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HomeMy WebLinkAbout12/03/2008CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES DECEMBER 3, 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: Tom Melander, David Schindler, Frank Blundetto, Jeannine Churchill, Tim Burke and Keith Diekmann. Commissioner Diekmann arrived at 7:03 p.m. Members Absent: None: Staff Present: Community Development Director Bruce Nordquist, Associate City Planner Kathy Bodmer, 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 Schindler moved, seconded by Commissioner Melander, to approve the agenda. The motion carried 5-0. 3. APPROVAL OF MINUTES OF NOVEMBER 12, 2008 Chair Churchill asked if there were any changes to the minutes. There being none, she called for approval of the minutes. MOTION: Commissioner Melander moved, seconded by Commissioner Schindler, to recommend approval of the minutes of the November 12, 2008, meeting. The motion carried 4-0. Commissioner Burke abstained. 4. CONSENT ITEM --NONE-- 5. PUBLIC HEARING --NONE-- 6. LAND USE/ACTION ITEMS S:\planning\PLANCOMM\2008 agenda & minutes\120308m.doc A. Legacy North Memory Care -Consideration of amendments to planned development ordinance and site plan building permit authorization to allow for a 4-story, 58 unit memory care facility. Associate City Planner Kathy Bodmer stated that the petitioner is requesting amendments to Planned Development No. 739 and also site plan review/building permit authorization to construct a 4-story, 58 unit memory care facility. The building will be located on Lot 1, Block 3, Legacy of Apple Valley North, generally located on the northwest corner of 152nd Street and Foliage Avenue. Residents of the facility would receive 24-hour care for various stages of Alzheimer's and dementia. The one bedroom studio units are shown clustered into 7 "houses" with shared living, dining and kitchen facilities. The staff-to-resident ratios will range from 1:12 to 1:4 depending on the level of care needed. An outdoor plaza is shown on the south side of the site and a covered porch with outdoor plaza area is shown on the east side of the site. Access to the front of the building is taken from Fontana Trail on the west side of the building. Anoff-street parking area for overnight staff is on the north side of the building and accessed from a private driveway extending from Gabella Street. Lot 1, Block 3, is currently zoned PD-739, Zone 1, which allows apartments and condominiums (max. 48 units/acre), townhouses (max. 25 units/acre), and town offices (max. 25 units/acre). A draft amendment has been prepared to create a new subzone, Zone 1-A, for the Central Village. The new subzone would allow full care and assisted care facilities. Other institutional uses, such as schools, libraries and churches would not be permitted in the subzone. The zone would also allow the same permitted, conditional and accessory uses as found in Zone 1. The site plan shows that the petitioner will dedicate 25' of additional drainage and utility easement on the north side of the parcel for the existing City water and storm sewer lines. The dumpster enclosure has been relocated so that it is no longer on the easement, but a portion of the staff parking lot remains in the easement. An electrical generator pad is also shown on top of a drainage and utility easement. Public Works is comfortable with the proposed encroachment provided the property owner executes a license to encroach agreement. Staff raised the concern that the private driveway off of Gabella Street be designed in a way that clearly distinguishes it from the public street. The petitioner proposed to address staff's concern by making the intersection a curve from Gabella to Fontana Trail to the south. The private driveway would be constructed with a center median to distinguish it from the public street. The Public Works Director and Assistant City Engineer reviewed the proposal and determined that the curve does not meet public street standards and should, therefore, not be modified. Instead, stop signs should be required on the three legs of the intersection to bring all traffic to a full stop. The elevation drawings indicate that the exterior of the building will be comprised of "Stucco-finish" which the petitioner has confirmed will be a cementitious fiberboard product. The zoning district currently requires that the commercial buildings be constructed of 100% non-combustible, non- degradable and maintenance free construction materials (such as face brick or natural stone) while multiple residential buildings must be constructed of a minimum of 50%non-combustible material (such as brick or stone), and no more than 50% "high quality cementitious fiberboard with corner boards." The petitioner wishes to construct the exterior with over 50%cementitious fiberboard stating that it would make the building more compatible with surrounding residential uses. Given the S:\planning\PLANCOMM\2008 agenda & minutes\120308m.doc fact that residential uses in Central Village may not exceed 50% cementitious fiberboard, staff does not support an exception in this case. The future south driveway of the Hillcrest Acres development on the east side of Foliage Avenue is shown on a plan which indicates that headlights on exiting vehicles will shine along the south edge of the building. The petitioner will need to address how headlight sweep of westbound to northbound vehicles out of the driveway onto the outdoor plaza area on the west side of the building will be addressed. Bodmer asked for questions or comments from the Planning Commission Commissioner Melander asked about the area where three stop signs would be put in. He thought that this wasn't the call of the Planning Conunission. Assistant City Engineer David Bennett said that there are guidelines related specifically to speed limits that are governed by MNDOT. As for stop control, those can be controlled at the local level. Comrissioner Diekmann asked where the brick will be added on the exterior of the building to meet the 50% requirement. Bodmer replied that the petitioner has not specifically stated where the placement would be. The City would address that at the time of application of the building permit. Commissioner Diekmann stated his opinion is to add something other than raising the whole band in a horizontal line. Chair Churchill agreed with Commissioner Diekmann, Commissioner Blundetto asked what the density is. Bodmer replied that technically since it is institutional, it doesn't need to be calculated. Commissioner Blundetto asked how many acres. Bodmer replied .6 acres which results in a density of 92 units per acre. Chair Churchill asked the petitioner if they would like to add anything. Frank Janes with the Hartford Group stated that they've addressed all comments from the public hearing and are continuing to work with staff on revisions. He will talk with the architect specifically in regards to the 50% brick and looking for vertical elements. He will have that for the City Council to review. Commissioner Blundetto asked about the deliveries on the north side of the building. Janes replied that they can restrict deliveries to the north of the building. Commissioner Blundetto suggested designating a delivery spot near the front entrance of the building. S:\planning\PLANCOMM\2008 agenda & minutes\120308m.doc Mr. Janes said that is possible. Chair Churchill said that would provide a spot for the flower and gift deliveries and the DARTS bus to pull up. Janes replied yes, that is a good idea. Community Development Director Bruce Nordquist commented that the City doesn't typically do off- site staging during construction, although there are concerns about visibility and screening of materials. Because of the location, directly across the street from Kelley Park, the City does not want it to detract from the experience at the park. During construction, staff would want to work with the developer to provide screening so it doesn't become an issue. Commissioner Blundetto said it is a valid comment for screening forhigh-use areas. Janes replied that they have no problem working with staff and building officials during the construction period. The details of where construction materials are placed will occur during application of the Natural Resources Management Pemrits (NRMP). Hearing no further comments from the Commission, Chair Churchill asked for a motion. MOTION: Commissioner Melander moved, seconded by Commissioner Burke, to recommend approval of an amendment to Planned Development No. 739 as follows: a. Establish a new subzone, Zone 1-A, which allows full care and assisted care facilities as permitted uses in addition to the permitted, conditional and accessory uses permitted in Zone 1. b. Reduce setbacks on Foliage Avenue and Fontana Trail from 15' to 10'. c. Amend the approved Master Plan site plan for the parcel. d. Revise the boundaries of the Planned Development subzones to conform to the platted lots. The motion carried 6-0. 2. MOTION: Commissioner Melander moved, seconded by Commissioner Burke, to recommend approval of the site plan review and give building permit authorization to construct a 4-story, 58- unit memory care facility in accordance with the plans received in City offices on September 25, 2008, and modified plans received on November 12, 2008, subject to approval of an amendment to PD-739 to allow.a full-care residential housing facility and conformance with all City Codes and Construction Standards and the following conditions: a. A 25' drainage and utility easement shall be dedicated to the City in accordance with the site plan received September 25, 2008, and revised site plan received November 12, 2008. b. A license to encroach agreement shall be executed prior to issuance of the building permit for structures located in the City's drainage and utility easement including the north parking lot and the generator pad along Foliage Avenue. c. Stop signs shall be installed at the three legs of the intersection of Gabella Street, Fontana Trail and the north parking lot. d. The intersection at Fontana Trail and Gabella Street shall not be modified as shown on the site plan, but shall remain in its current configuration. S:\planning\PLANCOMM\2008 agenda & urinates\120308m.doc e. The use of cementitious fiberboard shall not exceed 50% of the exterior building area and brick shall be designed other than in a horizontal line. f. Non-opaque fencing shall be installed around the outdoor patio azeas with emergency exits as required by the Fire and Building Codes. g. The construction of the building shall comply with the requirements of the Building Code for assisted and full care living facilities. h. Alighting plan shall be submitted at the time of application of the building permit that confirms that shoebox light fixtures are used and that light levels do not exceed 1.0 footcandles at the property line. i. A staging plan shall be submitted for review and approval by the Public Works Department at the time of application for the Natural Resources Management Permit (NRMP) or building permit, whichever occurs first, to the satisfaction of staff to proceed. j. An agreement shall be executed and an escrow submitted which ensures that any public structures including street, curb, sidewalk and utilities that maybe damaged as a result of the construction of the building, are replaced in accordance with the City's construction standards. The agreement and escrow shall be required prior to the commencement of any land-disturbing. activity on the site. k The plans shall comply with the Fire 1Vlazshal's memo dated November 5, 2008, the Natural Resources Coordinator's memo dated November 19, 2008, and the Assistant City Engineer's memo dated November 25; 2008. 1. The petitioner shall demonstrate at the time of application for the building pemut the manner in which the plans comply with OPTED recommendations. m. No sign approval is given at this time. A separate sign permit must be obtained prior to the construction of any signs on the site. The motion carried 6-0. B. Piston Pete's C.U.P. -Consideration of a conditional use permit to allow for an outdoor display in conjunction with a convenience store/motor fuel sales operation. Associate City Planner Kathy Bodmer stated that the petitioner is requesting a Conditional Use Permit for outdoor display of non-auto related merchandise at the Piston Pete's located at 14113 Galaxie Avenue. In general, if a conditional use permit is requested and the request meets the objective standards delineated by applicable ordinances, the permit must be approved. The applicant is requesting a conditional use permit to display items such as water softener salt, landscaping mulch, firewood, and propane tanks. The property owner has recently purchased the convenience store, and was informed that a conditional use permit would be necessary to display non-auto related merchandise outside of the building. The applicant says he would like to display up to four carts containing mulch and salt, which would measure approximately 2.5' x 4'; three are already on the site. These carts would be placed by the gas pumps, and aze placed inside the building at night when the store closes. The applicant is also displaying two 3.5' x 4.5' propane tank cages, a 3' x 4.5' rack for firewood, and two 4' x 4' pallets of mulch in two locations neaz the entrances to the building. The total footprint of outdoor display area is approximately 120 sq. ft. disbursed throughout the site. None of the display areas extend beyond 48" from the building wall. The displays do not impede either pedestrian or S:\planning\PliANCOMM~2008 agenda & minutes\120308m.doc vehicle traffic. Also, it appears the displays are neatly contained, and there are several waste bins near the entrances to the building and the gas pumps. However, the Fire Code requires these items to be placed 10' from the entrance of the building; it does not appear that the firewood meets this requirement. The request to display non-auto related merchandise outdoors is similar to other conditional use permits the City has approved in the past at other convenience stores in the city. Conditions found in other conditional use permits include locating display areas within 48" of the exterior wall of the building; requiring bagged goods be placed on movable carts or racks and requiring those carts be moved inside the building after the store closed; prohibiting the display or sales of live plants due watering and cleanup; and prohibiting the blockage of any sidewalk or entrance. The conditions were placed on the display of merchandise to ensure that appearance of the site and pedestrian access would be maintained. At the public hearing on November 12, 2008, the Commission stated it would be comfortable with the display of items near the building, and could support items displayed near the fuel pumps provided the conditional use permit was specific regarding the location of the displays, the items displayed, and the maintenance of the display areas. Bodmer asked for comments or questions from the Commission. Commissioner Diekmann asked Bodmer to explain condition No. 2. Bodmer replied that she believes the condition is addressing the issue of outdoor displays that are not well maintained. Commissioner Diekmann said that the motion previous to it explicitly calls out exactly what can be displayed and so he thinks that condition No. 2 could be removed from the list. Commissioner Blundetto agreed. Chair Churchill agreed. She said she believes that including both conditions introduces ambiguity which may lead to misunderstanding. Commissioner Melander stated that he still is not thrilled with outdoor sales and is not convinced the carts won't roll around in the wind. In addition, it's an "after the fact" permit request. He's just not comfortable with the request. Chair Churchill asked if anyone else had any comments. Commissioner Blundetto stated that he is okay with what they've reviewed. Chair Churchill said that there is plenty of room around the carts and it would take a pretty good jolt for the carts to move. It is a conditional use permit so that if it would become problematic, then the City would have an enforcement issue. There is room for this type of display without obstructing either foot or vehicle traffic. S:\planning\PI,ANCOMM\2008 agenda & minutes\120308mdoc Hearing no further comments from the Commission, Chair Churchill asked the petitioner if he would like to add anything. Mr. Pete Graffander of Piston Pete's stepped forward to state he had nothing to add, although he would be happy to answer any questions or concerns. Commissioner Melander asked the petitioner if the carts have locks. Mr. Graffunder replied yes. They are located on level ground and once they're unlocked and you want to move them, a person has to give them a good shove to get them to move. Commissioner Blundetto asked the petitioner if he has had any problems so far. Mr. Graffunder answered no. Commissioner Melander asked Bodmer how long the conditional use permit is good for. Bodmer replied that the conditional use permit runs with the land. As long as the property owner remains in compliance with the conditions, it would be ongoing. Commissioner Melander clarified that the City doesn't look at it again unless he's not in compliance. Bodmer said that is correct and also if the use changed. Commissioner Schindler asked the petitioner if he has had any theft. Mr. Graffunder replied that they have been trying to keep inventory control and monitor the situation and he doesn't believe there will be any problems. Commissioner Schindler commented that he doesn't want to see unnecessary police calls for theft, although there is probably no greater risk than a drive off. Mr. Graffunder stated that they would not call the police unless they had adequate information to give them. He also mentioned that there are 64 cameras on site. Chair Churchill hearing no further comments, asked for a motion. MOTION: Commissioner Diekmann moved, seconded by Commissioner Blundetto, to recommend approval of a Conditional Use Permit for the outdoor display ofnon-auto related merchandise at 14113 Galaxie Avenue, subject to the site plan dated October 15, 2008, all applicable City codes and standards, and the following conditions: 1. Only the following items maybe displayed: water softener salt, landscape mulch when in bags, firewood, and propane tanks. No nursery, landscape or live materials that require watering and sidewalk clean up are pemutted. Seasonal items except for those explicitly permitted by this permit are not permitted to be displayed. 2. All displays must be located at either the primary building or the fuel pumps. 3. All displays at the primary building must be at least 10' from any customer entrance, and within 4' of the exterior wall. These displays may only be located on the east side of the building except for propane tanks which must be located at the building. S:\planning\PLANCOMM\2008 agenda & min~[es\120308m.doc 4. All displays at the fuel pumps must be located within 12" of a fuel pump platform and placed on movable carts. These movable carts must be placed inside the building between the hours of 10 p.m. to 6 a.m. 5. Displays may not block more than 50% of any sidewalk, and must leave a minimum of 4' for pedestrian travel. Displays may not block any drive aisle, queuing area or parking space. 6. The total length of all display areas may not exceed more than 50% of the length of the building face. 7. Display racks may not block windows or doors from view or use. 8. Display areas may not block or restrict handicap access to the building or use of any sidewalk. 9. All display racks and materials must be well-maintained to not detract from the appearance of the building. 10. All materials shall be placed or displayed neatly on display racks, stands or carts. 11. No signs shall be installed on racks or stands without receiving a sign permit. The motion carried 5-1. (Melander) 7. OTHER BUSINESS A. Apple Valley Senior Living -Review of a proposed 4-story, 120-125 unit assisted living facility. Associate City Planner Kathy Bodmer stated that the petitioner is asking for a sketch plan review of a proposed 4-story, 120-125 unit senior assisted living facility on the southwest corner of Cedar Avenue and 140th Street. The property is currently zoned M-8C which allows multiple family residential at a maximum density of 24 units/acre. Multiple-family housing for seniors is a permitted use in the zoning district. However, an assisted care facility is not listed as a permitted use in the zoning district. Because an assisted care facility provides support services, it would be classified as an institutional rather than residential use. Either an amendment to the current zoning or a rezoning of the property would be required to allow the proposed use. The approved site plan for the Diamond Gates development consisted of two 4-story condominium buildings with two levels of underground parking. The parcel is difficult to develop because it is adjacent to Cedar Avenue and 140th Street. Currently, the traffic volume on Cedar Avenue is 44,500 trips per day which is expected to increase to 63,000 by 2030. Similarly, 140th Street currently has 10,600 trips per day which is expected to increase to 12,400 by 2030. Access to the site is only available from Granite Avenue on the west side of the property. A topographical challenge exists because the west side of the site rises approximately 15' up to Granite Avenue. The proposed development with 120-125-units has a density of 33-35 units/acre. The sketch plan indicates that 25-30 surface parking spaces would be provided. The comments on the plan indicate that "partial below ground" parking would also be provided. A porch appears to be constructed on the north and east sides of the building. While the adjacent roadways would provide some activity for the residents to watch, the west side of the building may be more suitable for outdoor lounging and relaxing because the building would provide a barrier from Cedar Avenue and 140th Street. S:\plaming~PLANCOMM\2008 agenda & minutes\120308m.doc The plans show that the existing drainage pond on the northwest corner of the site would be relocated. The pond is part of the City's storm sewer system which provides drainage from. adjacent properties. Any changes to the pond would need to be reviewed and approved by the Public Works and Engineering staff: A single access is shown to the site from Granite Avenue. The City's Fire Marshal states that a second access to the site should be considered to ensure a single access doesn't become blocked. It may be difficult to provide a second access given the slopes on the west side of the property. An old gravel driveway exists along the south property line which the developer might be able to use to create a second access from Granite Avenue. No additional access drives will be permitted to the site from Cedar Avenue or 140th Street. Bodmer asked the pefitioner to step forward to address the Planning Commission. Jim Povolny, representing Cedar 140 Development, stepped forward. This is a project they've been looking at as an alternative use to what some of their past approvals have been. About two years ago, they received approval fora 86-unit condominium project which did not happen. Now they're in the process of looking at an assisted living project. They've done various studies to the types of developments that could go on this property. They strongly believe that this is a good fit for the demographics of this area and the needs assessment for this community. It is also a good use for this site. He is asking for comments this evening on the concept ofplacing an assisted living project here. It has a lot of merit with the adj scent property to the west and the two additional senior related buildings and this would be a good connection and care for those residents as well as other residents in the community. Chair Churchill asked if there were any additional drawings. Mr. Povolny stated that he has just the concept plan to understand the qualities and capacities for this particular type of development. Trying to adhere to some of the benefits and also the limitations that the property has; it has a relatively flat area as well as a fairly aggressively sloped area. Improvements have been brought in with sewer and water. The type of design that they're trying to .provide here is the best placement and highest value for this property. Commissioner Blundetto commented that this is a good use for this site. He would like to see some emphasis on this area being the entrance to the City of Apple Valley. It's one of the first things people will see when entering our community. Mr. Povolny stated that he shares the same idea. He is sensitive to the idea of creating a gateway into the community. They were challenged with a similar type of project in St. Paul where they created a development at Snelling and 94. They took two lots and created a nice emphasis for a gateway into the City. Commissioner Blundetto said he was familiar with that development and it looks really good. Chair Churchill stated that there was a suggestion of adding a second access to the site. She asked if there were any thoughts on where that might be added. S:\planning\PLANCOMM\2008 agenda & minutes\120308m.doc Bodmer stated that the Fire Marshal thought it may be more of a safety issue with this sort of a population. There is an existing old driveway on the south end of the proposed site. It no longer accesses to Cedar Avenue but the developer maybe able to follow the contour and make a connection to the driveway. ' Mr. Povolny said they can review that, although it is a very aggressive slope, especially if it will be used by fire related vehicles through that area. They would have to do a study on that as a potential opportunity. He said his intention is to keep as much of the vegetation in that area as possible. Commissioner Schindler made a comment to City staff. Over the last several months, numerous senior developments have been presented. As a City, he wants to make sure that we aze taking a look at our expected needs and that we don't go overboard on senior housing and then not have the type of population and the need to fill it. He is concerned about the saturation vs. projections and needs. Chair Churchill stated that one of the issues our society is facing is not enough senior housing right now. According to our Comp Plan statistics and demographics, it is the fastest growing segment of our society: Commissioner Schindler stated that this segment is also the fastest dying. Maybe the facilities could be spread amongst many communities, not just the City of Apple Valley. Bodmer stated that there is also the mazket reality. Developers aze not served by trying to put something in a market where there is no demand for it. Staff typically relies on the developers to do their homework. Commissioner Schindler stated that the developers want what they can sell, but we also want what's best for our City long-term. Commissioner Melander stated that he is concemed about the challenge of less than code parking. The Comrnission always considers future uses and inadequate parking makes it challenging to be anything else in the future. If it does move forward, he suggests some sort of analysis for reuse and parking. Mr. Povolny said they do have the capacities to burrow into the hill for a parking structure if that should ever become part of a reuse. His anticipation of this project, once in place, of it being converted is fairly unlikely. The speculation of converting this to an entirely different market is possible, but the likelihood is very small, although we could adapt by putting a parking structure into the side of the lull. Hearing no further comments, Chair Churchill closed the discussion. B. Consideration of the 2009 Meeting Calendar Chair Churchill called for a motion on the 2009 meeting calendar. MOTION: Commissioner Burke moved, seconded by Commissioner Blundetto, to approve the 2009 meeting calendar. The motion carried 6-0. S:\planning\PLANCOMM\2008 agenda & minutes\120308m.doc 10 C. Review of the upcoming Schedule and other Updates Community Development Director Bruce Nordquist stated that the City Council will be considering applications for the open Planning Commission vacancy at the December 11th meeting. Chair Churchill commented that she would be out of town for the January meeting of the Planning Commission on January 14, 2009. She encourages the new member of the Planning Commission to start on December 17th. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Churchill asked for a motion to adjourn. MOTION: Commissioner Blundetto moved, seconded by Commissioner Burke, to adjourn the meeting at 8:02 p.m. The motion carried 6-0. S:\planning\PLANCOMM\2008 agenda & minutes\120308m.doc 11