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Home My WebLink About05/04/2016CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 4, 2016 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:01 p.m. Members Present: Tom Melander, Tim Burke, Keith Diekmann, Angela Polozun, and Paul Scanlan. Members Absent: Ken Alwin and David Schindler Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, Planner Kathy Bodmer, 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 Diekmann moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 5 - Nays - 0. 3. APPROVAL OF MINUTES APRIL 20, 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 Diekmann, approving the minutes of the meeting of April 20, 2016. Ayes - 4 - Nays - 0. Abstain — 1 (Melander) 4. CONSENT ITEMS - -NONE-- 5. PUBLIC HEARINGS - -NONE-- 6. LAND USE/ACTION ITEMS A. Wilking Driveway Width Variance — Consider a request for variance to increase the allowable width of a residential driveway from 40% of the lot width to 50.8% of the lot width. (PC16-19-V) CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 4,2016 Page 2 of 5 LOCATION: 5264 145th Street West PETITIONER: Joseph Wilking Planner Kathy Bodmer stated Joseph Wilking, 5264 - 145th Street West requests consideration of a variance to the maximum driveway width requirement in order to expand his existing driveway to serve a 3 -stall garage. The zoning code § 155.378(L)(1) limits the width of driveways to 40% of the width of the lot up to a maximum width of 36', which ever dimension is smaller. Only a 26' wide driveway (40% of lot width) would be allowed on the subject lot. Mr. Wilking requests a variance to construct a 33' wide driveway (50.8% of lot width) in order to serve a 3 -stall garage. Joseph Wilking, 5264 — 145th Street W., provided additional information. Discussion followed. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke, recommending approval of a variance to construct a driveway that increases the maximum driveway width from 26' (40% of the lot width) to 33' (50.8% of the lot width), subject to compliance with all City Codes, based upon the following practical difficulties and with the following conditions: Practical Difficulties: 1. The petitioner has sufficient space available on his lot to construct a third garage stall. 2. A permit has been received to construct a third garage stall on this property. 3. The maximum driveway width allowed at 40% of the 65' wide lot is 26'; a 26' wide driveway is too narrow to adequately serve a three -stall garage. 4. The petitioner requests a 33' wide driveway which is still less than the maximum 36' wide driveway. Conditions of Approval: 1. The driveway may not be expanded until the third garage stall is under construction. 2. The petitioner must obtain the necessary final inspection and final approval for a building addition constructed in 2002 but never final approved by the City. 3. The property owner must identify the location of the west lot line and confirm the location of the driveway in relation to the property line. Ayes -5 -Nays -0. B. TCF Bank — Consideration of comprehensive plan amendment, rezoning, subdivision by preliminary plat, variances and site plan review/building permit authorization for proposed 2,400 -sq. ft. bank with drive -up lane(s) on a portion of an eight -acre parcel. LOCATION: 14201 Cedar Avenue PETITIONER: TCF Bank and Mount Olivet Assembly of God Church CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 4, 2016 Page 3 of 5 Planner Kathy Bodmer stated TCF Bank requests consideration of following actions on the Mt. Olivet site, 14201 Avenue, to subdivide a small parcel for construction of a bank facility: • Comprehensive Plan Amendment from "INS" (Institutional) to "C" (Commercial) • Rezoning from "P" (Institutional) to "LB" (Limited Business) • Subdivision by Preliminary Plat to Create a 16,570 sq. ft. lot • Variances • Reducing the TCF building setback from Cedar Avenue from 50to 10' • Reducing the parking setback to the south property line from 5' to zero, and • Reducing the number of required parking spaces from 16 to 3 • Site Plan/Building Permit authorization to construct a 2,400 sq. ft. TCF Bank with drive- thru facilities. She reviewed the site plan, grading plan, elevation drawings, landscape plans and reported on the public hearing concerns. Discussion followed. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval of a comprehensive plan amendment from "INS" (Institutional) to "C" (Commercial) on the property to be preliminary platted as Lot 2, MOUNT OLIVET SECOND ADDITION. Ayes - 5 - Nays - 0. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval of a rezoning from "P" (Institutional) to "LB" (Limited Business) on the property to be preliminary platted as Lot 2, MOUNT OLIVET SECOND ADDITION subject to approval of the comprehensive plan amendment. Ayes - 5 - Nays - 0. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval of the subdivision by preliminary plat of MOUNT OLIVET SECOND ADDITION subject to compliance with all City Code requirements and the following conditions: a. Approval of the preliminary plat is subject to approval of the comprehensive plan amendment and rezoning. b. A cross -access and cross -parking easement shall be executed between the bank and the church and filed with the two property deeds at the time of filing of the final plat. c. The park dedication requirement shall be satisfied by a cash -in -lieu of land dedication. d. The City Engineer shall review final construction plans to determine whether a public or private project will be needed for the installation of municipal utilities to Lot 2. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 4, 2016 Page 4 of 5 MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval of the following variances on the property preliminary platted as Lot 2, MOUNT OLIVET SECOND ADDITION, subject to approval of the comprehensive plan amendment, rezoning, preliminary plat and compliance with all City Codes: a. Reducing the TCF building setback from Cedar Avenue from 50' to 10'. b. Reducing the parking setback to the south property line from 5' to zero. c. Reducing the number of required parking spaces from 16 to 3 spaces subject to execution of a cross -parking agreement. Ayes -5 -Nays -0. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval of the site plan/building permit authorization to construct a 2,400 sq. ft. TCF Bank with drive-thru facilities on the property preliminary platted as Lot 2, MOUNT OLIVET SECOND ADDITION, subject to compliance with all City Codes and the following conditions: a. Site plan/building permit authorization is subject to approval of the comprehensive plan amendment, rezoning, preliminary plat and variances. b. A nursery bid list shall be submitted at the time of application of the building permit that confirms that the value of the landscape plantings meets or exceeds 2-1/2% of the value of the construction of the building. c. The boulevard trees along Cedar Avenue shall be protected with tree protection fencing during construction. d. The property owner shall provide evidence that Dakota County authorized the construction of the patio feature within the County right-of-way. e. No sign approval is given at this time; a separate sign permit must be obtained prior to the installation of any signage on the site. f. Plans are subject to final review and approval by the City Engineer. Ayes - 5 - Nays - 0. 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, May 18, 2016, at 7:00 p.m. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke to adjourn the meeting at 7:39 p.m. Ayes - 5 - Nays - 0. Respectfully Submitted, CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 4,2016 Page 5 of 5 1 Jo Murphy, Planning D partme Assistant Approvedy the pple Valley Planning Commission y on 5 f'' / 6, . tomMthrnd