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HomeMy WebLinkAbout12/07/2005CITY OF APPLE VALLEY PLANNING COMMISSION MINiJTES DECEMBER 7, 2005 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Karen Edgeton at 7:00 p.m. Members Present: Karen Edgeton, Tom Melander, Tim Burke, Keith Diekmann, Jeannie Churchill, and David Schindler Members Absent: Thomas Helgeson Staff Present: City Planner Tom Lovelace, City Attorney Sharon Hills, Associate City Planner Kathy Bodmer, Associate City Planner Margaret Dykes, Assistant City Engineer Colin Manson, and Planning Intern Jeff Thomson 2. APPROVAL OF AGENDA Chair Edgeton asked if there were any changes to the Agenda. There being none, she called for its approval. MOTION: Commissioner Burke moved, seconded by Melander, to approve the Agenda. The motion carried 6-0. 3. APPROVAL OF MINUTES OF NOVEMBER 16, 2005 Chair Edgeton asked if there were any changes to the minutes. There being none, she called for approval of the minutes. MOTION: Commissioner Burke moved, seconded by Churchill, to approve the minutes of the November 16, 2005 meeting. The motion carried 6-0. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS A. I{nottywoods 3~d Addition -Consider Rezoing from "R-1" (Residential Single Family/40,000 sq. ft. min) to "R-3" (Residential Single Family/11,000 sq. ft. min.); Subdivision by Preliminary Plat to Split Existing Lot Into Two Lots; and Setback and Lot Size Variances for Lot 1 Chair Edgeton opened the public hearing with the standard comments. Planning Intern Jeff Thomson presented the request from J.L. Wageman Homes. The applicant is requesting a rezoning and subdivision by preliminazy plat to create two lots out of one existing lot located on the southeast comer of Pilot Knob Road and Embry Way. The petitioner will also be requesting variances to allow for the construction of a new detached garage. Thomson reported that the preliminary plat shows the subdivision of a 33,795 sq. ft. lot into two lots. The first lot would be 18,742 sq. ft. and the second lot would be 15,053 sq. ft. The preliminary plat shows the dedication of 1,254 of additional right- of-way for Pilot Knob Road along the northern lot line. The applicant is proposing a conservation easement on the north portion of Lot 2. The easement is in response to the Planning Commission's comments from the October 5, 2005 meeting during which the applicant presented a sketch plan. The Commission was concerned about the increase in impervious surface and the subsequent run-off into Pilot Pond, which is part of Long Lake. The Commission was also concerned that approval and development at this time would not prevent a future property owner from building additional impervious surface on Lot 2 given that the current proposal is under 30%, which would allow for 240 sq. ft. of additional impervious surface. Thomson reported that staff is recommending that the conservation easement's west boundary be changed to the 30' setback line from Embry Way so that lawn is maintained in the boulevard. Thomson reported that the preliminary plat does not indicate the required drainage and utility easements. Staff is recommending that any approval require the dedication of 10' drainage and utility easements along the lot lines adjacent to public right-of--ways, particulazly the north and west lot line of Lot 1 and the west line of Lot 2. Staff is also recommending the dedication of 5' drainage and utility easements along the east and south lot lines of Lot 1 and the north, ease and south lot lines of Lot 2. Thomson stated that the City's zoning code requires a wetland buffer for any property within a Shoreland area. Staff is recommending as part of any approval of the plat the dedication of a conservation easement to provide a wetland buffer along Pilot Pond. In addition, staff is recommending the dedication of a ponding easement for Lot 1. The applicant is requesting a rezoning from "R-1" to "R-3". The site lines within the Long Lake Shoreland Overlay district which requires a minimum lot size of 20,000 sq. ft. for waterfront property and 15,000 sq. ft. for non-waterfront property. The applicant is also requesting a variance from the Shoreland Overlay district's minimum lot area requirement for a waterfront lot of 20,000 sq. ft. to allow for a waterfront lot of 18,742 sq. ft. Thomson reported that the property directly to the west of the site was rezoned from "R-1" to "R-3" to allow for the constmction of 5 single family homes and the properties directly to the south and east were rezoned earlier from "R-1" to "R-2" to allow for a minimum lot area of 18,000 sq. ft. Thomson reported that the following existing stmctures will be removed from Lot 1: a driveway out onto Pilot Knob Road, a detached garaged with attached shed, a 2 metal shed, a carport, and a driveway out onto Embry Way. Anew shorter driveway and a relocated detached garage are proposed to be constructed along Embry Way. The applicant is proposing to build a new single family home, garage, and driveway on Lot 2. The proposed building pad for the home and garage is approximately 1,980 sq. ft., and the proposed driveway onto Embry Way is approximately 480 sq. ft., bringing the total impervious surface of Lot 2 to 2,460 sq. ft., or approximately 16% of the lot area. After removing the structures from Lot 1 and replacing them with the new driveway and garage, the property will have a net loss of 3,400 sq. ft. of impervious surface. The proposed building and driveway would decrease the amount of impervious surface area on the property by 940 sq. ft. Thomson reported that staff calculated the approximate area of the remaining buildable area of the property and found that an additiona1820 sq. ft. of land is available. If Lot 2 were fully developed there would be 3,250 sq. ft. of impervious surface area, which is 150 sq. ft. less than the surface area that would be removed from Lot 1. Commissioner Churchill stated that based on the comments in the memo from the Department of Natural Resources, it appears that even with the impervious surface of Lot 2, it appears the project is a plus. Jerry Wageman, the applicant, addressed the Commission and thanked them for reviewing this project. Wageman stated that overall the project is decreasing the impervious surface and limiting the buildable area on the site. Chair Edgefon asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. Bernice Spindler, 13530 Embry Way, stated that the lot next door has water frontage and she would like to know what happens to it if this prof ect proceeds. Associate City Planner Kathy Bodmer responded that the lot would not have direct access to Pilot Pond. Spindler wanted to know if a fence could be installed on the lot. Thomson stated that he thought it could but would verify it with the code. Ann Orlendorf, 13445 Elkwood Drive, commented that the lot is close to the waterfront and she is concerned that the water fall from the rain will be difficult to recede. Chair Edgeton asked staff to get the following calculations: The current impervious surface, the impervious surface if the proposal presented were granted, and the impervious surface if the buildable area of the lot is maximized. Commissioner Schindler asked if an extra driveway could be added on the lot, in addition to the one proposed. Darin Poli, 13489 Ellsworth Court, stated that he is in favor of the proposal and that he thinks it will be a positive addition to the neighborhood and add value to the community. Chair Edgeton closed the public hearing with the standard comments. It is the policy of the Planning Commission not to act on an item the same night of its public hearing. Staff will continue working with the applicant to address the comments from the Commission and the public. 6. LAND USE/ACTION ITEMS A. Radichel Garage and Accessory Structure Variances -Consideration of Variances to Allow for 2 Additional Accessory Structures: One 900 sq. ft. Detached Garage and One 324 sq. ft. Gazebo on a 5-acre Lot Associate City Planner Margaret Dykes presented a request from William and Amy Radichel for a variance to allow one 900 sq. ft. detached garage, and a variance to allow for one 324 sq. ft. open-air gazebo on asingle-family lot. The site is located at 13654 Pennock Avenue. Dykes reported that the site is located on a 4.71 acre lot in the Valley Oaks Estates Development. The applicant's lot combined portions of three parcels, one of which contained asingle-family residence owned by Don and Mary Erickson. The Radichels constructed their existing home in 2000. The original house was demolished to accommodate the new house. Dykes reported there is one existing 728 sq. ft. garage on the property and the applicant would like to construct one additiona1900 sq. ft. garage. In addition, the applicant would like to construct a 324 sq. ft. open-air gazebo beside a tennis court. The tennis court is a permitted accessory use. The tennis court and gazebo are proposed to be located on the pad of the Erickson's house that was demolished. The proposed garage would be adjacent to the tennis court. Dykes reported that City code states that properties in the "R-3" zoning district are allowed one detached accessory building not to exceed 750 sq. ft. and one detached accessory building not to exceed 120 sq. ft. The applicant is requesting variances to have three detached accessory buildings, two of which will exceed the allowable square footage. Dykes stated that the garage and gazebo meet all required setbacks and impervious surface coverage will be approximately 22,000 sq. ft., which will not exceed the allowable coverage of 71,809 sq. ft. Approximately 287 inches of significant trees will be removed. City code requires 10% replacement of significant trees but the applicant is proposing to plant at least 220 inches of significant trees. The City's Natural Resources Coordinator has reviewed the plan and has some minor comments that must be addressed by the applicant. 4 In order to approve a variance, the state statutes and City zoning code requires that "special conditions applying to the structures or land in question are particular to such property, or immediately adjoining property; do not apply generally to other land or structures in the district; ...and that the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." Dykes reported that although staff review finds that it does not appear there is a hardship that justifies the variances to allow for the additional accessory buildings, the variance would not have significant impact on the neighboring properties and will not alter the chazacter of the site. Staff is, therefore, recommending approval of the request. Commissioner Churchill asked if any roads aze planned in the future for the property or if the applicant might be interested in subdividing in the future. Dykes responded that at this time, there are no roads proposed for the property. William Radichel, the applicant, stated that they have no plans for subdividing the property. MOTION: Commissioner Churchill moved, seconded by Burke, to recommend approval of a variance to allow for a total of 3 accessory buildings at 13654 Pennock Avenue, because the variances will not have a significant impact on the neighboring properties and will not alter the character of the site, subject to applicable City codes and standards, and the following conditions: There shall be not more than one 728 sq. ft. detached garage, which currently exists on the property. There shall not be more than one 900 sq. ft. detached garage as shown on the site plan and elevations dated November 11, 2005, and received in City office November 23, 2005, subject to addressing the Natural Resources Coordinator's comments dated November 30, 2005. There shall not be more than one 324 sq. ft. gazebo as shown on the site plan and elevations dated November 11, 2005, and received in City office November 23, 2005, subject to applicable City codes and standards. The motion passed 6-0. B. Apple Valley Medical Center Expansion -Site Plan/Building Permit Approval to Allow fora 22,000 sq. ft. Building Expansion and Construction of an 86-space Structured Parking Facility for an Existing Medical Clinic on a 4-acre Site Associate City Planner Margaret Dykes presented the request from Apple Valley Building Associates for site plan building permit authorization for an approximately 23,000 gross sq. ft. building expansion with an 86-space parking deck. Dykes stated that upon further review of this request, staff discovered that a variance to exceed the maximum building coverage from 20% to 26% is necessary in order to proceed with this request. Dykes reported the site is 4.075 acres. The property is zoned "LB" (Limited Business), which has a maximum building coverage of 20% of the lot area. The footprint of Apple Valley Medical Center can not exceed 35,501 sq. ft. The existing building has a footprint of 34,000 sq. ft. and the proposed footprint of the expanded medical center is 45,350 sq. ft., or 26% building coverage. In order to approve a variance, the state statutes and City zoning code requires that "special conditions applying to the structures or land in question are particular to such property, or immediately adjoining property; do not apply generally to other land or structures in the district; ...and that the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." Dykes stated that although there is not a physical hardship related to the land, it is staffls opinion that the variance will not adversely impact surrounding properties. In addition, because it the facility is a unique community asset and provides services necessary for the well-being of the City, staff believes that a variance granted for the building expansion is not precedent-setting. Dykes reported that the applicant is requesting approval of a 22,353 gross sq. ft. two- story addition to the existing Apple Valley medical Center, as well as the construction of a parking ramp. According to Dakota County, the existing one-story structure is 38,770 sq. ft. The addition will house an MRI imaging center on the first floor and additional exam rooms on the second floor. The entire medical structure will be 61,123 gross sq. ft. The entrance to the building faces south. A covered 13-foot wide drop-off area is located on this south side. One pedestrian connection from the building to Galaxie Avenue is indicated on the plan. Staff is recommending that another pedestrian connection be made from the sidewalk accessing the building to Galaxie Avenue. This will require that some of the trees be relocated. Building mechanicals are placed on the roof and will be screened by the parapet of the new addition, as required by City code. A truck loading area is located on the north side of the building but will be screened from the residential uses to the north. There is an existing covered walkway form Apple Valley Care Center to the west that is to be removed as part of the expansion plan. A pedestrian walkway will now go through the parking ramp and across a drive lane to enter the building. The City's traffic consultant reviewed the plan and stated that aright-turn lane should be installed on 146` Street West at the intersection with Galaxie Avenue to improve the traffic flow that will occur with the increase in traffic on the site. A right-turn lane will be installed in Spring 2006. The 36-foot tall addition will be composed of the same materials as the existing structure. The elevations of the parking ramp will be constructed of facebrick, and precise concrete that will be textured to mimic stucco. Dykes reported that City code requires 1 parking space per 150 gross sq. ft. of floor space for a medical facility. The expanded facility requires 408 parking spaces. The site will have 307 parking spaces (221 surface and 86 on the parking deck), making it 101 spaces short of what would be required if the parking were calculated on the gross square footage. For office uses, the City typically discounts 15% of the gross floor area figuring this amount is used for corridors, bathrooms, closets, etc., which do not generate parking demand. If 15% of the building area were discounted, the site would require 313 parking spaces. Staff also discounted the MRI rooms. The site then requires 307 spaces. Staff is satisfied that the parking is adequate. The 86-space parking ramp is located on the south end of the building. Entrance to the second floor of the 15-foot tall parking ramp is from a driveway accessing 146th Street. An enclosed stairwell will provide access to the building form the parking ramp, but no access to the building is provided from the second floor of the ramp. The applicant states that these parking spaces will be reserved for the clinic staff and will not be open to the general public Commissioner Churchill asked if the parking ramp was handicapped accessible. Dykes responded that it is not handicapped accessible but the Clinic has indicated that it will be used for employee parking only. Chair Edgeton asked if this met the American Disabilities Act (ADA) standards. Michael O'Malley, representing the applicant, stated that they previously had discussions with the City's Building Department about the ramp not being handicapped accessible and they did not have an issue with it. Chair Edgeton stated that she is concerned that even though the parking ramp is for employees only, the public will still be inclined to park there. The Commission suggested that a control gate be installed that would only grant employees access. Mark Davis, representing the applicant, stated that they had considered a control gate but decided not to due to costs. hi addition, Davis stated that the site is tight and that a control gate would hamper the flow of parking. After a lengthy discussion, the Commission recommended that the applicant install signage that indicates that the ramp is for employee parking, is not handicapped accessible and has no clinic access. Dykes stated that staff is recommending approval of the proposed project. MOTION: Commissioner Melander moved, seconded by Schindler, to recommend approval of a variance increasing the building coverage from the required 20% to 26% to accommodate a building expansion with a footprint of approximately 11,350 sq. ft. for the Apple Valley Medical Center, 14655 Galaxie Avenue, because the variance is in keeping with the spirit and intent of the zoning ordinance. The motion carried 6-0. MOTION: Commissioner Melander moved, seconded by Churchill, to recommend approval of an approximately 23,000 sq. ft., two-story building addition for the existing Apple Valley Medical Center, located at 14655 Galaxie Avenue, and an 86- spaceparking deck as shown on the plans and elevations dated November 28, 2005, subject to conformance with all applicable City codes and standards and the following conditions: • No building permit shall be issued until the final plat for Apple Valley Medical Center has been filed with the Dakota County Recorder's Office and proof of the filing has been submitted to the City. • There shall be a pedestrian connection to the public sidewalk on Galaxie Avenue from the southern most walkway abutting the main entrance to the building. • The plan shall be revised to address the City Engineer's comments dated December 1, 2005. • The plan shall be revised to address the Natural Resources Coordinator's comments dated December 2, 2005. • The parking deck should be signed and approved by staff to include parking for employees only, no handicapped access, and no clinic access. The motion passed 6-0. C. Legacy Village Professional Office Building -Consider Revisions to an Approved Site P1anBuilding Permit Authorization to Allow for Changes to the Exterior Finish of a 40,000 sq. ft. Commercial Office Building on a 1.3 Acre Lot Tabled at the request of the petitioner. 7. OTHER BUSINESS A. Informed Consent and Release Form City Planner Tom Lovelace reported that the City Attorney's Office informed the City that the Minnesota Data Privacy law that requires Committee contact information to the public was amended. Each member of the Planning Commission was sent a copy of the "Informed Consent and Release Form". Lovelace stated that each Commission member should fill out the form stating what information they would like public and return the form to the Planning Department. 8. ADJOURNMENT MOTION: Commissioner Burke moved, seconded by Churchill, to adjourn the meeting at 8:12 p.m.