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HomeMy WebLinkAbout02/16/1994 CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES February 16, 1994 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order at 7:00 p.m. by Chairman Alan Felkner in the Council Chambers of the Apple Valley City Hall. Members Present: Chairman Alan Felkner, Marcia Gowling, Len Miller, Jeannine Churchill, and Frank Blundetto. Members Absent: Karen Edgeton and James Cady. Others Present: See the sign -in sheet. 2. APPROVAL OF AGENDA The agenda was approved as written.. 3. APPROVAL OF FEBRUARY 2, 1994 MINUTES The minutes of the February 2, 1994, Planning Commission meeting were approved as written. 4. CONSENT ITEMS - None - 5. PUBLIC HEARINGS - None - 6. LAND USE /ACTION ITEMS A. Conditional Use Permit & Site Plan /Building Permit Approval for Auto Service Center, Located at the Southeast Corner of Pennock Avenue and 149th Street Rick Kelley presented a brief introduction to this issue stating that the site is currently designated for "RB" Retail Business and is a portion of the Margolis Addition which is a redevelopment site, formally the Apple Valley Ford location. Tires Plus represents the second phase of the Margolis Addition, the first phase being the PROEX /Brueger's building that is fully constructed at this time. Planning Commission Minutes February 16, 1994 Page 2 Kelley continued by stating that the downtown design guidelines were utilized in the design of the building and that the developer limited the bay doors to two, with an internal drive isle so that even though there are six service bays internally, there are only two doors to service those six bays. Kelley also stated that the trash and tires will all be stored inside, that there will not be items outside of the building to clutter or cause a detrimental appearance to the other sites in the Margolis Addition. The building itself is brick with a Spectraglaze band and canopies or awnings over the windows. Kelley stated some concerns at the last meeting included the language of the ordinance, which does not make it clear whether or not a service facility such as Tires Plus would be permitted with the two bay doors. Although the City Council had discussed this issue, an ordinance amendment had not occurred. The second element of concern was traffic. Kelley stated that the site is surrounded by three public streets and is a mix of uses with fast food and high traffic generators. Tires Plus is a very low traffic generator and will compliment the other uses in terms of traffic. Kelley concluded by stating that Staff recommends approval of an ordinance amendment to clarify and to make the language less ambiguous, or making this type of service facility a stated conditional use in the retail business district. Ron Fiscus of Yaggy Colby Associates stated that he was comfortable with the Staff recommendations and would be glad to answer any questions that the Commission may have. Len Miller asked if this Tires Plus is unique in its design. Ron Fiscus responded that this building is a new design for Tires Plus. It was designed with sensitivity to the downtown design guidelines in Apple Valley. MOTION: Len Miller moved to approve a conditional use permit for a minor auto repair service facility with two auto service bays as illustrated on the site plan, as either an amended or interpreted conditional use subject to no outdoor storage of materials or overnight outdoor storage of motor vehicles: ` Frank Blundetto seconded the motion. Alan Felkner commented that although we do have specific areas in Apple Valley that serve as auto parks with auto service facilities, we have deviated from those districts in the past and allowed auto service in other locations. Felkner continued by stating that he is not concerned about the design of this building or the deviation from the auto park areas because of the design sensitivity and character of the building with two bay doors, as opposed to a series of bay doors along one wall. Planning Commission Minutes February 16, 1994 Page 3 The motion passed 5 - 0. MOTION: Len Miller moved to approve the site plan and building permit authorization in accordance with the submittals, subject to documentation of landscape material costs equaling or exceeding 2 -1/2% of the building construction cost. Frank Blundetto seconded the motion and the motion passed unanimously. 6B. Site Plan/Building Permit Approval for Marquette Bank with Variance for Drive -thru Teller Windows Scott Hickok gave a brief presentation which stated that Oppidan Investment Company has requested consideration of site plan approval and building permit authorization for Marquette Bank in Apple Valley. This bank is to be located on Lots 1 and 2, Delegard 2nd Addition, commonly known as Whitney Plaza. Hickok reminded the Commission that this item had appeared on their last Planning Commission agenda, and at that time the Commission did recommend a variance for the drive -thru teller use on the site. However, the Commission wanted to evaluate in further detail the site plan and building permit authorization prior to approval. Hickok continued by stating that Marquette Bank and Oppidan Investment Company have resubmitted elevation plans which indicate that the building will have a pitched roof with cedar shakes that is consistent with the Planned Development 532 language, which requires building designs compatible with the surrounding uses. This building has been designed with sensitivity to the surrounding residential area. The drive -thru will also be designed to have a pitched roof with residential character. The building facades will be of a brick and glass combination. The brick detail includes columns and accent bands. Hickok stated that the drive -thru lanes had been a concern at the last Planning Commission meeting. The concern centered around vehicles which exit the teller lanes and whose drivers desire to go opposing directions. As a solution to this potential conflict of traffic patterns, Hickok recommended that the curb islands that had been illustrated between the teller lanes be extended toward the west to a point that would allow the vehicles to pull straight out past the building prior to making their turn. Hickok also stated that a rumble strip or similar surface should be included to alert drivers that they are entering a two -way drive lane. This rumble strip should begin at a point even with the west facade of the bank building and should continue until it reaches the sidewalk extension that comes off the landscaped area near the west elevation of the building. Hickok also stated that the Staff recommendation also includes a planting modification which allows Black Hills Spruce to be planted eight feet on center, staggered the entire width of the teller lanes. These plantings are to be placed between the curb on Planning Commission Minutes February 16, 1994 Page 4 the western parking lot and the decorative knee wall along Whitney Drive, west of the bank tellers. Hickok concluded by stating between 11:00 and 1:00 is a peak time for the bank, evenings between 4:00 and 6:00, and also Saturday mornings. Using a chart to illustrate other land uses and traffic generation, Hickok pointed out that during its peak times the bank anticipates 165 cars, but through the other portions of the day the traffic levels out considerably. Chairman Felkner asked if the developer would like to add anything. Joe Ryan of Oppidan Development stated that he was comfortable with the Staff presentation and would be glad to answer any questions. Marcia Gowling asked for clarification of the actions required. MOTION: Marcia Gowling moved to approve the site plan review and building permit authorization with the stipulations that the developer provide a heavily landscaped screen between the west edge of the west parking lot and the decorative knee wall to be approved by Staff prior to issuance of the building permit, and secondly that the developer modify the drive -thru lanes as suggested by Staff to ensure safe exiting from the teller lanes. The motion was seconded by Jeannine Churchill and passed unanimously. 6C. Waterford Village Comprehensive Plan Amendment, Rezoning & Preliminary Plat for 97 Single Family Houses & 99 Townhomes, and Site Plan /Building Permit Approval & Conditional Use Permit for Alternate Exterior Building Materials for Townhomes at the Northwest Corner of Johnny Cake Ridge Road and 140th Street West Rick Kelley gave a brief presentation which explained the location of the proposed development that includes five separate actions. The Comprehensive Plan designation currently shows low density residential and single family residential. The proposal is one that will reverse those locations, putting the single family closer to existing and future single family, and the low density townhomes at the corner of 140th and Johnny Cake. The proposal includes a plan for 97 single family units and 99 townhome units. Kelley explained that the plan as proposed indicates three cul -de -sacs. Staff believes that at least two of those cul -de -sacs could be eliminated by connecting the roads and making a through street to service the lots. Kelley also stated that Ferris Avenue South will function as a collector, and it is believed that where it meets 140th will be a signalized intersection in the future. Kelley stated that a sidewalk will be necessary because of the collector characteristics of this roadway. That sidewalk will not only line the Ferris Avenue street right -of -way, but will connect at the west with the Centex Development at its point of access. At the time that the proposal was drawn, Kelley indicated that the access location Planning Commission Minutes February 16, 1994 Page 5 was still being discussed so this plan did not show the sidewalk connection. However, the modified plan should indicate that a sidewalk connection be made with the Centex Development to the west. This sidewalk connection will allow pedestrian access from this development to Greenleaf Park. Kelley explained the on -site parking and the fact that public streets do provide for on- street parking so that the clusters of overflow parking are not necessary along public streets. Kelley concluded by stating that the proposal also asked for an alternate material rather than the combined brick and wood as required by code. The developer desires a combination of brick and low maintenance material such as vinyl or steel. Kelley stated that Staff recommends approval with the stipulations stated. Dale Runkle of Joe Miller Homes stated that he is comfortable with the Staff presentation but does have one point that he would like to make regarding the cul -de -sacs. Runkle stated that in laying out this development with the cul -de -sacs, they were trying to create a neighborhood atmosphere. He felt that street connections would mean that some homes would have streets behind them as well as in front of them, and there would be a desire by homeowners to put up fences to block their view or to separate their yards from those street areas. With cul -de -sacs, Runkle felt that it would have much more of a neighborhood feel. Runkle asked if the sidewalk connection to the west was part of the park dedication or part of the standard platting procedures. Rick Kelley explained that this would be part of the standard platting procedures. Marcia Gowling asked if the City has a problem with cul -de -sacs of certain dimensions. Rick Kelley explained that a cul -de -sac with a street connection that is longer than 900 feet would not be acceptable. However, these cul -de -sacs would be less than the 900 feet. Jeannine Churchill asked for further clarification of the cul -de -sacs -- whether or not they were to City standard to allow emergency vehicles and service vehicles to enter and exit safely. Rick Kelley responded that they are standard cul -de -sac designs. Jeannine Churchill then asked whether or not backing would be required by service vehicles because of the cul- de -sacs. Kelley responded no, they would be able to loop through and drive back out of the cul -de -sac. Marcia Gowling asked whether or not the developers have tried to come up with a plan that would eliminate some or all of the cul -de -sacs. Dale Runkle responded that he Planning Commission Minutes February 16, 1994 Page 6 felt that besides the neighborhood appeal that they were trying to create, the economics of losing possibly two lots would make connecting the streets and eliminating the cul -de -sacs undesirable. Jeannine Churchill asked if we have information on the values of living on a cul -de- sac versus living on a standard lot. Rick Kelley responded that most people like to live on cul -de -sacs. Dale Runkle added that it is more desirable to live on a cul -de -sac, and therefore those are the first lots that sell. As a developer, they can expect a premium for those lots on a cul -de -sac. A general discussion regarding cul -de -sacs ensued. MOTION: Marcia Gowling moved to approve an amendment to the comprehensive plan by reversing the locations of single family and low density designations. This motion was seconded by Jeannine Churchill and passed unanimously. MOTION: Marcia Gowling moved to approve rezoning from "SG" Sand & Gravel to "R3" Single Family Residential and "M313" Multi Family Residential. This motion was seconded by Jeannine Churchill and passed unanimously. MOTION: Marcia Gowling moved to approve the preliminary plat of Waterford Village subject to the substitution of 139th Street connection on the west for 138th Street, widening of Ferris Avenue right -of -way, a connection of Ferris Circle to Fernando Avenue and five foot wide sidewalks on Ferris from 140th to 139th and on 139th. This motion was seconded by Jeannine Churchill and passed unanimously. MOTION: Marcia Gowling moved to approve the site plan and building permit authorization of the Waterford Village Townhomes subject to final landscape plans meeting the 2 -1/2% building construction costs. This motion was seconded by Jeannine Churchill and passed unanimously. MOTION: Marcia Gowling moved to approve a conditional use permit for alternate exterior construction materials for the submitted elevations. This motion was seconded by Jeannine Churchill and passed unanimously. 61). Apple Ponds Apartments Site Plan /Building Permit Approval for 192 Rental Units at the Southeast Corner of Cedar Avenue and 157th Street Rick Kelley gave a brief presentation explaining that this proposal is for site plan approval and building permit authorization for a 192 unit apartment complex located at the southeast corner of Cedar Avenue and 157th Street west. Kelley stated that the site is properly zoned for this use with an adjusted density of 12.6 units per acre, which is well Planning Commission Minutes February 16, 1994 Page 7 below the permitted 18 units per acre for this development area. There is a driveway access proposed onto 157th Street. The berm improvements as proposed would require some beefing up to meet the planned development special performance standards in this area. Kelley stated that the appearance to the rear of the detached garages along Cedar Avenue and County Road 46 may need to be improved. Kelley utilized photographs to indicate the view of these garage elevations. Kelley stated that there is an existing storm water pond that is required for this development area. As part of this proposal the developer has agreed to move that storm water holding pond to a location at the southeast portion of the site. This would allow the buildings to be constructed as proposed and the pond would retain its capacity once moved to its new location. A similar project was recently completed in Burnsville on the east side of Portland Avenue, adjacent to 35E. Kelley concluded by stating that Staff recommends approval of the site plan and building permit authorization subject to the 157th Street access point, revisions of the berm and landscape plans to conform with the planned development standards, documentation of the final landscaping equaling or exceeding 2 -1/2% of the building construction value, and the full cost of storm water pond relocation and easement vacation to be born by the developer. Depending on the appearance of the rear side of the garages, some revision in their design may be appropriate. Rick Kelley explained the need to realign the access to 157th, as well as to establish a second access point onto Gladstone Path to allow a secondary egress during peak traffic periods to 157th. Marcia Gowling asked, once the drive is realigned to 157th Street, how far will it be from the intersection of Cedar and 157th. Rick Kelley responded that it will be 80 feet. Len Miller asked about the backs of the garages and what the materials are. Rick Kelley explained that it is a combination of a brick column and vinyl siding. These brick columns are strategically placed along the backs of the garages between each individual garage unit. MOTION: Jeannine Churchill moved to approve the site plan and building permit authorization for the Apple Ponds Apartments subject to the revision of the 157th Street access point, revision of the berm and landscape plans to conform with the planned Planning Commission Minutes February 16, 1994 Page 8 development standards, documentation of final landscaping equaling or exceeding 2 -1/2% of the building construction value and a full cost of the storm water pond relocation and easement vacation to be born by the developer. This motion was seconded by Frank Blundetto and passed unanimously. 6E. Valley Oaks Comprehensive Plan Amendment, Rezoning, Preliminary Plat, Conditional Use Permit and Site Plan Review for 58 Multiple Residential Units John Voss gave a brief description of the project, including discussion of the public hearing for the revision to the Comprehensive Plan from Neighborhood Convenience Center to Moderate Density Residential, 6 to 12 units per acre; rezoning from Neighborhood Commercial to "M613" Multi Family Residential; a preliminary plat to subdivide the property; a conditional use permit for exterior construction materials; consideration of density bonuses; and a variance from the two car garage requirement for a 52 unit townhome development. This project is located along Pennock Avenue and south of Palomino Drive. Voss explained that historically the site was retail prior to 1980 and the owner had hoped to maintain a retail classification on the development area. Now the owner proposes to abandon the pursuit of a neighborhood commercial development and develop the 6.43 acre site into a 52 unit rental townhome development. The retail development did originate from the City, according to Voss. In 1989 the City initiated a public hearing to redesignate the subject property for multiple residential, but determined not to change the designation when the owner requested a continuation of convenience commercial. Voss addressed the concerns regarding the value of the units and value of the property itself and explained that density bonuses were given for upgrades such as a fireplace, sound attenuation between the units, and an extra 3/4 bath in many of the units. Voss also explained that the 2 -1/2% of the value of construction landscape determination still has to be made, and a landscape plan will have to be approved. Staff will work with the developer to determine whether or not that landscape plan meets the required 2 -1/2% value. Voss also explained that the developer has reoriented the units to allow additional open space within the development. In Voss's opinion the third site plan is far superior to the earlier proposals. Twenty -two units are being proposed with a two -car garage. This means that a variance would still be required for 30 of the units with one -car garages. Planning Commission Minutes February 16, 1994 Page 9 Len Miller asked whether or not the end elevation indicating aluminum windows is correct, and whether or not that means that there will be both aluminum windows and doors. The developer Wally Johnson stated that he would go with a vinyl clad window and door combination on these units and is looking at a steel siding for the units as well. Len Miller asked, with the addition of two car garages for all the units, what the drop in density might be. John Voss explained that it may not mean a direct impact to density, but we would lose much of the green space. Currently there is an excess of 60% green space with the 12 foot single car garages. An additional 8 -10 feet would be required for the two car garages which would cut down considerably on the open space dimensions. Marcia Gowling asked what the rent costs would be in a development such as this. Voss responded that a similar project in Eagan, Alden Ponds, receives $850 per month. Marcia Gowling then asked who ensures the upkeep of the units and what can be stored outside in terms of number of vehicles and equipment. John Voss explained that the lease agreement was drawn very tight to protect against items being stored outside, excessive number of vehicles, etc. Voss also indicated that the developer may be able to speak to the maintenance issues. Mike Dougherty, City Attorney, added that the developer would be responsible and would obviously be looking for a return on their investment. The return on investment helps to assure upkeep of the units. Wally Johnson, the developer on this project, stated that he added two -car garages where possible, and that he has tried to do all he can to address the concerns of both the citizens, Staff and Planning Commission with this latest proposal. He stated that he and his partners are involved with this project for profit and intend to keep the maintenance of these units up to assure that the rent received reflects the value of the project. Marcia Gowling asked if the developer had an elevation of the building. The developer responded that he has submitted a colored rendering to Staff. Len Miller stated that he was alarmed at the one -car garage versus two -car garage and the aluminum versus vinyl clad. Although he is certain that this developer will produce a quality project, he is concerned that these elements are still showing up in the plans. Wally Johnson responded by stating that he is very interested in a quality project and if the Commission requires a certain shingle or siding, he would be willing to go along with that. Marcia Gowling asked for some assurance of quality of the siding material. A general discussion ensued regarding this material. Planning Commission Minutes February 16, 1"4 Page 10 Dave Phillips, 7638 - 128th Street, stated that he understands the City has a right to deny a variance and does not understand why the two -car garage requirement can't be met. Phillips continued by stating that it takes a 4 /5th vote to amend a comprehensive plan change, which really indicates the importance of a decision such as this. Phillips stated that many of the property owners purchased land based on the comprehensive plan and is concerned about the amendment and what it does to those property owners who made a decision to purchase. Phillips concluded by stating that whatever develops here, he urged the Commission to be very careful with the decisions they make. Len Miller asked for clarification of elements of the proposal in response to Mr. Phillip's statements. Jeannine Churchill asked whether or not the park and ride is an issue at this point. Rick Kelley responded that the park and ride portion of this proposal had been approved at the last Planning Commission meeting. MOTION: Len Miller moved to redesignate the Comprehensive Plan from "CC" to Medium Density Residential, allowing 6 -12 units per acre. Jeannine Churchill seconded the motion. The motion passed 4 - 1, Gowling dissented. MOTION: Len Miller moved to rezone the neighborhood convenience center site to multiple residential from "NCC' to "M613". This motion was seconded by Jeannine Churchill and passed 4 - 1, Gowling dissented. MOTION: Len Miller moved to deny the conditional use permit for exterior construction materials of brick and vinyl siding rather than brick and natural wood planks. The motion was seconded by Alan Felkner and the motion failed 3 - 2. MOTION Len Miller moved to deny the variance request for single car garages, seconded by Frank Blundetto. Motion carried unanimously. Len Miller stated that he feels this is inconsistent with the neighborhood around it and is not comfortable with a single car garage allowance through the variance process. Jeannine Churchill asked for clarification of the number of garage units for the development at the southeast corner of Cedar and the Zoo Road, Oxford Hollow. Staff stated that those are two -car garages. Jeannine Churchill asked why the difference in our not wishing to grant variances for these units, when we have granted variances for units in other areas around the City that allow single car garages rather than two -car garages. Rick Kelley explained the multi family details about the graduated steps in terms of the 8 separate density possibilities, as well as Planning Commission Minutes February 16, 1994 Page 11 the A,B,C performance classifications. Because of this there are projects that do have single car garages in areas where the City has attempted to provide the least cost affordable housing opportunity for individuals. It is not inconsistent to find single car garages in certain areas where the City has deemed it appropriate through the City performance standards. Chairman Felkner called for a motion on site plan review and John Voss explained that with denial of the variance for garages, the developer will be required to return to the drawing board, reevaluate and reposition units to get two -car garages in. Therefore, it would be inappropriate at this time to recommend approval of the site plan. Mike Dougherty then stated that the recommendation of denial earlier for a conditional use permit for alternate materials on these buildings will require a motion in the affirmative rather than a recommendation of denial. MOTION: Len Miller recommended approval of the conditional use permit to allow alternate materials. Alan Felkner seconded the motion. The vote was 2 - 4, with 1 abstention. 6F. Diamond Path Townhouses Rezoning, Preliminary Plat and Site Plan Review for 46 Multiple Residential Dwelling Units was Tabled at the Request of the Petitioner Until Further Notice 6G. Huntington Ridge Garden Homes was Tabled at the Request of the Petitioner Until Further Notice 6H. Avsur Acres Rezoning and Preliminary Plat for 6 Single Family Lots was Tabled at the Request of the Petitioner Until Further Notice 61. Utility Corridor and Substation was Tabled at the Request of the Developer Until Further Notice 7. DISCUSSION ITEMS A. Sketch Plan Review for Foxmoore Ridge 2nd Addition on Southwest Corner of Essex Avenue & 141st Street West by Diedrich Builders. Scott Hickok gave a brief presentation of the proposal by Diedrich Builders of a multi family residential development. Hickok explained that the site is east of Pilot Knob & south of 140th behind the East Valley Plaza Shopping Center. This proposal is to amend the Comprehensive Plan from Retail Business to Moderate Density Residential allowing 6 to 12 units per acre. This would also require rezoning from Retail Business to M4C Multi Planning Commission Minutes February 16, 1994 Page 12 Family Residential. The proposal shows 6.1 units per acre. A preliminary plat would also be required allowing the units to be laid out in a townhouse fashion with common open space. Jeannine Churchill asked for clarification on the drawing submitted in the packet that shows topography without the street. Scott Hickok expressed the Staff interest in having an open area that can serve as an amenity to the development and function as an area to socialize, which may include a tot lot or park benches or similar landscape feature. Frank Blundetto stated that he would like to have a very specific proposal when this comes back before the Commission. He recalls the Foxmoore I Townhome Project proposal was very sketchy, landscape costs were an issue, the plan was not professionally prepared, and there were many questions left to be answered with his original proposal. Marcia Gowling asked whether or not the City is willing to give up that retail business designation at this time to allow additional townhomes. Scott Hickok responded that the Staff will be doing an evaluation prior to bringing this back to the Planning Commission to determine whether or not a retail use is appropriate, or whether this area should be developed as townhomes. Chairman Felkner stated that the petitioner should work with Staff and determine what is necessary, so the Commission can later evaluate a formal proposal. 8. OTHER BUSINESS A. Consider Special Work Meeting to Discuss multifamily Development Standards, Possible Ordinance Amendments, and Setback Variances The Planning Commission set a work session date of Wednesday, March 9, 1994. 9. ADJOURNMENT The meeting adjourned at 8:50 p.m.