Resources Management Permit (NRMP), with the following
conditions:
Heavy duty silt fence should be installed in place of regulaz silt fence
along the north side of the Right-of--Way.
The plan should show floating silt curtain in the pond from property
line to property line.
Additional "Conservation Easement" posts should be installed at the
termination points, i.e., along Galaxie Avenue and in the southeast
corner of the property.
The motion carried 6-0.
B. Harmony Commons -Subdivision of 19 Acres for a Future Mixed Use
Commercial and Residential Development
Assistant Planner Margaret Dykes presented the request from New Century, Inc.,
DCB Southport, LLC, and Winkler Properkies, LLC, for subdivision for
approximately 19 acres for residential and commercial development. Dykes reported
the revised plans are slightly different from the plans reviewed by the Planning
Commission on February 4, 2004, but staff determined that because the road layout,
the commercial component, and the housing types aze essentially the same as the
previous plan reviewed during the public hearing; an additional public hearing is not
required. Dykes informed the Planning Commission that the applicant is only
requesting a subdivision at this time.
Dykes reported the applicant has submitted a revised preliminary plat that shows the
subdivision of 19 acres owned by the applicant. The previous plans showed the
subdivision of three pazcels totaling 27 acres, one of which was aCity-owned
property and a storrnwater pond. The applicant proposed to purchase a portion of the
City-owned property for development. Staff discussed the sale of the City-owned
property with the City Council at its informal meeting on February 12, 2004. The
Council decided that further investigation of the City's options was necessary. The
applicant is not including any of the City-owned property at this time, although it
does show a layout with roads, buildings, and greenspace. In addition, the applicant
is only requesting subdivision of the land that they own.
The plat shows the dedication ofright-of--way for Founders Lane, 153rd Street,
Galaxie Avenue, and Garrett Avenue. Commissioner Churchill asked about the
alignment of the driveway that exits on Garrett in relation to it lining up with the exit
from the existing post office. Dykes reported that the post office is in the process of
changing their driveway. The proposal would require cross-access and cross-parking
easements to be filed with the plat. A private road that runs east/west is shown on
the City's stormwater site. The City-owned property cannot be constructed until the
City decides the disposition of the property.
The applicant is also requesting that the City accept as a public road the private road
west of the Galaxie Commons/Culver's restaurant site, known as Culver's road. The
road was constructed to City standards, and there is a 50-foot right-of--way shown on
the preliminary plat. Dykes reported staff is supportive of this.
The parcel north of 153`a Street would be subdivided into 10 lots. Lots 1-7, Block 1
will be used for rowhouse-style townhouses and three-story condominium buildings.
Lot 8, Block 1, is common greenspace. Lots 1 and 2, Block 2, are to be used for
multi-story, multi-use buildings fronting 153`a Street.
The parcels south of 153`a Street are shown to be subdivided into 11 lots. Lots 1-3,
Block 3, will have multi-story, multi-use buildings with uses that may include a
bank, a hotel, a restaurant, and small retail operations. Lots 1-4, Block 4 will also
have amulti-use, multi-story buildings with uses that may include a bank, a hotel, a
restaurant and small retail operations. Lots 1-4, Block 4 will also have multi-use,
multi-story buildings that may include a health club, a small grocery store, a deli, and
other small retail operations. Lots 1-3, Block 5 will be used forthree-story
condominium buildings and a small infiltration pond. Lot 1, Block 7 will be used for
amulti-use-multi-story building.
The preliminary plat also shows additional lots and blocks, and roads on the City
property. Lots 1 and 2, Block 6 will be used for row-house style townhouses. Lots
2-3, Block 7 will be used for multi-use, multi-story buildings. Outlot A is to be used
for a stormwater pond and passive park.
Chair Edgeton stated that she appreciates all of the hard work done by staff and the
developers on the original plans and the revised plans.
Dykes reported that staff is recommending approval of the proposal with the
conditions listed in her report.
MOTION: Commissioner Churchill moved, seconded by Duff, to recommend
approval of the subdivision Harmony Commons Addition, as shown on the
preliminary plat received in City offices February 11, 2004, excluding all City
property from the preliminary plat to the south of the subject property, subject to
compliance with all applicable City codes, and the following conditions:
a. Right-of--Way for 153`d Street West and Founders Lane must be dedicated
as a one-way coupler system as required by the Central Village Plan.
b. Cross-access and cross-parking and joint-ownership agreements for the
parking lots located on Lots 1 and 2, Block 2; Lots 1-3, Block 3; Lots 1-4,
Block 4; and Lot 1, Block 7, shall be executed and recorded with the fmal
plat. The subject agreements shall be submitted to the City for
verification prior to release of any building permits. Such agreements
shall not be amended or terminated without prior written approval by the
City.
c. Trailways and sidewalks that comply with City standards must be
constructed on the public roads and internal streets as required.
d. No building construction may begin until the City approves Site Plan
ReviewBuilding Perrnit Authorization for each structure or structures in
a particular phase.
e. Engineering designs and calculations must be completed to ensure that
complete infiltration of a 0.5-inch rainfall event will occur over the
project site in aggregate.
f. Drainage and utility easements shall be placed over all appropriate utility
connections.
g. The private road known as Culver's Road shall be dedicated as a public
road provided on-street parking is limited to one side only, and the head-
inparking spaces located on the west side of the Galaxie Commons
building shall be restriped so that they are diagonal.
h. A shared parking model shall be submitted prior to the City's approval of
site plan building permit authorization for any use within the subject
subdivision.
i. All public streets shall be constructed to City standards.
The motion passed with a vote of 6-0.
B. Legacy Village Daycare Center -Subdivision, Planned Development Ordinance
Amendment, and Site P1anBuilding Permit Authorization to Allow
Construction of a Daycare Center
Assistant Planner Margaret Dykes presented the request from the Hartford Group,
Inc., to amend PD-716, Zone 2, to allow for daycare facilities, final plat subdividing
one 5.89 acre lot (Tuscany Apartment site) into two (2) lots, and site plan/building
permit authorization for an approximately 14, 000 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 zoning to allow for daycare centers. Dykes stated
that staff is supportive of an amendment allowing daycare facilities as long as it is
consistent with the language in PD-739. PD-739 is the zoning ordinance governing
the bulk of the Central Village Plan area. Daycare facilities are permitted with a
Conditional Use Permit only in that zoning district.
The applicant submitted a final plat 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
0.68 acres. Staff is supportive of the subdivision provided the building is constructed
in accordance with the staff-recommended changes to the zoning ordinance, and the
revised site and building plans.
Dykes reported the building is two-stories on the north and south end and is 1.5
stories in the middle section of the building where a rooftop play area is located. The
rooftop play area is approximately 2,700 sq. ft. The rooftop play area has been
reviewed by the City's Building Official and he has no major issues. Staff suggested
a portion of the rooftop play area be "green". Chair Edgeton suggested staff check
and see if it is feasible to have a green rooftop considering the Minnesota climate.
The main entrance to the building is located in the northeast corner, with doors
facing north and east. The total building coverage is 24%; total hardscape coverage
is 56%. The stairwell exits needs to be modified to conform with building code and
the building must have sprinkler system per the City's Fire Marshal. The City's
Engineer and Natural Resources Coordinator have no major outstanding issues with
this proposal.
The proposed building must share accesses and parking with the Tuscany
Apartments and Lebanon Valley Apartments. The revised site plan shows eight (8)
additional parking spaces constructed for the daycare center located on the west side
of the building. The revised plan enabled staff to determine the required number of
parking spaces based on usable floor area. The total number of surface parking
spaces for this area is 218. All three uses in this azea require 529 spaces. The plan
shows 524 spaces, which leaves 5 spaces short. The City's Traffic Engineer has not
reviewed the revised plans but staff is comfortable that there will be sufficient
parking for all of the uses in this area.
Dykes stated that staff is recommending approval of this project with the conditions
outlined in her report.
Commissioner Churchill would like to see additional sidewalk connections added to
the plan, particularly for people parking azound the service entrance side of the
building.
Bill Griffith, representing the applicant, presented colored renderings of the building.
In response to the conditions for approval in staff's report, Griffith wanted the time
period in Item 2 changed from "one (1) year" to "two (2) years." Hills stated that
she would like the one year time period to remain and in addition, since a daycare is
not a permitted or conditioned use, she would like to change the language in 2c to
read "A use permitted under City code must be constructed and a ..." Hills also
amended item 2e to read "... in the event the use is not developed within two years
of fmal the final plat."
Griffith requested deleting Item 2d deleted entirely. City Attorney Hills stated that
she does not want to delete of item 2d because the City would have to incur legal
costs on the property to "unsubdivide". In regards to the one year versus two yeaz
time period in items 2c and 2d, Hills felt that one year was an adequate time period.
Griffith stated that two years would be needed because it could take that long to find
a developer since this is not a typical daycare building. Commissioner Churchill
stated that two yeazs would be nice but she is also concerned about the City's ability
to act if after one year there is no action on the project and the City wants to move
forward with something different. Coxnrnissioner Churchill recommended allowing
the City to review the project after one year and then granting a one year extension.
getting an opinion from other Planning Commission members, it was agreed to
change the time periods in Item 2c and 2d to two years. Griffith stated that he was
still not amenable to leaving 2d as one of the conditions for approval. He stated that
parking would not be built until after the primary is developed. The Planning
Commission directed an amendment to the recommendations in staff's report stating
that the attorneys continue working on substitute language for items 2d and 2e that is
both agreeable to the City and the developer.
MOTION: Commissioner Hadley moved, seconded by Duff, to recommend
approval of an amendment to "PD-716, Zone 2" to allow for daycare uses as a
conditional use. The ordinance amendment shall set forth the following conditions:
a. Any drop off/pick lane (if included) shall be located in the back of the
building and shall not have direct access from an arterial or collector
street.
b. Any drop off/pick up lane circulation pattern, including ingress and
egress, shall be designed not to have an adverse impact to overall
pedestrian and vehicular traffic of the area.
c. Recreational areas shall be located inside the building or on the roof
and shall be appropriately screened or fenced.
The motion passed 6-0.
MOTION: Recommend approval of the subdivision for The Legacy of Apple Valley
4a' Additon, as shown on the draft final plat received in City offices January 14,
2004, with the following conditions:
a. Cross-access and cross-parking easements between Lots 1-2; Block 1,
and between Lot 2, Block 1, The Legacy of Apple Valley 2na
Addition, shall be executed and submitted for verification by the City
prior to release of the building permit.
b. Drainage and utility easements shall be placed over all appropriate
utility connections.
c. A use permitted under City code must be constructed and a
Certification of Occupancy obtained within two (2) years of filing of
the final plat.
d. The applicant shall agree to waive any objection to the City obtaining
a court order to vacate the subdivision in the event the use is not built
on the site by two (2) years of filing of the final plat.
e. The applicant shall post a bond or letter of credit in an amount to
cover the City's costs in removing any additional parking installed or
court action in the event the use is not developed within two years of
filing the final plat.
f. Substitute language for conditions in (d) and (e) to accomplish those
said objectives if language is agreed to by both the City and
developer.
The motion passed 6-0.
MOTION: Commissioner Hadley moved, seconded by Duff to approve site
plan building permit authorization for an approximately 14,000 sq. ft. daycare
facility as shown on the submitted site plan dated February 9, 2004, subject to
compliance with all applicable City and State codes, and the following conditions:
a. The site plan shall be modified so that all surface parking spaces meet
City standards.
b. Not more than 7,200 sq. ft. of the building shall be used for
classrooms, offices, meeting rooms, reception areas, gymnasiums,
kitchens, or any other space intended to be occupied by children and
caregivers.
c. A building sprinkler system must be installed that conforms to City
standards.
d. No building permit shall be issued for Lot 2, Block 1, of the proposed
The Legacy of Apple Valley 4`s 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.
e. No Certificate of Occupancy, either temporary or final, shall be issued
until the 218 space shared parking lot and private drives are
constructed on Lots 1-2, Block 1, of The Legacy of Apple Valley 4a'
Addition, and on Lot 2, Block 1, The Legacy of Apple Valley 2na
Addition.
f. The use shall not be constructed until the planned development
amendment permitting daycare uses as a conditional use is approved
by the City Council, and a conditional use permit is obtained by the
applicant.
The motion carved 6-0.
7. OTHER BUSINESS
Community Development Director Rick Kelley invited Planning Commission members to a
forum sponsored by Dakota County on Transportation issues. The event is Thursday, March
11, 2004, from 7:30 -10:00 a.m., at Inver Hills Community College Liberal Arts Building,
Room 210. A brochure was distributed with details on the forum.
8. ADJOURNMENT
MOTION: Commissioner Duff moved, seconded by Churchill, to adjourn the meeting at
8:43 p.m.
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