HomeMy WebLinkAbout12/18/2002 CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
DECEMBER 18, 2002
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to Order by
Chair Karen Edgeton at 7:00 p.m.
Members Present: Karen Edgeton, John Bergman, David Schindler, James
Hadley, Jeannine Churchill, Tim Burke, and Tom Melander
Members Absent: None
Staff Present: Community Development Director Richard Kelley, City Planner
Tom Lovelace, City Attorney Sharon Hills, Assistant Planner Kathy Bodmer, and
Assistant City Engineer Jacob Fick
2. APPROVAL OF AGENDA
Edgeton asked if there were any changes to the Agenda. There being none, she
called for its approval.
MOTION: Hadley moved, seconded by Churchill, to approve the Agenda. The
motion carried 7-0.
3. APPROVAL OF MINUTES OF DECEMBER 4, 2002
Edgeton asked if there were any changes to the minutes. There being none, she
called for their approval.
MOTION: Hadley moved, seconded by Bergman, to approve the minutes. The
motion carried 7-0.
4. CONSENT ITEMS
None.
5. PUBLIC HEARINGS
None.
6. LAND USE/ACTION ITEMS
A. Cobblestone Lake Phase II — Rezoning, Preliminary Plat, and Site
Plan Building Permit Authorization for 59 Acre Mixed Residential
Development
City Planner Tom Lovelace presented the request from Cobblestone Lake
Development, for rezoning, preliminary plat, site plan/building permit
authorization and model home site approval for a 59 acre site located in
the Cobblestone Lake development, referred to as Phase II.
The rezoning involves the creation of 3 new subzones and their standards
within Planned Development 703. The preliminary plat request would
subdivide the property into 46 single-family and 89 multi-family
residential lots and 10 outlots. Lovelace reported this would allow for the
construction of 46 single-family, 16 duplexes, 46 townhouse and 236
townhouse/condominium dwelling units. These outlots are proposed to be
used as a combination of public and private open space. Lovelace stated
this phase of the construction would consist of 344 dwelling units on 59
acres for density of 5.8 units per acre. Amendments to the planned
development ordinance would be required for this phase of the
development which would include the establishment of subzones and
creation of uses, performance standards, and area requirements for those
subzones including lot areas and widths, setbacks, roadway design, etc.
Lovelace reviewed the proposed park and trails for this phase. A colored
rendering was included in the packet of materials sent to the Commission.
Final approval of the park proposal will be reviewed by the City's Park
and Recreation Advisory Board.
Lovelace discussed some of the issues raised by staff and the Commission
at the public hearing, along with staffs recommendations for correcting
them. Streets N and 0 split as they intersect with Cobblestone Parkway.
The original plans indicated that those would be two-way streets with
recessed parking on the outside of Street 0. Staff recommended that these
streets be one-way streets that correspond with the section of each street to
the north of the split and recessed parking along that section of Street N
that is adjacent Outlot C. In addition, Lovelace recommended that the
applicant add recessed parking spaces to the section of Street 0 that are
separated by the landscaped median. This would alleviate some of the
concerns expressed by the Commission regarding inadequate guest
parking for buildings located on Lot 3 and 4, Block 3.
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During the public hearing, the Commission expressed concerns about the
right-of-way widths in this phase remaining at 63 feet. Lovelace
recommended that the right-of-way be increased to 73 feet.
Private streets that exceed the maximum distance the City would allow
without an emergency turnaround must be modified to include the
required turnarounds and be constructed to City standards.
Lovelace reported staff would continue to work with the applicant
regarding the submitted sidewalk plan that proposes internal sidewalk
connections from the Gables area to nearby trails.
Lovelace stated the homeowner's association would be responsible for the
ongoing maintenance of all the landscaping and structures in the medians
and private open spaces. The applicant has also indicated that vinyl siding
will not be used, as stated in the ordinance. Lovelace stated that in the
future this ordinance should be reviewed because vinyl might be an
acceptable use for some products or could be used as an accent.
At the time the staff report was delivered to the Commission, Lovelace did
not make a recommendation because significant design issues remained
unresolved. Since the Commission received the staff report, Lovelace and
the developer resolved a majority of the outstanding issues. Therefore,
Lovelace recommended approval of the project with the conditions
presented in his written recommendations that were distributed and
reviewed with the Commission at this meeting.
Commissioner Churchill questioned if the "No Parking Emergency
Vehicles Only" sign in the emergency turnaround area included all
turnaround areas or only one area as stated in Lovelace's
recommendations. Lovelace indicated that it should be plural and include
all turnaround areas.
Commissioner Hadley asked Lovelace if this site is at the maximum
density for the comp plan. Lovelace indicated that it is not at the
maximum density. Presently, the density is 5.8 units per acre and the
maximum density is 6.0 units per acre. Commissioner Schindler asked for
further clarification as to how the density is calculated. Community
Development Director Rick Kelley explained to the Commission how
density is calculated in a Planned Unit Development ordinance versus
standard zoning procedures.
MOTION: Commissioner Burke moved, seconded by Churchill, to
approve the rezoning of the 59-acre site to Zones 2, 3, and 5 of Planned
Development 703, as indicated on the map prepared by City Staff.
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MOTION: Commissioner Burke moved, seconded by Churchill, to
approve the preliminary plat for Cobblestone Lake Phase II as submitted,
subject to the following conditions:
• Redesign by the petitioner of Cobblestone Parkway to the
satisfaction of City staff.
• Acceptance of Out lot A, C, F, G, and I as public parkland.
• All outlots that are designated as private open space shall be
platted as lots.
• Construction of emergency turnarounds for the three private streets
that exceed the maximum distance allowed without a turnaround to
the satisfaction of the City.
• Dresden Avenue pathway connection shall be extended along Lots
9 or 10, Block 4, and shall have a maximum grade acceptable to
the City Engineer.
• Construction of a cul-de-sac at the end of Dunbar Avenue shall be
part of this development.
• Streets "N" and "0" shall be constructed as one way streets and
recessed parking shall be added on Street "N".
The motion carried 7-0.
MOTION: Commissioner Burke moved, seconded by Churchill, to
approve the site plan/building permit authorization for Cobblestone Lake
Development — Phase II, subject to the following conditions:
• The addition of recessed parking along Street "0".
• "No Parking Emergency Vehicles Only" signs shall be erected in
the emergency turnaround areas.
• Inclusion of the pedestrian connections in accordance with revised
pathway plan, subject to modifications of selected private drives in
the "Gables" to supplement the pedestrian circulation plan to the
satisfaction of City staff.
• A homeowner's association shall maintain all privately held
landscaped areas and street medians.
The motion carried 7-0.
MOTION: Commissioner Burke moved, seconded by Churchill, to
approve the model home building permit locations, as amended, subject to
final approval by the appropriate Public Safety Staff The motion carried
7-0.
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B. Sign Variance for Burlington Coat Factory
Kathy Bodmer, Assistant Planner, presented the request from Burlington
Coat Factory for a sign variance to construct 3 building signs totaling 766
sq. ft. on the east face of the former K-Mart building in Apple Valley
Square. The sign variance is requested in conjunction with the remodeling
of the front of the Burlington Coat Factory store.
Bodmer reported the sign code allows one sign per tenant, per building
face in multi-retail buildings such as the Apple Valley Square building.
The size of the sign is based upon the square footage of the store. At
approximately 87,000 sq. ft., the store is entitled to 500 sq. ft. of building
signage. The sign area is calculated by drawing a single rectangle around
all copy of the sign. The applicant is proposing to have 3 separate signs —
Burlington Coat Factory, Baby Depot, and Luxury Linens, totaling 766 sq.
ft. Bodmer stated that while the applicant states the signage totals 334.7
sq. ft., this number was obtained by calculating the area of each sign
individually.
Bodmer informed the Commission that there are circumstances in which
additional signage is permitted on a building to advertise a separate entity
within the building. An example is the TCF Bank inside the Cub Foods
building. TCF Bank is a separate business entity within the Cub Store and
is entitled to its own signage. However, separate signage is not permitted
for separate departments or product lines within the store, which is the
case of this request. The applicant has stated that Baby Depot and Luxury
Linens are important product lines to call out on the store signage so that
customers understand the store sells more than coats. For comparison
purposes, Bodmer stated that a similar request was made by Jo Ann
Fabrics in 1999 to install an additional 6 signs for various product lines.
The Commission and City Council denied that request.
Chair Edgeton asked Bodmer if the three signs were combined into one,
would it fit within the 500 sq. ft. Bodmer stated that she has not done any
calculations, but is certain it would meet the specifications. Chair Edgeton
stated that if it does, that would be a solution rather than requesting a
variance.
Bodmer stated the sign code requires that certain requirements be met in
order to grant a sign variance. Burlington Coat Factory does not meet the
requirements set forth in the sign code. The applicant submitted pictures
of other buildings that appear to have more than one sign. Bodmer
reviewed the pictures with the Commission and it appears that only one is
not in compliance with the ordinance. Bodmer will contact the business
and take action to bring it into compliance.
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Bodmer gave staff's recommendation to deny the sign variance request.
However, as a solution to Burlington Coat Factory, Bodmer recommended
the applicant explore the option of combining the three signs into a single
one.
David Brandel, representative for Burlington Coat Factory, addressed the
Commission. Brandel indicated that Cub Foods and the Target Superstore
each have 3 signs and wanted to know the justification for granting those
signs. Chair Edgeton and Bodmer stated that due to the extraordinary size
of these buildings, the spacing of the signs provided balance.
Commissioner Churchill informed Brandel that the Commission is very
excited to have Burlington Coat Factory as a part of Apple Valley and that
the building itself is very attractive, but the signage must be in compliance
with the code.
MOTION: Commissioner Melander moved, seconded by Bergman, to
approve the sign variance request presented by Burlington Coat Factory.
Motion denied with 0 in favor and 7 opposed.
C. Christ Church — Interim Use Permit to Allow for Placement of a
Temporary Office Trailer
Tabled at the request of the Petitioner.
7. LAND USE/ACTION ITEMS
A. Sketch Plan for 20-Unit Townhouse Development
Kathy Bodmer, Assistant Planner, presented the sketch plan review of a
20-unit townhouse development from Dahle Bros, preliminarily referred
to as Dahle Oaks. The proposed development is located on a 5.4 acre
parcel on the east side of Galaxie Avenue immediately south of the
Minnesota Zoological Gardens property. The sketch plan proposes to
construct 20 townhouse units along a private street that terminates in a cul-
de-sac. The Comprehensive Plan guides the development of the property
for "LD" Low Density Residential development at 0-6 units per acre.
Bodmer stated the property is currently zoned "R-1", single family
residential with a minimum lot size of 40,000 sq. ft. The proposed
development would require rezoning to a multiple family designation and
receive site plan review/building permit authorization.
Bodmer reported the site is wooded with steep slopes and contains two
wetlands. The City's Natural Resources Coordinator has indicated that the
site is part of a hardwood forest consisting of many significant white and
red oak. The City's subdivision ordinance requires that subdivision
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development shows "due regard" for the natural features on the site and
strive to protect as much of it as possible.
A large, DNR-protected pond (#213-P) is located on the northeast corner
of the property and has suffered from considerable algae growth during
the recent past. As a result, it has been necessary for the City and the Zoo
to provide special treatments to try to improve the pond's water quality.
Bodmer reported a more extensive buffering and filtering area might be
needed around the pond due to the water quality problems that have been
experienced. In addition, any stormwater drainage would need to be
directed away from this water body.
Bodmer reviewed the sketch plan with the Commission that was presented
by the applicant. Bodmer reported that no official action is needed from
the Commissioner. The applicant is seeking feedback regarding the sketch
plan proposal. Bodmer reported that more details regarding this property
would be forthcoming at the public hearing.
Commissioner Churchill indicated the area is pretty wooded and wondered
if any tree counts had been done. Bodmer stated not at this point but if the
project continues, the developer should strive to protect as much of the
natural features as possible on the property.
Commissioner Melander is concerned about the impact of the pond and
the trees if development proceeds. He stated the Commission should take
a serious look at what is to be preserved or not preserved. In addition, he
is concerned about the impervious surface if additional runoff is added to
the pond. Bodmer suggested that the Commission look at the rezoning
issues first before proceeding with this project. Bodmer reviewed some of
the neighborhood characteristics and the characteristics of the property in
relation to what might be best for this neighborhood if rezoned.
Chuck Ryan, President of Dahle Bros., addressed the Commission and
discussed some of the issues and features of the project. He indicated this
project would be very similar to Dahle Pines. He indicated they would try
to save as many trees as possible. Ryan stated there are 20 units being
proposed located along a 28 foot wide private street that terminates into a
cul-de-sac. Ten visitor parking spaces are provided to meet code
requirements, in addition to parking on one side of the private street. The
houses are set back 30 feet rather than 20 feet to provide longer driveways
to park larger vehicles.
Chair Edgeton stated it appears there are too many units being proposed
for the land and that she would rather see setbacks not as deep in order to
preserve more of the trees and streets that are narrower than what is being
proposed. Commissioner Churchill encouraged Ryan to reduce the
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density and keep as much of the significant trees as possible.
Commissioner Melander feels that it is not possible with the significant
slopes on the property.
Commissioner Schindler asked Ryan if a single-family development had
been considered as an option. Ryan indicated that from an economic
standpoint, it would not be feasible.
Bodmer will continue to work with the applicant and address the issues
brought forth by the Commission. The Commission also suggested
working with the neighbors prior to the public hearing and submittal of a
new sketch plan.
B. Update of Central Village Market Analysis
City Planner Tom Lovelace introduced the Apple Valley Central Village
Small Area Plan Market Analysis for review and discussion by the
Commission. Lovelace stated the small area plan encompasses
approximately 64 acres of undeveloped land located in the southeast
quadrant of the City's commercial area. Steve Quam of Metropeligo, a
planning consulting firm that was retained to assist with the preparation of
market analysis, design guidelines and a planned development ordinance,
presented the findings of the market analysis.
A copy of the market analysis summary was provided to the Commission
for their review. Quam discussed with the Commission the major points
in a Powerpoint presentation and the firm's final conclusions of the market
analysis as it relates to retail and office space.
Dave Sumnicht, of Metropeligo, demonstrated how additional residential
units above commercial development can help to offset the cost of the
development.
Commissioner Churchill indicated this would be a good opportunity to
build housing for people with special needs and hopes that will be taken
into consideration as this project develops. She also would like staff to
keep in mind the profitability and ability to attract new businesses, in
addition to making sure the City can support new projects.
The Commission emphasized to staff the importance of having well-
established guidelines in place for the small area project because it is those
guidelines that will ensure that the Commission makes good decisions in
relation to this project.
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8. ADJOURNMENT
MOTION: Commissioner Burke moved, seconded by Bergman, to adjourn the
meeting at 9:38 p.m. The motion carried 6-0.
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