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HomeMy WebLinkAbout10/18/2006CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES OCTOBER 18, 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, David Schindler, Keith Diekmann, Tim Burke, Jeannine Churchill, and Thomas Helgeson Members Absent: Frank Blundetto Staff Present: Acting Community Development Director Tom Lovelace, City Attorney Sharon Hills, Assistant City Engineer Dave Bennett, and Planning Intern Nick Meyers 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the Agenda. There being none, he called for approval of the Agenda. MOTION: Commissioner Churchill moved, seconded by Burke, to approve the Agenda. The motion carried 6-0. 3. APPROVAL OF MINUTES OF OCTOBER 4, 2006 Chair Melander asked if there were any changes to the minutes. There being none, he called for approval of the Minutes. MOTION: Commissioner Burke moved, seconded by Schindler, to approve the minutes of the October 4, 2006, meeting. The motion carried 5-0, with Commissioner Churchill abstaining. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS A. Cobblestone Lake South Shore Townhomes -Consider Rezoning and Subdivision of 9 Acres, and Site Plan Building Authorization for a Proposed 106-Unit Townhome Project Withdrawn at the request of the petitioner. 6. LAND USE/ACTION ITEMS A. Jolene Addition - Consider a Replat of an Existing Single Family Lot Into Two Single Family Lots Planning Intern Nick Meyers presented the request from Johnson-Reiland Construction Company to split a 30,991 sq. ft. comer lot into two lots. The parcel is located at 6525-133Ta Street. The proposed lots would be 15,250 for the corner lot and 15,740 for the interior lot. Meyers reported that the Comprehensive Plan guides the development of this parcel for "LD" (Low Density Residential at 0-6 units per acre). The proposed lot split is consistent with the Comprehensive Plan designation, however, when the Comp Plan evaluated parcels that were expected to be further subdivided, this parcel was not included as part of that inventory. Meyers reported that the preliminary plat indicates that the existing parcel will be subdivided into two parcels. Drainage and utility easements will be required to be depicted on the final plat along the property lines in accordance with the subdivision regulations. The original lot survey for the parcel showed aright-of--way for 132„a Street, which has since been vacated. Meyers stated that Lot 1 will be a new parcel available for construction for a new single-family home. The lot contains a buildable footprint area of 7,000 sq. ft. A single family home will easily fit within the footprint area. The maximum impervious area allowed on the lot will be 5,509 sq. ft. It appears that a low area presently exists on the northwest corner of the lot. Staff is recommending that this area be addressed as part of the site grading. The remaining portion of the site is relatively flat requiring minimal grading. Meyers reported that 2 trees will need to be removed as a result of the subdivision. A swale and rain garden will be created along the western edge of the property to assist with drainage. As land becomes scarce in Apple Valley, there will be more requests to subdivide lots in fully established neighborhoods that may have been initially passed over for development. The City will need to consider the existing neighborhood when evaluating these types of requests. The Comp Plan states that "The City intends to support the preservation of existing neighborhood character by requiring the type and intensity of new inflll development to be consistent with that which already exists." A public hearing was held on this item on October 4, 2006. Several issues were raised by the public. Meyers reviewed staff s response to those comments. A copy was included in the Commission's packet. Chair Melander stated that many of the public comments received during the public hearing seemed to be contentious. Melander stated that the request meets all of the requirements and that he would have a tough time denying it. Assistant City Engineer Dave Bennett stated that in regards to the rain garden, the applicant informed him that he met with the two adjacent neighbors to discuss drainage and that he has agreed to explore a rain garden if staff requires it. Commissioner Churchill asked if there is any bearing on the project based on the fact that the lot was not included in the Comp Plan inventory as a parcel expected to be further subdivided. City Attorney Sharon Hills stated that the lot was probably overlooked and would have no bearing on this request. Commissioner Churchill asked if the large size of the lot was due to the fact that originally 132nd Street was to be punched through. Hills stated that more than likely that is the reason the lot is large. Meyers reported that staff is recommending approval of the project with the conditions listed in the staff report. MOTION: Commissioner Churchill moved, seconded by Burke, to recommend approval of the Jolene Addition preliminary plat, subject to the following conditions: Drainage and utility easements shall be dedicated adjacent to all property lines in accordance with the subdivision ordinance. The owners shall execute a development agreement with the City requesting the extension of City sewer and water and agreeing to pay for the requested improvements. Park dedication shall be required as part of this replat in accordance to City Code. The motion carried 6-0. After the motion, members of the audience asked if they could comment on the project. Chair Melander stated that this is not a public hearing, however, he will allow people to speak. David Weaver, 13280 Flagstaff, asked if members of the Planning Commission are residents of Apple Valley. Chair Melander stated that all members are residents of Apple Valley. David Bailey, 6541 133rd Street W., asked if the Planning Commission is aware that the home is currently up for sale. He stated that the property description does not indicate the proposed subdivision of the lot. Bailey stated that he spoke with the applicant and there was nothing mentioned about a rain garden. Chair Melander informed Bailey that the City will not allow development that will cause a problem to existing neighbors. Bailey further stated that he is concerned about the impact on ±he value of his property. Melander responded that the City does not consider economic impact when reviewing a prof ect. Tom Cincoula, 13200 Flagstaff Avenue, stated that there is no sand on the property, only dirt. He requested further information about the definition of a rain garden. Assistant City Engineer Bennett responded that a rain garden is a low area compression with plants to help infiltrate the water. Lovelace stated that even if there is no sand on the property, a rain garden could still be constructed to assist with drainage. Cincoula asked if the property owner owns the vacated land. Lovelace stated that the vacated property goes back to the City if not developed. Cincoula stated that the property owner indicated that she owns the vacated property. Mike Champion, 6615 133`a Street W., asked how the City is determining the property line since it is not defined. Commissioner Churchill stated that she lives in Apple Valley and is very familiar with the subject neighborhood. Churchill stated that her experience in the past has been that improvements to a neighborhood raise property values, rather than decrease them. Commissioner Helgeson reiterated to the audience that the Planning Commission does not have final approval of the project and that it is the responsibility of the City Council to approve a project. Commissioner Burke stated that a similar lot split recently took place on 132"a and Ferns and that the City follows the same guidelines for any lot split request. Jim Stratford, representing the applicant, stated that they will correct the MLS and show the proposed subdivision. He stated that they are willing to work out any draining issues and will ensure that no existing property is impacted negatively by the drainage. B. "PD-341" Amendment -Consider an Amendment to the Maximum Building Height in Zone 4A of the Planned Development 341 Tabled at the request of the petitioner. C. Wal-Mart CUP Amendments -Consider Amendments to the Existing Temporary Trailer Storage, Outdoor Garden Display and Sales, and Propane Tank Display and Sales Area Conditional Use Permits Tabled at the request of the petitioner. D. Wal-Mart -Consider Amendment to an Existing Conditional Use Permit to Allow for the Relocation of the Cardboard Bale and Pallet Storage Area, and Site P1anBuilding Permit Authorization to Allow for-the Construction of 72,786 sq. ft. Addition to an Existing 129, 958 sq. ft. Retail Store Tabled at the request of the petitioner. 7. OTHER BUSINESS A. Fischer Market Place 8th Addition Sketch Plan -Sketch Plan Review of a Proposed Commercial Development That Will Include a 6,000 sq. ft. and 14,000 sq. ft. Building on a 2.34-Acre Lot Acting Community Development Director Tom Lovelace presented the sketch plan from Madison Marquette Realty Services for a proposed 20,000 sq. ft. multi-tenant retail center on a 2.34-acre lot in the Fischer Market Place development. The site is located at the intersection of Flanders Path and Florence Trail, in the southeast corner of the development. Lovelace reported the applicant is proposing to construct a 6,000 sq. ft. and a 14,000 sq. ft. building on the existing lot that will be separated by a 24 ft. wide drive aisle that will provide vehicular access to a 103-space parking area located on the south side of the buildings. An additiona129 parking spaces will be located just north of the 14,000 sq. ft. building. Direct access to the site will be via a drive approach located along Florence Trail. Across access and parking agreement between the owners of the two lots in the Fischer Market Place 8th Addition has been executed. The site will have indirect access via the Krispy Kreme drive approach located to the east of the site. Lovelace reported the building elevations indicate an exterior finish of rock face block, brick and stucco. The appearance and material choices are consistent with the existing structures in the Fischer Market Place development. The original concept plan submitted by Glazed Investments as part of the Krispy Kreme project identified a 15,190 sq. ft. building generally located in the center of Lot 1 with parking around all four sides of the building. This concept was in conformance with the regulations set forth in Planned Development No. 646/zone 2. The proposed prof ect would not meet some of the current regulations set forth in the planned development ordinance. The following amendments to the ordinance would be necessary before this project could proceed: • Allow for more than two rows of parking along County Road No. 42. • Reduce the building setback by 10 feet along Flanders Path. Lovelace stated that curb and gutter would have to be installed around the existing parking lot on Lot 2 since the proposed plan for Lot 1 alters the overall development of the parking layout for the two lots. The site plan identifies an internal pedestrian connection from the sidewalk along Flanders Path, with an existing connection from the pathway along County Road 42 to the I{rispy Kreme restaurant site. Any future development plans should include a pedestrian connection from the site to the sidewalk along Florence Trail. The site plan indicates 132 parking spaces to serve 16,000 sq. ft. of retail and 4,000 sq. ft. of restaurant uses. The retail would require a minimum of 90 spaces, which would leave only 40 spaces for the restaurant use. A 105-seat dining facility would be the maximum seating based on the parking. Construction of an infiltration area to handle storm water runoff from a % rainfall event would be required to be completed at the time of the development of Lot 1. The northeast corner of the most easterly building encroaches into an existing storm water utility easement. Placement of a structure in an easement is prohibited. Lovelace reported that no action is required on this Agenda item and that the applicant is merely seeking feedback from the Commission regarding this proposal. Commissioner Helgeson asked if the proposal included a fast food restaurant. Lovelace responded that a Class II restaurant would not be allowed in this planned development. Helgeson asked if there is any reason why a cross traffic connection with the I{rispy Kreme property is needed. Lovelace stated that he will have the applicant investigate it with the Krispy Kreme owner. Helgeson stated that he has no issue with the 4 rows of parking proposed. Commissioner Melander recommended that the rooftop mechanicals be screened. Lovelace added that pedestrian access would be available along County Road 42 and Florence Path. Flanders Path is the only pedestrian access indicated on the plan. hi addition curb and gutter would be pursued once formal application is made. Commissioner Schindler stated that he likes the proposal but would like to see traffic issues worked out. Lovelace stated that staff would have the City's Traffic Consultant review the proposal once application is made. Commissioner Helgeson commented that he likes the plan but traffic issues need to be worked out. Commissioner Schindler stated that it is difficult to leave Menard's exiting on to Florence Trail. Commissioner Churchill stated that the applicant will need to work with the existing neighbors to resolve the traffic issues. Lee Hoffrnan, representing the applicant, addressed the Commission and stated that the last lot is always the hardest to develop. Hoffman indicated that they will work with the existing applicants regarding parking and traffic issues. He indicated that they plan to make a formal application by the end of the year. B. Midwest Special Services/Pilot Flex Center Zoning Amendment -Sketch Plan Review of Proposed Zoning Changes to Allow for Overnight Parking of Vehicles (School Buses) in the "BP" (Business Park) Zoning District Acting Community Development Director Tom Lovelace presented a sketch plan from Manley Commercial, Inc., for overnight parking of buses as part of a proposed use in the Pilot Flex Center, atwo-building office/warehouse project located along the west side of Energy Way, just south of Upper 147th Street West. The owner would like to lease approximately 10,000 sq. ft. of space to Midwest Special Services, Inc. (MSS), a provider of vocational and training services for adults with disabilities. Part of their operation would include the overnight parking of 5 buses in the rear of one of the buildings. Lovelace reported that the property is located in the `BP" (Business Park) zoning district, which does not allow storage and overnight parking of vehicles as a permitted, conditional, or accessory use. A zoning amendment would be required in order to allow MSS to park their buses as proposed. Lovelace stated that staff identified the following options that the City could entertain regarding this request: Make no changes. Because the use of bus transportation is part of the day-do-day operations of MSS, it is likely that they would be forced to eliminate this site from their expansion plans. Rezone the property to "I-1" (Limited Industrial), which would allow for the outdoor storage of vehicles as a conditional use. This would allow MSS to operate their training service, subject to approval by the City of a conditional use permit. Amend the "BP" zoning district to allow for storage, or more specifically overnight parking as a permitted, conditional, or accessory use. An amendment would open it up to all properties within the "BP" zoning district and depending on whether it is a permitted, conditional, or accessory use, it would create some conflicts with adjacent uses, in particular the residential uses to the north and east. However, this option would give the City the ability to establish reasonable conditions in order to mitigate anticipated adverse impacts, protect the value of adjacent properties, and achieve the goals and objectives of the comprehensive plan. Commissioner Schindler stated that he would be hesitant to amend the "BP" zoning district. He requested that staff provide a map of the current "BP" zoning districts. Lovelace presented a map indicating the "BP" zoning districts. Schindler stated that he is concerned about light industrial facing residential zoning districts and that is the main reason why he would not be totally supportive of it. Commissioner Helgeson stated that he would be in favor of amending the "BP" zoning district to allow for overnight parking of vehicles as a conditional use. He would not be in favor of rezoning the area to "1-1" (Limited Industrial). Commissioner Helgeson asked the applicant where the buses are during the day. Cindy Weber, representing the applicant, responded that the bus service is more of a community services and used as a pick-up/drop off type of services. She stated that the buses would be ir. the parking let during the day. Commissioner Churchill stated that she agrees with Helgeson and that she would also be in favor of amending the "BP" zoning district to allow the overnight parking of buses as a conditional use. She added that she would be surprised if businesses are not already parking overnight vehicles in this and other zoning districts. Churchill stated that with the City's proposed parking ordinance amendments being reviewed, the City must allow for businesses to be able to park vehicles overnight. Commissioner Burke agrees. Commissioner Diekmann asked how many buses are proposed to be parked overnight and will they take up the entire space allocated on the plan. Weber responded that there will be five buses maximum. Chair Melander stated that he would like to see the "BP" zoning district amended to allow for storage of overnight vehicles. After hearing comments from other members of the Commission, Schindler stated that he is comfortable with amending the "BP" zoning district. 8. ADJOURNMENT MOTION: Commissioner Burke moved, seconded by Blundetto, to adjourn the meeting at 8:13 p.m.