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HomeMy WebLinkAbout04/02/2008CTI'Y OF APPLE VALLEY PLANNING COMMISSION MINUTES Apri12, 2008 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Jeannine Churchill at 7:00 p.m. Members Present: Jeannine Churchill, Tim Burke, Keith Diekmann, Dauid Schindler and Frank Blundetto Members Absent: Thomas Melander and Thomas Helgeson 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. There being none, she called for approval of the. agenda. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler to approve the agenda. The mofion carved 5-0. 3. APPROVAL OF MINUTES. OF MARCH 19, 2008 Chair Churchill asked if there were any changes to the minutes. There being none, she called for approval of the minutes. MOTION: Commissioner Schindler moved, seconded by Commissioner Burke, to recommend approval of the minutes of the March 19, 2008, meeting. The motion carried 5-0. 4. 2030 COMPREHENSIVE PLAN UPDATE/ACTIONS Community Development Director Bruce Nordquist stated that using a theme of "Plan your House; Plan your Garden, Plan your City", there will be a Community Development booth at the Home and Garden Expo, sponsored by the Apple Valley Chamber of Commerce. The Expo is on Saturday, April Sa' from 9 a.m. to 3 p.m. at the Western Service Government Center. The focus will be on the 2030 Comprehensive Plan update and also other planning items that are of interest to the public. The City's consultant Rusty Fifield of Hoisington-Koegler Group, Inc. will be present along with City Planners. Staff will have the land use map and chapter that has been drafted. Nordquist also reminded the Commission of the Community Workshop Open House focusing on the Land Use Plan on Wednesday, April 9a' from 7-9 p.m. at the Municipal Center. S:\plamilng\PLANCOMM\2008 agenda & minutes\040208m.doc 5. CONSENT ITEM --NONE-- 6. .PUBLIC HEARING A. MVTA Interim Use Permit -Consideration of approval of an interim use pernut (IUP) to allow for an overflow park and ride lot for 24 months. Associate City Planner Margaret Dykes stated that the petitioner Minnesota Valley Transit Authority (MVTA) has requested an Interim Use Permit for an MVTA stand-alone surface parking lot on the former Watson's site. The site is just north of the Apple Valley Transit Station. The stand-alone parking lot is meant to augment the existing park-and-ride lot. Because transit ridership has increased, the MVTA says there are no longer enough parking spaces at the existing park-and-ride lot. Consequently, the MVTA, in conjunction with Dakota County Regional Rail Authority, wants to use a portion of the subject lot as a stand-alone parking lot for the next 24 months to accommodate transit riders. The existing Watson's building is in the process of being demolished. The site plan shows a parking lot constmcted in the location of the existing building. Approximately half of the 10-acre site will be used as a parking lot, and the remaining 5 acres will be fenced off for future development: The buildings in the fenced-off area will also be demolished. The subject lot has been discussed as the future site of Bus Rapid Transit (BRT) improvements. The City desires an urban designed multi-story parking structure with interrelated commercial uses; essentially, a "new and improved" Apple Valley Transit Station. The City Council reviewed and approved a study on March 27, 2008, that will evaluate Transit Oriented Development on the site. City staffbelieves that the subject site is appropriate for transit, but is concerned that if funding is not forthcoming for the BRT improvements, structured parking, and commercial uses, the stand-alone surface parking lot might exist for longer than 24 months. MVTA has applied for federal funding that. must be spent by 2009. If the MVTA receives that funding, and receives all necessary approvals, it intends to build some type of parking structure. However, there are no firm plans for the subject site at this time. Staff is comfortable with the stand-alone parking lot, provided there is a commitment from MVTA that structured parking will be constructed on the site in addition to commercial uses consistent with the present zoning. A stand-alone parking lot is not a permitted primary use in this zoning district. However, the zoning district does allow as a conditional use of "off-street parking when the principal .site of the off-street parking abuts on a lot which is in another zoning district." The City could issue a Conditional Use Permit for the stand-alone parking lot in the future, but due to the uncertainty of possible improvements to the site, City staff believes the Interim Use Permit is the best approach at this time. This gives the City the ability to and MVTA the opportunity to continue discussions about the final plans for the site. Staff would like to have regular discussions with MVTA over the next 24 months. S:\planning\PI,ANCOMM\2008 agenda & minutes\040208m.doc Dykes asked for comments from the Planning Commission. Commissioner Diekmann asked if there would be a crosswalk from the park and ride is to the actual bus terminal. Dykes replied there is no dedicated crossing and there is no mid-block crossing. People will need to walk down to the intersection to cross safely. Commissioner Diekmann said there should be a dedicated crossing. People will not walk a block the wrong. direction to walk a block back to the bus terminal. Dykes concurred with Commissioner Diekmann's concern. and that will need to be looked into. Commissioner Burke stated that buses could stop to pick up people to prevent the crossing of the street. Beverley Miller of Minnesota Valley Transit Authority stepped forward. MVTA shares the Commission's concern with people crossing mid-block. Currently, the way MVTA serves the site is to make the left and pick up people at a bus bench on 155a' Street. MVTA would continue to serve the site in this manner while there are the two parking areas.. Commissioner Blundetto-asked if a shelter will be provided in the interim. Chair Churchill asked if anyone from the public would like to speak to this issue. Wendell Smith, representing Carmike Cinemas and Anthony Properties, came forward. He asked .for clarification on the original contract that gaue provisions for the MVTA to possibly build a parking ramp in the future. He asked if the proposed parking lot is preliminary to that future ramp, and if it would affect the parking at the theater. Miller said the MVTA owns the 10 acre site and is working to develop the parcel with structured parking. Assuming there is sufficient funding, MVTA will build structured parking. Chair Churchill asked if it would look similar to the park and ride site at Pilot Knob Road and Yankee Doodle Road in Eagan. Miller said no. The site in Apple Valley will front Cedar and will have a different look, but MVTA will work with the City on the plans. Smith said he was in favor of the added parking lot. as there has been anincrease inpark-and-ride users parking their vehicles at the theater. Dykes said staff would like to hold the public hearing open to receive further comments from government agencies until the next Planning Commission meeting of April 16, 2008. Chair Churchill asked for a motion to hold the public hearing open. S:\planning\PLANCOMM\2008 ag®da & minutes\040208m.doc MOTION: Commissioner Burke moved, seconded by Commissioner Schindler to hold the public hearing open until April 16, 2008. The motion carried 5-0. B. .Legacy North Apartments and Commercial Development -Consider amendments to "PD-739" (Planned Development), and site plan building permit authorizations for six buildings (three apartment, one commercial, one commerciaUretail, and one retaiUapartmentj on property. Associate City Planner Kathy Bodmer stated the petitioner Legacy Holdings/Hartford Group is requesfing amendments to Planned Development 739 to modify the master plan to allow 36,400 sq: ft. of commercial and 208 apartment units. The properties are located generally along Galaxie Avenue and 153"i Street. The property is guided in the Comprehensive Plan for mixed uses and is part of the City's Central Village Plan. The zoning district has two sub-zones. Zone 1 is primarily residential uses. Zone 2 is mixed use and the requirements are commercial or residential with another component as part of it. The lots under consideration this evening are Lot 1, Block 7; Lot 1, Block 8; Lot 1, Block 9; and Lots 1 and 2, Block 10. There is also a request to the preliminary plat for Lot 1; Block 9 and Lots 1 and 2, Block 10. The developer wants to combine Lots 1 and 2, Block 10 to make one lot. They also want to reconfigure the drainage and utility easements that currently exist. Bodmer stated that staff noted that property signs were not posted as part of the public hearing nofice. These signs are posted as a courtesy to let neighbors know that these properties are under consideration of amendments. This is not a legal requirement. The City's legal requirement is to mail out public hearing notices to property owners located within. 350 feet of the proposed site. Staff is asking that the public hearing be held open so that the signs can be posted and neighbors can be notified. Commissioner Blundetto asked if the public hearing were held open, would the Planning Commission hear two presentations; one tonight and again at the next meeting.. Bodmer replied yes. She asked if the Commission would prefer to wait until the following meeting to hear staff s presentation. Commissioner Blundetto stated he would rather not listen to two presentations of the same material. Bodmer noted that any residents that were notified by mail and came this evening won't be able to make comments. City Attorney Sharon Hills suggested that the public hearing be opened, hear staff's presentation and the applicant's presentation, take comments from the public; and leave the hearing open until the next meeting. Staff could highlight the points at the next meeting and move onto public comment. S:\plannmg\PLANCOMM\2008 agenda & minntes\040208m.doc Commissioner Blundetto said he thought the Commission would end up hearing the presentation twice. Chair Churchill said there are likely to be more people attending a future meeting if the signs are posted because this is a significant change to the plan and there are a number of people living in the area who already have concerns about traffic in that area. Chair Churchill polled the audience to determine the number of people who wanted to speak on this issue. One person responded. Chair Churchill said she wanted to hear from the public now and record any comments, and then have Bodmer give the full presentation at the next Planning Commission meeting. Commissioner Blundetto asked if the petitioner thought the item should proceed. Frank Janes, with The Hartford Group, replied yes. Chair Churchill asked if the resident would like to make comments this evening or come back to the. next Planning Commission meeting. Ed Nelson, 15465 Frost Path, President of the Legacy Square Homeowner Association, said he bought a home in this area because he wanted to live in an area with a village feel, which was the City's vision for the Central Villa. He said: the height has already been raised on the apartments and senior housing buildings and that fiutlier height increases will take away from the village feel. He also is concerned about the new layout, and wants the original layout retained. He asked if there were any other apartments scheduled for this area before the requested amendment, and if the original plan was for owner-occupied condos Bodmer stated the plan was approved as rental multiple family homes.. Nelson said he is also concerned about the number of rental units. He would like to see less rental and more owner-occupied condos in this development. Bodmer stated that there is also a letter before the Commission from a neighbor that will be entered into the record. Commissioner Diekmann asked if the City review was still within the legal timeframe. Bodmer said there is not a timing issue. MOTION:. Commissioner Burke moved to hold the public hearing open until April 16, 2008, seconded by Commissioner Dielanann. The motion carried 5-0. 7. LAND USE/ACTION ITEMS A. Centennial Homes Memory Care Addition -Consideration of a conditional use permit amendment and site plan building permit authorization to allow for construction ofa 13,373 sq. ft., 20-unit memory care building to a 35,258 sq. ft. assisted living facility. S:Ap]amting~PLANCOMM~2008 agenda & minutesV040208m.doc City Planner Tom Lovelace stated that the petitioner, Ecumen and Evercare Senior Living, LLC is requesting a conditional use permit amendment and a site plan review building permit authorization approval to allow for construction of a 20 unit memory care addition to their existing 60 unit assisted living facility, located at 14615-25 Pennock Avenue. The building. will be tucked into the southwest corner of an existing 3.95 acre lot. The current facility is located in "PD-341/zone 5" (Planned Development) which allows for nursing homes, rest homes, retirement homes, or hospitals for human caze, day care centers and private schools as conditional uses. Therefore, an amendment to the existing conditional use permit would be required as part of any approval of this expansion. The proposed use is consistent with the existing use on the site and conditions of the approved conditional use permit. The petitioner is proposing to reconfigure a portion of the parking lot; which will remove 7 existing spaces and add 12 parking spaces for a total of 41 spaces to serve 80 existing assisted living/proposed memory care units. Required parking for this type of operation is one space for each four beds plus one space for each two employees and one space for each staff doctor. The petitioner has indicated that the currenUproposedvse will have a demand for a minimum of 37 parking spaces. Therefore, parking should be adequate for the existing and proposed uses on the site. A fenced courtyard is shown on the west side of the building approximately 40 feet from the west property line. The petitioner has not indicated what kind offence will be constructed around the perimeter of the courtyard.- A 6-foot wide sidewalk is located in front of the two .existing buildings that is connected to the sidewalk along the west side of Pennock Avenue. The petitioner is indicating a 4-foot wide sidewalk in front of the memory care addition, but is not proposing it to connect with the existing sidewalk. The proposed sidewalk should be a minimum of 6 feet wide and should be extended to the east and connect with the existing sidewalk on the site. The petitioner is proposing to plant a row of Black Hills spruce along the west side of the property to provide a visual screen from the single family homes to the west. To provide immediate screening of the existing facility and proposed addition from the single family homes to the west, the row of Black Hills spruce along the west property line should be planted in the spring of this year, irrespective of the timing of construction of the proposed addition. The submitted elevation drawings indicate the use of face brick and vinyl lap siding for the exterior finish, similar to the existing buildings. The City's traffic consultant has reviewed the site plan and has expressed his concern about the ability to access the new facility with emergency vehicles. The turnaround area in front of the building does not provide for emergency vehicles to enter and leave without having to backup and/or additional maneuvering. The landscaped island in front of the new building should be shortened at the southwest to accommodate unrestricted access to and from the site by emergency vehicles. Lovelace asked for comments from the Planning Commission. Commissioner Dielanann asked how the Utility Department changed its thinking about the spruce trees that will be planted within the 25 foot drainage and utility easement. S:\planning\PLANCOMM\2008 agenda & minutes\040208mdoc Lovelace said the Utility Department is reviewing whether the City will need full access to the easement ih the future. Commissioner Diekmann is glad to see the change. Commissioner Blundetto said. he thought the City could not plant within the easement. Lovelace responded it is a policy, not an ordinance. It is a concern because of the two large storm sewer lines that are in the easement. Chair Churchill asked for the petitioner to add anything if they like. Steve Ordahl, Senior Vice President of business development at Ecumen, came forward and introduced Andrew Centaxini from Pope Architects who is the architect on this project. Ordahl brought in a sample of the fencing and a photograph. The fencing is vinyl and is the same fence used by the Goddard School to the south. Ordahl stated they held a neighborhood meeting, and went door-to-door to 7 adjacent homes and left business plans and a business card for those not at home. Two neighbors were present at the neighborhood meeting on April 1, 2008, and gave 100% support of the project. Ecumen's preference is to-wait to put trees in at construction time because it is more efficient and cost effecfive and there is less chance that the trees will be damaged. The type and quantity of trees is dictated by.the City. Chair Churchill said a mixture of deciduous and spruce would be a good idea and is a much healthier planting if it is mixed up. .Lovelace said the City can work with the developer to revise the landscape plans. Chair Churchill asked if City staff is satisfied with the fence material. Lovelace said yes. Commissioner Blundetto asked if staff can work with the developer on the timing of the plantings.. Lovelace said yes. The City can also get an escrow for the plantings. Commissioner Blundetto asked if the City requires landscape escrows for other projects.. Lovelace responded that it depends on the type of project. Commissioner Blundetto suggested striking the timing requirement on the plantings. Chair Churchill asked for a oration. MOTION: Commissioner Diekmann moved, seconded by Commissioner Blundetto the following: 5:\planning\PLANCOMM\2008 agenda & minutes\040208mdoc Recommend approval of an amendment to Conditional Use Permit No. 1994-351 for the addition of 20 memory care units to the existing 60-unit senior assisted living facility, subject to conformance with aCity-approved site plan. The motion carried 5-0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Blundetto the following: 2. Recommend approval of the site plan building permit authorization to allow for construction of a 13,373 sq. ft. memory care facility on Lot 1, Block 1, EVERGREENS ADDITION in conformance with civil engineering plans dated December 12, 2007 and architectural plans dated February 20, 2008, subject to the following: A minimum of 25-foot wide drainage and utility easement, as measured easterly of the west property line, shall be required, and recorded against the property prior to issuance of a building permit. The landscaped island in front of the new building shall be redesigned to the satsfacfion of the City's traffic engineer. The proposed sidewalk in front of the new facility shall be a minimum of 6-feet wide and shall be extended to the east and connect with the existing sidewalk on the site. The courtyard. fence shall be constructed of maintenance free material; as presented at the . Planning Commission meeting of Apffi 2, 2008, and shall be approved by the City Planner prior to installation. Chair Churchill clarified that striking the condition in regards to the plantings of the Black Hills spruce does not mean that the Planning Commission doesn't want anything planted; it just means that they are not making it part of the motion. The motion carried 5-0. Chair Churchill said that this will move on to the City Council on April 10, 2008. 8. OTHER BUSINESS A. Review of upcoming Schedule and other Updates Nordquist stated the agenda shows the upcoming meetings. 9. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Churchill asked for a motion to adjourn. MOTION: Commissioner Schindler moved, seconded by Commissioner Diekmann, to adjourn the meefing at 7:57 p.m., The motion carried 5-0. S:\planning\I'LANCOMM\2008 agenda & minutes\040208mdoc