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, Tom Melander, Jeannine Churchill, John Bergman, David Schlinder, and Jim Hadley
Members Absent: Tim Burke
Staff Present: City Engineer, Keith Gordon, City Attorney Sharon Hills, Community Development Director Rick Kelley, City Planner Tom Lovelace, Assistant Planner Kathy Bodmer, Assistant Planner Maggie Milton Dykes
2. APPROVAL OF AGENDA
Chair Edgeton asked if there were any changes to the agenda. Community Development Director Rick Kelley said that a verbal report on the Small Area Plan should be added as item 7B.
MOTION: Hadley moved, seconded by Churchill, to approve the agenda as amended. The motion carried 6-0.
3. APPROVAL OF MINUTES OF MARCH 20, 2001
MOTION: Hadley moved, seconded by Churchill, to approve the minutes as presented. The motion carried 6-0.
4. CONSENT ITEMS
A. Front Setback Variance for Porch Addition
MOTION: Melander moved, seconded by Hadley, to approve the consent agenda in accordance with the staff recommendations. The motion carried 6-0.
5. PUBLIC HEARINGS
A. The Legacy of Apple Valley - Comprehensive Plan Amendment (C to Mix), Rezoning (GB-1 and P to PD), Preliminary Plat (Nine Lots, One Outlot), and Site Plan Review/Building Permit Authorization for One 132 Unit Senior Apartment Building, One 299-Unit Apartment Building 100 Multiple-Family Residential Townhouse Units, and Neighborhood Commercial and Restaurant Buildings.
(Continued Until EAW Action)B. South Suburban Evangelical Free Church - Comprehensive Plan Amendment (LD to Institutional), and Rezoning (PD-315 to Institutional) to allow Church activities in an existing single-family residence.
Chair Edgeton opened the pubic hearing with the standard remarks.
Assistant Planner Margaret Dykes presented the request from South Suburban Evangelical Free Church to allow a single-family residence owned by the church to be used for church related activities. The property is adjacent to the church site. If the property is to be used for church activities, it would require a change in the Comprehensive Plan from low density to institutional and rezoning from single family to institutional.
Margaret reported that there are also some building code issues if this change were to occur such as door thresholds that would have to be improved, an elevator, handicapped access, etc.Chair Edgeton mentioned that traffic and parking were some immediate concerns she had and also the concern about the long term use of the land. She is not opposed to the church's proposed use of the building but is more concerned about making the land institutional and future implications if the church was to ever sell the building.
Todd Wallace, Chair of South Suburban Evangelical Church, spoke on behalf of the church. He reiterated what the church's intentions were as outlined in his March 26, 2002 letter to the City of Apple Valley.
Scott Balder, a nearby resident, inquired about traffic and parking issues if a street was put in. Todd responded that this is not an issue because the church is looking only to use the building as classrooms.
Chair Edgeton asked the Planning staff if a change in the zoning on an interim use basis was possible. The Planning staff reported they will look into the possibility of an interim permit and report back to the Commission.
Chair Edgeton closed the hearing with the standard remarks.
6. A. LAND USE/ACTION ITEMS
Summerhill - Preliminary Plat for Three Lot Subdivision Site Plan Review/Building Permit Authorization, and Parking Variance
Assistant Planner Kathy Bodmer presented the request for preliminary plat for Summerhill Development located on Cedar and 140th. She reported that a public hearing was previously held on February 6, 2002, regarding this request. Kathy discussed the revised plans that were submitted that addressed the issues raised at the hearing. The most significant changes were the grading of the site and lowering the overall height of the building to preserve existing trees. Kathy reported that the City Engineering Department is in agreement with these changes and that the Planning Department is recommending approval of this development.
The Petitioner Doug Stevens and Roger Howley, of Oak Shore Land Company reviewed the proposed changes. Members of the Commission stated that they were concerned about the potential weather damage to the wood railings. The Petitioner reported that they will use a maintenance free product.
Mike Gragert, and Dallas Karl, nearby residents, voiced some concerns they had about the development, such as the height of the building, water pressure, parking and odor in the soil.
Chair Edgeton listened to their concerns but reported that the public hearing took place at a previous meeting. Traffic and building height issues have been evaluated and found to be negligible. City Engineer Keith Gordon said this development will provide for interconnection of water mains, which will improve water pressure.
MOTION: Hadley moved, seconded by Churchill, to:
Recommend approval of the preliminary plat of Summerhill with the following
conditions.
a. Outlot B shall be subdivided from the existing property and joined with the
property adjacent to the east before the Summerhill final plat is filed for
recording.
b. The preliminary plat shall be corrected to show 100'right-of-way dedication
for Cedar Avenue in accordance with Dakota County's right-of-way ordinance.
c. A six foot (6') sidewalk shall be installed along the west side of Granite
Avenue and an escrow shall be provided for the future construction of an 8'
bituminous trail adjacent to Cedar Avenue in accordance with the City's Sidewalk
and Trails plan.
The motion carried 6-0.
MOTION: Hadley moved, seconded by Churchill, to:
Recommend approval of the site plan and give building permit authorization
to construct a 70-unit senior cooperative building with the following conditions:
a. A nursery bud list shall be submitted that confirms that the value of the
landscape plantings meet or exceed 2-1/2% of the value of the construction of
the building based on Means Construction Data.
b. The design of the parking stalls in the surface parking lot shall meet the
minimum design requirement of 9'wide by 18.5' long.
c. The first floor elevation of the building shall be et at 1014.0 feet or lower.
d. The developer shall work with the City's Natural Resources Coordinator to
preserve clusters of trees as appropriate on this site.
The motion carried 6-0.
MOTION: Hadley moved, seconded by Churchill, to:
Recommend approval of the variance for reduced number of parking stalls with
the following conditions:
a. Variance is conditioned upon the use of the building remaining as senior
citizen residential building.
b. The variance shall be filed with the deed at the Dakota County Recorder's
Office.
The motion carried 6-0.
7. OTHER BUSINESS
A. Update on Menu Boards
City Planner Tom Lovelace reported that a review of the sign ordinance pertaining to menu boards for drive through restaurants had been reviewed. An analysis was done to get input from restaurants and it was determined that some changes were warranted.
Staff is recommending that the sign ordinance be amended to include the following:
1. There shall be no more than one (1) menu board per restaurant site;
2. The total menu board sign area shall be increased to 50 square feet from 32 square feet;
3. All menu boards shall require a sign permit; and
4. Menu boards shall be single-sided and oriented in such a manner so that the signs provide information to the patrons using the drive-through facility only, and do not provide supplemental advertising to pass-by traffic.
5. All Menu boards shall be completely enclosed within one sign area.The Commission consensus was that all sign copy should be contained within a single frame, without any add-on or projecting panels. Lighting of the sign should also be looked at.
B. Update Status of Small Area Plan
City Planner Tom Lovelace updated the Planning Commission on the Small Area Plan. The City received a grant from the Met Council to develop an area which will become enhance the physical characteristics of Apple Valley. The area will have many uses, such as outdoor dining and specialty stores.
8. ADJOURNMENT
MOTION: Melander moved, seconded by Churchill, to adjourn the meeting. Motion carried 6-0.