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Home My WebLink About03/16/2016 Meeting Location: Municipal Center City of 7100 147th Street West Apple Valley, Minnesota 55124 MARCH 16, 2016 PLANNING COMMISSION TENTATIVE AGENDA 7:00 P.M. This agenda is subject to change by deletion or addition to items until approved by the Planning Commission on the date of the meeting. 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES OF MARCH 2, 2016 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Amendment to Planned Development Ordinance 342/Zone 1 Continue public hearing to consider amendments to Planned Development No. 342 to address building coverage and (PC16-02-Z) impervious surface area. LOCATION: Southeast corner of Johnny Cake Ridge Road and 142nd Street West PETITIONER: City of Apple Valley 6. LAND USE/ACTION ITEMS A. Uzlik Porch Variance Consider variance PC16-10-V) ( LOCATION: 12163 Gantry Lane PETITIONER: Brad Uzlik 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, April 6, 2016 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, March 9, 2016 -Site plan, variance applications due by 9:00 a.m. on Monday, March 28, 2016 Wednesday, April 20, 2016 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, March 23, 2016 -Site plan, variance applications due by 9:00 a.m. on Monday, April 11, 2016 NEXT CITY COUNCIL MEETINGS Thursday, March 24, 2016 Regular Scheduled Meeting 7:00 P.M. Thursday, April 14, 2016 Informal 5:30 P.M. Regular Scheduled Meeting 7:00 P.M. Regular meetings are broadcast live on Charter Communications Cable, Channel 180. Agendas are also available on the City's Internet Web Site http://www.cityofapplevalley.org. 1. CALL TO ORDER CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MARCH 2, 2016 The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Tom Melander, Ken Alwin, Tim Burke, Angela Polozun, Paul Scanlan and David Schindler. Members Absent: Keith Diekmann Staff Present: City Attorney Sharon Hills, City Planner Tom Lovelace, City Engineer Brandon Anderson and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 5 - Nays - 0. 3. APPROVAL OF MINUTES FEBRUARY 17, 2016 Chair Melander asked if there were any changes to the minutes. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of February 17, 2016. Ayes - 4 - Nays - 0. Abstain — (Melander) Commissioner Schindler arrived at 7:01 p.m. 4. ANNUAL BUSINESS MEETING Chair Melander opened the annual business meeting and asked for nominations. The Commission nominated and elected officer positions amongst themselves for Chair, Vice-Chair and Secretary. The officers, given only one nomination for each office, were accepted by unanimous consent under Robert's Rules of Order: MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan to nominate Thomas Melander to continue to serve as the Chair of the Planning Commission for one year. Ayes - 6 - Nays — 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 2, 2016 Page 2 of 5 MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan to nominate Tim Burke to continue to serve as the Vice -Chair of the Planning Commission for one year. Ayes -6- Nays —O. MOTION: Commissioner Burke moved, seconded by Commissioner Alwin to nominate David Schindler to serve as Secretary of the Planning Commission for another year. Ayes - 6 - Nays — O. 5. CONSENT ITEMS -- NONE -- 6. PUBLIC HEARINGS -- NONE -- 7. LAND USE /ACTION ITEMS A. Cobblestone Retail II — Consideration of 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 comer 157th Street West and Cobblestone Lake Parkway PETITIONER: Bear Cobblestone 2, LLC City Planner Tom Lovelace stated 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. Staff is proposing that the amendment include certain restrictions and requirements to ensure that it will not be detrimental to the character of the development. 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 be required to install a bike rack in front of building. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 2, 2016 Page 3 of 5 The site plan does not identify the location of a trash enclosure to serve the site. The applicant has stated that they will store trash in the building. The applicant has modified the drive -up lane to the satisfaction of the City Engineer. The original landscape plan identified a wide and diverse variety of plantings. Staff reviewed the original plan, recommended that a better mix of deciduous trees be planted and that additional landscaping be added along the south, and east side of the property to help screen the drive -up lane from the adjacent public roadways and gathering areas. The applicant has submitted a revised plan that addresses staffs concerns. Mr. Lovelace reviewed the storm water runoff plan. He said the building elevation plan identifies an area for signage as well as a 5 -ft. x 5 -ft. menu board that will be attached to the south wall of the building. No formal; sign application has been submitted with this request. All signage shall conform to City's sign ordinance and special performance standards set forth in Planned Development Ordinance No. 703. Discussion followed. Scott Nelson, DJR Architecture Inc., and Ben Krsnak, Hempel Properties and Bear Cobblestone 2, provided additional information. MOTION: Commissioner Alwin moved, seconded by Commissioner Schindler recommending approval of a planned development ordinance amendment to allow Class II restaurants with drive -up window in a multi- tenant retail building, subject to the following restrictions: a. The restaurant shall occupy no more than 50% of multi- tenant building and shall not exceed 3,000 square feet in building area. b. Only one restaurant of this type shall be allowed in zone 6. c. Landscaping, screen wall, or a combination thereof shall be installed between the drive -up window lane and any private and public street, and open gathering spaces. d. Hours of operation shall be conformed to the hours of 10:00 a.m. to 11:00 p.m. daily including the drive -thru hours. e. Only one drive -up lane and menu board shall be allowed. Commissioner Burke amended the motion to include: f. The sidewalk shall be continued at the same level across the driveway. Ayes - 5 - Nays — 1 (Scanlan) MOTION: Commissioner Alwin moved, seconded by Commissioner Burke recommending approval of site plan/building permit authorization approval to allow for construction of a 6,288 sq. ft. multi- tenant retail building and 48 surface parking spaces on Lot 1, CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 2, 2016 Page 4 of 5 Block 1 COBBLESTONE LAKE COMMERCIAL 6 ADDITION; subject to the following conditions: a. Approval and issuance of a building permit shall be subject to the recording of the COBBLESTONE LAKE COMMERCIAL 6th ADDITION final plat. b. Construction shall occur in conformance with the site plan dated February 23, 2016. c. Construction shall occur in conformance with the landscape plan dated February 23, 2016; subject to submission of a detailed landscape planting price list for verification of the City's 2 Y2 % landscaping requirement at the time of building permit application and additional landscaping along the west and east side of the drive -up lane. d. Construction shall occur in conformance with the elevation plan dated February 25, 2016. e. Site grading shall occur in conformance with a final grading plan to be submitted for review and approval by the City Engineer. f. Utility construction shall occur in conformance with a final utility plan to be submitted for review and approval by the City Engineer. g. Construction shall be in conformance with the lighting plan dated January 20, 2016, subject to requirement that any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields, which confines the light to the property. h. A separate application and signage plan in conformance with the sign regulations must be submitted for review and approval to the City prior to the erection of any signs. i. A bike rack shall be installed in front of the building at a location that will not obstruct the use of any sidewalk. j . All applicable ordinances shall be strictly adhered to. Ayes - 5 - Nays — 1 (Scanlan) Commission Scanlan commented he is not opposing the concept of the restaurant. He said the architecture of the building and the landscaping are great. He stated he still has pedestrian safety concerns that he feels were not addressed. He added that the driveway cutting through destroys the character of what is to be achieved here within Cobblestone Lake. He believes it is a great opportunity for the restaurant to embrace and utilize the plaza area but without the driveway. 8. 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 16, 2016, at 7:00 p.m. 9. ADJOURNMENT CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 2, 2016 Page 5 of 5 Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan to adjourn the meeting at 7:42 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, Jo a Murphy, Planning 11 partm Assistant Approved by the Apple Valley Planning Commission on PROJECT NAME: Zoning Ordinance Amendment to Maximum Building Coverage in Planned Development No. 342/Zone 1 PROJECT DESCRIPTION Consider amendment to PD -342, Zone 1 zoning district to address the maximum building coverage requirement STAFF CONTACT: Kathy Bodmer, Planner DEPARTMENT /DIVISION: Community Development Department APPLICANT: City of Apple Valley PROJECT NUMBER: PC16 -02 -Z O* 4§. City of Apple Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 5 A March 16, 2016 Public Hearing Proposed Action Open public hearing, receive comments, close the public hearing. It is the policy of the Planning Commission to not take action on an item on the night of its public hearing. Project Summary /Issues On February 17, 2016, the public hearing for the PD -342 amendment was opened and continued to allow for additional research. The Scottsbriar neighborhood is located within Planned Development No. 342, Zone 1, which allows reduced minimum lot sizes and at the same time restricts the maximum building coverage to 20 %. The Scottsbriar neighborhood is located between Johnny Cake Ridge Road and Pilot Knob Road, south of 142" Street W. The single family residential neighborhood was constructed in the mid to late 1980s. Over time, owners have constructed additions onto their homes that have resulted in lots with over 20% building coverage. A home owner submitted a building permit for a small addition onto the rear of his home and it was found that his home was well over the 20% building coverage requirement. Typically, a homeowner would seek relief by requesting a variance. However, variances are not available for PD zoned properties; instead, the PD zoning district must be amended. When staff reviewed the Scottsbriar neighborhood, it was discovered that several lots have exceeded the 20% building coverage requirement. Today the City regulates building coverage in the "R" residential zoning districts by restricting the maximum impervious surface area coverage to 35 %. Restricting impervious surface area is important to reduce stormwater runoff and improve water quality. As PD -342 stands today, there is no limit to the amount of impervious coverage that could be constructed on the lots within the Scottsbriar neighborhood. As a result, staff believes a more effective and meaningful tool would be to restrict overall impervious surface area rather than just building area. One of the challenges for the homeowner who contacted the City is that, not only is his building coverage estimated to be over 27 %, his impervious surface area is actually 40 %. The proposed home addition would replace existing patio, so there would be no increase to impervious surface area. Staff proposes to amend the PD -342 zoning district by deleting the building coverage requirement and replacing it with a maximum impervious surface coverage of 35 %. Instead of increasing the allowable impervious surface area coverage up to 40% for all lots in the neighborhood, staff proposes adding an exception that would allow an increase in impervious coverage by 5% (up to 40 %), with the condition that the City reviews and approves a suitable method for infiltrating the additional stormwater. Natural Resources, Engineering and Legal staff are working to devise language that would address this issue. A draft amendment is attached for discussion purposes. Each year staff receives a growing number of requests to allow increases in the maximum impervious surface area of residential lots in Apple Valley. Wide driveways, sport courts and swimming pools contribute to the problem. As the City continues to mature, a strategy to restrict impervious coverage while providing for some flexibility to allow additional impervious coverage will be needed. Specific methods and practices will need to be identified that residents can employ to help offset the impact from the increased impervious surface area such as rain gardens, drainage swales, permeable pavers, etc. If this ordinance amendment addressing additional impervious coverage works in PD -342, it may be a tool the City could use in the other "R" zoning districts. Budget Impact N/A Attachment(s) 1. Draft Ordinance Amendment 2. Location Map 3. Zoning Map 4. Scottsbriar Neighborhood Coverage Analysis 5. Example of Building and Impervious Coverage PD -342 PROPOSED AMENDMENT DRAFT FOR DISCUSSION § A14 -5 MINIMUM AREA REQUIREMENTS. (A) The following minimum area standards and requirements shall be met. No improvements shall be placed on such lands unless the lands to be so used or improved shall meet the following area and dimensional requirements: (1) Table of minimum area requirements and standards. The dimensions are measured in feet unless otherwise specified. Requirements Minimum Lot Dimensions Lot area (square feet): Interior Corner Lot width Interior Corner Dwelling Unit Density4 One -story building Two- or three -story building Minimum Building Setback Along neighborhood collector streets Along other streets Side lot line Dwelling Garage Rear lot line From multiple - dwelling Abutting one - family detached lot Minimum Detached Garage and Accessory Building Setback Along neighborhood collector streets Along other streets Side lot line Zone 1 I Zone 2 8,500 10,500 68 85 25 7,2601(6)2 3,630(12) 30 40 303 30 30 25 30 ** 10 Zone 3 10,000 80 40 30 20 20 ** 35 * * 30 Rear lot line From multiple dwelling Abutting one - family detached lot Minimum Parking Setback Along all streets Side or rear lot line From multiple dwelling Abutting one - family detached lot Maximum Building Coverage Coverage of lot (percentage) Maximum Impervious Surface Area Coverage of lot (percentage) Maximum Building Height Maximum height * - See § A14- 5(A)(2). ** - See § 155.332. ** 35 10 15 20 15 5 10 15 20 40 20 10 20 40 NOTES TO TABLE 1 - Square feet of land per unit. 2 - Units per acre. 3 - Corner lot sideyard setbacks abutting a street shall be 20 feef. 4 - Buried garages, 400 - square foot bonus. Ponding or unbuildable areas shall not exceed 20% of required lot area. 5 — The maximum impervious surface area coverage may be increased by up to 5 percentage points above the permitted maximum, but only after the City has reviewed and approved a stormwater management system that treats and contains the equivalent additional stormwater volume on the property. Johnny Cake Ridge Park East ,,,,,■,' 0771A . y AA 4Ami EN r Arr goy prge,,,reng ofr yr/. A. v i Apr AP" VP* I AI ' V I/ A 'AM P /' AM .4.i' ■ r 4 I 92 VA , A 1/A r A ' 4,,,,A ■ - ,„ i , co, ri !I 02. , Erse A'rAlwrI2Vred* .41,■ /4° ma m „ aim A 7 , r A AdrAr' Ea rem avviAreArA , A rAej m e , 4 rearAA r-Are:r7fAAL14.• r,rhArj/ frAarrirmr..-tr-,4 -1:F1A-As r Ad r illol A r Ai A A• / A.041 A 211,74 , 4 SCOTTSBRIAR PD-342 ZONING AMENDMENT SCOTTSBRIAR PD-342 ZONING AMENDMENT . (f) . 0 >. cz c Q a) o) E a) o 0 7:3 0 0 ...c L Q _a _c o) - a) Z ca iL _a u) 5 • 1 0 ( i i) MI aJaN 3 >IboJkNNHOr 00 PROJECT NAME: Uzlik Front Porch Variance PROJECT DESCRIPTION Consider a variance to reduce the front yard setback from 30' to 24' (6' variance) to construct a 6' x 20' porch addition at 12163 Gantry Lane. STAFF CONTACT: Kathy Bodmer, Planner DEPARTMENT /DIVISION: Community Development Department APPLICANT: Brad Uzlik PROJECT NUMBER: PC 16 -10 -V APPLICATION DATE: 60 DAYS: 120 DAYS: March 7, 2016 May 5, 2016 July 4, 2016 City of Apple VaIIey ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 6 A March 16, 2016 Land Use /Action Items Proposed Action Staff review finds that the requested variance will enhance the appearance of the front of the home, provide useable seating area and is consistent with the goals of the comprehensive plan. As a result, staff is recommending approval of the variance with the following motion: • Recommend approval of a variance to reduce the front yard setback from 30' to 24' (6' variance) to construct a 6' x 20' porch addition at 12163 Gantry Lane, subject to compliance with plans submitted March 7, 2016, and compliance with all City Codes, based upon the following findings: o The proposed covered entryway updates and enhances the front elevation, providing increased curb appeal. o The porch addition will create a useable porch area which will promote front yard activity and social interaction. o The proposed covered porch addition is consistent with the goals and policies of the comprehensive plan for reinvesting in and improving the City's existing housing stock and neighborhoods. o The size of the porch addition and covered front entry are consistent with other approved front porch and entryway variances. o The proposed porch addition will not negatively impact adjacent properties. Project Summary /Issues Brad Uzlik, 12163 Gantry Lane, wishes to remodel the front of his home to relocate the front entry from a side- loaded entry to a front - loaded entry. At the same time, he would like to add 6' to an existing 4' covered porch to create a fully functioning covered front porch. The addition would be 6' x 20' and would require a 6' variance from the 30' front setback requirement. Currently, Mr. Uzlik's porch functions more as a stoop and entrance walk to the side loaded front entry than a porch. Relocating the front door and placing it under a gable roof will allow the home owner to create a more prominent front entry that will update and enhance the appearance of the home. At the same time, extending the porch 6' will allow the home owner to place chairs and other items to make the porch a functional sitting area. The City has encouraged the construction of entryways and porches on the front of homes as a way to help improve and update the appearance of the City's housing stock. The proposed addition will provide a distinctive front entry that will increase the home's curb appeal. The comprehensive plan further states that "The City will actively encourage innovative design and architectural techniques and other strategies ... that promote social interaction and neighborhood pride." The proposed variance request is consistent with these goals and similar covered entryway and porch additions that have been approved by the City. Budget Impact N/A Attachment(s) Attachments: 1. Applicant Letter (Development Proposal) 2. Legal Description 3. Location Map 4. Zoning Map 5. Site Plan 6. Existing Floor Plan 7. Proposed Floor Plan 8. Proposed Front Elevation 9. Photos Property Location: 1 12163 Gantry Lane Legal Description: Lot 4, Block 4 BRIAR OAKS OF APPLE VALLEY 1S ADDITION Comprehensive Plan Designation LD-Low density residential, 2-6 units/acre Zoning Classification R-3 (Single family residential, 11,000 sf min. lot) Existing Platting Platted lot Current Land Use Single family detached home Size: 11,764 sf (0.27 acres) Topography: Elevations decrease slightly from the front of the home to the street. Topography will not be an issue for this proposed addition. Existing Vegetation No trees will be removed as a result of this project. Other Significant Natural Features N/A Adjacent Properties/Land Uses NORTH 12162 & 12166 Gantry Lane Comprehensive Plan LD-Low Density Residential (2-6 units/acre) Zoning/Land Use R-3 Single Family 11,000 s.f. min. lot SOUTH Briar Oaks Park Comprehensive Plan P-Parks and Open Space Zoning/Land Use P-Institutional EAST 12167 Gantry Lane Comprehensive Plan LD-Low Density Residential (2-6 units/acre) Zoning/Land Use R-3 Single Family 11,000 s.f. min. lot WEST 12159 Gantry Lane Comprehensive Plan LD-Low Density Residential (2-6 units/acre) Zoning/Land Use R-3 Single Family 11,000 s.f. min. lot Existing Conditions UZLIK FRONT PORCH VARIANCE PROJECT REVIEW Definition of "Practical difficulties": • The applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code; • The plight of the applicant is due to circumstances unique to the property not created by the applicant; and • The variance, if granted, will not alter the essential character of the locality. • Economic considerations alone do not constitute practical difficulties. In order to grant a variance, the City considers the following factors to determine whether the applicant established that there are practical difficulties in complying with the provision(s) of this Chapter: 1. Special conditions apply to the structure or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located; 2. The granting of the proposed variance will not be contrary to the intent of this chapter; 3. The special conditions or circumstances do not result from the actions of the owner/applicant; 4. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and 5. The variance requested is the minimum variance necessary to alleviate the practical difficulty. Development Proposal Existing front door entrance does not face the street and cannot be seen when looking straight at the house from the street. Existing front porch is only four feet deep which does not allow room for any outdoor seating along with it being used for entrance to the house. The project proposal is to move the front door so it faces out the front of the house. In order to have the new entrance be covered by a roof that would extend six feet from the front of the house a variance to the set back is requested. This new extension would continue to the east or left side of the house so that the existing porch would then be 10 feet deep, alowing ample space for outdoor seating at the front of the house. There would be no changes or additions to existing foundation or outside walls other thatn moving the front door to a different location within existing walls. This porch extension would improve the design of the front of the house along with adding function to the existing front porch. No trees would be removed to accommodate this project. File Number: 2013-121972 The land referred to herein is situated in the state of Minnesota, Dakota County described as follows: Lot 4 Block 4 BRIAR OAKS OF APPLE VALLEY 1ST ADDITION APN: 01-15200-04-040 Pl Exhibit A d '91E7 „ . 4 1 a . 441.',.... FM- , 40°L'h7 g" .2 '''' will *4-1„1"14-in; d'''' *61,4voltile .4- sv 1,14 NstNi- kit vi pp,ii 2,;,,o.olci,fr -weatiurels.- 4:41.1t6wirhem-' ,... "6, - _ Ad lirld itil 11111.5410, 1 glial h pi PP 6 1.1.0 . mE 1 .4.111111EIVAROM wroth it ,euerginit swill fik i di Err ti4. 44-1.1, t r_SI: ir d - E r- 1 11 41 11 91r r lt,I- W.--de ,..2-alitimbarig. is.A.adid, N - .• • • • t 4.1 f s s _ _ roirrotesit • 1 1,1•11.11•110111111,11-, rt .-7,745,7517.11ir • .. {�i1:Rr *i ��•�y�2d�Y..^15�. of :; • -�.:• �ik`� *f:.. is