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HomeMy WebLinkAbout05/05/2004CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 5, 2004 CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Vice Chair Jeamune Churchill Edgeton at 7:00 p.m. Members Present: Jeannine Churchill, David Schindler, Alan Duff, and Tom Melander Members Absent: Jim Hadley, Tim Burke, and Karen Edgeton Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, City Attorney Sharon Hills, and Assistant City Engineer Jacob Fick. 2. APPROVAL OF AGENDA Vice Chair Churchill asked if there were any changes to the Agenda. Community Development Director Kelly stated that Agenda item 4.A. Tussing Variance, should read as follows: Consideration of a Variance of 2 feet from the Required Front Yard Setback of 30 Feet to Allow Construction of a 12' x 22' Third Stall Garage. Vice Chair Churchill called for approval of the Agenda as amended. MOTION: Commissioner Schindler moved, seconded by Duff, to approve the Agenda. The motion carried 4-0. 3. APPROVAL OF MINUTES OF MAY 5, 2004 Vice Chair Churchill asked if there were any changes to the minutes. There being none, she called for its approval. MOTION: Commissioner Melander moved, seconded by Duff, to approve the minutes of May 5, 2004. The motion carried 3-0, with Commissioner Schindler abstaining. 4. CONSENT ITEMS A. Tussing Variance -Consideration of a Variance of 2 Feet from the Required Front Yard Setback of 30 Feet to Allow Construction of a 12' x 22' Third Stall Garage MOTION: Commissioner Schindler moved, seconded by Melander to approve the consent Agenda. The motion carried 4-0. 5. PUBLIC HEARINGS A. Wellhead Protection Plan -Phase 2 Vice Chair Churchill opened the public hearing with the standard remarks. Public Works Superintendent Carol Blommel presented an overview of Phase 2 of the City's Wellhead Protection Plan. The plan addresses the presence of certain hazardous materials within the most sensitive groundwater recharge zones located around the municipal well fields. The plan is part of the Water Supply and Distribution Plan and consequently, is part of the Comprehensive Plan. Phase 1 of the Plan idenfifled the areas of the wellhead recharge zones and the vulnerabilities of the groundwater in these areas based upon geologic formations and varying soil perrneability. Phase 1 was adopted in July 2003. Phase 2 is a document. which inventories the potential contaminant sources within these various areas and outlines a program to monitor these sources which Blommel discussed with the Commission in a PowerPoint presentation. Vice Chair Churchill asked Blommel about the location of the wells in the Mt. Simon-Hinckley Aquifer. Blommel stated that one is located near Johnny Cake Ridge Park and the other is at the City's Central Maintenance Facility. Blommel elaborated that the Department ofNatural Resources does not allow the City to use the wells for normal water use. The wells are reserved for emergencies in case the Jordan Aquifer is contaminated. Commissioner Melander asked if the presence of tritium occurs naturally and if it is a threat to the water supply. Blommel replied that the level of tritium is used to determine the age of water in an aquifer and thereby determine its potential vulnerability. Though some tritium does occur naturally, high levels of tritium in groundwater indicate the water is "young" and landed in the aquifer after testing of atomic weapons in the 1950s. Commissioner Melander asked Blommel to comment more on the 161eaking underground tanks. Blommel stated the Minnesota Pollution Control Agency monitors and tracks those tanks and none of them pose a problem to the municipal wells at this time. The City will follow-up and see if that number is still accurate. Regarding contamination, Blommel stated that the Minnesota Department of Health does annual testing of the water for different contaminants. The City contaminant level is at or below what is considered a safe level. Commissioner Duff asked if there will be another phase to the Wellhead Protection Plan. Blommel replied that the Plan consists of only two phases but when a new well is added, the plan has to be updated to include the new well. On-going review is also needed to maintain the best management practices. Commissioner Duff inquired as to who receives the Plan. Blommel stated it is reviewed by the Minnesota Pollution Control Agency, the Met Council, the watershed districts, and neighboring communities. After tonight's public hearing, the plan will then be forwarded to the Minnesota Department of Health, and then back to the City Council for final approval. Commissioner Duff asked about the City's policy regarding sprinkling bans to conserve water. Blommel stated that a ban is typically imposed when the City exceeds 70% capacity to supply water. Commissioner Churchill asked how long it takes surface water to get down to the 500 feet well level. Blommel replied it depends on the soil formation and the recharge area of the aquifer. Commissioner Churchill commented that with the recent ban of phosphorous fertilizer, was there any potential for phosphorus run-off getting into the drinking water. Blommel stated that any water that goes into the lakes, streams, and ponds has the potential of infiltrating into the drinking supply system, i.e., in a shallow well. The larger aquifers have confining layers of clay and solid rock that should prevent this problem. Blommel wanted to point out that Barr Engineering, who represents the Black Dog Watershed, also reviewed and commented on the plan. The letter was omitted accidentally from the report. It will be included as part of the overall review. Vice Chair Churchill asked if there were anyone from the public had any comments or concerns and if so, they may speak at this time. No comments were received from the public. Though it is the policy of the Planning Commission not to act on an item the same night of the public hearing, staff recommended approval of the draft Phase 2 Wellhead Protection Plan because no comments were received from the public and the Planning Commission had no outstanding issues. MOTION: Commissioner Duff motioned, seconded by Schindler, to approve the Phase 2 Wellhead Protection Plan, with the addition of the comments received from Barr Engineering representing Black Dog Watershed. The motion passed 4-0. B. Hillcrest Acres 3rd Addition -Consideration of a Zoning Amendment to Allow Class II Restaurant Drive-thru Facilities in a Mulfi-tenant Building, Consideration of Lots 3 and 4, Block 1, HILLCREST ACRES, and Site P1anBuilding Permit Authorization to Allow Construction of a 10,207 sq. ft. Retail Building City Planner Tom Lovelace presented the request from New World Enterprises, Ltd., for an amendment to Section A25-(2)(6) of "PD-679" (Planned Development) zoning ordinance to allow for drive-thnr facilities in conjunction with a Class II restaurant; approval of the consolidation of Lots 3 and 4, Block 1, of Hillcrest Acres into one lot; and construction of a 10,207 sq. ft. retail building with 100 surface parking spaces on a 2.64 acre site. Lovelace reported that the planned development ordinance currently allows for drive-thru facilities in conjunction with a freestanding Class II restaurant as a conditional use. The proposed zoning amendment would be subject to the same conditions as are currently listed, which are that no more than two restaurants shall 3 be allowed, and orientation and screening of the drive-thru shall be approved by the City Council. The applicant is also requesting site plan building permit authorization approval for the construction of a 10,207 sq. ft. multi-tenant building on a 2.64 acre site (hots 3 and 4, Block 1, HILLCREST ACRES). Because the building will straddle the two existing lots, it will be necessary to combine them to create one lot of record prior to any construction. The building, as designed would be constructed over existing drainage and utility easements. The City does not allow construction within a drainage and utility easement so it will be necessary for the applicant to vacate the easements within the two lots and reestablish easements along the inside perimeter of the new lot lines. The plan identifies 100 surface pazking spaces which exceeds the minimum required number of 58 parking spaces for a building of this size. Two restautants aze identified but no seating numbers are listed. Lovelace reported the number of restaurant seats may impact the number of required pazking spaces for the size of the restaurants. Lovelace reported the site has been graded as part of the mass grading for the Hillcrest Acres/Home Depot development. Minimal grading will be needed to accommodate this plan. The City Engineer has reviewed the plan and has not identified any significant issues. An exterior finish having a combination of brick, stucco, and rock face block is proposed for the building that is similar to the existing perimeter buildings in the Hillcrest Acres development. The exterior materials and features are in compliance with the planned development ordinance and city codes. The landscape plan has been reviewed by the City's Natural Resources Coordinator and his comments are outlined in a memo included in the Commission's packet. Revisions should be made as outlined in the memo. Glen Van Wormer, the City's traffic consultant, addressed the Commission and identified several major issues with the proposed development layout. Van Wormer discussed and diagramed several problems with the layout of the buildings in comparison to streets and parking layout. Van Wormer's conclusion is that major revisions to the layout will be necessary. Eric Pedersen, of New World Enterprises, addressed the Commission and stated that he is willing to work with staff to come up with a better site layout and in particular, address the traffic issues raised by Van Wormer. Vice Chair Churchill asked if anyone from the public had any comments or concerns and if so, they may address the Commission at this time. No comments were received from the public. Vice Chair Churchill closed the public hearing with the standard remarks. It is the policy of the Planning Commission not to act on an item the same night as the public hearing. The Commission suggested the applicant continue working with staff on the site layout and traffic issues. C. Hillcrest Acres 4th Addition -Consideration to Subdivide Lot 7, Block 1, HILLCREST ACRES, into Three (3) Commercial Lots and Site Plan/Building Permit Authorization to Allow Construction of Two (2) Multi-Tenant Retaff Buildings and a Restaurant Vice Chair Churchill opened the public hearing with the standard remarks. City Planner Tom Lovelace presented the request from New World Enterprises, Ltd., for subdivision and site plan building permit authorization for an 8.47 acre site located along the east side of Foliage Avenue, south of 150th Street West. The subdivision request involves the splitting of an existing lot (Lot 7, Block 1, HILLCREST ACRES), into three lots for the purpose of constructing two multi- tenant retail buildings and one freestanding restaurant. Lovelace reported the applicant is proposing to construct a 9,638 sq. ft. retail building on 1.93 acre Lot 1. The multi-tenant building would be the location of a 2,476 sq. ft. restaurant with adrive-up window located on the north end of the building. The planned development ordinance does not currently allow drive-up windows in a multi-tenant building. The applicant has requested an ordinance amendment to allow for this use. Lot 2 will be the location of the 10,500 sq. ft. Golden Corral restaurant, and Lot 3, a 5.03 acre site, will be the location of a 12,384 sq. ft. retail building. No elevations were submitted for the buildings on Lots 2 and 3. The minimum number of parking spaces required for this development is 278. The plan identifies 262 pazking spaces, which is 16 short of the required number. The number of handicapped parking spaces does meet the City code. Trash enclosures for two of the buildings have been identified. One of the enclosures is to contain a sign area. No signage on trash enclosures is allowed. The exterior finish of colored rock face block for these enclosures appears to be compatible to the buildings' exterior finishes. A trash enclosure for the restaurant was not identified on the plan. Lovelace reported the site has been graded as part of the mass grading for the Hillcrest Acres/Home Depot development. Minimal grading is needed for the proposed building and parking lot. The City Engineer has reviewed the plans and has not identified any significant issues. The City Engineer has reviewed the utility plan and had listed several concerns that need to be adequately addressed before staff can recommend approval of this prof ect. The applicant indicated that they would like to keep the draining and sewer private. Building elevation plans were submitted for Building "A" only. The plan indicates an exterior fipish having a combination of brick, stucco, and rock face block, which is similar to the existing buildings in the Hillcrest development. The building will also have the second story facade with false windows and window shutters and awnings above the first floor similar to the existing buildings in the development. The Natural Resources Coordinator has reviewed the plan. The applicant should revise the plan per his comments. Glen Van Wormer, the City's Traffic Consultant, addressed the Commission on the layout of the site in regards to traffic. Van Wormer diagrammed several scenarios that would negatively impact traffic. Based upon his review and discussions with the Commission, staff determined that the site has major problems and the entire plan needs to be redesigned. The revisions may have an impact on whether adrive-up window is appropriate for the plan. A pylon sign at the intersection of the Foliage Avenue and south drive was identified on the plan. The planned develop does not allow for pylon/monument signs for individual lots. An amendment to the zoning ordinance would be necessary to allow for the sign. No master sign plan has been submitted to the City. Vice Chair Churchill asked if anyone from the public would like to speak and if so, they may do so at this time. Kim Barker, of 15271 Florist Circle, addressed the Commission. Barker wanted to know how far the road would be from her existing development. Barker would like the applicant to be cautious and respect the neighbors surrounding the proposed development. Barker indicated they presently have a good relationship with the existing Home Depot and it is their hope that the new neighbors will consider their needs. Barker is also concerned that the area on Foliage between 150' and 151st Streets West is getting a little congested. Eric Pedersen, representing New World Enterprises, stated that they have heard the concerns and issues of the Commission and staff and will continue to work on the plan to address these concerns. Vice Chair Churchill closed the public hearing with the standard remarks. The Commission concluded that the plan needs a lot of revisions and suggested the applicant continue working with staff to address the issues. 6. LAND USE/ACTION ITEMS A. Midtown Village Community Center -Site PlanBuilding Permit Authorization to Allow Construction of a Community Center fora 272-unit Multi-family Residential Project City Planner Tom Lovelace presented the request from Wensmann Homes for site plan review/buildingperrnit authorization to allow construction of a 4,162 sq. ft. community building on a .93-acre lot. The site is located in the first phase of Midtown Village, a 20-acre site, 272 multi-family residential development located in the southeast corner of 1450' Street West and Foliage Avenue. Lovelace stated the community center will consist of a 1,800 sq. ft. pool, a 1,932 sq. ft. basketball court, a 1,500 sq. ft. children's play area, and 1,150 sq. ft. volleyball court on a .93 acre lot. A decorative patio, partially coveted, will be installed around the pool, which will be surrounded by asix-foot high aluminum fence. A total of 55 on-street parking spaces will be located within 350 feet of the community center, which is sufficient for the site. A gated brick trash enclosure will be located along the west side of the building will be adequately screened. Lovelace stated the overall grading of Midtown Village has been completed and minimal grading of the community site would be needed. Municipal utilities will commence in May. The City Engineer has reviewed the plans and has no outstanding issues. The elevations identify a combination of brick and stucco for the exterior finish of the building. The materials compliment the residential buildings in the development. The plan does not indicate what will be in the mechanical and pool equipment rooms. Any mechanical equipment for the building and pool will need to be properly screened in accordance with City code. The landscape plan has been reviewed by the Natural Resources Coordinator. The applicant should make revisions per his recommendations. Tom Wensmann, representing the applicant, was available for questions and/or comments but the Commission had none. Commissioner Melander commented that the building plans are very nice. MOTION: Commissioner Melander moved, seconded' by Duff, to approve the site plan building permit authorization fora 4,162 sq. ft. recreational building, pool, children's play area, basketball court, and volleyball court, on Lot 1, Block 3, WENSMANN 13'~ ADDITION, subject to the following: • The applicant shall make the necessary revisions to the landscape plan per the Natural Resources Coordinator's recommendation. The motion passed 4-0. OTHER BUSINESS None. 8. ADJOURNMENT MOTION: Coxnxnissioner Duff moved, seconded by Schindler, to adjourn the meeting at 8:49 p.m.