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HomeMy WebLinkAbout04/19/2006CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES APRIL 19, 2006 CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Tom Melander at 7:00 p.m. Members Present: Tom Melander, Keith Diekmann, Jeannine Churchill, David Schindler, Frank Blundetto, and Thomas Helgeson Members Absent: Tim Burke Staff Present: Acting Community Development Director Tom Lovelace, City Attorney Mike Dougherty, Associate City Planner Kathy Bodmer, Associate City Planner Margaret Dykes, and City Engineer Colin Manson 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the Agenda. Acting Community Development Director Tom Lovelace added Agenda Item 7B, OTHER BUSINESS, Discussion of the Legacy North Master Plan. Chair Melander called for approval of the amended Agenda. MOTION: Commissioner Churchill moved, seconded by Helgeson, to approve the Agenda as amended. The motion carried 6-0. 3. APPROVAL OF MINUTES OF APRIL 5, 2006 Chair Melander asked if there were any changes to the minutes. There being none, he called for approval of the Minutes. MOTION: Commissioner Churchill moved, seconded by Diekmann, to approve the minutes of the Apri15, 2006, meeting. The motion carried 6-0. 4. CONSENT ITEMS A. Megellan Pipeline Company, L.P., Subdivision -Consider Subdivision of an 80- Acre Parcel Into One Lot and One Outlot MOTION: Commissioner Schindler moved, seconded by Churchill, to approve the consent Agenda. The motion carried 6-0. 5. PUBLIC HEARINGS A. Legacy North Apartments -Consider an Amendment to "PD-739" (Planned Development) and Site Plan/Building Permit Authorization to Allow for the Construction of 3 Multi-Use Buildings with a Total of 60,000 sq. ft. of Commercial/Retail Space and 116 Apartments Withdrawn at the request of the Petitioner. B. Legacy North Townhomes -Consider an Amendment to "PD-739" (Planned Development) and Preliminary Plat, and Site Plan/Building Permit Authorization to Allow for the Construction of 14 Townhouse Buildings with a Total of 108 Dwelling Units Withdrawn at the request of the Petitioner. 6. LAND USE/ACTION ITEMS A. Diamond Gates Sales Office -Consider Site Plan/Building Permit Authorization Extension to Allow the Continued Placement of a Sales Office Trailer Associate City Planner Kathy Bodmer presented the request from Diamond Gates to allow a 24' x 56' (1,344 sq. ft.) sales trailer to remain on their property until August 2007. Diamond Gates is located on the southwest corner of 140th Street West and Cedar Avenue. Bodmer reported that on June 12, 2003, the City Council approved the placement to a temporary sales trailer for a period not to exceed 9 months in conjunction with the approved Diamond Gates development project. After one year the building permit authorization expired because the sales building had not yet been installed on the site. Anew building permit authorization for the trailer was obtained on March 9, 2005, to again allow the placement of the trailer for a total of 9 months. The trailer was constructed on the site and served with water and sewer. On December 9, 2005, staff informed the property owner that the deadline for the trailer had expired. The property owner stated that it would be too difficult to remove the trailer and re-install it when he is ready to move forward with his project. The applicant indicated that he is working out his project financing and expects to bring a revised project forward to the City this summer. He also expects to begin construction fa112006 and would like to ensure that the trailer is on the site for sufficient time to allow display of a model while the first building is being constructed. The property owner is requesting fiirther extension of the building permit authorization to allow the trailer to remain on the site until August 2007. Bodmer reported that the City zoning code allows the placement of temporary buildings "only for the purposes of construction on the premises for a period of time not to exceed time necessary for such construction..." The subdivision code also states that model homes or dwellings may be permitted subject to the review of the Planning Commission and approval by the City Council. Bodmer reported that the issue with Diamond Gates is that the temporary building was requested before the final plat was filed with Dakota County. The applicant hoped to pre-sell the condominiums and then begin construction last year. However, the sales did not go as planned, so the project is not proceeding as approved. In addition, the final plat that was approved by the City on October 28, 2004, was never filed with Dakota County. The City does hold an escrow for the Natural Resources Management Permit (NIZMP) but the development escrows and related fees were never received because the plat was never signed. New plans and new designs will need to be reviewed and approved by the City before the development can move forward. The sales trailer is essentially being stored on the site with no guarantee that the project will proceed in the near future. Bodmer stated that it is staff s view that the temporary sales trailer should be removed from the site until a new development project has been approved by the City. The developer was contacted before and after December 9, 2005, regarding the need to remove the trailer from the site. The trailer has now been on the site four months beyond the City approval. The applicant was not present at the meeting. In addition, one of the partner's of the project is in Egypt and unable to be present. Bodmer stated that the applicant has been talking with Minnesota Valley Transit Authority about the possibility of purchasing the land for a Park & Ride transit site Chair Melander stated that he would not be in favor of a Park & Ride on this site. Commissioner Helgeson stated that he would like to get the trailer off of the property as soon as possible as it is an eyesore to the community. He is not in favor of granting an extension until August 2007. Commission Churchill stated that there is nothing presently proposed for the property and that by having the trailer present, it implies that something is in the works. She would also like the trailer pulled off of the lot as quick as possible because without a workable project, there is no need to keep the trailer. Chair Melander and Commissioner Schindler concurred with Churchill and Helgeson's suggestion that the trailer be removed as soon as possible. Commissioner Blundetto abstained from commenting. Blundetto's fmn is also looking at purchasing the site MOTION: Commissioner Churchill moved, seconded by Schindler, to recommend an extension of the building permit authorization until August 1, 2007, with the following conditions: The petitioner shall provide evidence of the filing of the plat and pay the required fees and escrows associated with the approved development by May 12, 2006. • The petitioner shall submit revised plans by August 1, 2006, for the new project. • The building shall be removed by the earlier of the two dates: either when the construction of the first building is completed or August 1, 2007, whichever occurs first. The motion failed 0-5, with Commissioner Blundetto abstaining. B. Sign Code Amendment -Consider an Amendment to Allow Motor Fuel Digital Price Signage Associate City Planner Margaret Dykes presented an ordinance amendment for changeable signs regulated by Section 154 of the City's Code of Ordinances. Dykes reported that currently the City defines a changeable sign as "A sign or portion of a sign with separate insert letters and/or symbols which can easily be removed and which are periodically changed." Staff and the City Attorney's office have interpreted the code to mean that changeable signs consist of signs that have only individual letters/numbers that are manually changed. The definition does not include signs that have digital display or other LED conducted letters or numbers. Changeable Signage is used for gas station price signs, as well as restaurant signs, some retail signs, and signs for institutional uses such as churches, and City recreation centers. The City's sign regulations also define and regulate "illuminated sign." An illuminated sign is defined as "any sign which has characters, letters, figures, design, or outline illuminated by electric lights or luminous tubes as part of the sign proper." Signs with digital displays or LED letters do not clearly fall within the definition of an illuminated sign. Dykes reported that the Phillips 66/Conoco convenience store/station located at 15550 Cedar Avenue applied for and received a sign permit in May 2005. The approved sign showed the pylon sign would contain changeable copy for the price sign for the gasoline, as well as a "readerboard" area used to advertise special sales. However, the sign that was actually installed included a digital board for the gasoline price sign and not the individual changeable letters. Staff informed the property owner and sign company that the sign did not comply with the existing ordinance at which time they decided to request an amendment to the sign ordinance in order to bring the gas price sign into conformance. The applicant is requesting that the sign code be amended so that digital gas price signs will be permitted. The applicant is not requesting that any other part of the sign code be amended. Dykes reported that staff did a survey of other cities similar to Apple Valley. The survey revealed that many cities do not have specific regulations for changeable signs but they do prohibit flashing signs. At the Apri15, 2006, Planning Commission meeting, a public hearing was held on this item. No comments were received from the public. However, the Planning Commission brought up several issues with the proposed change. Based on those comments, staff has made some modifications to the previously proposed language for the LED gas price signs. Staff is now suggesting language that would only allow LED display for gas price signs only and could not be interpreted to allow other types of commercial digital signs. Staff is recommending approval of the proposed sign ordinance amendment as stated in the Commission's packet. Commissioner Helgeson stated that he is generally in favor of the amendment and feels it is well written and specific to gas price signage only. Commission Churchill asked if the City should limit the number of price changes per day. Chair Melander stated that he would like to see a limit. Dykes stated that staff decided not to limit the number of price changes that can occur in a day. In addition, limiting the number of price changes per day would be violating the law. Commissioner Diekmann stated that it would not be fair to limit the businesses with digital signage when businesses with manual signage will still be able to change as many times per day as needed. Commissioner Blundetto asked if staffwas comfortable with the proposed language. Dykes stated that staff is comfortable and that the language was developed in conjunction with the City Attorney's office. Commissioner Schindler stated that he is comfortable with the ordinance amendment. MOTION: Commissioner Helgeson moved, seconded by Churchill, to recommend approval of the proposed sign ordinance amendment. The motion carried 6-0. 7. OTHER BUSINESS A. Blue Cross Blue Shield Active Living Grant Applications Associate City Planner Kathy Bodmer reported that at the April 13, 2006, City Council Meeting, the Council adopted a resolution supporting a grant application by Dakota County for an Active Communities Grant from Blue Cross Blue Shield. The County, along with the cities of Apple Valley, Eagan, Rosemount, and ISD #196, are partnering to apply for the grant to help assess and engage citizens within the communities to become more active in their day-to-day lives. The grant is intended to support and promote physical activity as a regular daily activity, not just for recreation. The grant application states that "positive impact on rates of physical activity can be made through careful planning of infrastructure and policy." Bodmer reported that in the last several years, the City has worked diligently to encourage pedestrian and bicycle opportunities within the City. Currently, all residential developments must install sidewalks. Recent developments have made pedestrian circulation a priority in order to provide residents with everyday opportunities to be more active. Extensive trail and sidewalk systems now exist throughout the City and more and more families use them regularly. 5 The grant appliLcation is due on Apri128, 2006. Dakota County has agreed to make applzcatrnn on behalf of the. CQl71ltV Ally ~1}les, hQyUPVeI'~ }I1eV are reglleSting help. from the participating communities. They would like to establish an Active Communities Planning Committee. Mayor Hamann-Roland has agreed to serve on this Committee and Jeannine Churchill, Vice Chair of the Planning Commission, has volunteered to assist with the grant application. Staff developed a resolution requesting the Planning Commission endorse Churchill to serve as an active participant on the Committee for the assessment and engagement process. Commissioner Churchill stated that the Committee requires attending meetings during the day, which she would be able to do. She indicated that she also worked for Blue Cross Blue Shield for 32 years and felt that her experience with the company could help Apple Valley. MOTION: The Planning Commission unanimously recommended endorsing the participation of Jeannine Churchill on the committee formed for the Blue Cross Blue Shield Active Community Assessment Engagement process. B. Legacy North Master Plan Acting Community Development Director Tom Lovelace reported that The Hartford Group would like to set up a work session to discuss the Legacy North Master Plan. This would be an informal meeting open to the public. The Commission chose May 24, 2006, at 6:00 p.m. Lovelace reported that further details will be sent out prior to the meeting. S. ADJOURNMENT MOTION: Commissioner Churchill moved, seconded by Blundetto to adjourn the meeting at 7:31 p.m.