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CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
JULY 12, 2000
1. CALL TO ORDER
The City of Apple Valley Plazming Commission meeting was called to order by Chair Kazen Edgeton
at 7:OOPM.
Members Present: Karen Edgeton, John Bergman, Tim Burke (amved at 7:20 p.m.), Tom Melander,
Jeannine Churchill
Members Absent: Frank Blundetto, Jim Hadley
Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, Assistant
Planner Kathy Bodmer, Assistant Planner Mazgazet Milton, Consulting Engineer Pat Wrase, City Attorney
Mike Dougherty
2. APPROVAL OF AGENDA
MOTION: Melander moved, seconded by Churchill, to approve the agenda. The motion carried 4-0.
3. APPROVAL OF JUNE 21, 2000 MINUTES
MOTION: Churchill moved, seconded by Bergman, to approve the minutes as presented. The
motion carried 4-0.
4. CONSENT ITEMS -None -
5. PUBLIC HEARINGS
A. Conditional Use Permit for Staging Trailer at GoodwilllEaster Seals, 7320 153'" Street
Chair Edgeton opened the public hearing at 7:03 p.m. with standazd remarks.
Assistant Planner Kathy Bodmer introduced the item.
Bergman asked if the petitioner had considered modifications to the building to allow for an additional
trailer, foregoing the need for a Conditional Use Permit (CUP).
Churchill questioned whether there was any mechanism for a time limit if a CUP was approved.
Bodmer stated it could be limited to certain times of the yeaz, but could not be limited in terms of years.
Bergman queried how easy that would be to enforce and said he had an issue with a freestanding trailer.
Edgeton said that newer buildings are required to build screening walls, etc. and that approval of one
CUP could open up the City for a lot of trailers in the retail azea. She stated if it could be done for a limited
period of time, like one year, it maybe all right.
Kim Ziesemer of Goodwill/Easter Seals, the petitioner, stated they are requesting a CUP as a
temporary solution. On a peak weekend Goodwill receives up to 100 gaylord boxes of donations in a day.
They are looking at options, including expanding the dock area and adding stores at sites south of the river.
As always, they need to minimize their expenses, and they do not want to turn away donations that provide
the revenue to carry out their mission.
Commissioner Burke amved at 7:20 p.m.
Planning Commission Minutes
July 12, 2000
Page 2
Bergman asked if the trailer would be loaded with donations where it sits. Ziesemer replied in the
affirmative, that loading could be done with a forklift. They would like to keep it as close to the donation
receiving azea as possible to move items as quickly and efficiently as possible.
There being no public comments, Edgeton closed the public hearing at 7:25 p.m. Staff will explore
options, including an Interim Use Permit, with the petitioner.
A. Conditional Use Permit for Revised Outdoor Display/Sales Area; Setback Variance for
Building Addition for Valley Oldsmobile Pontiac GMC at 7500 145`" Street
Assistant Planner Margaret Milton introduced the prof ect. She explained that building permit
authorization is not needed because the addition is less than 50% of the existing structure. The petitioner
has agreed to submit a landscape plan to enable staff review of the 2 'i/s% landscaping requirement.
Edgeton reported on the favorable recommendation of the Economic Crrowth Partnership Committee.
Bergman asked if Dakota County has agreed to the decreased setback along Cedar Avenue. Milton
stated that County review is not required.
Bernie Wagnild of Valley Oldsmobile introduced himself and Quinn Hutson, the architect for the
project. Hutson said there were three goals in planning this addition: (1) to improve the pazking lot, close
the entrance close to Cedaz, and improve the flow through the site; (2) to consolidate the sales areas,
including an indoor used car showroom; and (3) to improve the image of the store and update building
materials.
Edgeton asked Hutson to address the importance of the 200 s.f. entryway requiring the setback
variance. Hutson responded that the distance is too shallow for a showroom to house cazs. A drawing
illustrating businesses in the azea with reduced setbacks to Cedar Avenue was shown. Hutson closed by
describing the building materials to be used.
Michelle Huck of 7381 146°` Way West stated no opposition to the building upgrade, but did express
concern with hearing the Valley Oldsmobile public address speaker system in her neighborhood. Wagnild
said he would be happy to work with the neighborhood to find a solution.
MOTION: Bergman moved, seconded by Burke, to recommend approval of a reduced building
setback along Cedar Avenue from 50 feet to 40 feet to accommodate the building expansion which
provides a more pleasing street presence, and is consistent with other businesses in the azea. Motion
carried 5-0.
MOTION: Bergman moved, seconded by Burke, to recommend approval of a conditional use permit
to expand the existing lot for outdoor storage and sales of automobiles. Motion carried 5-0.
6. LAND USE/ACTION ITEMS
A. Sideyard Setback Variance for New Deck at 15829 Harwell Avenue by Robert Skelly
Assistant Planner Maggaret Milton imroduced the item. In response to Commissioners Melander and
Bergman, Milton pointed out that the stoop is about 3 feet wide and conformed that the encroachment of the
stairs/stoop into the easement ranges from 6 inches to 18 inches.
Planning Commission Minutes
July 12, 2000
Page 3
The petitioner Bob Skelly submitted a letter from his neighbor for the record. The neighbor has no
objections to the project. Skelly stated there are no footings under the landing. He went onto describe the
finish plans of expanding the landscaping and putting a concrete pad at the bottom of the steps.
MOTION: Melander moved, seconded by Burke, to recommend approval of a reduced side yazd
setback of 3 %: feet to insure the safe use of the landing by allowing an adequate width, and to be consistent
with the Comprehensive Plan which encourages improvements to homes built before 1980. Motion carried
S-0.
B. Rezoning From "RB" to "GB", Site PlanBuilding Permit Authorization, and Site Coverage
Variance for 81,928 s.f. Self-Storage Facility by Superior Storage at Garrett Avenue and 155`" Street
City Planner Tom Lovelace introduced the item.
Discussion occurred about the proposed color of the concrete walls. Lovelace circulated photos
showing examples of other colors within Apple Valley, as well as the color at Superior Storage's Burnsville
facility. Melander said he personally has no problem with the proposed color.
Todd Jones of Superior Storage pointed out the revisions to the plan: moving the entrance, increasing
the amoum of brick by about 1S%, the addition of detailing to the west elevation. He stated they would
show tme integrally colored brick samples that aze a dazker grey color. Jones also pointed out that the
Apple Valley building has a much lower profile than the Burnsville facility, so there will not be the same
expanse of the grey color.
Paui Strother, azchitect for the project, showed the block samples. He stated a common concrete block
was used in Burnsville. Strother said he met with Anchor Block to arrive at the options shown.
Bergman asked if the fencing between buildings was painted. Strother said a white painted wood
fence is shown. Bergman stated he would like to see the whole project maintenance free. Jones responded
he is fine using wrought iron throughout.
MOTION: Burke moved, seconded by Churchill, to recommend approval of rezoning of the property
from "RB" (Retail Business) to °GB° (General Business) to allow for storage facilities as a permitted use.
Motion carried S-0.
MOTION: Burke moved, seconded by Bergman, to recommend approval of a preliminary plat that
will subdivide the existing 4.34 acre parcel into one 3.6-acre lot. The remaining .74 acres will be dedicated
as half right-of--way for 1SS`" Street West and Garrett Avenue. Motion carried S-0.
MOTION: Burke moved, seconded by Melander, to recommend approval of a variance from the
maximum building coverage in the "GB" zoning district of 2S%to allow for an increased building coverage
of S2%, given the total impervious surface resulting from the calculation still does not exceed a comparable
Retail Business site. Motion carried S-0.
MOTION: Burke moved, seconded by Churchill, to recommend approval of a site plan building
permit authorization to allow for the constmction of six single-story mini-storage buildings, totaling 81,928
s.f. on 3.6 acres, subject to the following conditions: (a) replacing the "Burnsville" grey block with a
darker gray; (b) providing a detailed planting list; (c) wrought iron fencing in place of the wood fencing,
given the Fire Mazshall's approval. Motion carried S-0.
Planning Commission Minutes
July 12, 2000
Page 4
C. Amendment to Planned Development No. 646 for Pharmacy Drive-Through & Site
Planlbuilding Permit Authorization for 36,723 s.f. Mu15-Tenant Retail Building in Fischer Market
Place Outlot E
Lovelace introduced the item. He noted adrive-through facility is currently permitted in this Planned
Development (PD) in conjunction with a bank facflity. There was discussion regazding the elevation
options. Community Development Director Rick Kelley explained that it provides flexibility to negotiate
with a variety of tenant situations.
Edgeton wondered about stacking for the drive-through.
Paul Biloita of Centres Group, the petitioner, noted they had added brick up the facade and additional
landscaping in response to the comments at the public hearing. He stated the proposed pharmacy operation
only requires three spaces for stacking. The Kohl's lease requires five spaces for any drive-through in the
development. Bilotta went on to say that the landscape island is wide enough so that it could be narrowed
down to provide for a second drive aisle in the future, and the building will be reduced in size to meet the
parking requirements. Because Fischer has indicated a desire to hold the property long term, the elevation
options aze given to provide a building that is adaptable.
City Attorney Mike Dougherty stated the City can require removal of the drive-through if it is not
used by a drug store/pharmacy, if the PD amendment is adopted as proposed.
MOTION: Melander moved, seconded by Churchill, to recommend approval of an amendment to
Planned Development Ordinance No. 646 to allow for drive-up windows in conjunction with drug
stores/pharmacy retaii operations within zone 1 as a permitted accessory use, and requiring the removal of
such adrive-through if drug store/pharmacy operations cease. Motion carved 5-0.
MOTION: Melander moved, seconded by Churchill, to recommend approval of the site plan/building
permit authorization for the construction of a 34,980 s.f. retail building with 178 vehicle pazking spaces on
Outlot E, Fischer Mazket Place, subject to the following conditions: (a) approval shall be contingent upon
the replat of Outlot E and subsequent approval and recording of the replat; (b) an undulating berm
construction to the specifications set forth in PD 646 shall be constructed along Florence Trail to provide
screening for the loading azea; (c) the landscape plan shall be revised to identify a foundation landscaping
azea along the south elevation of retail spaces B and C. A detailed planting list shall be submitted for
verification of the City's 2 '/:% landscaping requirement at the time of building permit application. Motion
carried 5-0.
D. Site Plan/Building Permit Authorization for Sterling State Bank in Prairie Crossing
Commercial
Bodmer introduced the project, noting the only outstanding issue is the exterior building design's
compatibility with the master architectural plan for Prairie Crossing.
Tom Winkels of Sterling State Bank stated he thought there was a difference in taste, and that the
colors of the building, as well as the stone, coincide with the housing products offered in Prairie Crossing.
Discussion of the matter ensued. Churchill verified that the Commission was within its authority to
impose a color standazd, noting the special performance standards within the Planned Development
ordinance. The Commission agreed that the Kwik Trip and Sterling State Bank buildings needed to be
brought closer together in design. Bodmer suggested a meeting with the developers of the two projects to
find a solution.
Planning Commission Minutes
July 12, 2000
Page 5
MOTION: Melander moved, seconded by Burke, to table consideration of the matter until the next
meeting on August 2"d. Motion carried 5-0.
Edgeton called fora 5-minute break at 9:40 p.m. The meeting was reconvened at 9:45 p.m.
D. Dahle Pines -Rezoning, Preliminary Plat and Site P1anlBuilding Permit Authorization for
Townhome Development at Galaxie Avenue & 132"d Street by The Solvoll Corporation
Bodmer introduced the item. She pointed out the exterior building materials as proposed would
require a variance from the 50% masonry requirement.
There was some discussion about the 50% masonry requirement for multi-family developments. Both
Bodmer and Edgeton said they felt it was important to adhere to the set standard.
Burke asked for clarification of the 5-foot sidewalk requirement.
Chuck Ryan, representing the petitioner, said they would abide by the 50% masonry standard if
required to do so. They would probably then either go to 75% or 100% stucco.
Burke expressed his appreciation to the developer in working with the Williamsburg )II Association.
Dave Ernster of Williamsburg III stated their Association vote was based on a drawing. He would like
to put the agreements in writing that have been made verbally.
ivi0 T ION: Bergman moved, seconded by Melander, to recommend approval of the rezoning from
"R-1" to "M-3C" (Multiple family at 3-6 units per acre). Motion carried 5-0.
MOTION: Bergman moved, seconded by Melander, to recommend approval of the preliminary plat
of Dahle Pines, creating 35 lots for townhouse development, with the following conditions: (a) Outlot A
shall be incorporated into Lot 9, Block 1, on the final plat; (b) a 5-foot sidewalk shall be constructed along
132°' Street; (c) at time of final plat developer shall provide the city with copies of executed cross-access
easements between the Dahle Pines and Williamsburg III developments. Motion carved 5-0.
MOTION: Bergman moved, seconded by Melander, to recommend approval of the site plan and give
building permit authorization for construction of 35 townhome units with the following conditions: (a)
final plans shall include a total of 14 visitor pazking spaces; (b) the landscape plan shall be amended to
include a greater variety of plantings, along with a foundation planting plan, to be reviewed and approved
by the City's Natural Resources Coordinator; (c) a nursery bid list shall be submitted at the time of
application of building permit confirming that the landscape plantings meet or exceed 2 '/:% of the value of
the construction of the buildings based on Means Construction Data; (d) no land alteration or tree removal
activities may begin u~rtil a Natural Resources Management Permit has been issued by the City. Motion
carried 5-0.
MOTION: Bergman moved, seconded by Melander, to recommend approval of the following
variances: (a) a 10' variance from the 50' setback requirement from Gakrxie Avenue for units 22, 23, 24,
25, 26 and 27 due to the hazdship caused by the recently upgraded designation of Galaxie Avenue to a B
Minor Arterial roadway; (b) a 15' variance from the 25' setback from the northem property line for unit 27
due to the excess property between the iwo developments resulting from the unused right-of--way; (c) a 10'
variance from the 25' setback from the northern property line for unit 5 due to the excess property between
the two developments resulting from the unused right-of--way; (d) a 5' variance from the 25' setback from
the public street extension of 131` Street to preserve additional mature trees along the west property line.
Motion carried 5-0.
Planning Commission Minutes
July 12, 2000
Page 6
MOTION: Melander moved, seconded by Burke, to recommend approval of a variance to allow less
than 50% masonry building materials. Motion denied 0-5.
7. OTHER BUSINESS
A. Sketch Plan for 84-Unit Apartment Complex on the Southeast Corner of German & 128`"
Street by Duffy Development and Frank Kleckner
Milton introduced the project, stating approximately 41% of the trees would be saved as proposed.
She noted the applicant has applied for funding from the Metropolitan Council to help reduce some of the
development costs. As part of the grant requirement, any savings would be passed on to renters in the form
of reduced rents, thus providing affordable housing.
Edgeton asked what assurances there aze that the builder passes along the savings to the renters.
Kelley explained that pursuant to new legislation promoting affordable housing the City enters into a
contractual agreement. Annual reports must be submitted, and funds have to be paid back if the criteria aze
not met.
There was some discussion about the pond and high water levels, given the recent storm and
significant rains. Milton stated the storm sewer system is designed fora 100-year event. Consulting
Engineer Pat Wrase said the City would not allow any water from the parking lot or roofs to flow overland
into the pond, but must run into catch basins with a piped discharge.
Bergman asked if the petitioner was willing to eliminate Building 4 or Building 1. Milton responded
that the number of units and buildings has been reduced from the original plan. According to the zoning
ordinance the base allowed is 77 units, and an additional ?units comes from a density bonus.
Edgeton said it was her recollection that the "neck" parcel would be used as an entrance. Melander
also stated he recalled there would be no buildings on that piece. He also indicated a zero setback request
was inappropriate.
Bergman commended the petitioner for going with affordable housing, but said he felt there was too
much building for the site. Burke agreed.
Churchill stated that they listened to people say there would not be any buildings, that the northern
portion would be a driveway.
John Duffy, the petitioner, stated that the City Council approved a rezoning and final plat, saying they
would like as little building as possible on the rezoned piece, which involved approximately the eastern half
of the northern neck of the property. He went onto say he thought the proposed small buildings would be
more appropriate for the neighborhood, and that City Code allows 84 units, which is what is proposed.
Duffy also stated they could probably reduce the road and parking to save more trees. He explained that
the units aze designed so a firetruck turn-azound is met; they just thought it would be easier for a firetruck
to go out through the lift station driveway.
Duffy said there is sheet drainage on the site now. They have proposed a storm sewer system so
drainage is picking up in a system so there would be less erosion than there is today. He also noted in
regazd to the grant that they have to provide an audit, and the lender holds their reserve accounts. Duffy
went on to say they asked the architect to design what he thought looked the best, and he came up with
40% masonry, but they will do whatever is required. The lender is asking for a site office.
Planning Commission Minutes
July 12, 2000
Page 7
Duffy also stated they could eliminate the variance for Building # 1 by not including the play area in
between the buildings. He showed a scaled drawing of how the proposed buildings would fit into the
current neighborhood. Duffy said they aze asking for the other variances because it seems like a good use
of the property. He noted the homeowners to the west aze over 350 feet from the site, and that there is 82
feet from the DOT fence to the property line. They are proposing three handicap accessible units, which
take a little more ground space.
Bergman said he would like to heaz MnDOT's reaction to the proposal and to receive more
information from Mr. Kelley about affordable housing.
Edgeton pointed out that ifthe plan eliminated all the variances, the ordinance does allow the 84-unit
project. Melander said he wants no variances and feels taken advantage of.
Milton noted if the firetnrck turnaround is used, probably about three pazking spaces would need to be
moved.
B. Sketch Plan for Schlotzsky's Drive-Through Window
Bodmer introduced the item.
Kim Gazland, co-owner of Schlotzsky's, said they receive a lot of requests for adrive-through from
their regular customers who include mothers with small children and the elderly. The drive-through would
be on the north side to offer convenience to their customers. Gazbage would not be a problem as their staff
is already instructed to pick up garbage daily. Based on other Schlotzsky locations, Gazland estimates 70
carsiday utilizing the drive-through, or about 6-8 cars%hour.
Bergman questioned a stacking problem if orders take 2 '/: minutes to prepare. Gazland stated stacking
of 6 cars is provided.
There was some discussion about the restaurant classifications -- the differences between fast food and
casual, where drive-through's aze currently located. Edgeton noted that the ordinance was amended to
allow Schlotzsky's to locate there in the first place. Kelley gave a history of the site and adjacent
development. He said the Commission could look at whether wnditions have changed and amend the
Planned Development ordinance, if deemed appropriate.
Burke said he was in favor ofhaving adrive-through, looking at lifestyles and the increase in traffic
on Couniy Road 42.
Bergman stated he liked it the way it is, but would consider looking at more information.
Churchill said she would consider a formal request, but felt torn on the issue.
C. Set August Work Meeting
Kelley introduced the item of a special meeting to discuss development timing in the South Central
Planning Area. He informed the Commission of a meeting of the interested parties, including Williams
Pipe Line. The City encouraged them to work together on the issues of making things fit together. A series
of meetings with various subgroups will likely be held. The City will be faced with decisions about who
goes first.
Edgeton said she was not available on August 24.
Planning Commission Minutes
July 12, 2000
Page 8
MOTION: Burke moved, seconded by Bergman, to set a work session for Thursday, August 24,
2000, from 6:30-7:30 p.m. and that the City Council be invited to attend. Motion carved 5-0.
8. ADJOURNMENT
Bergman moved, seconded by Burke, to adjourn the meeting. Motion carried 5-0. The meeting was
adjourned at 11:30 p.m.