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HomeMy WebLinkAbout02/16/2005CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES FEBRUARY 16, 2005 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Vice Chair Jeannine Churchill at 7:00 p.m. Members Present: Karen Edgeton, Jeannine Churchill, Jim Hadley, Thomas Helgeson, *David Schindler and Tom Melander *Commissioner Schindler arrived at 7:02 p.m. Members Absent: Tim Burke Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, City Attorney Shazon Hills, Associate City Planner Kathy Bodmer, Associate City Planner Mazgazet Dykes and Assistant City Engineer Colin Manson 2. APPROVAL OF AGENDA Chair Edgeton asked if there were any changes to the Agenda. Community Development Director Rick Kelley made the following changes to the Agenda: Under PUBLIC HEARINGS, Item SA should read: Consider an Amendment to the Sanitary Sewer Master Plan -Set Public Hearing Under OTHER BUSINESS -Add Item 7A, Reappointments to the Planning Commission MOTION: Commissioner Helgeson moved, seconded by Churchill, to approve the amended Agenda. The motion carried 5-0. 3. APPROVAL OF MINUTES OF FEBRUARY 2, 2005 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 Helgeson, to approve the minutes of the February 2, 2005, meeting. The motion carried 5-0. 4. CONSENT ITEMS A. Ordinance Amendment -Sanitary Sewer Master Plan Comp Plan Amendment -Set Public Hearing MOTION: Commissioner Churchill moved, seconded by Helgeson, to approve the consent agenda. The motion passed 5-0. 5. PUBLIC HEARINGS A. Ordinance Amendment -Consider Amendment to Increase the Gap Size of Chain Linked Fences that Surround Swimming Pools Chair Edgeton opened the public hearing with the standard comments. Associate City Planner Kathy Bodmer presented the request from the City to amend the pool fence ordinance that was previously adopted in July 2004. Bodmer reported the City used the 2000 International Residential Code (IRC) as a model for the regulafions. Since that time, the Building Inspections Department was working with a resident who recently installed a pool and had an existing 4' high chain link fence. When the inspector consulted the code, he found the ordinance did not make sense. The ordinance currently reads: (7) Maximum mesh size for chain link fences shall be a 1.25-inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1.75 inches. The Inspections Department contacted the State to have them clarify the requirement and found out that the code contained a typographical error related to the size of the chain link. The IBC has since corrected the code. The section now reads: (7) Maximum mesh size for chain link fences shall be a 2.25-inch square unless the fence is provided with slats fastened at the top or the bottom which reduce the openings to not more than 1.75 inches. Bodmer reported that staff is recommending that the City's Swimming Pool Barrier Requirements be amended in the same manner to correct typographical error. Commissioner Churchill requested clarification as to the size of the chain links in the fence. Churchill asked if the fence is 2.25 inches squared. Bodmer replied that the size of the fence is not squared but that the length of the link if 2.25 inches. Bodmer also added that 2.25-inch square is the standard mesh size of a fence. 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 stated that it is the policy of the Planning Commission to not take action on the night of its public hearing. However, since no adverse comments were received from the public and the Commission had no outstanding issues, staff requested the Commission act on this item. MOTION: Commissioner Schindler moved, seconded by Hadley, to recommend approval of an ordinance amendment to Section 155.352 (A)(7) Swimming Pool Barrier Requirements to increase the maximum allowed mesh size from 1.25-inch square to 2.25-inch square. The motion passed 6-0. B. Dakota Gravel Pit -Consideration of a Comprehensive Plan Amendment, Rezoning from "A" (Agriculture) to "SG" (Sand & Gravel), and a Conditional Use Permit to Allow Sand and Gravel Mining on a 49-acre Site Chair Edgeton opened the public hearing with the standazd remarks. Community Development Director Rick Kelley presented the request from the City to consider an amendment to the Comprehensive Plan for a temporary sand and gravel overlay designation, a rezoning from Agriculture ("A") to Sand & Gravel ("S&G"), and a conditional use permit for commercial sand and gravel extraction activities on 49 acres located in the northwest quadrant of the intersection of Dakota County Roads Number 31 (Pilot Knob Road) and 46 (160th Street). Kelley reported a majority of the subject area was previously partially mined for sand and gravel by Dakota County and then transferred to the City for ultimate use as an athletic complex. Several stockpiles of sand, aggregate material, spoils, and black dirt remain on the site. The remainder of the area abutting Pilot Knob Road will either be acquired by Dakota County for the widening of Pilot Knob Road and an associated transit station, or acquired by the City for the purpose of erecting a water reservoir and expanding the area of the future athletic complex. Kelley reported that the City would advertise for bids from a private mining operator to perform the work and purchase the aggregate materials from the City. Revenue for the athletic complex will probably be through a bond referendum. Kelley reported the potential environmental effects from sand and gravel mining activities on the site were previously evaluated in an overall EIS and found to be within the acceptable range of effects. The length of mining activities would be restricted to 2 years and would fall within the guidelines of the Comprehensive Plan. Final grades would match the fmal grades of the adjacent properties which aze presently being mined. Chair Edgeton asked if the subject area is presently mined by Dakota County. Kelly stated it was previously mined by Dakota County but presently it is used for stockpile. Edgeton asked if an interim use pernut would be appropriate for this request. Kelly stated that there would be no benefit because the City, as owner, has the ultimate control over the land. Chair Edgeton asked if anyone from the public had any questions or comments, and if so, they may address the Commission at this time. Bob Mach, 16095 Excel Way, Rosemount, who resides adjacent to the subject property, voiced his concems about the hours of operation. Mach stated that a couple of yeazs ago when Fischer received permission to mine on the property, the company performing the excavation started mining operations at 3:00 am. Mach called the police. The police came out and said there was nothing they could do to stop the operations. After the third day of starting at 3:00 am, Mach called Bob Erickson with the City of Lakeville and the mining ceased immediately. Kelley explained to Mach that since the City owns the property, hours of operation and working at unreasonable hours would not be an issue. Kelley stated that the hours of operation will be weekdays from 7 am to 6 pm. Kelley stated that he received a letter from the City of Lakeville outlining their concerns for the project. Kelly stated that the City of Apple Valley will keep the City of Lakeville informed of the status of the application. Chair Edgeton closed the public hearing with the standazd comments. Chair Edgeton stated that it is the policy of the Commission not to act on an item the same night as its public hearing. Kelley reported that staff will list the recommended conditions for approval in their next report to the Commission. C. Eastwood Ridge 2"d Addition -Consider Rezoning from "R-1" (Single Family ResidentiaU40,000 sq. ft. lots) to "R-2" (Single Family Residentiall18,000 sq. ft. lots) and "R-3" (Single Family ResidentiaU11,000 sq. ft. lots) and Subdivision of a 10.5 Acre Parcel into Twenty-two (22) Single Family Residential Lots City Planner Tom Lovelace presented the request from Diedrich Builders, Inc. and Leonard Giannetti, for rezoning from "R-1" (single family residentiaUmin. lot azea of 40,000 sq. ft.) to "R-2" (single family residentiaUmin. lot azea of 18,000 sq. ft.) and "R-3" (single family residentiaUmin. lot area of 11,000 sq. ft.). The request also includes subdivision of a 10.49 acre site into twenty-two (22) single family residential lots, front yazd setback variances for Lots 4-8 and 19-21, and a variance from the maximum allowed street grade for Garrett Avenue. Lovelace reported the subdivision request calls for the platting of 5.27 acres into ten (10) single family lots ranging in size form 18,001 to 25,952 sq. ft., with eight of the ten lots having an area near 18,000 sq. ft. Sixty feet (60') ofright-of--way for a public street with a cul-de-sac design that would interest with exiting Galaxie Avenue would be platted as part of this subdivision request. The west 5.22 acres would be platted into 12 single family lots ranging in size form 12,012 to 24,262 sq. ft. with seven of those twelve lots having a lot area less than 13,100 sq. ft. A 60' wide public street right-of--way would extend the existing Garrett Avenue and terminate into a cul-de-sac to serve the west twelve lots. Chair Edgeton would like confirmation that the proposed site was designated as Low Density, 0-6 units per acre, in the Comprehensive Plan. Edgeton would also like clarification if the land was classified as underdeveloped. Lovelace reported the applicant is requesting two variances. The first request is to allow for a reduced front yard setback of 10 feet to allow for dwelling units on Lots 4-8 and 19-21 to be constructed twenty 20 feet from the front property line instead of the minimum required 30 feet. The second request is to allow fora 2% increase from the 8% maximum street grade for the east/west section of Garrett Avenue. Lovelace indicated that after reviewing the applicant's plans, Lot 21 does not need a variance. Lovelace reported that variances are granted on a case-by-case basis and that staff would need more information on the variances before making a recommendation. The Planning Commission agreed and informed the applicant that variances need to be submitted individually, lot by lot. Colin Manson, the City's Assistant Engineer, had reviewed the proposed plan and has identified several critical issues that need to be addressed and resolved before staff can make a recommendation. Lovelace stated that one of the key issues is the applicant is proposing to divert storm water from the east side of the site to a wetland area located in the City's Cedar Knolls Park. If this were to be approved, the City would require compensation for use of their land for ponding purposes and that this compensation would not be counted towards the development's storm water pond dedication requirements. Commissioner Schindler stated that he is concerned about the impact of storm sewer drainage into Cedar Knolls and that the applicant should come up with other alternatives. Regarding the request for a variance from the maximum allowed grade of 8% for a local street to allow construction of Garrett Avenue/Court at a 10% grade, the City's Engineer has indicated in his memo to the Commission that the grade maximum grade should remain at 8%. Jeff Kehrer, the City's Natural Resources Coordinator, has reviewed the applicant's tree preservation plan. The applicant has identified 347 significant trees on the site and is proposing to remove 2,883 diameter inches, which represents 64% tree removal. This exceeds the City's tree preservation goal of trying to sane a minimum of 50% of the significant trees on a development site. Commissioner Hadley stated that he would like to see the applicant get closer to the 50% range for tree removal. The applicant is also proposing to remove, move and replant conifers. Kehrer is not in favor of this. Since the time of the mailing of this request to the Planning Commission, the applicant has revised the tree preservation plan. The plan will have to be reviewed by Kehrer before making a recommendation. The City does not typically require landscape plans for single family development. Because the tree replacement plan could potentially require planting a minimum of 115 trees, staff would like to see the applicant provide the City with a landscape plan that will identify tree species and location on the site. Access to Lots 1-8 and 19-21 will be via the extension of the existing Garrett Avenue, a local street with a 60 foot right-of--way and a 32-foot wide paved driving surface. The applicant is proposing to extend Garrett Avenue into the site and terminate it with a cul-de-sac. The applicant is also proposing to construct a cul-de- sac designed local street with a 60 feet right-of--way and a 32 foot wide paved driving surface that will intersect with Galaxie Avenue. The proposed public street system and existing public streets that are adjacent and near this site have been adequately designed and constructed to accommodate the number of trips that will be generated by this proposed project. Lovelace reported that sidewalks are not indicated on the plans submitted by the applicant. The City's Trail and Sidewalk policy requires the installation of sidewalk along all public streets in residential subdivisions. The applicant will need to include sidewalks along the right-of--way of proposed 128"` Street West and should connect with the existing bituminous trail along Galaxie Avenue. Staff is also recommending that sidewalk be installed in the right-of--way between the project site and 130"' West. A bituminous pathway should also be installed along the west half of the project that would provide a connection to the Cedaz Knolls Pazk to the north. Retaining walls are indicated on the proposed plan. Commissioner Hadley is not in favor of the height of the retaining walls and would like to see them reduced. Bill Diedrich, the applicant, stated that the site is a tough piece of land to develop and that he considers the slope and drainage issues a hardship for granting variances on some of the lots. The Commission informed Diedrich that the draining issues proposed on the plans are not acceptable and that he must come up with other alternatives. Manson, the City's Engineer, stated that the applicant should come up with a plan for drainage on the subject site, but also a plan that could improve existing drainage issues. Chair Edgeton asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. Richard Gabe, 12922 Garner Lane,. is concerned about the flooding on 130`h Street and how more development would only make the situation worse. Gabe also asked why the azea can't be rezoned to R-2. Gabe feels that R-2 might resolve some of the variance issues. The Commission requested staff check and see if the City has repaired the collapsed storm sewer on 130`h and Garrett. Valerie Thoennes, 283 Palomino Drive, would like to see the area rezoned to R-2 in order to save more trees. Thoennes is concerned about drainage in the area and would like to see sidewalks in the development as a safety factor for children catching the school bus. Kathy McInnis - 12740 Genesee Court, stated that on the east side of the park, there is an azea filled with wildflowers and she would like to see that remain as is. Mchuus also sated that she is concemed about the increase in traffic and feels that there is already too much traffic with the recent addition of Boulder Ridge and Hidden Ponds Apsartments. McImus indicated that she would like to see a 4-way stop sign on 127` and Germane since there is no crosswalk. The Commission requested staff get traffic counts and capacity for 127th and Germane Avenue, the impact of the proposed development on the park's wildlife, and grades in Cedar Knolls Park as they relate to the proposed site. Shannon Humbert, 12910 Garner Lane, asked which trees would be removed behind his property. Humbert is also concerned about drainage in this area. The City's Engineer responded that staff will be looking at the entire site as it relates to drainage. Commissioner Churchill requested staff compare how water would naturally flow with the proposed plan. Phil Askvig, 7001 130th Street West, requested the Commissioners visit the site to review the layout of the land. Askvig doesn't see how the land can be graded to accommodate the proposed development. In his opinion, the land is a hill and a hole. Askvig is concerned about traffic and school capacity at the already over-crowded Greenleaf Elementary School. Chair Edgeton requested staff get the student capacity for Greenleaf Elementary School. Diedrich, the applicant, indicated that there is enough fill existing on the property to complete the grading proposed. Mark Bonewell, 12895 Galaxie Place, is concerned about drainage and water runoff. Chair Edgeton requested staff indicate where water currently flows and where it will flow with the proposed development. Commissioner Churchill would like staff to provide 11" x 17" grading plans of the proposed site. Nick Ludwig, 12883 Garrett Avenue, stated that he felt the zoning should remain the same. Chair Edgeton closed the public hearing with the standard remarks. Chair Edgeton stated that it is the policy of the Commission not to act on an item the same night as its public hearing. Lovelace stated that staff will continue to work with the applicant on the issues brought forth during the public hearing. 6. LAND USE/ACTION ITEMS A. Harmony Commons -Consideration of Site Plan/Building Permit Authorization for Three Multi-story Buildings on a 2.5 Acre Site Associate City Planner Margaret Dykes presented the request from Pedersen- Wensmann, LLC, for site plan building permit authorization for three buildings; two are mixed use and one is a hotel located on a 2.5 acre site. The site is located southwest of the intersection of 153rd Street W. and Galaxie Avenue and is part of the Central Village area Dykes reported the Landmark Tower is located on the corner of 153`d Street West and Founders Way. This building is three stories and has approximately 30,100 gross sq. ft. of retail and commercial uses on the first floor and 22 condominium units on the second and third floors. The Concourse Building is located on the comer of Founders Way and Galaxie Avenue. This building is three stories and has approximately 26,000 gross sq. ft. of retail and commercial uses on the first floor. There are also 22 condominium units the second and third floors. Dykes stated that the elevations for both the Landmark Tower and the Concourse Building appeaz to be consistent with the Central Village Plan. The buildings have flat roofs, which convey an urban center village. Both have strong comer features, and both appear to use a mix of brick, stucco, and stone. Both buildings have balconies for the residential units and both have storefronts facing the public roads with pubic access facing the perimeter of the site. The elevations are consistent with the Central Village Plan. The third building proposed for this site is the Grandstay Hotel. The Granstay Hotel is athree-story, 77 unit resident-suite hotel located on the comer of Galaxie Avenue and 153rd Street W. The elevations show the building will be constructed of a mix light-colored stucco, red brick, and stone. Decorative features include balconies, lintels, and cornices. The hotel's elevations are also consistent with the Central Village Plan. Dykes reported that an internal drive that connects to both 153rd Street W. and Founders Way provides access to the surface parking lot and an underground pazking lot. The site plan states there are 300 parking spaces in the underground garage and 67 surface pazking spaces, for a total of 367 parking spaces. The zoning code requires a maximum of 325 spaces for the proposed development, depending on the final uses in the commercial portion of the development. Dykes included a more detailed analysis of the parking in her written staff report to the Commission. The revised landscape plan shows three pedestrian gathering areas on the site. The revised plans show that there will be large planters with seating benches for these azeas, in addition to trellises and decorative fencing. Three bicycle racks will be spread throughout the site. Electrical boxes located between the Concourse Building and Grandstay Hotel will be screened by decorative fencing. Pedestrian connections to the gathering areas will be accessible from public sidewalks. The applicant had addressed concerns about the pedestrian amenities and has made significant improvements to the site. The City Engineer has reviewed the revised grading plan and has no major outstanding issues. A Natural Resources Management Perrnit (NRMP) will be necessary prior to any grading of the site. The NRMP will require the submission of a footing plan for the garage, erosion control measures, a traffic control plan and a plan for the pilings for the garage. The Natural Resources Coordinator has reviewed the revised landscape plan and has no major issues. His comments aze included in a memo to the Planning Commission. Dykes stated the development will generate the need for approximately 1.15 acres of pazk land. This will be handled as part of the final plat. It is likely that actual park land will not be dedicated so cash-in-lieu of land dedication will be necessary. Dykes stated that the applicant must submit a master sign plan sepazate from this request. The Commission stated they were pleased with the revised plans and that they meet the spirit and intent of the ordinance. MOTION: Commissioner Churchill moved, seconded by Melander, to recommend approval of site plan building permit authorization for the subterranean garage and upper deck as shown on the plans received in City offices on January 10, 2005, and revised February 11, 2005, in conformance with all applicable City codes and standards, and subject to the following conditions: a. No building permit shall be issued until. the City has completed the vacation of a portion of 153rd Street W. b. No building pernut shall be issued until the final plat for the proposed Harmony Commons 2°d Addition is filed with Dakota County, and all the conditions of the required executed Development Agreement have been met by the applicant, including the execution of an amended Planned Development Agreement. c. No building permit shall be issued until a Natural Resources Management Permit has been approved by City Council. As part of the NRMP, a traffic control plan for site grading shall be submitted and reviewed and approved by the Public Works Director and City Engineer. d. No building permit shall be issued until the City Engineer has reviewed and approved a footing plan, piling plan, and full structural engineering plans. Footings for the garage shall not be located in the City Right-of--Way. e. The grading and utility plans shall be modified to address the concerns stated in the City Engineer's memo dated February 11, 2005. f. Cross-access and cross-parking, and joint-ownership agreements for the parking lot located on Lot 1, Block 1 and the subterranean garage shall be executed and recorded with the fmal plat. The subject agreements shall be submitted to the City for verification prior to the release of any building permits. g. There shall be a minimum of 67 surface parking spaces on deck and 303 garage parking spaces. A minimum of 130 garage spaces must be open to the public, and a1167 surface parking spaces shall remain open to the public. h. Submission of a nursery bid list that confirms the landscape materials, irrigation system, decorative paving and other common area amenities meet or exceed 2.5% of the value of the construction of the building based on Means Construction Data. i. Submission of a landscape plan, subject to review and approval by the Natural Resources Coordinator, for the traffic island located in the Founders Lane/153' Street W. split. j. Garbage pick-up shall be done between the hours of 6 am and 9 am. k. All delivery tracks shall be parked in loading zones as designated on the site plan. 1. A master sign plan shall be submitted for review and approval by City staff. m. A master lighting distribution plan shall be submitted for review and approval by City staff. n. An emergency vehicle access plan shall be submitted for review and approval by City staff. The motion carried 6-0. MOTION: Commissioner Churchill moved, seconded by Melander, to recommend approval of site plan/building permit authorization for the Landmark Tower as shown on the site plan received in City offices on January 10, 2005, and revised February 7, 2005, in conformance with all applicable City codes and standards, and subject to the following conditions: a. There shall be no more than 30,102 gross sq. ft. of commercial and other ancillary uses on the first floor, 11 condominiums on the second floor, and 11 condominiums on the third floor. There. shall be no more than 16 two-bedroom condominiums and six (6) one-bedroom condominiums. The motion passed 6-0. MOTION: Comrissioner Churchill moved, seconded by Melander, to recommend approval of site plan building permit authorization for the Concourse Building as shown on the site plan received in City offices on January 10, 2005, and revised February 7, 2005, in conformance with all applicable City codes and standards, and subject to the following conditions: a. There shall be no more than 26,009 gross sq. ft. of commercial and other ancillary uses on the first floor, 11 condominiums on the second floor, and 11 condominiums on the third floor. There shall be no more than 16two-bedroom condominiums and six (6) one-bedroom condominiums. The motion passed 6-0. MOTION: Commissioner Churchill moved, seconded by Melander, to recommend approval of site plan building permit authorization for the Grandstay Hotel as shown on the site plan received in City offices on January 10, 2005, and revised February 7, 2005, in conformance with all applicable City codes and standards, and subject to the following conditions: l0 a. There shall be no more than 77 guest rooms. The motion passed 6-0. 7. OTHER BUSINESS A. Reappointments to the Planning Commission Community Development Director Rick Kelley reported that three members of the Planning Commission are up for reappointment. They are Commissioners Churchill, Hadley, and Schindler. Kelly asked the Commissioners if they are still if they are interested in continuing to serve on the Planning Commission. All three stated yes. 8. ADJOURNMENT MOTION: Commissioner Hadley moved, seconded by Churchill, to adjourn the meeting at 9:29 p.m. 11