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, Alan Duff, James Hadley, Tom Melander, Jeannine Churchill and Tim Burke
Members Absent: David Schindler
Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, City Attorney Sharon Hills, Assistant Planner Margaret Milton Dykes, 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: Commissioner Hadley moved, seconded by Churchill, to approve the Agenda. The motion carried 6-0.
3. APPROVAL OF MINUTES OF AUGUST 20, 2003
Edgeton asked if there were any changes to the minutes. There being none, she called for its approval.
MOTION: Commissioner Hadley moved, seconded by Churchill, to approve the minutes of August 20, 2003. The motion carried 5-0. Commissioner Burke abstained.
4. CONSENT ITEMS
None.
5. PUBLIC HEARINGS
None.
6. LAND USE/ACTION ITEMS
A. Legacy of Apple Valley 3rd Addition - Amendment to Planned Development Zoning Ordinance and Preliminary Plat for 5-Acre Subdivision
Assistant Planner Margaret Dykes presented the request from the Hartford Group for a zoning amendment to "PD-716" (Planned Development) to allow commercial uses and preliminary plat to create three (3) lots and two (2) outlots from the existing Outlot A, The Legacy of Apple Valley.
Dykes reported the applicant is requesting an amendment to the planned development ordinance to include commercial uses within the subject subzone. The uses intended for this site would include an integrated mix of retail businesses, full-service restaurants (Class I or Class III only), professional offices, limited business uses, and institutional uses. Dykes stated it is staff's opinion that the planned development ordinance should also include multiple-family residential. The applicant is requesting that the ordinance be amended to include a parking lot as a primary use. Typically, the City does not allow parking to be a primary use on a platted lot.
A draft ordinance was presented to the Commission listing out the types of uses allowed, setbacks, parking requirements, and minimum and maximum percentage of gross floor area, or for restaurants, the maximum number of seats that may be dedicated to each use. Dykes informed the Commission that the draft is a preliminary first cut and will more than likely require changes based on input from the Commission, the applicant, the City Council, and staff.
Dykes reported the applicant has submitted a revised site plan showing a 275-space parking lot constructed on Lot 1; an 11,000 sq. ft. Class I restaurant (Water's Edge) on Lot 2; and a two-story 14,000 sq. ft. general office building on Lot 3 that would be occupied by Remax Real Estate.
One approximately 50,000 sq. ft. two-story, multi-use building is proposed for Outlot A. The applicant has stated that the 2-story building will be a mix of retail, general office uses, and what the applicant is calling service retail uses. Service retail uses provide goods and services for over-the-counter sales, but do not generate the parking demand that a typical retail use would.
The applicant indicated that a 100-seat restaurant is proposed for Outlot B which would likely be casual dining, primarily drawing a lunchtime crowd.
Dykes has informed the applicant that trash pickup and deliveries of goods must be addressed in more detail. The applicant has indicated the trash delivery/pickup area for the Water's Edge restaurant, but is not clear where deliveries/pickup of trash will be made for the other buildings on the site.
The plan shows internal pathways and pedestrian connections to trails and sidewalks along Galaxie Avenue, Founders Lane, and 153rd Street W. It appears there is adequate access but further analysis will be necessary when the site plans are reviewed for the proposed buildings. Dykes is recommending that the sidewalk proposed along the south side of the Remax building be moved so that it aligns with the sidewalk located in the boulevard of Founders Lane. Staff and the Planning Commission recommended there be pedestrian access through the large two-story building proposed for Outlot A and that it be connected to the internal pathways with the bituminous path on the corner of Galaxie Avenue and 153rd.
Dykes reported the revised site plan shows a 275-space parking lot and 72 underground parking spaces located under the multi-story building on Outlot A. There are also 26 on-street parking spaces that could be used by customers/clients of tenants on the site, making the total number of parking spaces, both surface and street, 373 spaces.
The applicant has proposed a shared parking model that shows there will be a parking deficit of 18 spaces during weekday lunchtime from 11:30 a.m. to 1:30 p.m. The applicant indicates that the site will have sufficient parking at all other times.
Glen Van Wormer, the City's Traffic Consultant, reviewed the proposed shared parking model and site plan, and stated that he is still uncomfortable with the proposed parking model because of the variance in assumptions made by the applicant. Van Wormer addressed the Commission and discussed in detail several scenarios and models they use in order to arrive at the number of parking spaces needed for a particular site. In addition, at the August 13, 2003, public hearing, the Planning Commission requested staff develop scenarios if the City did not receive funding for the parking deck that was requested in a grant to the Metropolitan Council. Dykes developed five different scenarios related to parking if the grant is not received from the Metropolitan Council and included them in her packet to the Commission.
Commissioner Churchill is concerned that too many assumptions are made about the types of business that could locate on this particular site in order to meet the parking requirements. From an economical viewpoint, she is concerned if these types of businesses could afford to locate in this proposed site. The Commission asked staff if Tax Increment Funding might be available to help fund parking. Community Development Director Rick Kelly stated that it is a possibility if the City choose to do so. Chair Edgeton requested staff also check into the viability of having a paid parking ramp in this area.
Chair Edgeton stated that she liked the idea of having a multi-tenant building with first floor retail, second and third floor parking, and fourth floor residential. She felt that this concept could support some of the parking issues. Commissioner Melander stated that he would not be in support of multi-family going into the proposed building on Outlot A. Commissioner Hadley stated that if parking is tight and costly on this particular site, staff should be thinking about the impact it will have on other development in the Central Village Area.
Bill Griffith, representing the applicant, stated that he has seen this type of shared parking model work in other areas. He indicated that all of the scenarios are not known and staff and the applicant will have to continue to work on and refine these issues as they go along. Griffith also stated that in most areas where this type of shared parking model has worked, some type of funding was required by the City to support parking.
Dykes stated that staff is recommending approval of the zoning amendment and preliminary plat as it applies to Zone 3.
MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval of the attached draft amendment to "PD-716, Zone 3" to allow for commercial uses and parking lots as primary uses with the following conditions:
a. Lot 1 shall only be used for a common parking facility with at least 275 parking spaces. There shall be no other uses constructed on the proposed Lot 1.
The motion carried with a vote of 6-0.
MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval of the preliminary plat of The Legacy of Apple Valley 3rd Addition, subject to the following conditions:
a. Cross-access and cross-parking, and joint-ownership agreements between Lots 1-3, and Outlots A and B, Block 1, shall be executed and recorded with the final plat. The subject agreements shall be submitted to the City for verification prior to release of any building permits. Such agreements shall not be amended or terminated without prior written approval by the City.
b. Drainage and utility easements shall be placed over all appropriate utility connections.
c. There shall be no construction of any buildings on either Outlot A or Outlot B prior to replatting of the properties.
d. The submitted shared parking model is experimental and applicable to Zone 3 only.
The motion carried with a vote of 6-0.
The Commission directed the applicant continue to work with staff and the City Attorney's office to continue development of this proposed site.
7. OTHER BUSINESS
None.
8. ADJOURNMENT
MOTION: Commissioner Melander moved, seconded by Burke, to adjourn the meeting
at 8:19 p.m. The motion passed with a 6-0 vote.