HomeMy WebLinkAbout06/06/2007CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
June 6, 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, Frank Blundetto, Tim Burke, Keith Diekmann, Thomas
Helgeson, Tom Melander, and Dave Schindler
Members Absent: None
Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace,
City Attorney Sharon Hills; Associate. City Planner Margaret Dykes, and City Engineer Dave
Bennett.
2. APPROVAL OF AGENDA
Chair Jeannine Churchill asked if there were any changes to the Agenda for June 6, 2007.
Community Development Director Bruce Nordquist stated that there was new memo before the
Commission clarifying information for Item 6A. Chair Churchill called for approval of the
amended agenda.
MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, to approve the
Agenda. The motion carried 7-0.
3. APPROVAL OF MINUTES OF MAY 16, 2007
Chair Churchill asked if there were any changes to the minutes. There were no changes from City
Staff. Churchill asked for a correction to Item 6A on Page 9 to note that she had stated the City
Code does not require the City approve an annual on-site parking permit, but there isn't a specific
criterion on which the City should deny a permit.
Chair Churchill called for approval of the amended minutes.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke, to recommend
approval of the amended minutes of the May 16, 2007, meeting. The motion carried 5-0, with
Commissioners Melander and Helgeson abstaining.
4. CONSENT ITEMS
None.
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5. PUBLIC HEARINGS
A. Cermak 1st Addition -Public hearing to consider to consider rezoning from
"PD-138/zone 2" to "R-3", preliminary plat and front yard setback variance for
existing single family home.
Chair Churchill opened the public hearing with the standard comments.
Associate City Planner Margaret Dykes introduced the request from two abutting property owners
for the following actions:
Rezoning of 13190 Flagstaff Avenue, a single family lot, from "PD-138, Zone 2" to "R-3";
Preliminary plat to move common property boundary 17 feet between 13190 Flagstaff
Avenue. and 13200 Flagstaff Avenue; and,
Variance to reduce the front yard setback from the required 30 feet to 28 feet for 13190
Flagstaff Avenue, an existing single family residence.
Dykes explained that the two property owners, Dave Cermak, of 13190 Flagstaff Avenue, and
Thomas Sinkula, of 13200 Flagstaff Avenue, are requesting the actions so that Mr. Cermak may
purchase 17 feet of the Sinkula property. Because the City Code does not permit a single lot to lie
within two zoning districts, the Cermak property must be rezoned if the property is to be replatted.
Dykes said "PD-138, Zone 2" has the same requirements as the "R-3" zoning district, and there
should be no impact to the surrounding properties if the Cermak property was rezoned to "R-3".
Regarding the proposed plat, Dykes stated that the request is simply to move the common property
boundary 17 feet to the south, so that Mr. Cermak may purchase approximately 2,300 sq. ft. of Mr.
Sinkula's property, which he says he has been maintaining for the last 10 years. Dykes said there
are no proposals to alter the existing single family residences. The requested replatting is simply a
lot boundary alteration. The existing drainage and utility easements on the two lots will need to be
vacated and reestablished on the proposed plat of Cermak First Addition, subject to the retention of
any easement necessary to serve the plat.
Dykes also discussed the request for a variance of the existing single family house at 13190
Flagstaff Avenue. The Cermak house, which was constructed in 1978, is approximately 28 feet
from the front property line, rather than the required 30 feet, though it does not appear that a
variance was granted for this house. Dykes stated that staff believed a variance was justified
because the house was constructed as a non-copforming use, and the current homeowner did not
cause the non-conformity. The split-level house cannot be modified at this time so that it meets the
setback requirements.
Commissioner Blundetto requested clarification on the requested action. Staff and Chair Churchill
further clarified the request.
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 comments were received. Chair Churchill closed the hearing and
stated that though it is the policy of the Planning Commission not to act on an item the same night as
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its public hearing, because there were no comments from the public and the Planning Commission
had no outstanding issues, she called for three separate motions.
MOTION: Commissioner Helgeson moved, seconded by Melander, to recommend approval of a
rezoning of 13190 Flagstaff Avenue from "PD-138, Zone 2" (Planed Development) to "R-3" (Single
Family ResidentiaUminunum lot area of 11,000 sq. ft). The motion carved 7-0.
MOTION: Commissioner Helgeson moved, seconded by Burke, to recommend approval of a
preliminary plat for Cermak First Addition, subject to dedication of all easements necessary to serve
the plat. The motion carried 7-0.
MOTION: Commissioner Helgeson moved, seconded by Melander, to recommend approval of a
variance for 13190 Flagstaff Avenue to reduce the front yazd setback from the required 30 feet to 28
feet to accommodate an existing single family residence. The motion carried 7-0.
6. LAND USE/ACTION ITEMS
A. Industrial Land Comprehensive Plan Amendments -Consider amendments to
the 2020 Land Use Map redesignation properties for "MIX" (Mixed Use) to
"IND" (Industrial).
City Planner Tom Lovelace presented amendments to 2020 Land Use Map in the City's
Comprehensive Plan, which has been initiated by the City. The request pertains to several sites
located north of County Road #42, directly east of Galaxie Avenue, and generally east of Flagstaff
Avenue and along. the east and west side of Johnny Cake Ridge Road.
Lovelace explained the request is based on a study entitled Apple Valley Offtce/lndustrial Market
Potential. The study, completed by a consultant retained by the City, examined 455 acres of land
guided "MIX" (Mixed Use) in the Comprehensive Guide Plan, and zoned "I-1" (Limited Industrial),
"I-2" (General Industrial), or "SG" (Sand and Gravel) for the purpose of completing a market
analysis of the subject area and determining the future demand for office/industrial space that the
City needs in order to attract and retain industries and businesses that provide head-of-household
jobs. Of 455 acres, the study concluded that 235 acres could be absorbed for office/industrial by
2025. The City began the review of these areas approximately one year ago and both the Planning
Commission and the City Council have thoroughly reviewed the study.
There aze three parcels to be reviewed by the Commission. These properties guided Mixed Use and
zoned Industrial or Limited Industrial. The item before the Commission is the amendment to the
City's Comprehensive Plan to redesignate the subject properties from "MIX" (Mixed Use) to "IND"
(Industrial) so that the Comprehensive Plan designation and zoning are consistent.
Area A is mostly built out, and is unlikely to redeveloped. This area will likely stay light
industriaUretail.
Area B is composed of the Magellan tank farm and Hanson properties. When the City's
Comprehensive Plan was adopted, the City expected the Magellan facilities would be relocated.
However, Magellan wishes to remain on the site and has told the City it does not intend to relocate.
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There is some land that would be available for development, and the City has heard information
from HUB Development to possibly develop a portion of the Magellan site.
The Hanson Concrete facilities were also expected to be relocated, but as of 2007, the facility is
expected to be modernized and, thus, will be along-term occupant of the site.
Area C is owned by both Uponor and Venstar. The southern portion of Area C is owned by Uponor
and is intended to be used for an expansion of the Uponor facility. The northern portion is owned
by Venstar, which has submitted two informal sketch plans showing a mix of residential and office
uses. Option 1 showed 44 townhouses and 350 apartment dwelling units. Option 2 showed 20,000
sq. ft. of office space, 45,000 sq. ft. of office/industrial spaced and 362 apartment dwelling units.
Lovelace reviewed comments received at the public hearing held May 18, 2007. Many concerns
were raised at the public hearing regarding the sketch plans presented by Venstar, and traffic that
would be generated if apartment buildings were constructed on the site. Option 1 would generate
approximately 2,570 vehicle trips per day, and Option 2 would generate approximately 3,200
vehicle trips per day. If the site were developed only industrial uses and met the City's zoning
requirements, the development would generate approximately 1,820 vehicle trips per day. All
surrounding roads would be able to accommodate traffic generated by any of the scenarios.
Staff is recommending Areas A, B, and C be redesignated from Mixed Use to Industrial.
Chair Churchill asked Lovelace to recap the City's process to date. Lovelace explained process to
date, and why the City studied the parcels in question. He stated it had been a 12 month process,
and a consultant was retained to study the potential for development of industrial and office uses in
the City. The study was reviewed by the Planning Commission and the City Council. Though the
study included land south of CR #42, Lovelace is recommending that the City not amend or change
the designation of this area until the City adopts its 2030 Update to the Comprehensive Plan.
Nino Pedrelli, representing Venstar, and stated they believe a mix of industrial and multi-family
uses is best use of the land they own. They believe the multi-family will provide a buffer for the
single-family homes surrounding the existing industrial uses.
Commissioner Melander said the City does not have much land guided or zoned for industrial
development and should preserve land available for this type of development.
Community Development Director Bruce Nordquist said he understands Uponor maybe interested
in the offices proposed by Venstar. Nordquist asked Pedrelli if a less dense multi-family
development is possible. Pedrelli said that is possible, but they are proposing atransition-type of
development. They aze not actually proposing any site plan. They would like a mix, but densities
aren't fixed.
City Planner Lovelace said when the City was developing the 2020 Comprehensive Plan, larger
tracts of land were considered for the MTX use. However, now that the Hanson and Magellan
properties are not going to be open for redevelopment, it makes it more difficult to create Mixed
Use developments. Additionally, the sketch Venstar proposal is much denser than anything
proposed else where in the City.
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Commissioner Schindler said the Venstar site is a tough piece of property, but is leaning towards
redesignation of V enstaz to industrial. He believes it is in the best interest of the City to hold onto
industrial land for industrial development.
Commissioner Blundetto said he believed there should be a buffer between existing single family
housing and existing industrial uses. He said there should be some type of transition. Blundetto
said he supports high density in this area.
Commissioner Helgeson agreed with Commissioner Blundetto and that some buffer is needed. The
City needs industrial development, but it also needs to take care of existing residents. He suggested
that the aparhnent on Johnny Cake (South Building) should be industrial/office use. This would
give the site an approximately 50/50 mix. An alternative or additional option would be to have
some residential also be on eastside. If there is a berm, then the some of the buildings could be
industrial. He believes there are workable alternatives.
Commissioner Melander said the Venstar site has been always zoned industrial, and it ought to be
redesignated as industrial.
City Planner Lovelace stated that any future development will take surrounding uses into account,
and will be required to meet City performance standards regarding compatibility, transitions and the
like.
Commissioner Schindler said residents have expected industrial development and the City can
ensure that adequate buffers, like berms, will be used.
Commissioner Helgeson asked if Venstar could construct office and industrial buildings if the site is
redesignated. Lovelace confirmed this was true.
Commissioner Blundetto asked Chair Churchill if the motions suggested by staff could be sepazated
into three motions so that they can vote on them individually. Chair Churchill consented to the
request.
Pedrelli stated that berms can be placed around multi-family as well as other restrictions on property
to protect the area and other residents. He said that a Planned Development zoning could also work
on this site so that there would be a mix of office/industrial and multi-family residential.
Commissioner Diekmann suggested a further breakdown of Area C into the southern and northern
portions.
Chair Churchill called question
MOTION: Commissioner Melander, seconded by Commissioner Schindler, to recommend
approval to change the designation on the City's 2020 Land Use Plan Map of "Area A" as shown in
the study entitled Apple Valley OfficeQndustrial Market Potential from "MIX" (Mixed Use) to
"IND" (Industrial). The motion carved 6-1, with Commissioner Blundetto dissenting.
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MOTION: Commissioner Melander, seconded by Commissioner Schindler to recommend approval
to change the designation on the City's 2020 Land Use Plan Map of "Area B" as shown in the study
entitled Apple Valley Office/Industrial Market Potential from "MIX" (Mixed Use) to "IND"
(Industrial). The motion carried 7-0.
MOTION: Commissioner Melander, seconded by Commissioner Schindler to recommend approval
to change the designation on the City's 2020 Land Use Plan Map of the northern portion of "Area
C" as shown in the study entitled Apple Valley Office/Industrial Market Potential from "MIX"
(Mixed Use) to "IND" (Industrial). The motion carried 4-3, with Commissioners Blundetto,
Diekmann, and Helgeson dissenting.
MOTION: Commissioner Melander, seconded by Commissioner Burke to recommend approval to
change the designation on the City's 2020 Land Use Map of the southern portion of "Area C" as
shown in the study entitled Apple Valley Office/Industrial Market Potential from "MIX" (Mixed
Use) to "IND" (Industrial). The motion carried 7-0.
An unidentified resident asked to speak. Chair Churchill acknowledged him. He asked why this
item was not a public hearing. Chair Churchill explained that the public hearing had been held.
City Planner Lovelace also explained the City's notification procedure for items requiring a public
hearing, which is to notify residents within 350 feet of the property under review. Chair Churchill
stated that the City Council will also review this item and that the Council has final say on the
request.
B. Cobblestone Lake Commercial Signage Amendment -Consider amendment to allow
for increased Signage for the Cobblestone Commercial development.
City Planner Tom Lovelace introduced the petition from Ryan Companies US, Inc. to amend the
master sign plan to allow for an increase of sign area of the major anchor/center sign from 180 sq.
ft. to 312 sq. ft. for the Cobblestone Lake Commercial development. The approved 25 acre retail
site includes a 179,443 sq. ft. Target and three multi-tenant buildings totaling 33,600 sq. ft. Future
development will include a 5,000 sq. ft. bank and a 5,600 sq. ft. and 4,555 sq. ft. freestanding
restaurant. Ryan Companies is requesting the amendment so that three (3) 3 ft. x 12 ft. panels can
be installed on the approved ground sign. This will create ground Signage for freestanding
buildings that will be in the same shopping center as an approved SuperTarget to be located
generally at the intersection of 155a' Street W. and Pilot Knob Road. The applicant says by
increasing the size of the major anchor/center sign, the site will forgo second sign.
Commissioner Helgeson asked how the sign will be lit. Molly Carson, representing Ryan
Companies, said it would be an internally lit sign. Helgeson asked if there would be any restrictions
on graphics. Carson said private agreements would restrict the type of Signage that could be
installed on the sign. She said corporate icons would not be part of the agreement.
Commissioner Helgeson questioned the need for Recommendation #3 in the staff report. City
Planner Lovelace said staff recommended that motion so that future property owners understand
there will be no additional signs on the site.
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Commissioner Helgeson was concerned that a literal interpretation could limit future signage and
wanted the language refined to reflect his concern.
Commissioner Blundetto stated Recommendation #3 should be removed. Commissioner Diekmann
requested fiirther clarification of the definition of "Area Identification". He also supported the
removal of Recommendation #3.
Chair Churchill called the question.
MOTION: Commissioner Helgeson moved, seconded by Diekmann, to recommend approval of an
amendment to the existing Cobblestone Lake Commercial master signage plan to increase the sign
area of the major anchor/center sign located along the east side of Pilot Knob Road and north of
157x' Street West from its current 180 square feet to 312 square feet subject to the following
conditions:
1. No other monument, pylon or anchor/center signs shall be allowed within the Cobblestone
Lake Commercial development site.
2. All signage shall be in conformance with the current sign regulations as set forth in the City
Code and the amended Cobblestone Lake Commercial development master sign plan dated
Apri12007.
3.: Conditions 1 and 2 shall be included and clearly spelled out in any and all land building
lease or sale agreements.
The motion carried 7-0.
7. OTHER BUSINESS
None.
8. ADJOURNMENT
MOTION: Commissioner Helgeson moved, seconded by Schindler, to adjourn the meeting at 8:11
p.m. The motion carried 7-0.
7
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