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HomeMy WebLinkAbout07/18/2007CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES July 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, Tom Melander, Thomas Helgeson, grid Keith Diekmann Members Absent: David Schindler, Frank Blundetto 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, Assistant City Engineer David Bennett, Planning Intern Nick Meyers and Department Assistant Barbara Wolff 2. APPROVAL OF AGENDA Chair Churchill asked if there were any changes to the agenda. Community Development Director Nordquist said the City had received a memo describing a new housing concept by Tradition Development, which will be released to the public on July 19"`. This was just brought to the City's attention, and staff wanted to make the Commission aware of it. The proposal does not change the agenda. There being no changes to the agenda, Churchill called for approval of the agenda. MOTION: Commissioner 1Vlelander moved, seconded by Commissioner Helgeson, to approve the Agenda. The motion carried 4-0. 3. APPROVAL OF MINUTES OF,JUNE 20, 2007 Chair Churchill asked if there were any changes to the minutes. There being none, she called for approval of the minutes. MOTION: Commissioner Melander moved, seconded by Commissioner Helgeson, to recommend approval of the minutes of June 20, 2007, meeting. The motion carried 4-0. Commissioner Burke arrived at 7:12p.m. 4. 2030 COMPREHENSIVE PLAN UPDATE/ACTIONS Chair Churchill announced this item will appear on the Commission's agenda at each meeting throughout the process. S:Aplanning~PLANCONIlM2007 agenda & minutesV071807m.doc Community Development Director Nordquist presented information on the Comprehensive Plan, highlighting the purpose of a Comprehensive Plan, which is to address the challenges of today and find opportunities for the future. He reviewed the City's process to date and listed upcoming events. He also discussed the search for a consultant to help the City with the Comprehensive Plan Update. Nordquist stated that six consultants were contacted, three of which submitted proposals and were interviewed. The three were SEH, Bonestroo, and Hoisington-Koegler Group, Inc. Hoisington-Koegler is the recommended consultant. Commissioner Melander stated he is impressed with this group and their active soliciting of input from citizens. Representatives have been well spoken, committed to the process and knowledgeable. He concurs with this recommendation. Brad Scheib, representative of Hoisington-Koegler, said the firm is excited to be here and to work with the community and planning staff. Chair Churchill stated that Rusty Fifield, who will be the project manager, is a close neighbor of both herself and Commissioner Burke. Because of that, she was more critical during the interviews. She read the proposals very carefully and asked pointed questions. She said Rusty came across with great passion and the depth of his answers was impressive. Commissioner Helgeson stated that he was also impressed by the scope of their work and the package that they put together. Hoisington-Koegler has excellent qualifications. MOTION: Commissioner Helgeson moved, seconded by Commissioner Melander, to recommend accepting Hoisington-Koegler as our consultant. The motion carried 5-0. Chair Churchill said the Comprehensive Plan is a very important aspect of managing the City into the future. The City strongly desires input from residents. The Comprehensive Plan 2030 Update will regularly appear on the Commission's agenda until the process is complete. 5. CONSENT ITEMS --NONE-- 6. PUBLIC HEARINGS A. River Valley Church C.U.P. -Consider amended condifional use permit to allow for changes in church operations floor plans. Chair Jeannine Churchill opened the public hearing with the standard comments. City Planner Tom Lovelace presented the request from petitioner, River Valley Church, for an amendment to an existing conditional use permit (CUP) to allow for the expansion of the Church's worship area from its current 8,500 sq. ft. to 20,279 sq. ft. in a 62,008 sq. ft. multi-tenant building located at 14898 Energy Way. S:Apla~ning\PLANCOMM~2007 agenda & minutesV071807m.doc Commissioner Helgeson asked if the CUP would need to be changed if the church modified the floor plan. Lovelace responded that it would require them to come back for an amendment if there were significant changes. Chair Churchill asked if the petitioner would like to add anything. Steven Wallick, a representative of Edward Farr Architects, Inc., presented a new site plan based on staff's comments. The daycare will be closing August 24, 2007. The function of the amendment would be for church use only. He also highlighted the following points: • There is sufficient parking for the expansion with 322 parking spaces. • The parking lot can be re-striped to increase the parking to 342 total spaces. • The children's ministry space will only be used by children and will not require additional parking. Chair Churchill asked for clarification of days regarding youth activities. Wallick said youth activities would take place on Wednesday and Sunday evenings. Commissioner Diekmann asked what was intended for the vacant area. Wallick said it would be used for restrooms, remote food prep and a lobby area for the youth auditorium. Commissioner Diekmann asked about the expansion of the main auditorium. Rob Ketterling, Pastor of River Valley Church, stated there will be no expansion of the main auditorium. The church does not have the space to expand other amenities that would be necessary to serve an expanded auditorium. Commissioner Melander asked if the other tenants are aware of the intended expansion. Ketterling said yes, and that tenants typically operate weekdays and the church typically operates Wednesday evenings and weekends. Commissioner Melander also asked if there were any conflicts with parking. Ketterling said that there has never been as issue. Commissioner Diekmann asked for clarification of the 50% assembly space. Wallick clarified that the assembly space includes the family auditorium, main area of worship and the youth auditorium. Chair Churchill stated that this is a public hearing and asked if any members of the public would like to speak on this issue. No one stepped forward. Lovelace said the City is not requesting action this evening and that staff be given time to review the architect's new site plan regarding parking calculations. S:\planning\PLANCOMM~2007 agenda & minutes\071807m.doc Chair Churchill asked for a motion subject to further review by City staff. After some discussion, the Commission concurred. Chair Churchill stated that normally the Commission does not act on an item the same night as its public hearing. However, because no public comments were received, the Commission could. move the item subject to staff approval of the revised plans and proof of parking. MOTION: Commissioner Helgeson moved, seconded by Commissioner Melander, to recommend approval of amendment of the existing Conditional Use Permit to revise the floor plan for River Valley Church subject to staff approval of parking calculations and floor plans. The motion tamed 5-0. Commissioner Diekmann asked, and Lovelace confirmed, that the same conditions attached to the first conditional use permit would be attached to the amended CUP. LAND USE/ACTION ITEMS A. Hillcrest Acres Rezoning -Consideration of rezoning of Lot 7 from Planned Development No. 679/zone 2 to Planned Development No. 679/zone 3. Planning Intern Nick Meyers described the proposal and reviewed the public hearing comments. RLK is requesting a rezoning of Lot 7, Block 1, Hillcrest Acres from "PD-679/zone 2," to "PD-6791zone 3." The site is located at the southeast corner of 151st Street West and Foliage Avenue. The current zoning on Lot 7 allows for a variety of commercial/retail uses as well as free standing buildings, but does not allow for service bays for installation of auto accessories. The rezoning to "PD-679/zone 3" would allow for the service bays as a conditional use as well as additional conditional uses such as a car wash, motor fuel sales, and drive-thrn facilities in conjunction with a Class II Restaurant, subject to the restriction that no more than two restaurants are allowed in this zone. There is currently adrive-thru at Milio's Restaurant, so one additional drive-thru facility would be allowed to locate on Lot 7. The public hearing for this item was held on June 20, 2007. Meyers presented the public hearing comments and staff's response to the comments. A comment was received concerning location of road to south of site and location of pond. Meyers stated the road alignment is consistent with the master plan approved during the initial site development process and will not affect the pond. A comment was received concerning screening of the site. Meyers stated that screening on the site will be addressed with a landscaping plan when a development proposal is submitted to the City and will be similar to Home Depot. A comment was received concerning the intersection of the southern road not lining up with street to the west and headlights of vehicles shining into residential areas. S:Aplaurting~PLANCOMMi2007 agenda & minutesV071807m.doo Meyers stated that the alignment of the road is consistent with the approved master plan. The use of screening should minimize the effects of the headlights. A comment was received asking whether a traffic study had been completed. Meyers said a traffic study has not been done on the possible effects of a rezoning. The site is currently zoned for retail uses and the rezoning will not necessarily increase the allowable developable area nor will it change the designation of the land from the guided commercial uses. The City's traffic engineer consultant provided information on trip generation rate for a fire store vs. a specialty retail center. The Commissioners discussed following: • The rezoning pertains to the entire parcel. • Traffic concerns with nearby Kelly Park. • Turning lanes into the area. • Property owners should ensure private roads in the area remain striped. • Traffic on Foliage Avenue appears to exceed speed limits. Chair Churchill asked if the petitioner would like to add anything to the discussion. Aaron Hemquist. of RLK, Inc. said this property has sat vacant for 4-5 years and they are anxious to develop the site. They have a retailer, Discount Tire, that wants a building site and the rezoning is necessary for the retailer. Hemquist presented information about Discount Tire and its operations. Commissioner Helgeson stated to Hemquist that he would like to see him take their comments regarding road accesses and pedestrian friendly areas into consideration as the site plans develop. MOTION: Commissioner Melander moved, seconded by Commissioner Burke, to recommend approval of the rezoning of Lot 7, Block 1 Hillcrest Acres from PD 679/zone 3 to PD-679/zone 2. The motion carried 5-0. B. Residential Parking Ordinance Amendments -Consideration of amendments to the City Code regarding the parking and storage of motor vehicles and trailers on residential lots. Chair Churchill stated the City has been reviewing this for the last couple of years. The City has made two attempts to solicit public input via surveys with very little response. At this time, the Commission is not taking public input. The Commission will be attempting to close this issue this evening. Associate City Planners Kathy Bodmer and Margaret Dykes presented the current code and then presented the proposed amendments to the code. Bodmer and Dykes stated there were three remaining issues to discuss with the Commission. S:\planning\PLANCOMM\2007 agenda & minuEes\071807m.doc 1. Width of driveways. The proposed ordinance would limit a residential driveway to no more that 35% of the width of the lot. The Commission stated it wanted a set number to be the maximum width. The Commission stated that the Code should be amended so that the maximum width of a residential driveway shall not exceed 40 feet at its widest point. 2. Paved surfaces. The proposed code would require all motorized vehicles be parked or stored on a paved surface. The Commission stated that the amended code should only require motorized vehicles licensed for on street use, and all Class II vehicles and trailers to be parked or stored on a paved surface. 3. Parking permit criteria. The proposed amendment has several criteria, and staff is recommending additional conditions. The following conditions are recommended: • The permit shall be valid for a period of no more than one year. • All vehicles must be entirely located on the established driveway or storage area. Vehicles may not encroach into or otherwise block a sidewalk, any established roadway, intersection or ctosswallc. • All vehicles must be parked in an orderly manner completely on the paved driveway and not on grass or other non-paved surface. • All vehicles must be operational and properly licensed. • The property owners shall comply with all other provisions of the City Code including, but not limited to, late night parking and no parking or storage of junk vehicles as defined in the Code. • The City Council may require additional screening to protect neighboring properties. After extensive discussion regarding wording and consulting with City Attorney Sharon Hills, the Commission decided that the section of the code pertaining to parking permits should be reworked and come back before the Commission at another time. Chair Churchill had a comment regarding the driveway surfacing and said it needs to be cleaned up. The Commission decided not to act on the item but review at a later meeting. C. M & I Bank -Consider site plan/building permit authorization to allow for construction of a 4,600 sq. ft. bank with 4 drive-thru lanes. Associate City Planner Margaret Dykes presented the proposal for site plan building permit authorization for an approximately 4,600 sq. ft. bank with 4 drive-thru lanes located next to the new CVS, generally located at the southwest intersection of County Road 42 and Galaxie Avenue. S\planning~PLANCOMM~2007 agenda & minutesV071807m.doc The building generally meets all required performance standards. There are no major outstanding issues with the plan. There. is one sidewalk connection to County Road 42 from the building. No pedestrian connection is shown to 151St Street West. Commissioners Diekmann and Helgeson stated that because this area is near the Central Village; an additional pedestrian connection should be made with the CVS property to the east or with. the existing sidewalk on 151St Street to the south. Chair Churchill asked if there would be any problem with adding in pedestrian access. Sean Lathrop of KKE Architects stated that they can work with planning staff for a reasonable pedestrian location. MOTION: Commissioner Helgeson moved, seconded by Commissioner Diekmann, to recommend approval of an approximately 4,600 sq. ft. one-story bank with. a maximum of 4 drive-thru lanes to be constructed. on Lot 1, Block 1 Southport 3ra Addition with accordance of plans received in City offices on June 27, 2007, subject to the installation of a pedestrian access from to Galaxie Avenue or to 151St Street W. The motion carried 5-0. D. Burrows Variance -Consideration of a proposed variance to allow for the establishment of a sand beach in the Farquar Lake buffer zone. City Planner Tom Lovelace presented the request for a variance from the wetland buffer requirement of the City's Natural Resources Management Ordinance so that the residents of 4827 Dominica Way may put additional sand over an existing 40- wide beach on their property. The property is located on Farquar Lake. The City Code requires that a wetland buffer zone shall be preserved, or established and maintained for any property that abuts a water edge. A wetland buffer zone is defined as the area between a line delineating the wetland edge and a line parallel to and upland 15 feet from the wetland edge. The purpose of a wetland buffer zone is to intercept nutrients, reduce runoff, erosion, and sedimentation. The property was platted in 2005. The property must now comply with all applicable City Codes, including the establishment of a 15-foot wide wetland buffer area. However, Lovelace stated that the beach was established prior to the platting of the subject property, and that the Minnesota Deparhnent of Natural Resources (DNR) has regulations regarding the beach. Staff is asking that the resident be required to comply with the regulations of the DNR for the existing beach; and establish a wetland buffer area on the remaining shoreland by May 15, 2008. Commissioner Diekmann wanted to know why there was a sunset date. Lovelace responded that two planting seasons will allow the home owners to establish the buffer zone. Chair Churchill asked if the petitioner would like to add anything. S:\planning\PLANCOMM\2007 agenda & minutes\071807mdoc Steve Burrows, 4827 Dominica Way, presented a proposal of maintaining a minimum 7.5 feet of buffer zone on the north shore of their property. Currently the north shore buffer zone ranges from 6-11 feet. Burrows presented photos of his property to show the current buffer zone. Lovelace provided the defmition of a buffer zone and a DNR brochure for shoreline alterations to address a comment from Commissioner Diekmann regarding the definition of a buffer zone. Commissioner Diekmann agrees with the planning staff recommendation to stay with the 15 foot of buffer zone. Commissioner Melander recommends a more generous timeline to establish the 15 foot buffer zone. MOTION: Commissioner Diekmann moved, seconded by Commissioner Melander, to recommend approval of the variance to allow for the dumping of sand in the wetland buffer zone on Lot 1, Block 1, Brynn Addition, in a location as indicated on the site plan date June 20, 2007,.based upon the finding that the granting of the variance will not alter the essential character of the locality and the granting of the variance will be in keeping with the spirit and intent of the applicable ordinances, subject to the following: • The establishment of the beach shall be in accordance with regulations set forth by the City of Apple Valley and the MnDNR. • A 15-foot wetland buffer zone shall be fully established along the water's edge, excluding the beach area, in accordance with the Natural Resources Management Ordinance by May 15,.2009. The motion carried 5-0. l E. Pampered Pet Spa/Daycare -Code interpretation to allow use in the "BP" zoning district. City Planner Tom Lovelace presented the request from EFH Co., owners of Pilot Flex Center, located along the west side of Energy Way, south of Upper 147`" Street. West, for a pet spa/daycare operation to be located in one of the buildings. The property owner is seeking an interpretation of the code. It is currently zoned "BP" (Business Park). The "BP" zoning district allows animal hospitals or clinics, with no exterior storage or animal runs as a permitted use, but has no provision for kennels. There is currently one such operation, Dog Day Getaway at 6950 146th Street W., which is located in "PD-409" (Planned Development) zoning district. Allowing a similar type of use will provide opportunity to others. Mike Whalen, of EFH Co., stated that he felt it was an acceptable use within the business park zoning as this is the only property zoned "BP" in Apple Valley. S:\planning\PLANCOMM\2007 agenda & minutes\071807m.doc Matt and Danielle Virtue, owners of Pampered Pet Spa/Daycaxe, stepped forward to answer questions regarding the management of the facility. The Commission brought up issues of how the dogs are exercised, if all business activity takes place indoors, and the hours of operation. The Virtues stated they would have trough drains inside, which would drain into City sanitary sewer. The property is 8,000 sq. ft. with over 5,000 sq. ft. of exercise area indoors. Instead of pea gravel, they will use an antimicrobial artificial. carpet/grass that can be washed. Typically, their business hours would be 7 am-6 pm. It typically takes about four hours to groom a dog, and they would like the daycare for those people that have to go to work. Commissioner Helgeson stated that he agrees that this business is similar to a veterinarian hospital but to be cautious with the planning of a potential future outdoor run. MOTION: Commissioner Helgeson moved, seconded by Commissioner Burke, to recommend approval that the BP zoning district be amended to allow dog daycare as a permitted use with any outdoor activities to be a conditional use. The motion carried 5-0. 8. OTHER BUSINESS A. Apple Valley Business Park Sketch Plan -Sketch plan review of a proposed commerciaUindustrialdevelopmmt that will include 253,000 square feet of office, office/showroom and office/warehouse on 27.20 acre site. City Planner Tom Lovelace presented the request from Hub Management for comments from the Planning Commission regarding a development proposal for a 27.2 acre site that will include office/showroom, office/warehouse, and general office uses. The site is located at the northeast corner of future 147th Street West and Flagstaff Avenue. Access to the site will be via the extension of 147th Street West. This property was part of the City's recent Industrial Land Use Study. On June 14, 2007, the City Council approved a resolufion to submit a request to the Metropolitan Council for redesignation of this property from "MIX" (mixed use) to "IND" (Industrial). It is being reviewed by the Metropolitan Council. The property is currently zoned "I-2" (General Industrial) and the proposed uses appear to be consistent with the ordinance. Commissioner Diekmann asked if this would trigger an extension of Flagstaff Avenue to 140th Street W. Lovelace said not necessarily. The further development of Midtown Village by Wensmann Development would actually trigger the extension. S:\plaaning\PLANCOMM\2007 agenda & minutes\071807m.doc The Commission generally agreed the proposal is exactly what they want to see here. It is a challenging area, but the Commissioners stated they like this use. Cornmissioner Helgeson stated that he was not thrilled with the entrance in the back lot. He would like to see that reviewed. B. East Valley Plaza Coffee Shop -Sketch plan review for a proposed drive-thru window in conjunction with a coffee shop. Associate City Planner Kathy Bodmer stated that WCL Associates, Inc. requests feedback from the Commission on a proposed drive-thnx window in conjunction with a coffee shop at East Valley Plaza shopping center, located at 14050 Pilot Knob Road. The coffee shop is proposed to be located on the southwest end of the building with the drive-thru window on the west end of the building. The current zoning would not allow this type of business. The RB zoning district allows Class I Traditional, Casual and Cafeteria Restaurants as permitted uses. Class II Fast Food Restaurants are allowed only by conditional use permit. Class III Neighborhood Restaurants are not listed as either permitted or conditional uses. The City may find that adrive-thru window associated with a coffee shop will not negatively impact adjacent residential areas. If that is the case, it may be most appropriate to amend the Class III restaurant definifion and the RB zoning district to allow Class III restaurants. Commissioner Diekmann asked how the drive-thnx for a coffee shop differs that much from the drive-thru at the Walgreen's. Bodmer stated that the ordinance is referring to the nuisances that generally are characterized by a fast-food drive-thru, such as deep-fried food odors, litter, etc. Chair Churchill suggested a Class III zoning with a conditional use of a drive-thru in a retail business zoning district. The Commission agreed with this. C. Update on Regent Senior Building Associate City Planner Margaret Dykes stated the Hartford Group has submitted a proposal fora 145 unit senior rental apartment building to be constructed on Lot 1, Block 2, the Legacy of Apple Valley, which is a 2.45 acre lot located in the Central Village. The proposal requires zoning amendments. The building is proposed to have a mix of independent living units, assisted living units, and care suites. Of the 145 units, 85 will be generally dedicated to "independent living" units, 45 will be "assisted living" and 15 will be "care suites." 5:\planning\PLANCOMM\2007 agenda& minutes\071807m.doc 10 After the public hearing held on May 16th, the City Attorney's office advised staff that the 15 care suites are considered either an institutional or commercial use, and the zoning ordinance would need to be further amended to allow these types of uses in the planned development district. Commissioner Diekmann said that if the care suites are removed, he is not in favor of reducing the parking requirement. Chair Churchill said the surface parking is woefully inadequate unless underground parking spaces are made available for staff and guests. Commissioner Melander said they should be ready to address similarities to other facilities that provide similar care, and whether the Hartford facility will be flexible and accommodate changing demographics. 9. ADJOURNMENT MOTION: Commissioner Helgeson moved, seconded by Commissioner Melander, to adjourn the meeting at 10:32 p.m. The motion carried 5-0. S:\planning\pLANCOMM\2007 agenda & minutes\071807m.doc 11