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HomeMy WebLinkAbout12/02/2009CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES DECEMBER 2, 2009 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Churchill at 7:00 p.m. Members Present: Jeannine Churchill, Tom Melander, David Schindler, Keith Diekmann and Ken Alwin . Members Absent: Tim Burke 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. Hearing none she called for a motion. MOTION Commissioner Diekmann moved, seconded by Commissioner Schindler, to approve the agenda. The motion carried 5 -0. 3. APPROVAL OF MINUTES OF OCTOBER 7, 2009 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 Alwin, to recommend approval of the minutes of the October 7, 2009, meeting. The motion carried 5 -0. 4. CONSENT ITEM -- NONE -- 5. PUBLIC HEARING -- NONE -- 6. LAND USE /ACTION ITEMS -- NONE -- 7. OTHER BUSINESS S: \p1a ing\PLANC0MM\2009 agenda & minute \120209mdoc Planning Commission Minutes December 2, 2009 Page 2 of 5 Before discussing the agenda items, Chair Churchill asked Community Development Director Bruce Nordquist to update the Planning Commission on the status of the new Planning Commission member. Nordquist stated there are eight applicants and the City Council did not want to act on the appointment of the new member until all City Council members were present. He stated that the appointment is on the City Council's December I0 agenda and it is anticipated that the Council will take action that evening. Chair Churchill thanked Nordquist and asked for him to introduce agenda item 7A. A. Update of the Cedar Avenue Project Community Development Director Bruce Nordquist stated that Associate City Planner Kathy Bodmer prepared the report on this project, but is unfortunately ill this evening, and so he will present her report. Nordquist stated that Dakota County is gearing up to begin a major reconstruction of Cedar Avenue from 138 Street south into Lakeville. The construction project is intended to improve traffic flow through the corridor and allow for shoulder- running Bus Rapid Transit (BRT). Some of the modifications include: • Widening and enhancing the shoulders to create a dedicated bus lane. • Adding a third lane each direction from 153rd Street south to 162nd Street in Lakeville. • Adding turn lanes at some of the intersections. • Modifying intersections by closing access, removing signals or constructing medians to require three quarter or right -in right -out movements. In order to accommodate the proposed changes to Cedar Avenue, Dakota County will be obtaining temporary construction easements; trail, drainage, utility and wall easements; and highway easements. Concerns have been raised by property owners along Cedar Avenue that the right -of- way (ROW) line will move if the County obtains highway easements, which may result in some properties no longer complying with zoning ordinance requirements. When the County obtains easements for additional right -of -way, the line from which setbacks are measured move. Zoning performance standards like setbacks and building coverage will be impacted. The other two types of easements, temporary construction easements, and trail, drainage, utility and wall easements, will have no impact on setbacks and building coverage. Property owners have raised concerns that the new easements will render their property a non- conforming use which can impact property value, insurance coverage, financing, and other property transactions. Staff examined the issues that are likely to result from the change in ROW location with legal counsel and prepared the following responses. Response 1 : A change in the ROW line impacts setbacks for buildings, parking lots and signs. SAplanningTLANCOMM\2009 agenda & minutes \120209mdoc Planning Commission Minutes December 2, 2009 Page 3 of 5 Proposed ordinance amendment: • Amends the definitions in the zoning code by adding definitions for public right -of -way and setback. • States in the new setback definition that the setback is taken from the "measuring line" that existed at the time the building permit was issued. Changes to the right -of -way line after the building permit was issued would not impact an approved constructed building in the future. • Amends the definition of sign setback to direct the reader to the setback definition in the zoning code. Response 2 : A change in the ROW line reduces the lot area, which could impact building coverage requirements. Proposed ordinance amendment: • The definition for building coverage is amended to state the calculation is taken for the area of the parcel that existed at the time the building permit was issued. Response 3 : A change in the ROW line may impact the required 15' landscape yard adjacent to the street Proposed ordinance amendment: • The landscape section is revised to state the required width of landscape yard is taken from the location of the street right -of -way at the time of issuance of the building permit. Important issues still need to be addressed related to building additions, reconstruction of a building on its current foundation, or a total demolition and reconstruction of the site. In addition, there is a need to relocate 11 commercial signs along the corridor. If the signs are required to meet the setback requirement from a new lot line, it may mean loss of parking. Nordquist asked for questions or comments from the Planning Commission. Chair Churchill clarified that the ordinance amendments will mean that existing uses now in conformance with the City Code will continue to be in conformance after the road reconstruction, and that if a property owner came in with a proposal to add or develop they will not have to suddenly meet a new setback or right -of -way requirement that's been imposed. Nordquist confirmed that is correct. With the ordinance changes, if the properties are conforming today they will be conforming tomorrow. City Attorney Sharon Hills commented that their office is still working with staff so the documents the Planning Commission has before them now are working drafts. There will be some changes for the next meeting. She clarified a comment made by Nordquist. The ordinance amendments will allow existing properties to remain consistent and in accordance with the requirements for setbacks, the landscape requirements abutting the street, and building coverage. However, if in the future a property owner wants to tear down the entire use and build outside the original footprint, those are issues they still need to address. For example, if there is a property that meets the setback today, but once the new Cedar Avenue goes in, the right -of -way changes and now their setback is 15 ft. S:\pWning \PLANC0MM @009 agenda & minutes \120209mdoc Planning Commission Minutes December 2, 2009 Page 4 of 5 instead of 20 ft. (these numbers are used as an example only), they are not going to run into problems because the City is measuring based on when they built their building originally. Nordquist added that within the last two weeks, the City has had three different plan set changes from the County because they continue to reduce the amount of property that they're going to acquire, and the amount of easements that are required either in a temporary or permanent nature. Staff is trying to stay current with that and that is why on December 16 the Planning Commission will be acting on the best information available and what staff believes to be the final plan. Commissioner Schindler asked Hills if property owners will be measured on their current situation or will they be measured on what their lot originally was. Hills replied that they are reviewing it and discussing it with staff on how to address that issue. They've had discussions on a total knock -down and rebuild on the current footprint versus a knock- down and enlarging the footprint. Nordquist added that whenever something doesn't fit the zoning ordinance, the City has a variance process and part of that is that a hardship be created. This project creates that hardship. Nordquist presented a brief PowerPoint presentation to present an overview of the Cedar Avenue project. Nordquist stated that the objective is to ensure that what the City and the County are doing on Cedar Avenue will not ultimately affect the property owner. Nordquist asked for any comments or questions from the Commission. Chair Churchill clarified that on December 16 the Planning Commission will be expected to act on the ordinance. Nordquist said that is correct. Chair Churchill asked if staff plans to discuss impacts on any particular parcels. Nordquist replied that staff will provide a spreadsheet of the individual parcels that are affected. Chair Churchill replied that this will be a major disruption to all of the property owners along Cedar Avenue and if the City, by modifying the ordinances, can make that impact less burdensome then she will likely support this. She stated that she may have some specific questions on language as it might affect one or two properties. Perhaps in the staff report, in preparation for the next meeting, staff could call out those properties that have specific issues. Nordquist stated that he believes the spreadsheet is the best way for the Commissioners to review it. Once the six ordinance amendments are acted on, all the properties on the Corridor will comply with City ordinance. The Apple Valley Chamber of Commerce was looking for ordinance S: \planning\PLANCOMM\2009 agenda & minutes \120209m.dm Planning Commission Minutes December 2, 2009 Page 5 of 5 amendments that would help the business community be good property owners and staff believes that the City is achieving that with this process. Commissioner Melander stated the idea behind making the definition changes is to lessen the number of variances that the City has to do for these properties. This is a more efficient way to operate. It makes Apple Valley a better organized community. Hearing no further comments from the Planning Commission, Chair Churchill thanked Nordquist B. Consideration of the 2010 Meeting Calendar Hearing no comments from the Planning Commission, Chair Churchill called for a motion to set the meeting dates on the 2010 meeting calendar. MOTION: Commissioner Melander moved, seconded by Commissioner Diekmann, to approve the 2010 meeting calendar. The motion carried 5 -0. C. Review of the Upcoming Schedule and other Updates Community Development Director Bruce Nordquist stated that he had no updates. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Churchill asked for a motion to adjourn. MOTION Commissioner Diekmann moved, seconded by Commissioner Alwin, to adjourn the meeting at 7:38 p.m. The motion carried 5 -0. SAp1anniugTLANC0MM\2009 agenda & minutes \120209m.doc