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HomeMy WebLinkAbout11/14/2007CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES November 14, 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, Frank Blundetto, Tim Burke, Keith Diekmann and David Schindler Members Absent: Thomas Helgeson Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, 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. There being none, she called for approval of the agenda. MOTION: Commissioner Melander moved, seconded by Commissioner Schindler to approve the agenda. The motion carried 6-0. 3. APPROVAL OF MINUTES OF OCTOBER 17, 2007 Chair Churchill asked if there were any changes to the minutes. There being none, she called for approval ofthe minutes. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, to recommend approval of the minutes of the October 17, 2007, meeting. The motion carried 6-0. 4. 2030 COMPREHENSIVE PLAN UPDATE/ACTIONS Rusty Fifield, Project Manager from Hoisington Koegler, Ino. (HKI) stepped forward to give an update of the 2030 Comprehensive Plan. HKI is continuing to lay the foundation for the Planning Commission to bring forward information to the community. A public meeting will be held in the first quarter of 2008, which will be set in the coming weeks, so that people may schedule that in their calendars. This will be a great opporhinity for people to ask questions and get involved. It will be a fun, informative and interactive meeting. Also, a reminder that the link to the 2030 Comprehensive Plan is on the City's website and there is a public survey input foml that all community members may fill out and voice their opinions. Mapping features will be added in the next week or so. S:\planning\PLANCOMM\2007 agenda ~ minutes\111409m.doc 5. CONSENT ITEM --NONE-- 6. PUBLIC HEARING A. Cobblestone Lake Senior Complex -Consider rezoning, zoning amendments, subdivision and site plan/building permit authorization to allow for construction of a proposed 202 unit continuum of care senior building and community center. City Planner Tom Lovelace stated that the petitioner is requesting a rezoning and amendments; subdivision; and site plan building permit authorization to allow fora 202 unit continuum of care facility on a 5.15 acre lot and 65,099 sq. ft. senior town center/community center on a 1.68 acre lot. The site is generally located south of the intersection of Cobblestone Lake Parkway and Embry Path. The petitioner is requesting a rezoning of the proposed site from Planned Development 703/zone 8, which allows for sand and gravel mining to Planned Development 703/zone 6, which allows for high density townhomes and apartment dwelling units at an overall density of 24 units per acre and mixed retail business, limited business, and institutional uses. As part of the rezoning, the petitioner is also requesting amendments to the uses and performance standards in zone 6. The continuum of care facility will include a 4-story independent living wing with 140 units and underground parking and a 3-story memory care/assisted living wing with 33 assisted living units and 29 memory care units. The 65,099 sq. ft. senior town center/community center is a 2-story building with full basement, which will be located to the west and south of the senior building on 1:68 acres. This building will be connected to the senior building via comdors at each floor and will be utilized by tenants of the building as well as residents of Cobblestone Lake. The site is currently zoned Planned Development 703/zone 8. It was intended that this zone would be temporary for the purpose of extracting sand and gravel deposits. When the mining was completed, the areas would become one of the other zones (zones 1 through 7) within the planned development consistent with proposed platting and development plans. Therefore, this property will need to be rezoned. The original Planned Development Ordinance No. 703 identified future zones, including one (zone 6), that would allow for high density townhomes and apartment dwelling units at an overall density of 24 units per acre and mixed retail business, limited business, and institutional uses. The density of this project, which is approximately 39 units per acre, is significantly greater than the maximum expected for this planned development zoning district. The project is located on unplatted property, which will need to be platted prior to any construction. A storm sewer pipeline is also located in an existing drainage and utility easement; which will need to be vacated. The plans show that the senior building will have 156 garage parking spaces, 30 on-site parking and 11 proof-of-parking surface spaces, which is .9 spaces per unit. The community center will have 30 on-site surface parking spaces for the 65,099 sq. ft. facility. City code does not specifically address S:\planning\PLANCOMM\2007 agenda & minutes\111407m.doc parking for these types of blended uses. Staff will need more information, in particular, staff demands, to determine adequate parking for this type ofproject. The elevations show the use of "Hardie" lap siding and shakes, cultured stone, and rockface block for the exterior fmish of the senior building and "Hardie" lap siding and shakes and cultured stone for the senior town center/community center. Staff would like to see more stone or brick on the senior building more consistent with City standards. Also, the colored finish of the rock face block should be integral to the block and not painted. The project has been reviewed by other members of the City staff who have provided comments, which are included in their attached memos. These comments will need to be adequately addressed prior to any planning staff recommendation. Several patio azeas are located around the perimeter of the building. The petitioner should consider a sidewalk connection between the two patio areas on the north side of the building. The petitioner is proposing to construct the 8 foot wide concrete trail on private property, which will require the City to get a sidewalk easement over the portion of Lot 2 where the trail is located. Because this will be a public sidewalk on private property, the City may want to consider requiring a decorative material to help distinguish it from the other sidewalks on the lot. The site plan shows the monument located on Lot 1 encroaching onto Lot 2. The sign will need to be relocated so that it is entirely on Lot 1. Chair Churchill asked for the petitioner to step forward with any additional comments. Petitioner, Ken Norby of NAI Architects, Inc. addressed the Planning Commission. Since the sketch plan, there have been some revisions taken in consideration of the Commission's comments. The main change is separating the parking lots with the trail and green azeas. There was a suggestion to reduce from two driveways to one driveway on the north side of the property. This would be difficult as this is the main move-in area for residents. This would be almost impossible for a moving van, which are 55-75 feet in length, to maneuver in this area with only one drive. He also had checked with the Fire Marshall and there would need to be enough room for the fire apparatus to maneuver as well. They are also proposing some additional fire hydrants and will be in touch with the Fire Marshall within the next week to discuss their options. Norby stated that since the sketch plan was presented, they've done a further demographic study and found that the assisted living units are decreased from 42 to 33 units, the memory care units are increased from 18 to 29 units and the independent living units remain. at 140 units. The lower level parking provides 156 parking spaces. The assisted living and memory caze residents do not own vehicles. Of the 140 independent living residents, 87% or 122 residents will own vehicles and at the high peak levels of staffing, 22-24 spaces will be needed for staff. This is a total of 145-147 parking spaces needed lindergrota_nd and there are 156 Spares pffereri, Arirlitipnal parking spares are provirlerl at street level. Also, additional underground parking will be provided when the future continuum care building is completed to the east. He also stated that the delivery area is screened by landscaping and the monument sign. S:\planning\PLANCOMM\2007 agenda & minutes\111407m.doc Rob Wachholz of Tradition Development stepped forward to address the Commission. He apologized that Tim Trimble was not able to make the meeting as he is out of the country on a business trip. The shared facility and the community club aspect have received positive feedback from meeting with the resident board members. Concerning density issues, the Cobblestone Lake development is intended to create a life cycle housing project. As such, the facility will have a higher density on the parcel of land, but the petitioner thinks the proposal warrants the Commission's consideration. Concerning parking, the senior building is at a ration of 1 to 1. The community center is a resident facility that will accommodate nearby residents, most of which will walk to the facility. They've created a lot of pedestrian oriented through-fares, although the issue of parking for the public needs to be addressed and they aze doing that through Tradition Development's engineers and with City staff to reconcile the numbers. Chair Churchill stated that they received a comment, submitted via email, from a resident in favor of this facility. Chair Churchill asked if anyone else from the public would like to voice their comments. Alan Kohls, 15634 Early Bird Circle stated that he is the President of the Legacy Centex Townhomes Association and he is in favor of this project and thinks it's a good idea to have a shared facility. He would like to know if the colors of the apartments would be similar to the rest of the complex. He would like to see it blend in more and be compatible with the existing buildings of Cobblestone Lake. Chair Churchill thanked the developer and stated that they did a really good job of addressing some of the issues that the Planning Commission brought up during the site plan review. She states that it looks like an exciting project. With no further comments, Chair Churchill closed the public hearing with the standard comments. B. Wensmann 15th Addition -Consider zoning amendments, subdivision of a 6.2 acre outlot into 2 lots 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. Chair Churchill addressed the public before staff presented their report. She stated that they've received many comments and questions regarding the Planning Commission's role and function. She wanted to remind everyone that the Planning Commission members are all volunteers and are an advisory committee that advises the City Council and the City Council makes the final decision. The Planning Commission is the hearing body. If a Planning Commission member would have a financial or other reason to have personal gain, the member must step down and recuse themselves. Otherwise, the Planning Commission does have the right to voice their opinions just the same as the public does. City Planner Tom Lovelace stated that the petitioner is requesting zoning amendments, subdivision and site plan building permit authorization for a proposed 31-unit townhome and 60-unit senior apartment building on approximately 6.2 acres located at the southwest comer of 145th Street West and future Flagstaff Avenue. The ordinance amendments involve the addition of a senior apartment as a permitted use and reduction in parking in conjunction with a senior apartment as a performance standard within Planned Development No. 746. S:\planningWLANCOMM~2007 agenda & minutes\111407mdoc 4 The second request is for approval of the subdivision of the east 6.2 acres of Outlot C, Wensmann 13th Addition into two lots and one outlot. Finally, the petitioner is requesting site plan building permit authorization to allow for construction of 31 townhomes and a 60 unit senior apartment building. 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 1.1 spaces per unit and a minimum of one space per unit shall be enclosed. 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 petitioner is proposing that the planned development ordinance be amended to allow for 24 ft. streets, with no on street parking allowed. Development on this site will require the completion of 145th Street West to the east and the extension of Flagstaff Avenue to 145a' Street West. The City's Natural Resources Coordinator and Traffic Engineer have identified some concerns that will need to be addressed prior to any recommendation. 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. The petitioner should make the necessary sidewalk connections per staff's comments. Chair Churchill asked for the petitioner to address the Commission with further comments. Petitioner Kan Gill, a representative of Dakota County Development Agency (CDA) stepped forward to provide some information to address some of the concerns voiced by the public. There maybe some misconceptions of what they're proposing so she would like to try and clear those up. She's speaking from experience. They've completed 20 senior apartment buildings in Dakota County and are starting their next one in Eagan. Also, they've completed 15 townhome developments and just beginning construction on their next one in Rosemount. They started building the senior aparhnent buildings in 1990 and the townhouse developments in 1992. This is not a new concept. Addressing the issue of the location not being near a transit line: It is the CDA's desire to be near transit whenever possible, although the majority of the sites are not able to be next to transit lines. The developments have been successful whether they are located near transit or not. Since it is S:\planning\PLANCOMM\2007 agenda & minutes\111407m.doc independent senior living, a lot of them still do drive, otherwise seniors also use Dakota Area Referral and Transportation Services (DARTS), which provide transport for seniors and disabled persons. For the townhouse developments most of these are working families with children. People need to get to jobs and most do have their own transportation. The affordable rent does allow them to have more affordable and reliable transportation, which is one of the things that make people more independent. Another comment that Gill would like to address is the impact on the neighborhood. The CDA's goal is to build attractive, well constructed buildings and ultimately to be a very good property manager. The CDA has received many of the same comments during the proposal process on previous developments and find that once the building is completed and people move in, it doesn't have the impact that surrounding neighbors anticipate it will. Gill encourages anyone that's concerned to either contact their office or other cities where these developments are located. She then presented a slide show providing information regarding the proposed development in Apple Valley. Some of the highlights: • Between 2000-2030, population of 65 and older will grow from 26,250 to 86,000 (an increase of 225%). • The senior housing is owned by CDA. The townhouse development is a public, private partnership. • Income limits acid rents. • Property management is by CDA; with contractors hired for the snow removal and lawn care. • On-site caretakers at both facilities. • Strict background checks and lease enforcement. • Fund for regular maintenance and future improvements of the property. • Not. an absentee landlord. Commissioner Burke asked Gill what sort of waiting list the CDA has throughout the Dakota County area. Gill responded that they are very extensive. The two senior buildings in Apple Valley have 390 applicants on each and the two townhome developments in Apple Valley have 680 applicants on each. Some of these numbers maybe doubled up, as applicants maybe on both lists. And there are similar numbers throughout Dakota County. Chair Churchill asked if the CDA ends up with empty units. Gill responded no, that is not a concern. Chair Churchill asked for the public to step forward and address their comments to the Chair. Deborah Ho-Beckstrom, 14567 Flomsant Path asked of Gill who the private partner is. Gill replied that she doesn't know on this particular project as that will happen in the future, although US Bank was the private partner on the last thirteen projects. S:\planning\PLANCOMM\2007 agenda & minutes\1 ] 1407m.doc Ho-Beckstrom stated that the City of Apple Valley has already sustained two affordable housing projects. Other older cities, with no such affordable housing, such as West St. Paul, South St. Paul and Farmington are in need of these prof ects. She has a concern with the spot chosen for this project because of other land vacancies within the City and also the many foreclosures. The proposed project only supplies one car gazages and most families will have two working adults. Lack of being near a transit station, there will be a burden on the surrounding streets and neighborhoods. Also, at this site, there are no built-in activities for children, such as parks. She believes there will be some animosity created as Wensmann Homes has built a beautiful clubhouse and pool that other children will be excluded from. She asks that the Planning Commission recommend to the City Council that this proposal not move forward. Kari Johnson, 14558 Flax Way, thanked Gill for her presentation as it answered many questions she had, although it also raised more questions for her. She said that Gill stated that affordable rent equals reliable transportation. She would like to know what evidence they have to support that claim. And if the residents don't have reliable transportation, what are they using and how will they be getting to work. There was also a statement that the neighborhood impacts were not necessarily felt because there was a time lag between the proposal being approved and start of building and then completion of the project. Johnson would like to know what data could be provided to support that. How was it determined that the neighborhood was not affected by that. There also was a statement about lease enforcement and that there were certain percentages that have had to have the lease enforcement clause acted upon. She is curious for the townhome developments since the 1990's, what percentage have had to have the lease enforcement acted upon. Also, she would like to know if any criteria would ever be loosened, such as income, criminal background check and rental history, to get the townhome units filled. Johnson also would like to know what is going to be done to bring more single people in their 30's and 40's into the City of Apple Valley. What is going to happen with the remainder of the land as the City is fully developed. Lastly, will there be a claim for diminished value? If the homeowners fmd that the value of their homes diminishes as a result of this proposal, what recourse do homeowners have. Laurie Danley, 14032 Forest Lane, believes that a lot of entry-level professionals have an income of low 30's, such as teachers, police officers and college graduates, and these people would qualify for these townhome units. These are the kind of people that the community of Apple Valley needs. She has literature with studies and statistics that show that surrounding homes in communities with affordable housing, do not go down. One of the best ways to close the academic achievement gap is for students to remain in one school and one district and not move around to chase affordable housing.. By building more diverse communities and celebrating in them, everybody can grow. Laura Hanson, 14290 Flora Way, states that she has a background of ten years in public education and she would like to take a look at the proposed land use from the point of view of children. The proposed tot lot will take care of 2-3 year olds but all other children will need a pazk to go to and the nearest one is Cedar Isles Park. It is far from the adult supervision of the people living in the proposed site and the surrounding homes of the park. Another concern is the high density of low income children in this area, The children from the same six acre lot will go to the same elementary school. So there will be an influx of 30-60 children into one elementary school. Statistics show that the lower the income of the family, the lower their test scores. The reality of public funding is that the schools are run on it and the money will need to be redirected into remedial programs, because of the No Child Left Behind Law, instead of enriching programs. She states that it is true that we want a diverse community in Apple Valley and she challenges the members of the Planning S:\planning\PLANCOMM\2007 agenda & minutes\1ll407m.doc Commission to walk through Cedar Isles community to see that it is as diverse as they come in the City of Apple Valley. Also, Hanson asks if there is any guarantee that Wensmann Homes will build Midtown Village 14`h Addition as proposed. Or could this site possibly be used in the future for more public housing or any other use. Lastly, she is concerned about the look of the building and the materials proposed to be used. She asked if the CDA will be able to raise the quality of the materials being used in the structure that they are proposing. Judy Rhein, 522 Dodge Lane, Mendota Heights, stepped forward to offer her opinion and stated that the CDA has not solicited her comments. She works for Isiah, an organization that works for and advocates affordable housing for families and seniors. The City of Mendota Heights developed a downtown Mendota in 2003: The first building that was completed there was a CDA Senior Building. It is surrounded by $500,000+ townhomes, condominiums, shops and walking paths. She delivers Meals for Wheels and is in and out of those buildings in many surrounding communities and the people in these buildings are very happy and the management is of the highest standard. Victor Ustinenkov; 14462 Flax Way, does not think that the proposed site of the senior building is the best location. He would like to know how many school teachers, police officers, fire fighters and young. professionals actually live in subsidized housing. It's good to say because they have lower incomes, but in practice, he doesn't think that happens. Dan Dodge, 14449 Flax Way, he feels that the reason they have a screening process for the low income housing is because that in general low income housing is a magnet for crime, drugs and alcohol abuse. To locate this so close to a major high school is unconscionable. Commissioner Diekmann asked where his data comes from. Dodge replied that he does not have data to back up his statement. An unidentified resident stepped forward and asked who is going to pay for the road extension of Flagstaff. Lovelace replied that generally, and as it is in this case, it is developer driven; paid for by the developer. Ed Murray, 14446 Flax Way, is here to speak in opposition. He applauds the efforts to create neighborhoods and cities that aze diverse in every way. Having said that, he believes this city is a very well planned suburb with easy access to parks, a vibrant, walkable downtown and continuously planned commercial properties. He opposes this proposal because he feels it's not a well planned proposal. It should be planned as the neighborhoods are planned. Last minute planning raises animosity and scare levels for those that already live there. Tim McDonald, 14390 Flora Court, Vice President for the Association for Cedar Isles Village Townhomes. A lot of people feel that low-income is synonymous with crime. He asked if the Planning Commission could provide statistics to prove that this is otherwise. For example, what are the number of calls that are made to these azeas. Also, Cedaz Isles Park will be heavier with traffic because of the lack of a park planned in the proposed development. s:\planning\PLANCOMM\2007 agenda & minutes\1ll407mdoc Chair Churchill requested of Community Development Director Bruce Nordquist and Lovelace to prepare some documentation from the Police Department for the next discussion. Nordquist confirmed that they would do so. Commissioner Blundetto asked Mr. McDonald to share his experiences regarding the link between low-income and crime and also for him to help the City by providing some statistics linking the two. Nordquist stated that he did have an opportunity to speak with the police leadership and they did state that the department has been very pleased with the type of housing that the CDA owns, facilitates and manages. The police department has only had positive things to say about the relationship they've had with the CDA. Terry Wensmann of Wensmann Homes stated that they had a community meeting at Midtown Village and a homeowner had stated that he had spoke with the police department and they had no issues with the CDA facilities. Wensmann agreed that this is not the plan that was presented 3-4 years ago. When people had originally bought, Wensmann Homes had every intention of following through with that plan. It wasn't until the last several months and CDA approached. Wensmann Homes that they decided to explore selling that parcel of land to the CDA. The economy and housing market have changed so they've changed their plans. He stated that this is no different than what the Planning Commission does when they change the Comprehensive Plan. Mike Rickert, 14205 Freeport Trail, addressed Wensmann's statement and said that the difference is that Wensmann Homes is a private company and the Planning Commission is a public entity. It is not the governments' responsibility to bail out private companies. Chair Churchill asked Mr. Rickert that if he lost his job, would he have the right to sell his home Rickert replied absolutely, but I wouldn't want the government to bail me out. Chair Churchill stated that the government is not bailing Wensmann Homes out. A developer is like any other property owner. They have the right to buy and sell property, they have the right to ask for a permit to build, they have the right to change their mind and sell to other developers. This is what is being proposed here this evening. Commissioner Blundetto stated that from a planning perspective, this fits very well. The Planning Commission is looking at the land and how it's being used. This proposal is not that far off from what was previously proposed. It's a slightly higher density. He stated that we should get on with the facts and not get tied up with emotions. Chair Churchill outlined the next steps that happen after the public hearing is closed. At the next meeting City staff will reblrl? and comment on the issues raised dlzring the pubi_ic comment period. Once the Planning Commission has all the facts and all of their questions are answered, the Planning Commission will vote and make a recommendation to the City Council. The Planning Commission's vote is a recommendation only. The City Council takes the final vote and either approves or denies the proposal. S:\planning\PLANCOMM\2007 agenda & minutes\111407mdoc Rickert respectfully asks that information is gathered from more areas than the Apple Valley Police Department. He would encourage the Planning Commission to gather information from surrounding communities as well. Al Hanson, 14290 Flora Way, stated that there is talk of a screening process but is unsure what this process is and what it entails. Chair Churchill asked Gill (of CDA) if a copy of an application can be supplied for the public's review. Gill confirmed that she could supply this. Hanson also stated that Commissioner Blundetto seems very passionate about this topic and is wondering way this would be. And why there is such a rush on this issue. Commissioner Blundetto stated that he wants it to be done right also; just as much as anyone else in the room. Also, there is a 60 day clock on this process and that the Planning Commission has an obligation to the petitioner and this does create some urgency. City Attorney Sharon Hill explained the 60 day window. It is statutory and is mandated by state law and the City has the obligation to act on a petition within a timeframe depending on whether it is zoning or subdivision. If the City fails to act within the timeframe, it is deemed an approval. The City has to act within the timeframe unless the petitioner asks for it to be continued. Diane Sponheim, 6575 131St Street, stated that she just moved to Apple Valley five days ago. As a new resident, she is thrilled to be in this community. Coming from Southwest Minneapolis her children went to school with a mix of 60% immigrant children and it was a very rich experience for her children, their community and their neighborhood. As a middle class person she has experienced alcoholism in her family with a person whom had a very high income at one point. Also speaking from personal experience and as a pastor, physical and alcohol abuse cuts across all socio economic stratas. It is not something to be concerned about with only people that are low income. She believes that people buy houses to create a home and to live where there is diversity and to live together is a rich experience. She hopes that we support a community that is diverse and rich and honors all people. Jonathon Fuglestad, 14440 Flax Way, he would like to state that the notice of the public hearing was only a small sign that sat at the end of the lot. Lovelace answered that the City is required by law to notify people within 350 feet of the affected property and also required to advertise the public hearing in the City's official newspaper which is Thisweek newspaper. Also, all hearings are posted in the Municipal Center and on the City's website. The sign with notice of the public hearing on the lot is not required by statute or City code qr state law. Commissioner Schindler stated that he is not in favor of this proposal. When this neighborhood was approved, it was approved with the vision of what Wensmann Homes wanted to put in. All the common areas will need to be supported by a third less of the homeowners than what was originally planned. This will cost the homeowners' more money to support these amenities. This S:\planning\PLANCOMM\2007 agenda & minutes\111407m.doc 10 neighborhood was high-scale townhomes and condos and now it's being sold for rental housing. This is not a similar situation. Chair Churchill has concerns with the parking. Single stall garages in Apple Valley are problematic. The narrow streets and limited parking areas within the townhouse area will present a parking problem. Chair Churchill wants to see Gill address this issue with her experience at other townhome developments and why the single car garages with limited parking and no on-street parking works in this area. Chair Churchill, hearing no further comments, closed the public hearing with the standard comments. ACTION ITEMS A. Weissmann 14th Addition -Consideration of site plan/building permit authorization to allow for construction of 52 townhome dwelling units on 4.2 acres. City Planner Tom Lovelace stated that the petitioner is requesting site plan building permit authorization to allow for the construction of two 12-unit and two 14-unit rowhome buildings on approximately 4.2 acres. The site is located along the south side of 145th Street West, between Foliage Avenue and future Flagstaff Avenue. This is the second and last phase of the. Midtown Village development which was originally approved for 1.70 rowhome and 96 condominium dwelling units on 19.5 acres. The first phase included the construction of 70 rowhome and 48 condominium dwelling units on 6.5 acres and the second phase of this development was expected to add 100 rowhome and 48 condominium dwelling units on the remaining 13 acres. The petitioner is now requesting approval of the second and final phase of the development that will include 52 rowhome dwelling units on 4.2 acres. Access to the dwelling units within the site will be via the extension of Flycatcher Lane, a private street, east and north from the existing Midtown Village that will intersect with 145th Street West, a public local street that is located directly adjacent to the north of the site. The property currently is platted as an outlot in the Weissmann 13th Addition. Final platting of the property into lots of record will be necessary before any development can occur. The petitioner has submitted a final plat of this property for City approval. One private street, 24 feet wide, will provide garage access to buildings on Lots 1 and 2, Block 2. The planned development ordinance requires that all private streets shall have a paved driving surface of no less than 28 feet. Revisions should be made to bring the streets into conformance with the requirements of the planned development ordinance. The City's traffic engineer raised concerns regarding vehicular sight lines, resulting from location of the parking spaces along the west side of Flycatcher Lane, between Lot 1 and 2 of Block 1, and the on-street parking directly adjacent to the Flycatcher Lane/145th Street West intersection. He states that the 4 spaces between Lots 1 and 2 of Block 1 should be constructed as recessed parking, similaz to on-street parking spaces along Florissant Path in the 13`h Addition. He also stated that a S:\planning\PLANCOMM\200~ agenda & minutes\111407mdoc 11 minimum of two parking spaces west of the Flycatcher Lane/145th Street West intersection should be eliminated. A sidewalk connection should be made from the proposed sidewalk located along the south side of the building on Lot 2, Block 2, to the sidewalk along the east side of the building on Lot 2, Block 3 ofthe 13th Addition. The Natural Resource Coordinator has reviewed the preliminary landscape plans and is requesting some minor revisions as outlined in his memo. The petitioner should make the necessary revisions per the Coordinator's memo. Chair Churchill hearing no further comments from the petitioner or the Commission, called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Blundetto to recommend approval of the site plan building permit authorization for the Wesnmann 14th Addition subject to the following conditions: • No building permits shall be issued until the Wensmann 14th Addition final plat has been recorded. • All private streets shall have a minimum paved surface of no less than 28 feet. • Parking along 145th Street West shall be prohibited near the Flycatcher Lane intersection to the satisfaction of the City's Public Works Director. • A sidewalk connection should be made from the proposed sidewalk located along the south side of the building on Lot 2, Block 2, to the sidewalk along the east side of the building on Lot 2, Block 3 of the 13`h Addition. • Revisions to the landscape plan shall be made to the satisfaction of the Natural Resources Coordinator. • Construction shall be in accordance with the City Engineer's recommendations identified in his November 8, 2007, memo. The motion carried 6-0. B. Discount Tire -Consider subdivision, conditional use permit, and site plan building permit authorization to allow for construction of an 8,150 sq. ft. free- standing building on a 1.24 acre tot. City Planner Tom Lovelace stated that the petitioner is requesting approval of a proposed subdivision of an existing 8.46 acre lot into two lots, conditional use permit to allow for auto installation facilities, and site plan building permit authorization to allow for constmction of a 8,150 sq. ft. fire sales and installation facility. The site is generally located at the southeast corner of 151st Street West and Foliage Avenue and is part of the Hillcrest Acres development, which includes a 120,728 sq. ft. Home Depot and 25,573 sq. ft. ofmulti-tenant retail space. The proposed subdivision will replat an existing lot of record into two lots. Lot 1, which will be 1.24 acres and the site of the proposed Discount Tire store and a 7.22 acre lot, which would be platted for future development and will be the location of a portion of an existing storm water pond. S:\planning\PLANCOMM\2007 agenda & minutes\111407m.doc ]2 The petitioner originally proposed a 3.12 acre outlot, which would be the location of part of an existing storm water ponding area. Staff expressed their concern about having ponding areas in outlots and recommended that the outlot be eliminated and the ponding area be incorporated into Lot 2, which the petitioner has done. The petitioner originally proposed to have two doors on the west elevation of their building. City staff informed the petitioner that recent approvals for auto installation facilities included a one door per elevation requirement, but Discount Tire declined to revise their plans to meet that requirement with their original submittal. Their revised submittal now shows one door each on the south and north elevations. Any conditional use permit should include conditions that will not allow outdoor display/sales/storage of material or outdoor overnight storage of motor vehicles, and overhead doors shall remain closed except when vehicles are entering or exiting the facility. Vehicular access to the site will require vehicles driving on property other than the lot in question. The west half of the north/south private drive will be located on Lot 2 and the drive access south of the building intersects with a drive aisle located on the Home Depot property. Agreements that will allow for vehicular access via the private drive from the lots located east and west of the site will need to be executed prior to issuance of any building permit. The Natural Resources Coordinator has reviewed the revised landscape plan and all his previous comments have been addressed. The City's traffic engineer and civil engineer have reviewed the revised plans and their comments are included in an attached memo and the project review section of the report. Additional revisions to the appropriate plans shall be made per their comments prior to issuance of a building permit. The general finish notes on the elevation drawings are conflicting as to whether the exterior finish color will be integral or painted. No painting of the exterior finish shall be allowed. The plans identify a trash enclosure located on the south side of the building. They have not identified the exterior finish of the enclosure. The trash enclosure shall have the same exterior finish as the principal structure. Commissioner Blundetto thanked the petitioner for the design. Petitioner Aaron Hemquist of RLK, Inc. stepped forward to state that this is the only Discount Tire store in the nation that looks like this. Lovelace stated that the petitioner has been very easy to work with and very receptive to staff s comments. Chair Churchill asked for a motion. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke to recommend the following: 1. Approval of the DISCOUNT TIKE COMPANY OF HILLCREST ACRES FOURTH preliminary plat subject to the following: S:\planning\PLANCOMM\2007 agenda & minutes\ll 1407m.doc 13 Across access and parking easement agreements to allow for ingress and egress, and parking between Lots 1 and 2, Block 1, shall be executed prior to final plat approval. • An agreement to allow for storm water from Lot 1 to be temporarily infiltrated on Lot 2 shall be executed prior to final plat approval. • Storm water agreement across Lot 2 to the satisfaction of the City Engineer. The motion carved 6-0. 2. Approval of a conditional use permit to allow for service bays for installation of tires in conjunction with a 8,150 square foot tire sales store on Lot 1, Block 1, the DISCOUNT TIRE COMPANY OF HILLCREST ACRES FOURTH, according to the preliminary plat, subject to the following: • Operations shall be conducted in conformance with the submitted development plans dated October 31, 2007. • Outdoor display/sales/storage of material shall be prohibited • Outdoor overnight storage of motor vehicles shall be prohibited. • Overhead doors shall remain closed except when vehicles are entering or exiting the facility. The motion carried 6-0. 3. Approval of the site plan building permit authorization fora 8,150 square foot retail building on Lot 1, Block 1, the DISCOUNT TIlZE COMPANY OF HILLCREST ACRES FOURTH, according to the preliminary plat, subject to the following: • Construction shall be in conformance with the submitted development plans dated October 31, 2007; subject to necessary revisions per City staff. • No building permit shall be issued until final approval of the DISCOUNT TII2E COMPANY OF HILLCREST ACRES FOURTH final plat and associated agreements. • Subject to review and final approval of parking by the City Engineer. The motion carried 6-0. C. Cobblestone Lake Wells Fargo Bank -Consider site plan/building permit authorization to allow for construction of a 5,160 sq. ft. bank with five drive- up lanes on a 1.01 acre site. City Planner Tom Lovelace stated that the petitioner is requesting site plan building permit authorization approval to allow for construction of a 5,160 sq. ft. bank with 5 drive-thru lanes and 40 surface parking spaces. The proposed building will be located at the southwest corner of 155th Street West and Embry Path on a 1.01 acre outlot. Direct access to the site will be via a private drive connection off Embry Path to the Cobblestone Commercial development. The site is currently platted as an outlot (Ontlot A, Cobblestone Lake Commercial). The petitioner Wili need to replat the ontiot into a iot of record prior to issuance of a building permit. City code requires one parking space for each 250 sq. ft. of gross floor area and 6 stacking spaces for each drive-up window. The site plan shows 40 surface parking spaces, which is 19 spaces over the minimum required and 3-4 stacking spaces for the five drive-up lanes, which is 2-3 spaces less per S:\planning\PLANCOMM\2007 agenda & minutesV 11407m.doc 14 lane than the minimum required. The City's traffic engineer has reviewed this proposal and does not believe that the reduced number of stacking spaces will be a traffic problem. Access to the site will be from private drives within the Cobblestone Commercial development. No direct access from a public street is proposed. Therefore, the City will need assurance from all the affected property owners that cross access easement agreements have been executed prior to issuance of a building permit. The Natural Resources Coordinator has recommended three revisions to the landscape plan, which should be made prior to issuance of a building permit. Commissioner Diekmann inquired as to whether there will bewalk-up ATM's. Lovelace responded that the petitioner has not indicated that, although most of the banks now have them in the interior vestibule. The bank does have two ATM's available in the drive-up facility. MOTION: Commissioner Melander moved, seconded by Commissioner Blundetto to recommend site plan building permit authorization approval fora 5,160 sq. ft. bank with five drive-thru lanes on Outlot A, Cobblestone Commercial; subject to meeting all applicable codes and ordinances, and subject to the following: • No building permit shall be issued until final approval of the replat into a lot of record of Outlot A, Cobblestone Lake Commercial. • Construction shall be in conformance with the submitted development plans dated November 2, 2007; subject to revisions to the landscape plan per the City's Natural Resource Coordinator's recommendations identified in his November 9, 2007 memo. • Execution of cross access easement agreements shall be required prior to issuance of a building permit. The motion carried 6-0. 8. OTHER BUSINESS A. Consideration of the 2008 Meeting Calendar Community Development Director Bruce Nordquist stated that if the Planning Commission concurs, staff is recommending approval of the 2008 Planning Commission Meeting Calendar. Chair Churchill stated that the Commission usually has their annual meeting the first meeting in March. She would like to see a designation on the calendar for the annual meeting. Nordquist stated that the designation will be made. MO T iON: Commissioner Bitmdetto rrio-ved, seconded by Commissioner Burke, to approve the 2008 Meeting Calendar with the modification of adding the Annual Meeting to the March 5, 2008 meeting date. The motion carried 6-0. S:\planning\PLANCOMM\2007 agenda &, minutes\I11407m.doc 15 9. ADJOURNMENT Chair Churchill asked if there was any other business. There being no other business, Chair Churchill asked for a motion of adjournment. MOTION: Commissioner Bltmdetto moved, seconded by Commissioner Schindler, to adjourn the meeting at 9:48 p.m. The motion carried 6-0. S:\planning\PLANCOMM\2007 agenda & minutes\ll 1407m.doc 16