Loading...
HomeMy WebLinkAbout10/17/2007CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES October 17, 2007 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, Tom Melander, Thomas Helgeson, Frank Blundetto, Tim Burke, Keith Diekmann and David Schindler Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Associate City Planner Kathy Bodmer, Associate City Planner Margaret Dykes, City Attorney Sharon Hills, Assistant City Engineer David Bennett and Department Assistant Barbara Wolff 2. APPROVAL OF AGENDA Chair Churchill asked if there were any changes to the agenda. Community Development Director Bruce Nordquist stated that there were some numbering issues on the agenda and that the Commission has a new agenda in front of them. MOTION: Commissioner Burke moved, seconded by Commissioner Helgeson to approve the revised agenda. The motion carried 7-0. 3. APPROVAL OF MINUTES OF OCTOBER 3, 2007 Chair Churchill asked if there were any changes to the minutes. There being none, she called for approval of the minutes. MOTION: Commissioner Diekmann moved, seconded by Commissioner Helgeson, to recommend approval of the minutes of the October 3, 2007, meeting. The motion carried 7-0. 4. 2030 COMPREHENSIVE PLAN UPDATE/ACTIONS Community Development Director Bruce Nordquist stated there is now a link posted on the City website to connect to information pertaining to the Comprehensive Plan Update. The website may be accessed at www.citvofap levallev.or>? or www.ci.apple-valley.mn.us. Once on the website, look for the link titled "Comprehensive Plan Update Home Page". This page was designed by Hoisington Koegler Group, Inc. It gives some background information, a Power Point presentation, and the community input form. Also, on November 14th, the Commission will be holding a study work session with Rusty Fifieid from Hoisington Koegler, Inc. at 5:30 p.m. in the Regent Conference Room before the regularly scheduled Planning Commission meeting. The focus will be land use planning. Chair Churchill added her encouragement for the public to forward their comments to the City. The Commission welcomes and wants. the public's comments. S:\planning\PLANCONIM\2007 agenda & minutes\101707m.doc 5. CONSENT ITEM A. Olson Variance -Consider front yard setback variance of 2 feet to allow construction of a front portico 28 feet from the front property line. Chair Churchill hearing no comments from the Commission called for a motion. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler to approve a variance for the single family residence located at 12675 Florida Lane to reduce the front yard setback from the required 30 ft. to 28 ft. for a covered entryway as shown on the submitted plan dated October 8, 2007, to alleviate ice build-up in the winter. The motion carried 7-0. 6. PUBLIC HEARING A. Legacy North Condominiums -Consider proposed amendments to "PD-739" and preliminary plat; and site plan/building permit authorization to allow for the construction of five townhouse buildings with a total of 94 dwelling units. Associate City Planner Kathy Bodmer introduced the item. The Hartford Group is requesting approval of zoning code amendments and site plan review/building permit authorization to constmct five townhome buildings in the Legacy of Apple Valley North development. The master plan for the area, approved May 27, 2004, showed five townhome buildings with a total of 96 units. The current plans call for the construction of five townhome buildings with a total of 94 residential units. The townhome buildings will be platted as condominium units to allow for sale of individual units in the future. Bodmer stated the petitioner is requesting three amendments to the Planned Development Zoning District No. 739 (PD-739). The first is an adjustment of the sub-zones in the P.D district; staff believes this is a housekeeping item with no issues. The second is a reduction of the setbacks on the short sides of the buildings from 15 ft. to 5 ft., which staff believes may increase the slopes of the driveways and restrict the amount of room available for snow storage and small utilities. Because the shortest setback shown on the plans is 8.5 ft., staff recommends that the setbacks be no less than 7ft. The change to the setback will not impact the project layout. The third request is a revision to the required exterior building materials to allow concrete products that look like clay brick and stone. Any amendments to PD-739 will impact the development of the property on the west side of Galaxie Avenue. A total of 255 parking spaces are required with a minimum of 94 garage spaces and 161 surface spaces. The plans show that 273 total spaces will be provided, which is 18 over the requirement, with 188 garage spaces and 85 surface spaces. While the development provides two underground parking spaces per unit, staff is concerned about the availability of surface parking. Of the 85 surface parking spaces provided, 66 are on public streets, which cannot be used for overnight parking. The on-street and shared parking must also be available for Kelley Park, the commercial buildings and the senior apartment site. A condition of approval of the development should include the requirement that all of the units be assigned two garage spaces each. In this development, given the reduced number of surface parking spaces, it will be necessary to ensure that the underground parking spaces are used. S:Aplanning~PLANCOMM~2007 agenda& minutes\101707mdoc The Fire Department is concerned about gaining access to the long side of building 4. The petitioner is exploring whether an area along the property line could be reinforced with green pavers that would allow a fire truck to have access to the building. Under the Fire Code, the maximum distance from the street to the front door of a unit is 150 feet. While building 4 meets. this requirement, the Fire Department wants more direct access to'the center of the building to fight a roof fire if that was necessary. The plans show the dwelling units facing Kelley Park will haue private sidewalks traversing the park property to connect up with the park trail. City Staff is strongly opposed to the connection for several reasons. First, the trail is the only means of access to the front of the buildings, so the residents would be using City park property for their private use. Second, the trail is in a City park, which the City treats as a lower priority for snow plowing. Third, staff is concerned that there may be increased liability issues: The grading plan was reviewed by the City Engineer. He stated that the lowest opening of the garages must be a minimum of 3' above the 100 year high water level or 943.3 feet, but it appears the grading plans. address this issue. He also asked that the petitioner address how the flow from the roof leaders will be handled. He also stated that the maximum driveway slope must not exceed 8%; the grading plan is not clear about the driueway grades. The Natural Resources Coordinator reviewed the landscape plans, and stated that overall the landscape plan provided plantings that are hardy for the area and will provide seasonal color and variety. However, the shape of the trees at maturity must be considered and there are areas where mature trees will conflict with buildings. The final landscape plan must be submitted at the time of application of the building permit. The elevation drawings indicate that the exterior of the buildings will be constructed of a combination of brick and. cementitious board with a stucco finish. The PD district currently requires a minimum of 50% true brick or stone with the balance allowed to be cementifious siding and panels. The petitioner is seeking an amendment to the requirements. Municipal utilities are available at the site. The utilities are currently installed in the development in accordance with the approved Legacy of Apple Valley North plan. Single utility lines are stubbed into each of the lots. However, none of the small utilities including gas and. electricity have been extended into the area. No building permits will be issued until these utilities haue been installed. A storm sewer line is shown installed between buildings 3 and 4. Because this development will have a single homeowners association, the storm sewer will be a private line to be maintained by the condo association. Commissioner Diekmann asked if the streets on both the east and west sides of the plan are public streets and also clarified that there is no overnight parking on these public streets. Also, he counted 76 surface parking spaces. Bodmer confirmed both issues and added that the 76 surface parking spaces would also provide surface parking for the proposed senior site. S:\planning\PLANCOMM\2007 agenda & minutes\101707mdoc Diekmann said he is concerned that there may be a shortage of parking spaces once the senior complex is completed and also with the Kelley Park being as popular as it is. Commissioner Blundetto inquired as to how the two spaces per unit match up with other cities in the area. He does think the two spaces sound like a significant amount. And with these spaces used solely by the residents, the residents should have no need to park on the streets or in the lots. Bodmer confirmed that the Hartford Group is doubling the requirement. Frank Janes, representing the petitioner, the Hartford Group, stepped forward to discuss the three major issues reviewed by staff. First, the parking issue. There will be no parking restrictions. Each unit will have two underground parking spaces available to them which will handle the parking requirements for the residents. As the remainder of this area is developed there will be more surface parking available as well as underground parking provided. Because of this, Hartford Group does not feel that the parking is an issue. Second, the issue of the connection of private sidewalks to City trails. Janes said it had always been Hartford's intention since the 2004 master site plan was approved to have the homeowners' walkways connect up with the public sidewalk in Kelley Park and that the association would maintain these connections. Hartford is certainly willing to enter into aneasement/maintenance agreement with the City. This then would be the association's liability and any problems arising out of this would be the homeowner association's issue, not the City's. This sort of problem is not uncommon with these more urban developments. Third, the fire issue. Again, the 2004 approved master site plan showed the general layout and massing of the buildings. Janes said the plans meet the City standard and that buildings can be reached by City equipment. Additionally, the buildings are sprinkled. Hartford is willing to work with the staff, but believes the master plan addressed the design of the buildings. Commissioner Schindler asked for explanation of the grade as it relates to the sidewalk. Janes said the elevated stoops and doorways, and corresponding walkways lead to the public sidewalk. Janes stated that the existing sidewalk is 8 ft. in width. If they were to build another private sidewalk it would meet with the existing sidewalk and aesthetically serve no purpose. Commissioner Helgeson said he agreed with the petitioner regarding the aesthetics, although he is agrees with the City and would rather not see them connect with the City trail. In regards to the fire issue, could the sidewalk be rebuilt or reinforced to meet load access? Janes said Hartford is in favor of not tearing up that area. Hartford is of the opinion that the master plan was approved, the building design was approved, and it meets the City ordinance for distance. Commissioner Helgeson said he is leaning towards connecting into the City trail and legally having the homeowner's association be responsible for the maintenance, etc. Commissioner Burke also said he is in agreement of connecting the private sidewalks with the City trail, although he questioned if there were any plans for demarcation between the private and public properties. S:\planning\PLANCOMM\2007 agenda & minutes\101707m.doc Janes asked Patrick Sarver, also of Hartford and the landscape architect on the project, to respond. Sarver said Hartford could modify the materials to clearly mark the private space connecting up to the park space. Commissioner Diekmann said that the terraced sidewalk may eliminate the patio space in front of each home, but this would delineate the private space from the park space and it also eliminate the need for a maintenance agreement with the City. Chair Churchill commented that she does not see an issue with the parking as long as the residents have the two stalls for their own use. The Commission will need to keep this in mind for the senior development so that the senior development is not shorted in any way on their surface parking. In regards to the trail issues, Churchill said she remembered that when this development was first reviewed, the Commission wanted the residents to have easy access to the parks. Churchill said the City and the petitioner should be able to come up with an agreement. Commissioner Blundetto stated that Hartford should better address the fire access issue. He agreed with other Commissioners regarding the connection of private sidewalks to City trails. Commissioner Burke asked Bodmer if the Park Department had a plan for the location of park benches so that residents don't feel that the public is looking into their homes. Bodmer said she will look into that. Chair Churchill, hearing no further issues, closed the public hearing with the standard comments B. Wensmann 15th Addition -Consider subdivision of a 6.2 acre outlot into 21ots and one outlot; and site plan building permit authorization to allow for construction of 31 townhouse dwelling units and a 60-unit senior apartment building. City Planner Tom Lovelace stated that the petitioner, Dakota County Community Development Agency (CDA), is requesting the following actions: • Zoning ordinance amendments to Planned Development No. 746 to allow for a senior apartment building as a permitted use and reduction in parking in conjunction with a senior apartment building. • Subdivision of the east 6.2 acres of Outlot C, Wensmann 13a' Additoon into two lots and one outlot. • Site plan/building pemut authorization to allow for construction of 31 townhomes and a 60-unit senior apartment building. S:\planning\PLANCOMM\2007 agenda& minutes\701707m.doc The approximately 6.2 acres located at the southwest corner of 145th Street West and future Flagstaff Avenue. Lovelace said the property is currently zoned Planned Development No. 746/zone 1, which allows for the following as permitted uses: Townhouse dwellings provided they are serviced by public sanitary sewer and water systems and provided no single structure contains in excess of fourteen (14) dwelling units. Condominium dwellings provided they are serviced by public sanitary sewer and water systems and provided no single structure contains in excess of twenty-four (24) dwelling units. The proposed townhomes are consistent with the current zoning and it would appear that the apartment building would be somewhat consistent. Staff would propose the following planned development ordinance amendments: • Apartment multiple-dwellings for senior citizens provided they are serviced by public sanitary sewer and water systems. The maximum density shall not exceed 28 units per acre. • On-site parking shall be provided at a rate of 1.5 spaces per unit and a minimum of one space per unit shall be enclosed. The proposed construction of 91 dwelling units on 6.25 acres will create a unit density of approximately 15 units per acre. The planned development allows for a maximum of 16 units per acre. The 6.2 -acre site is currently part of a 10.9 acre outlot (outlot C, Wensmann 13a` Addition). This outlot is part of the proposed Wensmann 14`h Addition subdivision request which involves the platting of the outlot into four lots and three outlots. outlot C of that plat is property proposed to become the Wensmann 15~' Addition, a subdivision that will consist of two lots and one outlot. Lot 1, a 2.2 acre parcel, will be platted for the purpose of constructing a 60-unit senior apartment building and Lot 2, a 3.52 acre parcel, will be used for the construction of 31 townhomes. outlot A of the proposed plat will be the location of a private street that will allow access to the two housing developments from future Flagstaff Avenue. The applicant is proposing a network of internal sidewalks with connections to sidewalks and pathways adjacent to public streets and the Wensmann 14th Addition to the west. The planned development ordinance requires that 5 ft. wide sidewalks must be constructed along all private streets. Therefore, the internal network seems to be incomplete and revisions should be made. The street and building layout may not be conducive to installing sidewalks along all the private streets, but that at a minimum staff would like to suggest the following: A sidewalk should be installed along the north side of Street 2. The sidewalk running east from Street 7 should be extended to connect with the sidewalk running north south between the back of the buildings. S:\planning\PLANCONIM\2007 agenda & minutes\101707m.doc The sidewalk running riorth/south between the-back of the buildings should be extended to Street 2. The site will have duect access to 145th Street West to the north and to future Flagstaff Avenue to the east. Flagstaff Avenue is a collector street with a design capacity of up to 15,000 vehicle trips per day and 145th Street West is a local street with a design capacity of up to 6,000 vehicle trips per day. This proposed project would generate approximately 380 vehicle trips per day. Development on this site will require the completion of 145th Street West to the east and the extension of Flagstaff Avenue to 145th Street West. The public street system adjacent and near this site has been adequately designed and constructed to accommodate the number of trips that will be generated by this proposed project. Private streets will provide vehicular access to dwelling units and circulafion within the development.. Some of the private streets within the development will be 24 feet wide. The planned development ordinance requires a minimum paved driving surface width of 28 feet for private streets. The City's Traffic Engineer has reviewed the proposed project and has suggested the following revisions: • On-street pazking should be prohibited at the intersection of 145th Street West and Street 7. • Streets 3 and 5 should be aligned at Street 2 intersection. • The 3 head-in pazking spaces on the west side of Street 7 at 145th Street West should be relocated. • Parking should be prohibited on Streets 2, 3, 4 and 7. The City's Natural Resources Coordinator and Traffic Engineer have identified some concerns that will need to be addressed prior to any recommendation. Additionally, the townhomes have a typical suburban design and staff is concerned that these buildings do not provide the urban scale and design of the Midtown Village townhomes. Staff would like to see these buildings be more complimentary to the existing and proposed townhomes in the Midtown Village to the west. All these issues should be properly addressed by the petitioner prior to any recommendation. Lovelace apologized and said he noticed this evening that the Commission did not receive page three of the staff report in their packets. Commissioner Blundetto stated that it was unfair to hear second-hand the information Lovelace was presenting that was on the missing page three. Lovelace stated that the petitioner did receive page three of the report electronically. Petitioner Kazi Gill, representing the CDA, stepped forward to address the Commission. The CDA is proposing the 60 unit senior building and a 31 unit townhome development to address affordable housing needs for both seniors and families in Dakota County. The CDA currently has 15 family townhomes and 20 senior developments located in cities throughout Dakota County. The proposed units would be similar to the other units they currently have. They've been working with their azchitects to design buildings that would complement the Wensmann homes in the Midtown Development. If the required development approvals are accepted by the City, the CDA would begin the senior building in the fall of 2008. The construction on the townhomes would not begin unti12009, possibly 2010, due to applying for grants and other financing packages. S:AplarminglPLANCOMM~2007 agenda & minutes\101707mdoc Gill introduced Nick Pulta of Pioneer Engineering, to review the townhomes for the Commission. Pulta stated that the intent is to pickup the building materials and roof line from the existing Weissmann homes. He used the brick, shake and lap siding and gable elements that are present in the existing buildings. The main difference is that the CDA has garage openings at every dwelling, changing the size of the buildings. The units vary from 4-5 units. There is an on site office that is a one-story element. It will have a 24 ft. wide driveway and the parking distribution is slightly over 2 '/2 to 1 for parking. The central courtyard has a tot lot and a gazebo. Additional sidewalks can be accommodated on the site if the Commission would prefer. Gill introduced Jay Nelson from Elness Swenson Graham Architects, Inc. to review the senior housing. Nelson stated that the senior building is a 3-story building with a garage in the lower level. One space is provided underground for each unit and 0.5 space per unit is provided for on the surface parking lot. He presented two designs, one with a large roof overhang and another with a flat roof design. Both of the designs use materials found in the surrounding buildings. Commissioner Helgeson commented that he is not a fan of any of the elevations, although he would lean towards the sloped roof with some modifications. Helgeson said he applauds the CDA for supplying affordable housing; however he would like to see this blend in a little more with the Weissmann concept. Corrunissioner Diekmann stated that there are currently two different styles in that area now. His preference is the one with the large. roof overhang and thinks this would fit in well with the styles there now. Teny Weissmann, the property owner, said Weissmann Development and the CDA held neighborhood meetings to inform residents about the development proposal. He said some of the residents seemed to support the CDA proposal, and some were opposed to it. The residents opposed to it are stating that this isn't what was previously proposed, and they were concerned about the future residents of the CDA housing. The residents are concerned this will become a high crime area, and that the market value of their homes will decrease. Mr. Weissmann said the property being sold to the CDA is the land furthest from the current Midtown Village development. Mr. Weissmann said the Weissmann 14th Addition will buffer the current homeowners from the proposed CDA housing. Weissmann also said there was a gentleman at the meeting who had spoken with a police officer and confirmed that the police department does not have a problem with CDA properties in Apple Valley. Also, there was a representative from CDA's property management company that talked about the screening process applicants go through. CDA also has a caretaker on the property 24 hours a day, 7 days a week to address the needs of both the townhomes and the senior building. Mr. Weissmann also said that other CDA properties are of high quality and a person would not be able to tell if they were rental or for sale units. Mr. Weissmann also said that his company has more at stake than anyone else since they will still be building 52 more townhome units nest to the CDA development. S:Apla n.nv~PLANCOMM~2007 agenda & minutes\101707mdoc Commissioner Schindler commented that he has a hard time supporting this because this is completely different than what the homeowners bought into there. Wensmann addressed this by stating that the original plan was before the Planning Commission and City Council 3-4 years ago and that market conditions had changed since then. He would like more flexibility, due to the size of the entire Midtown Village development. He added that without flexibility, a company would go broke on a project of this size. Commissioner Melander stated he sees both sides of the situation for both the property owner and the present homeowners. Chair Churchill asked if the public had any comments, and to step forward and address the Commission. Tara Meagher, 14567 Florissant Path, Unit 201, gave reasons why she purchased in the area. She was impressed with Wensmann Homes for their quality and reputation. But she thought Wensmann Homes has been deceptive and feels strongly that the homeowners of Midtown Village have been misled for the past three years. Jennifer Zuleger, 14567 Florissant Path, Unit 101, requested the issue to be tabled. The homeowners were only given this information two days ago. The materials from the City did not state that the townhomes would be affordable housing or give further explanation. Within the association by-laws, Wensmann Homes has controlled the association and the residents haven't had a say. Any de-annexation is done by the board and the board is Wensmann Homes. There was no notification or explanation to the residents of what was happening. Gandy Wong, 14567 Florissant Path, Unit 202, said both he and his mother bought townhomes in the Midtown Village because they thought they would be in a luxury townhome area. He and his mother have worked hard to achieve their home ownership, and he believes the CDA development destroys their dreams. Commissioner Blundetto said he was shocked that anyone would accuse the Wensmann Homes of doing anything deceptive. He said he thought the Wensmann family has done, and continues to do, amazing things within the Apple Valley community.. It iiks him when people peck at those who are less fortunate. He said Apple Valley needs places people who are aging and those that need a home. The job of the Planning Commission is to look at the land use and he believes that a lot of energy is going into doing this right on this particular piece of land. He wants to move forward at looking at a proposal and leave emotions out of it. Commissioner Helgeson asked Lovelace what the notice said. Lovelace stated that it identifies the petitioner and briefly outlines the project and it is sent to residents within 350 ft. of the property under consideration. The applicant was the Community Development Agency, although people may not be aware of the type of housing they provide. The notice did identify rental townhomes and senior housing. At the end. of the citizen notice, it lists a phone number or an email to ask questions or make comments. The public receives the letter a week and a half to two weeks prior to the public hearing. The letter is sent roughly the same time as S:Aplanning~PLANCOMM~2007 agenda & minutes\L01707mdoc it is posted in the newspaper. Lovelace is not sure if there was a sign posted as there is no immediate visibility to traffic here. Chair Churchill explained that the City is very careful about making notice as it is a legal requirement. Unfortunately, the public is not always aware of how to find the information. Association issues can be tricky, although the City cannot address this issue. Because of the market changes, the Commission must make decisions for the highest and best use of the land. Although it is disappointing to see Wensmann sell off land, she is happy to see the CDA offer the City of Apple Valley an option. It doesn't benefit anyone to have the land sit vacant. Commissioner Schindler stated that the purpose of the Planning Commission is to make sure that the land use is appropriate. In his eyes, this isn't the same product that was expected to be going in here. Commissioner Diekmann commented that the zoning is consistent with the original planned development so it's not a land use issue in his opinion. The CDA is a finely run outfit and a person may not even be able to tell that they are affordable rental townhomes. However, he did say that Wensmann knew about this project a month ago and could have involved the community much earlier, and the community may have supported it once they knew the facts. Zuleger approached the podium to address the Commission again. She stated that the notice the community received is misleading and with more details and more notice she believes that more people would have voiced their comments to the Commission. Chair Churchill asked Zuleger if there was a number on the notice and if she had called it Zuleger confirmed there is a number on the notice and she did not call it. But, she also asked why the notice does not come right out and say who the CDA is. Lovelace said that more explanation could have been given, but stated the City strongly encourages people to call or stop into City Hall and the Planning Department and talk with staff so that the City can fully explain all details. Commissioner Helgeson stated that he doesn't see the negative impact to the community that he is hearing here this evening. He suggested that maybe the Commission hold the public hearing open to receive more comments, although he believes the Commission will hear more of the same. Commissioner Blundetto commented that currently the City only has two mobile home parks to provide affordable housing and these are quickly coming under attack. He believes that what the CDA is proposing is very appropriate for this area. Chair Churchill asked the petitioner if the CDA would be opposed to holding the public hearing open until the next Planning Commission meeting to allow more of the public to speak. Gill replied the CDA is amenable to the Commission's requirements, and said the CDA. would request an extension to statutory timelines if that is needed. Chair Churchill requested a motion to hold the hearing open S:Aplanning~PLANCOMM~2007 agenda&minuYes\101707m.doc ]~ MOTION: Commissioner Helgeson moved, seconded by Commissioner Melander to hold the public hearing open until the next regularly scheduled Planning Commission meeting on Wednesday, November 14, 2007, at 7 p.m. The motion carried 7-0. C. Updated Surface Water Management Plan (SWMP) Natural Resources Coordinator Jeff Kehrer introduced Rich Branch of Bonestroo Consultants to discuss the City's 2007 Surface Water Management Plan (SWMP). Chair Churchill commented that she was very impressed with the document and that is very thorough and informative. Branch presented the 2007 Apple Valley SWMP prepared by Bonestroo Consultants. They began revising and updating the plan in October 2004 based on the City's 1997 SWMP. The 2007 SWMP will be included as an amendment to the 2008 Comprehensive Plan. The SWMP provides guidance for managing the City's surface water for flood protection, water quality improvements, and wetland preservation based on scientific and common sense approaches. This SWMP will be especially helpful to protect resources as development and redevelopment projects are proposed. Numerous meetings and discussions were held during the SWMP development process with representatives from various regulatory agencies and watersheds for their input to assure a high quality plan that would meet regulatory requirements. The following agencies were included: Metropolitan Council, Minnesota DNR, Dakota County Soil and Water Conservation District, Minnesota Board of Soil and Water Resources, Minnesota Pollution Control Agency, Vermillion River Joint Powers Organization, and Black Dog Watershed Management Organization. Additionally, written comments. on the draft S WMP were received from the City of Lakeville, City of Burnsville, MnDOT, and the Gun Club Lake Watershed Management Organization. The SWMP in fmal draft form was approved by the Black Dog Watershed Management Organization on April 18, 2007, and approved by the Verrillion River Watershed Joint Powers Organization on September 20, 2007. Adopting this plan means: • Satisfying the Met City Council requirement to update major utility plans prior to the Community Comprehensive Plan Update • Complying with local water management organization requirements • Helping establish a basis for securing grant funding for projects • Updating technical information needed to manage the system Chair Chuchill stated that although it is not generally the policy of the Planning Commission to act on an item on the same night as its public hearing, tonight the Commission is being asked to make a motion. S:\planning\PLANCOMM\2007 agenda & minutes\101707m.doc 11 MOTION: Commissioner Melander moved, seconded by Commissioner Schindler to recommend approval of the 2007 Surface WaterManagement Plan as an amendment to the Comprehensive Plan. The motion carried 7-0. Chair Churchill then addressed the Planning Staff and confirmed that a copy will be available at City offices for the public to review. Community Development Director Bruce Nordquist confirmed this. 7. ACTION ITEMS A. The Valley Office Park -Consideration of a proposed subdivision and site plan building permit authorization to allow for a commercial/industrial development that will include 256,000 sq. ft. of office, office/showroom, and office/warehouse on a 27.2 acre site. City Planner Tom Lovelace stated that the petitioner, Hub Management, is requesting approval of a subdivision by plat to create 5 lots varying in size, and site plan building permit authorizafion to allow for construction of two 3-story 60,000 sq. ft. office buildings, two 28,800 sq. ft. office/showroom buildings, and one 78,400 sq. ft. office/warehouse building. The 27.2-acre site is located at the northeast corner of 147' Street West and Flagstaff Avenue. Access to the site will be via the extension of 147a' Street West. Access restriction agreements, which limit access to proposed 147a' Street West and Flagstaff Avenue, should be executed as part of any final approval. Conservation easements should be placed over the ponding areas to ensure that no alterations will occur without City consent. The site is approximately 25 feet higher than the existing grade of 147a' Street West at Flagstaff Avenue. The extension of 147a' Street will require significant grading. This property was part of the City's recent Industrial Land Use Study and on June 14; 2007, the City Council approved a resolution to submit a request to the Metropolitan Council for re-designation of this property from mixed use to industrial. This request would be in conformance with the proposed Land Use Map re-designation. The property is currently zoned general industrial and the proposed uses appear to be consistent with the uses permitted by ordinance. The petitioner has identified two ponding/infiltration areas. Utility and drainage easements should be placed over these areas. The City will also require that conservation easements should be placed over these areas that will ensure that no alterations will occur without city consent. The Natural Resources Coordinator has reviewed the revised plans and has provided comments. Approval of the landscape plan shall be contingent upon the petitioner making the appropriate revisions per the Coordinator's comments. The petitioner provided a tree survey for the site that indicates that 717 caliper inches of trees will be removed, which will require the replacement of 10%, S:\planning\PLANCOMM\2007 agenda & minnLes\101707m.doe 12 or 72 caliper-inches of new trees to satisfy the City's tree mitigation requirement. The petitioner should add plantings along the north side of Lots 1, 2 and 3 to help screen the rear and sides of the buildings from the Eastview High School property and Johnny Cake Ridge Park. Also, additional landscaping should be placed between the building on Lot 1 and 147' Street West to help screen the view of the overhead doors and loading docks from the street. The petitioner provided elevations for the proposed buildings. Revisions should be made to the rear elevations of the office/showroom that include architectural treatments such as brick columns and/or horizontal banding. Because the office buildings exceed the maximum height allowed in the general industrial zoning district, a variance will be required. Staffdoes not have an objection to the variance. Dakota County has indicated that they might have interest in constructing a leg of the South Urban Regional Trail along the east line of the subject property. A 7.5 ft. pathway easement shall be dedicated along the east property line of Lot 1. The site plan identifies the location of the trash enclosures for each building. The City's Traffic Engineer has reviewed the revised plans and has concerns about the location of the enclosures on Lots 4 and 5. He has indicated that the enclosure on Lot 4 is not accessible and should be relocated and the raised parking lot island curb closet to the enclosure on Lot 5 will need to be revised to accommodate a trash truck. The trash enclosures on Lot 2 and 3 are located in a drainage and utility easement and will need to be relocated. Chair Churchill hearing no further comments from the Commission, asked for four motions. MOTION: Commissioner Helgeson moved, seconded by Commissioner Schindler to recommend the following: 1. Approval of The Valley Office Park preliminary plat subject to the following: • Execution of a conservation easement document for the ponding areas located on Lots 4 and 5 as part of any final approval. • Execution of an access restriction easement which limits access to proposed 147` Street West and Flagstaff Avenue, as part of any final approval. • A 7.5 ft. pathway easement for a future regional trail should be dedicated along the east property line of Lot 1. • Flagstaff Court shall have aright-of--way width of 52 ft. with a paved driving surface of 28 ft. The motion carried 7-0. MOTION: Commissioner Helgeson moved, seconded by Commissioner Schindler to recommend the following: 2. Approval of the site plan building permit authorization fora 78,4000 sq. ft. office/warehouse building on Lot 1, Block 1, The Valley Office Park, subject to the following: • The trash enclosure shall be constructed of similar materials as the principal structure. • Landscaping shall be placed along the south side of the lotto provide screening of the south and east side of the building from 147th Street West. • Landscaping shall be placed along the north side of the lotto provide screening of the north side of the building from the Eastview High School property and Johnny Cake Ridge Park. S:Aplz~niog~PLANCOMM~2007 agenda & minutesA101707m.doc -13 • Revisions shall be made to the landscape plan per the Natural Resource Coordinator's. memo dated October 5, 2007. The motion carved 7-0. MOTION: Commissioner Helgeson moved, seconded by Commissioner Schindler to recommend the following: 3. Approval of the site plan building permit authorization fora 28,800 sq. ft. office/showroom building on Lots 1 and 2, Block 1, The Valley Office Park, subject to the following: • The trash enclosures shall be relocated outside of the drainage and utility easement and shall be constructed of similar materials as the principal structure. • Additional landscaping shall be placed along the north side of the lotto help screen the rear and sides of the buildings from the Eastview High School property and Johnny Cake Ridge Park. • Revisions shall be made to the landscape plan per the Natural Resource Coordinator's memo dated October 5, 2007. The motion carried 7-0. MOTION: Commissioner Helgeson moved, seconded by Commissioner Schindler to recommend the following: 4. Approval of the site plan/building permit authorization fora 60,000 sq. ft. office building on Lots 4 and 5, Block 1, The Valley Office Park, subject to the following: • A height variance of 4 ft. for the building and 14 ft. 4 in. for the center tower of the buildings shall be approved due to the hardship created by circumstances unique to the property not created by the property owner and the granting of the variance will not adversely affect adjoining or adjacent properties. • The trash enclosure on Lot 4 shall be relocated and the raised pazlcing lot island curb closest to the enclosure on Lot 5 will need to be revised to accommodate a trash truck to the satisfaction of the City staff. • The trash enclosures shall be constructed of similar materials as the principal structure. • Revisions shall be made to the landscape plan per the Natural Resource Coordinator's memo dated October 5, 2007. • Flagstaff Court shall be properly signed to prohibit parking. The motion carried 7-0. B. Wensmann 14th Addition -Consideration of site plan building permit authorization to allow for construction of 52 townhome dwelling units on 4.2 acres. The petitioner Teny Wensmann stepped forward and said that because of the continuation of the public hearing of the Wensmann 15a' Addition, he is requesting that this item be tabled. He said Wensmann Homes will not plat Wensmann 14`" Addition without moving forward with Wensmann 15~ Addition. City Attorney Sharon Hills said the petitioner can ask for an extension in writing and this will serve as oral notification. S:\planning\PLANCOMM\2007 agenda & minutes\101707m.doc 14 8. OTHER BUSINESS A. Christ Church Sketch Plan -Sketch plan review of a new 25,000 sq. ft. worship center. Associate City Planner Margaret Dykes stated that the petitioner, Christ Church, located at the southwest corner of Johnny Cake Ridge Road and Galaxie Avenue, is proposing the construction of an approximately 25,000 sq. ft. 1-story building to be used for worship, classrooms, offices and child care. Currently, there is an existing 2-story 16,000 sq. ft. building on the site and this is used for worship and all other church functions. However, the applicant says the current building is no longer sufficient and would like to construct a new building, while still keeping the old building on the site. The existing church building would be used as a "community oriented facility". Approximately 7,200 sq. ft of the existing building would house amulti-purpose room, and storage of donated goods; approximately 6,350 sq. ft. would house the church's youth ministry, a training center, and other meeting rooms. The property is zoned institutional. The zoning code allows, as permitted accessory uses, ancillary uses such as convents, seminaries, parish houses, religious retreats, and the like when accessory to a church. In January 2007, the City Council determined that youth buildings were similar to the accessory uses currently listed in the zoning ordinance. Staff believes that if the existing Christ Church building is converted into amulti-purpose building, the existing building could also be considered an accessory use to the proposed primary church building. However, the applicant is requesting the Planning Commission's feedback on whether the existing church building would be an accessory use. The approximately 25,000 sq. ft. building and parking lot meet all required setbacks. There is a stormwater pond located in the right-of--way of County Road #38 (McAndrews Road), adjacent to the proposed church building. The construction of the church building cannot impact the storrnwater pond in any way, and the new building would need to meet all pertinent setback and buffering requirements. It does not appear that the proposed building would meet the setback and buffering requirements. The applicant should hire a competent professional to make a wetland determination and delineation if need be. The new church building would have a 700 seat assembly area. The new church building would require 200 parking spaces. The site plan shows 236 parking spaces. It is unclear if there will be sufficient parking for both the new church building and the existing building. Amore complete parking analysis will be done based on the number of seats in both buildings, and if there is any overlap in times the buildings are in use. The applicant may wish to review the alignment of the driveway entrance. Though a traffic review has not been completed, it may be advantageous to shift the driveway entrance for Falcon Ridge Middle School. The driveways are approximately 130 ft. apart. Commissioner Schindler asked what the approximate buffering, in feet, is from the stormwater pond. Dykes answered that it needs to be at least 25 ft. Currently it is 10 ft. It is possible that it is a stonnwater that has taken on wetland characteristics. A professional would need to assess that. S:\planning\PLANCOMM\2007 agenda & minutes\101707m.doc 15 Commissioner Melander commented that it's good to hear that a church is successful and that they need to grow and can work with an existing building on site. The rudimentary design looks good and he thinks it can move forwadd. Chair Churchill commented that there was an earlier proposal to expand years ago, but the expansion was too close to residences. This design looks like it takes care of that problem by placing the building on the other side. She asked who owns the area at Johnny Cake and McAndrews Road. Dykes responded that it is a Dakota County right-of--way. Chair Churchill inquired as to whether there would be room to reconfigure this stonnwater pond. Dykes responded that that would need to be examined by Dakota County. If the storrnwater pond could not be redesigned, the building would need to be shifted approximately 15 ft. south. The petitioner Tyrone Williams, pastor of Christ Church, stepped forward to answer any questions the Commission may have. Commissioner Burke inquired as to whether the church would follow some of the coloration of the surrounding buildings or keep it the same color as the existing church. Williams stated that the colors have not been selected, although they do want to make it attractive and a nice addition to the community. In regards to the comment of moving the road that Dykes mentioned in her staff report, Falcon Ridge would be disappointed if they moved the road to directly across from theirs, as Falcon Ridge has asked permission and currently do use the church's parking lot to tum the buses around in. Chair Churchill stated that the plan looks good as long as the issues with the stormwater can be resolved. 9. ADJOURNMENT Chair Churchill made a couple of final announcements before closing the meeting. The next Planning Commission meeting will be on November 14, 2007. There is a 5:30 p.m. meeting preceding that which will review the Comprehensive Plan. Community Development Director Bruce Nordquist commented that the Commission will be receiving a vision statement, via email, from Rusty Fifield of Hoisington Koegler, Inc. in the next two weeks or so. Fifield is looking for feedback from the Commission and response can be given directly to Fifield. The hope is that the City Council can get a draft of the vision statement at the informal meeting of the City Council on November 8, 2007. Chair Churchill asked if there was any other business. There being no other business, Chair Churchill asked for a motion of adjournment. MOTION: Commissioner Schindler moved, seconded by Commissioner Melander, to adjourn the meeting at 9:47 p.m. The motion carried 7-0. S:Aplauning~PLANCOMM~2007 agenda & minutes\r01707m.doo 16