HomeMy WebLinkAbout02/17/20161. CALL TO ORDER
2. APPROVAL OF AGENDA
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
FEBRUARY 17, 2016
The City of Apple Valley Planning Commission meeting was called to order by Vice-Chair Burke
at 7:00 p.m.
Members Present: Ken Alwin, Tim Burke, Keith Diekmann, Angela Polozun, Paul Scanlan and
David Schindler
Members Absent: Tom Melander
Staff Present: City Attorney Sharon Hills, City Planner Tom Lovelace, City Engineer Brandon
Anderson and Department Assistant Joan Murphy.
Vice-Chair Burke asked if there were any changes to the agenda. Hearing none he called for a
motion.
MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, approving the
agenda. Ayes - 6 - Nays - 0.
3. APPROVAL OF MINUTES FEBRUARY 3, 2016
Vice-Chair Burke asked if there were any changes to the minutes. Hearing none he called for a
motion.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, approving
the minutes of the meeting of February 3, 2016. Ayes - 5 - Nays - 0. Abstain — 1
(Schindler)
4. CONSENT ITEMS
A. 7525 - 147th Street Retail Building Variance Amendments — Consider amendments to
recently approved variances to clarify building setbacks from the Cedar Avenue and 147th Street
W. (PC16-06-V)
LOCATION: 7525 - 147th Street West
PETITIONER: 7525 Cedar, LLC
MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending
approval amending a building setback variance of 16 feet to 17 feet from the
required building setback of 50 feet from Cedar Avenue for a 7,512-sq. ft. retail
building on Lot 4, Block 3, VALLEY COMMERCIAL PARK 1ST ADDITION.
Ayes - 6 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 17, 2016
Page 2 of 6
MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending
approval amending a building setback variance of 16 feet to 45 feet from the
required building setback of 50 feet from Cedar Avenue for the south 5 feet of the
east elevation of a 7,512-sq. ft. retail building on Lot 4, Block 3, VALLEY
COMMERCIAL PARK 1ST ADDITION. Ayes - 6 - Nays - 0.
MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending
approval amending an existing building setback variance of 10 feet to 25 feet from
the required building setback of 40 feet from 147th Street West for a 7,512-sq. ft.
retail building on Lot 4, Block 3, VALLEY COMMERCIAL PARK 1ST
ADDITION. Ayes - 6 - Nays - 0.
B. Trey Point Townhomes — aka Cobblestone Lake 7th Addition — Consider model home
building permit. (PC15-13-ZSB)
LOCATION: 15433-39 Eames Way
PETITIONER: Pulte Homes of MN
MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending
approval for authorization of model home permit on Lots 11-14, Block 1,
COBBLESTONE LAKE 7TH ADDITION. Ayes - 6 - Nays - 0.
5. PUBLIC HEARINGS
A. Amendment to Planned Development Ordinance 342/zone 1 — Public hearing to consider
amending the maximum building coverage for residential dwellings in zone 1 of Planned
Development No. 342. (PC16-02-Z)
LOCATION: Southeast corner of Johnny Cake Ridge Road and 142nd Street West
PETITIONER: City of Apple Valley
Vice-Chair Burke opened the public hearing at 7:01 p.m.
City Planner Tom Lovelace stated that staff initiated a request for a proposed amendment to the
approved maximum 20% building coverage requirement set forth in Planned Development
342/zone 1 after staff become aware of a problem of a resident living in the Scottsbriar residential
development who submitted a building permit application recently for a small addition to his
existing dwelling unit. During the review of the building permit application, staff became aware
that the existing structure exceeded the maximum 20% building coverage allowed in the planned
development zoning district. Preliminary research of properties in the development found that there
might be other properties that may be very close or may exceed the current allowable maximum
building coverage in the planned development zoning district.
The normal course of action for a property owner in a standard typical zoning district would be to
submit a variance request for consideration by the City. However, because the property is located
in a planned development, which is a zoning district whose specific uses, area requirements and
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 17, 2016
Page 3 of 6
performance standards have been negotiated between the City and developer, the variance
procedure cannot be utilized. Therefore, an amendment to the planned development ordinance
becomes the proper procedure.
Any amendment to the maximum building coverage requirement would affect 186 single-family
properties generally located south of 142nd Street West, along and west of Euclid Avenue, along
and north of 144th Street West, and east of Johnny Cake Ridge Road.
Mr. Lovelace commented additional time is needed to complete the research and analysis for this
proposed amendment request. Staff is requesting that the public hearing be continued to the March
16, 2016, Planning Commission meeting.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, continuing the
public hearing to March 16, 2016. Ayes - 6 - Nays - 0.
B. Cobblestone Retail II — Public hearing to consider approval of a final plat of an outlot,
zoning amendment to allow for a drive-up window in conjunction with a restaurant, and site
plan/building permit authorization to allow for construction of a 6,288-sq. ft. retail building on a
.98-acre lot. (PC16-04-ZFB)
LOCATION: Northwest corner 157th Street West and Cobblestone Lake Parkway
PETITIONER: Bear Cobblestone 2, LLC
Vice-Chair Burke opened the public hearing at 7:06 p.m.
City Planner Tom Lovelace stated the proposed project is consistent with the Comprehensive Plan.
No amendment is required. The proposed use is consistent with the rezoning, with the exception of
the request for a drive-up window for a proposed restaurant. Staff has concerns about allowing this,
which may open the door for allowing freestanding restaurants with drive-up windows.
A way to prevent that would be to allow drive-up windows in conjunction with a restaurant subject
to the following condition that they be located in a multi-tenant building, occupy no more than 50%
of a multi-tenant building and not exceed 3,000 sq. ft. in building area.
The proposed project will share parking and access with the lot to the north, which has two
additional driveways and 55 parking spaces. Access and parking will be sufficient to serve both
properties.
There is a shared access and parking agreement among all properties within the Cobblestone Lake
Commercial development, which allows for additional access drives and parking for the proposed
proj ect.
The planned development ordinance requires that parking lots with fifteen (15) or more parking
spaces shall provide for parking for bicycles adjacent to the front of the building at a location that
will not impede use of any sidewalk. The applicant shall identify a bike rack location.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 17, 2016
Page 4 of 6
The site plan does not identify the location of a trash enclosure to serve the site. The applicant will
need to provide information on if they will store trash in the building or outside. If it is stored
outside, it shall be stored and screened within a trash enclosure constructed of the same material as
the building.
He stated the City Engineer had reviewed the drive -up lane design and had concern about the ability
of a garbage truck or commercial vehicle maneuvering in and out especially with any vehicle
staking. Recommendation was that the drive -up lane be modified to prevent vehicle conflicts. He
reviewed the site plan, landscape plan, utility plan and building elevation plan
Commissioner Alwin commented he did not see on the rendering the menu board and how that
might affect the queuing of the cars in the lane.
Mr. Lovelace said that would be looked at through the sign ordinance as to the size and location of
the menu board.
Commissioner Scanlan asked for a history of why there were not drive -up lanes in the Cobblestone
Lake Development area.
Mr. Lovelace replied that it was because of making the Cobblestone Lake development a walkable
neighborhood type and commercial entity of part of the overall 320 -acre development and trying to
discourage the kind of conflicts with drive -up windows as it relates to walkability and pedestrian
friendly.
Commissioner Scanlan asked if Pizza Ranch requested a drive -up window.
Mr. Lovelace did not believe they did and said they were asking for a pick -up location if customers
ordered ahead of time.
Commissioner Scanlan inquired as to when Edina Realty was developed and that took away the
original plan for the park in that corner and how does that relate to what was originally conceived in
terms of size in configuration.
Mr. Lovelace answered that he would have to look back at that.
Commissioner Scanlan commented that he feels the drive -up lane disrupts that whole space where
you have a circle area that is a seating area and there would be cars driving right by with exhaust
fumes. He did not feel it was realistic that people would want to sit there with vehicles driving by.
He also had concern for where the take -out window would be with the proximity to the park area.
He questioned what kind of sound travel there would be for the two recently approved single - family
residential home locations on the west side of Cobblestone Lake. He expressed concern of
approving a drive -up window in this commercial area and if that would be opening the door for
additional requests in the future. He would like to see the development retain curbside pick -up
rather than drive -up windows which were never the design of the original concept for Cobblestone
Lake.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 17, 2016
Page 5 of 6
Commissioner Diekmann asked for clarification of PD-703, zone 6 and what areas of commercial it
entailed.
Mr. Lovelace described the surrounding zoning and said there was the opportunity to rezone some
properties.
Scott Nelson, architect with DJR, provided additional information and addressed how trash would
be removed.
Vice-Chair Burke asked what the distance was between the drive lane and the outdoor seating area.
Mr. Nelson answered about four feet.
Terry Jennings, Costa Vida Fresh Mexican Grill, described their restaurant operation.
Commissioner Diekmann asked Mr. Jennings if he could explain the operation of the drive-thru and
if there was a menu board or call ahead order.
Mr. Jennings replied that customers place orders both on-line or drive-thru order board.
Technology has changed how orders are placed. The drive-thru is also used for the orders placed
on-line.
Commissioner Scanlan expressed concern that from the architectural side the Cobblestone
Development was built around walkability for residents and he does not feel a drive-thru fits in with
the original concept of the neighborhood. He believes a compromise would be to use the same
delivery features and use the same model as with Pizza Ranch and have dedicated parking for
people that can pull up and walk in to get their items versus having the disruption with a drive-thru
and with the park area that has the component that has been a feature with this development from
the very beginning. He asked for that to be taken into consideration.
Mr. Jennings said he understands the scope of the vision and the planning that went in to develop
Cobblestone has resulted in a neighborhood that is extremely convenient for the residents of the
neighborhood and those that visit. He suggested that as a development evolves, it needs to keep
pace with the comfort, convenience and safety of those people that are frequenting the businesses.
They have found that is a primary concern for the people using the drive-thru not at the exclusion, of
the people who want to walk but making the opportunity for the people that want to use the drive-
thru. He said their decision is not being driven by the fact that this is a drive-thru opportunity but
feel it is a viable market with or without the drive-thru. The added level of convenience and what
they have found it does for their guests is part of what makes him believe that it would give them
the highest possibility and potential for success as they initially launch into the market. They are
trying to put their very best foot forward for their customers and the potential customers that might
be at Cobblestone.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 17, 2016
Page 6 of 6
Mr. Lovelace read a comment he received from Dave Labno, 15695 Duck Pond Way, that he would
like to see the unique nature of their development preserved and urge the Commission to not
approve a drive-in variance as it is opposed to the foundational ideas behind the zoning.
Vice-Chair Burke closed the public hearing at 7:45 p.m.
6. LAND USE/ACTION ITEMS
--NONE--
OTHER BUSINESS
A. Review of upcoming schedule and other updates.
City Planner Tom Lovelace stated that the next Planning Commission meeting would take place
Wednesday, March 2, 2016, at 7:00 p.m.
8. ADJOURNMENT
Hearing no further comments from the Planning Staff or Planning Commission, Vice-Chair Burke
asked for a motion to adjourn.
MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan to adjourn the
meeting at 7:47 p.m. Ayes - 6 - Nays - 0.
Respectfully Submitted,
Jo
Murphy, Planning Thepartmit Assistant
Approved by the Apple Valley Planning Commission on