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HomeMy WebLinkAbout07/14/2004CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JULY 14, 2004 1. CALL TO ORDER The City of Apple Valley Planning Commission meefing was called to Order by Chair Kazen Edgeton at 7:00 p.m. Members Present Karen Edgeton, Alan Duff, Jeannine Churchill, David Schindler, Jim Hadley, and Tom Melander Members Absent: Tim Burke Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, City Attorney Bob Bauer, Associate City Planner Kathy Bodmer, Associate City Planner Mazgaret 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Rick Kelley made the following amendments to the Agenda: Item 4.A. Front Yard Setback Variance for Future House, was withdrawn by the Petitioner. Item S.B. should read as follows: Wallace Park -Comprehensive Plan Amendment to "P" (Park) and Rezoning to "P" (Institutional) MOTION: Commissioner Duff moved, seconded by Hadley, to approve the Agenda as amended. The motion carved 6-0. 3. APPROVAL OF MINUTES OF JUNE 16, 2004 Chair Churchill 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 the June 16, 2004. The motion carried 6-0. 4. CONSENT ITEMS A. Front Yard Setback Variance for Future House Withdrawn by the Petitioner. 5. PUBLIC HEARINGS A. Wallace Park -Comprehensive Plan Amendment to "P" (Park) and Rezoning to "P" (Institufional) Chair Edgeton opened the public hearing with the standard remarks. Associate City Planner Margaret Dykes presented the request from the City of Apple Valley for Comprehensive Plan Amendment from "LD" (Low Density Residential/0- 6 units per acre) to "P" (Park), and a rezoning from "R-3" (single family residential/min. lot size of 11,000 sq. ft.) to "P" (Institutional) for Wallace Park. Wallace Park is located northeast of the intersection of Pennock Avenue and 138th Street West. Dykes reported that at the June 24~' City Council meeting, Bart Porter of Bart's Homes, asked to purchase approximately 2.1 acres of City-owned property adjacent to Wallace Park in order to develop 13 acres ofprivately owned property adjacent to Wallace Pazk. The land would be used to develop additional single family lots and to extend Gossamer Way to 138c' Street West. The City Council voted unanimously not to sell the requested land to Mr. Porter for his development. In addition, the Council directed staff to amend the Comprehensive Plan so that the properties would be designated "P" (Park), and rezone the properties to "P" (Institutional), which would make the comp plan designation and zoning consistent with the actual use of the property. Chair Edgeton asked if anyone from the public would like to address the Commission, and if so, the may do so at this time. No comments were received from the public. Chair Edgeton closed the public hearing with the standard comments. Chair Edgeton stated that it is the policy of the Planning Commission not to act on an item the same night as its public hearing. However, since no adverse comments were received from the public and the Commission has no outstanding issues, staff is recommending approval of the proposal. MOTION: Commissioner Melander moved, seconded by Churchill, to recommend approval of a Comprehensive Pan Amendment changing the designation of Wallace Pazk and the adjacent City property from "LD" (Low Density ResidentiaUO-6 units per acre) to "P" (Park). The motion carried 6-0. MOTION: Commissioner Melander moved, seconded by Churchill, to recommend approval of a zoning change from "R-3" (Single Family Residential/min. lot size of 11,000 sq. ft.) to "P" (Institutional). The motion carried 6-0. B. Dick's Valley Service- Conditional Use Permit for Outdoor Storage of Vehicles and Site Plan/Building Permit Authorization Chair Edgeton opened the public hearing with the standard comments. Margaret Dykes presented the request from Dick's Valley Service for site plan building permit authorization fora 17,640 sq. ft. building, and a conditional use permit for outdoor storage of vehicles. Dykes reported that Dick's Valley service is considering moving from its current location to two platted parcels located northwest of the intersection of Foliage Avenue and 146a` Street West. The lots are zoned "I-2" (General Industrial), which allows for automobile service and repair facilities with outdoor storage as a conditional use. The proposal requires replatting and the vacation of drainage and utility easements on the subject properties. The applicant is requesting a Conditional Use Permit (CUP) for outdoor storage of vehicles. The "I-2" zoning district allow for outdoor storage of vehicles provided they are screened. The plan shows an 8' high fence but does not indicate the type of fencing materials. The plan shows an approximate 17,700 sq. ft. building to be used for auto repair. The building meets the setbacks. The parking is adequate with 86 spaces. Fifty-nine spaces are required. The parking lot is 36,500 sq. ft. The site plan shows an area for future parking that will contain 84 parking spaces. The applicant states this area will be undisturbed and the existing vegetation will be mowed until the future parking area is needed. Both the City Engineer and Natural Resources Coordinator have reviewed the plan. The Natural Resources Coordinator has recommended that additional landscaping material be added to soften the appearance of the building and storage area. The elevations show the building will be composed of precast concrete panels with a smooth band of concrete running along the top third of the building, with 14 overhead garage doors to accommodate the repair bays. Chair Edgeton asked if anyone fonn the public would like to address the Commission, and if so, they may do so at this time. Dave Stauseth, 14356 Flora Way, stated that he is concerned about signage and lighting as it relates to the property being next to a residential area. Chair Edgeton informed him that the City has specific standards that must be adhered to regarding signage and lighting. Dykes also responded that signage would not be allowed on the north and east side of the building. Jim Laurie, 14464 Flora Way, questioned the hours of operation, entrance to the property off of 146a' Street West, fencing materials and the height of the fence. Laurie also asked if tow trucks are allowed to be parked on the street and if a vehicle can be hooked up to the tow truck while it is parked on the street. Laurie stated that in regards to the additional parking on the north side, he would like to see some landscaping. Sanjay Dutt, 14376 Flora Way, stated that she is concerned about the future parking lot on the north side, night time towing, and traffic. She stated there are several children in the area and she is concemed about safety. Chair Edgeton requested staff to prepare traffic counts. Shipa Dutt, 14376 Flora Way, is concerned about the entrance to the future parking area. Dutt would like to prohibit parking along 145a' Street. Commissioner Melander stated that with the proposed expansion, he feels there will be less parking of tow trucks on the street due to the proposed expansion. He feels that one of the reasons the applicant is expanding is because of insufficient space at his current location. Commissioner Churchill asked if the future parking area could be landscaped and if berming would be a good alternative for the north end of the parking lot. Chair Edgeton and other members of the Commission are concerned about the appearance of the lot and the overall proposal since there is residential property surrounding it. The Commission would like to see more berrning and landscaping around the entire area to soften the transition. Jack Grottkin, representing the applicant, asked about the approval process for this plan. Chair Edgeton explained that the process. Grottkin stated that he has heard the comments and concerns tonight raised by the public and the Commission and will continue working on the plans with staff. Chair Edgeton closed the public hearing with the standard remarks. *Commissioner Duff left the meeting at 8: 00 p.m. C. Hazelwood Subdivision -Rezoning and Subdivision by Preliminary Plat Into Six Single Family Lots Chair Edgeton opened the public hearing with the standard remarks. Associate City Planner Kathy Bodmer presented the request from Miles Development for a rezoning from "A" (Argiculture) to "R-CL" (Residential Cluster) and subdivision by preliminary plat to create 61ots for single family development. The 5 acre parcel is located at 13955 Diamond Path. The petitioner wishes to rezone the property to "R-CL" (Residential Cluster) so that the front yard setbacks for the lots can be reduced from 30' down to 25'. All of the other "R-3" zoning requirements of the R-3 (Single family, min. lot 11,000 sq. ft.) would be used. The property is proposed to be subdivided into six single family lots. Duluth Court will be extended from the west and terminate in a cul-de-sac in the development. The plat shows that right-of--way will be dedicated for 140th Street West and Diamond Path (County Road 33). Because the plat is adjacent to a Dakota County Road, it is subject to the County's Contiguous Plat Ordinance. The County will need to review and approve the plat before it is filed wit the Recorder's Office. Bodmer reported the site contains a low area on the north side of the development that was found to not be a wetland. An infiltration area will be created on the north side to drain off storm water from the development. The grading of the site will result in the loss of significant trees, so tree mitigation will be required. Jeff Kehrer, the City's Natural Resources Coordinator, reviewed the tree plan and notes that the majority of the trees are box elders and elms. He indicated that the tree survey should be revised to indicate which elm trees are in poor health or condition. The survey states that the ehns are not considered significant. Kehrer stated that ehn trees as a species are not excluded from the significant tree count. Ehns that are in good health and good form must be counted toward the tree mitigation amount. Bodmer reported that an escrow was taken for the construction of trail along 140th Street when Summerfield was developed. Hazelwood would be required to construct trail adjacent to their development along 140th Street West and provide an escrow for the future construction of trail along Diamond Path.. Assistant City Engineer Jacob Fick stated that there will be some grading issues to addressed, for example, the possibility of constructing an infiltration area on the northeast corner of the site. The safety and long term maintenance of the proposed 10 ft. high retaining wall will also need to be explored. Lynn Gionelli and Mark Gergan, representing Miles Development, addressed the Commission. They stated they had a neighborhood meeting attended by seven households. There was no opposition in regards to the project. Gerge stated that the project will enhance the existing neighborhood by completing the trail system. Gergan stated that there is a lot of fill to remove. The fill will be used to create the lots. He stated they will spend time with staff to ensure that water concerns aze reviewed. Commissioner Melander stated that the area is heavily wooded, with boxelders and elms and feels that this would be an improvement to the 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. Deb Lazson, 13956 Duluth Court stated that she feels the development would be good for the neighborhood but is concerned about the proposed retaining wall. She would like to see a tree buffer. Mary Bach, 13801 Diamond Path, stated she is worried about the water infiltration. Chair Edgeton closed the public hearing with the standard remarks. It is the policy of the Planning Commission to not take action on an item the same night as its public hearing. The Commission requested the developer and staff take into consideration the issues brought forth at tonight's meeting while proceeding with the proposal. 6. LAND USE/ACTION ITEMS A. Tousignant Variance -Reduce Front Yard Setback from Ordinary High Water Mark for Deck from 75' to 6' Associate City Planner Kathy Bodmer presented the request from Linda Tousignant, 13465 Pilot Knob Road, for a variance from the ordinary high water mark (OHW) of Long Lake to construct a deck onto the back of her home. The home abuts Long Lake and lies within the "SH" (Shoreland) overlay zoning district. The zoning codes requires a minimum 75 foot setback from the OHW for all structures in the "SH"zoning district. This request is to encroach into this setback by 69 feet, allowing the deck to, be constructed six Feet (6') from the ordinary high water level (OHW) of Long Lake. Bodmer reported the Tousignant home was constructed in 1978, but the Shoreland Overlay zoning district was not adopted until 1983. The home was constructed approximately fourteen feet from the OHW elevation of 902.4' of Long Lake. A building permit was not required for construction of the deck at the time the home was originally constructed. As a result, no approved plans are available that indicate the size of the original deck. The deck was removed last summer after the homeowner fell through the rotted structure, therefore, the size of the former deck cannot be verified. Ms. Tousignant states thatahe variance is requested to simply replace the former deck. The zoning code states that ifnon-conforming uses are damaged or are removed, they must be bought into conformance with the new requirements. Technically, the City could deny the variance request based on this. The applicant wishes to construct atwo-level deck. The middle upper-level deck would be approximately 18' x 20' (360 sq. ft.), while the lower-level deck would be roughly 12' x 37' (444 sq. ft.), making the total area of the deck 880 sq. ft. At its closest point, the deck would be located 6 feet from the OHW. After staff's review of 25 deck applications submitted in June of 2004, the average deck is 249 sq. ft., while the lazgest is 518 sq. ft. One of the City's Building Inspectors performed an inspection of the Tousignant's roof in 2002. He noted the rotting deck. He estimates that the former upper deck was 8 to 10 feet out towazd the water and 14 feet long. There was also a second lower deck with cantilevered joists that was no wider than the upper deck. In his opinion, the Building Inspector feels the requested deck is larger than the previous deck. Bodmer reported that Pat Lynch, the DNR's Area Hydrologist for the Metro Area, said the requested variance is the largest request he has ever reviewed. He recommends that the size of the deck be reduced to minimize the impact to the shoreland and yet allow the owner to enjoy some of the outdoor use of the property. He would like the size of the deck reduced so that an 8' x 22' section is nearest the water, while the balance of the deck is 14' out from the house. The total area of the deck recommend is 568 sq. ft. Commissioner Melander stated that he visited the subject property. He is supportive of approving the proposed plans submitted by the applicant due to the odd layout of the land which already limits some of the use of the property. Chair Edgeton is concerned about the issue ofapproving anon-conforming use. The Commission acknowledged that the size of the proposed deck is probably lazger than the previous deck. Commissioner Hadley is supportive of the deck with conditions that the natural vegetation be maintained. Scott Johnston, representing the applicant, stated that the plans submitted were in fact the size of the former deck. He feels the request is reasonable and is not willing to compromise with a smaller deck. Staff recommended that a variance be approved based on the DNR's recommendation. MOTION: Commissioner Melander moved, seconded by Churchill, to recommended approval of a variance from the Ordinary High Water Mark of Long Lake to allow construction of a deck as requested by the petitioner with the following conditions: The shoreland area shall be planted with wetland grasses to be reviewed and approved by the DNR. The petitioner shall work with City staff to design a means to handle storm water drainage resulting form the installation of pavers under the deck. The motion passed 4-1, with Chair Edgeton voting nay. 7. OTHER BUSINESS A. East Valley Plaza Coffee Drive-thru Restaurant Sketch Plan Associate City Planner Kathy Bodmer presented a sketch plan from Fox Hollow Coffee, for a proposed coffee drive-through building. The proposed building would be located at the East Valley Plaza on the southeast corner of 140x' Street West and Pilot Knob Road, in the "RB" (Retail Business) zoning district. Bodmer reported the plan shows that the drive-through building would be located on the northwest edge of the site. The northwest comer of the site is expected to be further developed in the future. The property owners indicated that they receive inquiries from time to time to develop the corner of the property. Bodmer stated that the Planning Commission will need to take into account the fact that the site will be further developed in the future. The plan shows that the drive-through would be located on the edge of the existing parking lot. Stacking is shown for six vehicles in each lane. The drive-through lane would be located 30 feet from the last parking island, which would provide adequate aisle width to drive around the drive-through area. The building will be 420 sq. ft. of permanent construction and have full utility hook-ups. A previous coffee drive- through was located in the Target parking lot. It was a modular building that had no utility hook-ups in the unit The current zoning allows for a drive through in conjunction with a Class II restaurant as a conditional use. It would have to be determined whether a coffee kiosk would meet the definition of a Class II restaurant or whether the zoning district would need to be amended to allow the kiosk as its own use. Chair Edgeton asked if there aze any cooking facilities on site and if there will be any preparation of food. Mark Ward, the petitioner, stated that there would be no cooking facilities or food preparation. There will also be no coffee roasting. The proposal includes two menu boards. The Planning Commission informed the applicant that City code allows only one menu board. Trish Cowle, the property owner, stated that she has recently received an inquiry large retailer about developing the northwest edge of the site. The proposal includes a drive-through. The Planning Commission reminded Ms. Cowle that future development of the site needs to be seriously considered. The consensus of the Commission was that they are fine with the coffee drive- through idea. The bigger question is the property owner's future plans for the larger retailer on the northwest section of the property. B. Phillips 66 Car Wash Sketch Plan Margaret Dykes, Associate City Planner, presented a sketch plan from Aqeil Adam Abu Issa, to review the feasibility of constructing a car was at the Phillips 66 station located at 213 County Road #42. Dykes reported the applicant would like to construct a caz wash at the Phillips 66 station located on the northwest corner of County Road 42 and Gardenview Drive. The property is guided in the Comprehensive Pan as "NS" (Neighborhood Service) and is consistently zoned "NCC" (Neighborhood Convenience Center). The Phillips 66 station complies with the zoning. The Comprehensive Plan states that Neighborhood Service areas contain uses that accommodate a limited amount of convenience retail shops such as grocery and drugstores; residential services such as dry cleaning and daycaze; and small offices. The "NCC" zoning does not allow car washes as either as a permitted or conditional use. The City believes the car washes would generate too much noise to be compatible with adjacent residential uses. Dykes reported the subject property is surrounded by residential uses on the north and west property line. The property is bounded by Gardenview Drive, a collector, on the east side, and County Road 42, a principal arterial, on the south side. Dykes reported that the caz wash would require either an amendment to the "NCC" zoning district allowing car washes as either a permitted or a conditional use, or a rezoning of the property from "NCC" to "RB" (Retail Business), which allows for car washes as a conditional use. Dykes stated that a variance would also be required due to the location of the car wash from the property line. The consensus of the Commission is that they would not be in favor of changing the "NCC" zoning nor would they be in favor of amending the zoning district to allow for a caz wash due to its close proximity to a residential azea. C. Zoning Ordinance Amendments Update At it's June 16, 2004, meeting, the Planning Commission directed staff to prepare amendments to the Zoning Code. Some of these changes are necessary to comply with state statutes and to clarify the intent of the Zoning Code. Rather than going through a complete update of the Code, staff thought it would be appropriate to bring proposed amendments to the Commission on an as-needed basis. This smaller approach is less overwhelming and more easily accomplished. Associate City Planner Margaret Dykes presented 8 topics for the Planning Commission to consider for amendments. The Planning Commission directed staff to set a public hearing for the amendments. MOTION: Commissioner Churchill moved, seconded by Melander, to set a public hearing date of August 18a', 2004, to consider amendments to the City's Zoning Code. The motion carried 5-0. 8. ADJOURNMENT MOTION: Commissioner Melander moved, seconded by Churchill, to adjourn the meeting at 10:06 p.m.