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HomeMy WebLinkAbout04/18/2007CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES April 18, 2007 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Jeannine Churchill at 7:00 p.m. Members Present: Jeannine Churchill, Tim Burke, Frank Blundetto, and Keith Diekmann Members Absent: Tom Melander, Thomas Helgeson, and Dave Schindler Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, City Attorney Sharon Hills, Associate City Planner Kathy Bodmer, Associate City Planner Margaret Dykes, City Engineer Colin Manson, and Acting Community Development Specialist Ann Cunningham 2. APPROVAL OF AGENDA Chair Churchill asked if there were any changes to the Agenda. There were no changes from City Staff. Churchill added an item to OTHER BUSINESS: 7c. Planning Commission Information Handbook. Chair Churchill called for approval of the amended Agenda. MOTION: Commissioner Burke moved, seconded by Blundetto, to approve the amended Agenda. The motion carried 4-0. 3. APPROVAL OF NIINUTES OF March 21, 2007 Chair Churchill 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 Diekmann, to recommend approval of the minutes of the March 21, 2007, meeting. The motion carved 4-0. S:\planning\PLANCOMM\2007 agenda & minutes\041807m.doc 4. CONSENT ITEMS A. Deer Run Variance -Consideration of a Variance to Allow for a Front Yard Setback of 15' to Allow for the Construction of aSingle-Family Home in the Deer Run Development. MOTION: Commissioner Burke moved, seconded by Diekmann, to recommend approval of the consent agenda. The motion carried 4-0. 5. PUBLIC HEARINGS A. Residential Parking Ordinance Amendments -Consider Amendments to the City Code Regarding the Parking and Storage of Motor Vehicles and Trailers on Residential Lots. Chair Jeannine Churchill opened the public hearing with the standard comments. Associate City Planner Margaret Dykes described the history of the proposed Residential Parking Ordinance Amendments and reviewed the points on which the City Staff would like to receive direcfion. Associate City Planner Kathy Bodmer presented the public comments made at the public heazing held on March 21, 2007, as well as the staff responses to those concerns. During her presentation, Bodmer stated that items that can move are not eligible for a variance. Staff is working on some type of exemption procedure that would allow for, on a case by case basis, folks who have unique situations. Commissioner Blundetto asked for a list of what those situations would be. Bodmer replied that the situation has come up where there is no sidewalk people have asked if they can be closer than 13'. There was the case where a Sprinter van is being used as a passenger van. And the situation where an RV maybe longer than 40'. Chair Churchill asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. Duane Lindeen, 5978 133rd St. Ct., has a 33' long 5th wheel and a 43' driveway with about a 5' rise, which makes it very steep. He has added a pad to the side of the driveway. In slippery conditions he can have a difficult time getting the trailer up the drive and would like to be able to leave it in the street. Duane wondered if it is possible to get a 48 hour or 72 hour permit allowing on street parking. Chair Churchill responded that that is one of the issues the city staff has received comment on and is looking at. James Madsen, 7995 132nd Ct., said that in regards to the passenger versus commercial vehicles, the city was allowing under 1 ton vehicles to park. An F350 is considered a 1 ton truck. Dykes responded that what the code says is that the whole point of getting rid of the weight and use requirement and going to the size requirement. As long as it is less then the 22' and less than the 8', it's considered a passenger vehicle as long as you are using it for your daily business. The commercial vehicle is not easy to enforce and trucks have gotten larger. Chair Churchill said you can even paint your company's name on the truck. Madsen said that he is in favor of the ordinance change. He has toys himself, but feels that too many on a driveway can impact property value. Older neighborhoods can become parking lots. James feels the city is doing a good job and is in favor of the ordinance change, even though it will impact him personally. Lowell Williams, 891 Redwood Dr., said that in regards to the recreational trailers he has an issue with his neighbor. Williams just paid $2,700 for a fence to block the view of the old, used items in the neighbor's yard. The property values become a concern. He said that he wanted to keep the neighborhood neat and nice and still keep things we are using. Don Olson, 894 Redwood Dr., asked for clarification as to whether or not the 6 vehicles would need to be in working order. His neighbors have repaired cars on the side and if you allow 6 vehicles, Junkers will be sitting there for a long time. He's close to the park and walkers and joggers would have to go into the street if these vehicles aren't moved. Chair Churchill said that cars blocking the driveways are a code enforcement issue. Olson said that he has called and it still goes on. Marian Brown, 7754 142"d St. W., said that if a homeowner has discretion over the color of roofing materials or paint, then they should be able to park whatever they want. Marian also said that if she doesn't like the view of her neighbor's property, it's her problem. She moved here in 1978 because they could do whatever they wanted. The changes in law should not impact those people already living here. With garages used for other storage, there's not room for additional vehicles and she feels we need to be reasonable. Marian added that it's essential that we encourage people to have pervious services instead of impervious. Tom Grazzini, 8020 134`h St., is not in favor of the proposed 13' setback because boats and trailers are getting to be a lot larger. He also said that not only is the refrigerator an issue, but people also need to park in the driveway for the loading and unloading of an RV and there is no provision for that in the ordinance. Grazzini asked when we will know when the proposal is going to the City Council. Bodmer replied that the. process that is being proposed tonight is that the Commission would give the staff direction, staff would bring back a draft, it would be gone through section by section, and that whole package would go to the City Council. And staff would let you know at another meeting like this. Grazzini then asked if at City Council is there a first reading and then they vote at the next meeting and Bodmer replied yes. Don Hufnagle, 137 Garden View Dr., stated that he has a 31' motor home and it fits just from the garage to the edge of the curb. He stated that he had sent an email in regards to this and did the Commission receive it? Chair Churchill responded that they had it on record. 3 Sharon Schwartz, 13334 Embry Path, stated that she is on the Urban Affairs Committee. If you do allow permits for parking on the street for loading and unloading, please consider a limitation on how often they could be issued. Paul Coufal, 886 Redwood Dr., stated that if he would have written the questionnaire/survey it would have read: Is the pleasant appearance of your community important to you? Do you believe that the appearance of several recreational vehicles/vehicles in the driveway, on the street, do those vehicles add to or detract from the pleasant appearance of your community? Coufal also noted that both a builder and a real estate agent had commented on the negative impact of a large numbers of vehicles on property values. He then asked if the new ordinance would allow for overnight parking in the street. Bodmer replied that at this time it does not. The commission would have to guide the staff to add that. Chair Churchill stated that the Commissioh will conclude the public hearing tonight. After it is closed, the Commission will have an opportunity to ask questions of the city staff as well as give them guidance on things to consider as they go back to redraft the ordinance. They will bring back the ordinance for the Commission's consideration at a future meeting in 2 to 4 weeks. At that point, the Commission will take action or have the staff continue to work on the ordinance. The city is the petitioner, so there is no deadline and the dialogue between all parties can continue as needed. Coufal stated that it was his understanding that the preponderance of the respondents to the survey wanted to restrict the number of vehicles in the driveway. Bodmer responded that it wasn't necessarily the number of vehicles but it was the overall restrictive ordinances regarding parking that the respondents were in favor of. Coufal then thanked everyone for the time they've devoted to this issue. Dykes asked for direction from the Commission on the four main points. Commissioner Diekmann asked if there was an issue that caused the City Council to initiate the review of the ordinance. Dykes replied that it was a request by a citizen to permit 6 cars to park in a driveway. Cornrnissioner Burke is in favor of leaving it at 4. He is also in favor of having a 48 hour permit for Overnight Parking. In regards to setbacks he is in favor of shortening it and making it the length of the sidewalk and that it should apply to all vehicles. Burke is also in favor of the screening. He stated that they did a good job in defining the commercial and passenger vehicles. Commissioner Blundetto likes the ability to handle special situations with exemptions. He wants to know more about the 13' setback and how that came up and would like some relief there. Blundetto is concerned that most properties cannot hold 6 cars on the driveway, would like to be restrictive and rely on the exemption should there be a need. In regards to RVs, he is in favor of restricting permits. 4 Commissioner Diekmann is in favor of keeping the number of passenger vehicles at 4 as well. He is ok with the permitting of the RVs for overnight parking, but would like it limited so that permits are not abused. Diekmann is not ih favor of the 13' setback as it would impact those properties without sidewalks, where houses are already closer to the street. He believes that we would have to have some kind of screening, but he is not going to define the type or height. Chair Churchill is inclined to stay with 4 and allow a permit for up to 6 passenger vehicles so that the City has an opportunity to consider the situation. She has seen a lot of creative paving in her neighborhood. She said she was concerned that it starts looking like a parking lot in an apartment building rather than a single family house. As to overnight parking she agrees that a permit is something to be considered. In regards to the 13' setback on driveways where there is no sidewalk, she is divided on that one due to safety issues. Maybe it is a permit issue. As to screening, she's not sure what height is appropriate, but believes it is needed. And perhaps we need a definition of a derelict vehicle. Bodmer and Dykes responded that we have a definition of a junk vehicle. Commissioner BIundetto asked whether or not we've had issues with people living in RVs in residential areas. Bodmer replied that we did have an issue last year, and that the code allows for visitors up to 14 days each year but not permanent residence. Chair Churchill closed the public hearing with the standard comments called for a motion. B. All Stars Montessori Conditional Use Permit - Consider a Conditional Use Permit to Allow for a Child Care Facility in the "I-1" (Limited Industrial) Zoning District Chair Jeannine Churchill opened the public hearing with the standard comments. City Planner Margaret Dykes described the request of a Conditional Use Permit from All Stars Montessori and JAM Properkies to allow for an approximately 5,300 sq. ft. child care center to serve up to 42 preschool age children. Chair Churchill asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. The Petitioners were in attendance and came forward. They included Denise Muir of 3305 146th St W. in Rosemount, Tracy Magnuson of 12934 Echo Lane in Apple Valley, Stephanie Shawback of 843 Haralson in Apple Valley, and James Madsen of 7995 132na Ct. in Apple Valley. Chair Churchill asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. Erica Owens, 16106 Foliage Avenue W. in Rosemount, is here on behalf of All Stars Montessori. Her two sons have attended it, as well as her nephew, and it is a great school and it would be a great addition to Apple Valley. Denise Muir, 3305 146d' St W. Rosemount, added that she had received letters of recommendation that she would like to give to the board. Chair Churchill received them and there were 4 and all in support. Chair Churchill closed the public hearing with the standard comments called for a motion. MOTION: Commissioner Diekmann moved, seconded by Burke, to recommend approval of a Conditional Use Permit for a child care center and 1,620 sq. ft. outdoor. play area at 5920-148x` St. W., as shown on the plans received on March 22, 2007, subject to conformance with all applicable City Codes and standards and conditions. The motion carried 4-0. C. Cobblestone Lake South Shore 3rd Addition -Consider Rezoning and Subdivision of Approximately 9 Acres for a Proposed Sfngle Family Development. Chair Jeannine Churchill opened the public hearing with the standard comments. City Planner Thomas Lovelace described the request for approvals on three items to allow for construction of a 43-unit single family residential project on approximately 9 acres located in the Cobblestone Lake South Shore development. Commissioner Diekmann asked who was driving the elimination of lot 5 in regards to the dead ending of Street A? Lovelace responded that it is both public safety and public works because Street A would have to be extended through to the public street or made a cul-de-sac in order for them to get through or turn around when plowing. Commissioner Burke asked Lovelace to go over again the concern of utilities in regards to the dead ending of Street A and wanted a clarification on the safety part of the concern. Lovelace responded that unless it is necessary to have access, they won't enter the private street. Blundetto asked that in regards to the infiltration issue, whether this is part of a bigger plan for this area and storm water management. Lovelace clarified that when the plans come before the city, the city addresses the infiltration issues in regards to each individual subdivision. The applicant has come to the city to ask the city to take a look at the overall plan and to help identify several areas, maybe 3 or 4, which would create a comprehensive plan to provide infiltration for the remainder of the site. City Engineer Colin Manson stated that we are Looking at alternatives with the developer to look at more regional based infiltration plans. Chair Churchill confirmed that the city's infiltration requirements have changed since we first started talking about Cobblestone. Tip Enebak, Lakeville, stated that one of the things that was most contentious in the EAW, were the approvals with the Met Council and the storm water runoff. He said he had to resolve the issue before it could be approved. This plan was designed with the lake and trail system having a Swale system for infiltration. He stated he believes in water quality and wants to make this work as well and wants to work on a plan that solves the infiltration issue for the whole area. Commissioner Blundetto asked Enebak what would happen if this gets approved with the condition that this gets resolved before plat approval. Enebak responded that they are opposed to putting conditions on an approval; it could be a timing issue for them. He is confident that they can get the plan together between the preliminary and final plat. Enebak noted that they have really stuck their neck out on this project and it has been very well received. Chair Churchill asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. No one from the public was present to speak. Chair Churchill stated that normally the Commission doesn't act on an item the same night as a public hearing. However, the Petitioner has requested action due to time constraints. Lovelace stated that the two significant issues are infiltration and the extension of Street A. Chair Churchill closed the public hearing with the standard comments called for a motion. MOTION: Commissioner Burke moved, seconded by Blundetto, to recommend approval of a rezoning from "Planned Developmenet-703/Zone 8" to "Planned Development-703/Zone 2" and direct staff to begin preparation of ordinance amendments for Zone 2a. The motion carried 4-0. MOTION: Commissioner Burke moved, seconded by Blundetto, to recommend approval of the preliminary plat of the Cobblestone Lake South Shore 3Td Addition subject to having staff work with the petitioner to resolve the infiltration and Street A issues. The motion carried 4-0. MOTION: Commissioner Blundetto moved, seconded by Diekmann, to recommend that the street alignment be maintained as shown with the 431ots and no new entrance to the north. The snow plowing issue can be resolved by the association taking on the plowing of the public street. The motion carried 4-0. D. Consider Zoning Amendment to the City Code to Allow for Overnight Parking of Vehicles in the "BP" (Business Park) Zoning District as a Conditional Use. Chair Jeannine Churchill opened the public hearing with the standard comments. City Planner Thomas Lovelace described the request for an amendment to allow for overnight parking in the "BP" (Business Park) zoning district. The petitioner, EFH Co., is requesting the approval of this amendment so that a potential tenant maybe allowed to park buses outdoor overnight in the pilot Flex Center, atwo-building office/warehouse project. Chair Churchill asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. Mike Whalen, 2999 W. Cty. Rd. 42, stated that his prospective tenant has a need for the overnight parking. No other comments were receiv"ed. Chair Churchill closed the public hearing with the standard comments and called for a motion, though it is not the standard procedure. MOTION: Commissioner Burke moved, seconded by Blundetto, to recommend approval to amend the "BP" zoning district to allow for the overnight parking of vehicles as a conditional use. The motion carried 4-0. 6. LAND USE/ACTION ITEMS A. CVS Pharmacy Prairie Crossing -Consider Amendments to "PD-629" (Planned Development) to Allow Two Drive-Thrus in Conjunction with Retail Uses and Amendments to the Approved Site Plan; Subdivision; and Site PlanBuilding Permit Authorization to allow fora 12,900 sq. ft. CVS Pharmacy and Two 6,000 sq. ft. Future Multi-Tenant Buildings. Associate City Planner Kathy Bodmer described the proposed zoning amendments, subdivision by preliminary plat, and the site plan/review/buildingperrnit authorizafion to construct a 12,900 sq. ft. CVS Pharmacy and two approximately 6,000 sq. ft. multi-tenant retail buildings. Commissioner Burke wanted clarification on the restaurant definition. Bodmer explained the defmition exists in the City Code. Commissioner Diekmann raised a concern that the city more consistently pursue alternate routes to encourage "active living" of residents and provide sidewalks and pathways for that purpose. Jim LaValle of Velmeir Companies said that in regards to Commissioner Burke's comment, he wants to keep the. use of the multi-tenant building as open as possible while staying with the cities rules and regulations for use. Kathy Anderson, the original architect for the Prairie Crossing Master Plan said that drive thnxs are a result of our changing times; and the developer cannot predict specifically what type of business will locate there. Chair Churchill said that allowing the drive thru is an amendment to the PD, which will allow control over what type of business goes in there. A drive through liquor store and a fast food restaurant chain were mentioned as two types of businesses that aren't desired for that location. Bodmer mentioned that the staff would like to limit the drive thrus to one per lot. LaValle is agreeable to that. Lavalle has met with the neighboring town home association to discuss the planting of trees for screening purposes on the townhome property. The board will be meeting to vote on the proposal and will have an answer prior to the City Council meeting. Chair Churchill noted that the designs are in line with the plans originally submitted to the Commission. Commission Diekmann asked if the project was going to be built all at once. LaValle responded that they hope to start construction this summer and that all amenities would be installed during the first phase. Temporary screening would be installed if necessary. Chair Churchill had a comment regarding to Recommended Action 6(a). She doesn't feel that the city can withhold approval if the townhome association withholds approval. Bodmer stated that staff is recommending approval of the proposed project. MOTION: Commissioner Burke moved, seconded by Diekmann to recommend approval of an amendment to PD-629 to allow adrive-thru window in conjunction with a pharmacy in the Prairie Crossing Commercial development subject to the execution of a planned development agreement. The motion carried 4-0. MOTION: Commissioner Burke moved, seconded by Diekmann to recommend approval of an amendment to PD-629 to allow one drive-thru window per lot in the Prairie Crossing Commercial development subject to the execution of a planned development agreement and the following conditions: a. The restaurant shall not require the installation of a Type I ventilation hood for grease and smoke removal. a. The hours of operation of the drive-thru shall be limited to 6:00 a.m. to 11:00 p.m. daily. b. The restaurant shall demonstrate that the outdoor speakers will not negatively impact adjacent residential properties. The motion carried 4-0. MOTION: Commissioner Burke moved, seconded by Diekmann to recommend approval of an amendment to PD-629 to allow the revised site plan with a detached 12,900 sq. ft. pharmacy and two approximately 6,000 sq. ft. multiple tenant buildings as shown on the site plan received in City offices on Apri19, 2007 and revised on April 13, 2007, subject to the execution of a planned development agreement. The motion carved 4-0. MOTION: Commissioner Burke moved, seconded by Diekmann to recommend approval of the an amendment to PD-629 to allow the revised elevation plans showing a 26' pharmacy with a 34' high tower feature and 27' tall multiple tenant buildings with a 28' tall tower feature as shown on the elevation drawings received in City offices on Apri19, 2007 and revised on April 13, 2007, subject to the execution of a planned development agreement. The motion carried 4-0. MOTION: Commissioner Burke moved, seconded by Diekmann to recommend approval of a subdivision by preliminary plat of Prairie Crossing Commercial Second Addition to create two lots with the following conditions: a The petitioner shall execute a maintenance agreement for the tmderground infiltration system and the infiltration area. b The petitioner shall provide evidence of cross-parking and cross-access agreements between the two parcels prior to release of the plat for recording. The motion carried 4-0. MOTION: Commissioner Burke moved, seconded by Diekmann to recommend approval of the site plan and give building permit authorization to construct a 12,900 sq. ft. CVS Pharmacy on Lot 2, Block 1, Prairie Crossing Commercial Second Addition as depicted on the plans received in City Offices on Apri19, 2007 and revised. on April 13, 2007, and in accordance with all City Codes and Construction Standards and the following conditions: a) The petitioner shall provide evidence of consent from the Prairie Crossing condominium home owner's association has approved the planting of the landscape screen on the Association property prior to review and approval of the site plan building permit by the City Council. b) When the first building is constructed on either Lot 1 or Lot 2 all site amenities and screening shall be installed. c) Curb shall be installed around all parking lots. d) The petitioner shall relocate sanitary sewer lines and storm sewer lines within the site in accordance with City design standards and final approval. e) The petitioner shall execute a License agreement with the City to construct the outdoor patio area within a drainage and utility easement. f) The petitioner shall submit a nursery bid list at the time of application of the building permit that confirms that the value of the landscape plantings meet or exceed 5% of the value of the construction of the buildings based on Means Construction 10 Data. The landscape budget may include materials planted on the Tousignant's Prairie Crossing condominium property if the homeowner's association gives its written approval for the landscaping. g) No sign permit approvals are given at this time. A separate application and fees must be submitted and approved before the construction of any signs on the site. The motion carried 4-0. MOTION: Commissioner Blundetto moved, seconded by Burke, to recommend amendment of the last motion. Strike condition A from the conditions. The motion carved 4-0. 7. OTHER BUSINESS A. Discount Tire -Sketch Plan for Zoning Amendment and Site Plan of Proposed 6,950 sq. ft. Tire Sales and Installation Facility. Planning Intern Nick Meyers described the sketch plan fora 6,950 sq. ft. Discount Tire as a free standing building in the Hillcrest Acres development. Aaron Hemquist, of RLK Incorporated stated that they will work with Staff to bring architecture up to code and will apply for a conditional use permit. Commissioner Diekmann said that in regards to parking, 21 spaces are needed and 38 have been proposed. Hemquist responded that Discount Tire requires between 36 and 40 parking spaces for their design. Commissioner Blundetto noted that there is an area to the west of this property that was mandated as an auto-oriented business area. MOTION: Commissioner Blundetto moved, seconded by Burke, to schedule a public hearing May 16, 2007. The motion carried 4-0. B. CommerciaUlndustrial Land Use Study -Discussion of alternative development concepts prepared and submitted by property owners. Community Development Director Bruce Nordquist introduced City Planner Tom Lovelace. The Commission had requested that staff work with property owners affected by the Office/Industrial Market Potential Study, North of County Road 42, to assemble sketch plan options for their respective sites. Lovelace described the two submitted sketch plans. 11 Commissioner Blundetto asked if there had been any interest from a hospital. Nordquist replied that there had been. He then said that he would like to schedule a public hearing on May 16, 2007. MOTION: Comrissioner Blundetto moved, seconded by Burke, to schedule a public hearing May 16, 2007. The motion carried 4-0. C. Planning Commission Information Handbook Chair Churchill is looking for a smaller document that could be kept current. She will be looking for volunteers at the next meeting for a subcommittee on this. The City Attorney and the City Council would have to review any proposed documents. 9. ADJOURNMENT MOTION: Commissioner Burke moved, seconded by Diekmann, to adjourn the meeting at 10:36 p.m. t2