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HomeMy WebLinkAbout10/01/2003CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES OCTOBER 1, 2003 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, James Hadley, Tom Melander, Jeannine Churchill, Tim Burke, and David Schindler Members Absent: Alan Duff Staff Present: Community Development Director Rick Kelley, City Attorney Sharon Hills, City Planner Tom Lovelace, Assistant Planner Kathy Bodmer, Assistant Planner Maggie 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 as amended. The motion carried 6-0. 3. APPROVAL OF MINUTES OF SEPTEMBER 17, 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 September 17, 2003. The motion carried 6-0. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS None. 6. LAND USE/ACTION ITEMS A. Waters Edge Restaurant -Site Plan/Building Permit Authorization to Allow Construction of an 11,000 sq. ft./400 Seat Restaurant in Legacy Village Assistant Planner Margaret Milton Dykes presented the request from Appro Development/R & D Properties, for site plan building permit authorization for a 400-seat restaurant to be located in the commercial portion of the Legacy Development. Dykes reported the subj ect property is zoned "PD-716, Zone 3" (Planned Development. The site plan shows a 404 seat, Class I restaurant. The building is approximately 11,000 sq. ft. and meets all required setbacks. The building coverage is approximately 52%, which complies with the planned development ordinance. The reduced setbacks conform to the approved planned development ordinance. Dykes reported the restaurant would have 286 indoor seats, of which 68 will be banquet seats; and 118 outdoor seats. The restaurant is required to have 136 parking spaces and there will be a 275-space shared parking lot that will serve all of the uses in Legacy 3ra Addition. A Conditional Use Permit (CUP) must be issued for the shared parking lot located on Lot 1 of the proposed Legacy 3ra Addition; any approval of the Waters Edge Restaurant should be subject to issuance of this CUP. In addition, the approval of the restaurant should limit the number of indoor seats to 286. Dykes stated the site plan shows a trash pick up area on the south side of the building. A driveway cuts across the sidewalk and curb in Founders Lane, which means that a garbage truck will need to use a designated parking on-street pazking space to access the trash pick up area. Dykes is recommending that any approval of the restaurant should require that gazbage be picked up between 3-6 a.m., which is when the City prohibits on-street parking. The City Engineer has reviewed the grading and utility plans and has no major outstanding issues. The Natural Resources Coordinator has reviewed the landscaping plan and has no outstanding issues. Dykes reported that because the restaurant is urban in scale, there is not adequate green space on the site to accommodate the amount of landscaping required, which is 2.5% of the cost of the building construction. Dykes stated the property owner may use the landscaping requirement towards irrigation systems, benches, public art or other amenities, and decorative paving that connects to public spaces. The building will be constructed of stucco and simulated stone with a colored concrete roof tile. The building will have varying rooflines and exterior treatments that break up the building. Lonnie Anderson, the architect for the 2 petitioner, presented material samples of the building exterior. Commissioner Melander stated that he has been reading a lot about problems with the use of stucco and the fact that it can create mold and water problems. Anderson stated that when installing stucco, you need to provide an area behind it for moisture and if installed correctly, the water would not be a problem. Community Director Rick Kelly also stated that if stucco is installed properly, there should not be any water problems. Kelly stated the water problems have been a result of a lack of experience from the installer. Commissioner Burke asked about signage. Dykes reported the signage would be located on the westerly side and would be ground signage. Chair Edgeton asked if there would be access to the restaurant along the walkway. Dykes responded that there would be access along the walkway. Edgeton asked if the parking lot would be completed in its entirety before occupancy could take place. Dykes stated that the parking must be completed before occupancy can occur and she has included this in her recommendation. Commissioner Churchill stated Maple Grove is putting a parking ramp in a development with a similar type of restaurant. Churchill stated that parking is a major issue for proposals such as this and staff needs to keep the pressure on developers to ensure adequate parking is provided. Chair Edgeton stated that the 68 seats proposed for a banquet area does not seem adequate. Jean Francois Paridase addressed the Commission and stated that the area is not a banquet room and is more of a private dining room for conferences and small parties. Dykes stated that staff finds the restaurant proposal substantially complies with City Codes and is recommending its approval. MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval. ofsite plan building permit authorization fora 400-seat restaurant as shown on the site plan received in City offices September 25, 2003, subject to the following conditions: a. No building permit, except a footing and foundation permit, shall be issued for Lot 2, Block 1, of the proposed The Legacy of Apple Valley 3Ta Addition until the final plat is filed with Dakota County and all the conditions of the executed Development Agreement have been met by the applicant. b. The subj ect restaurant shall have no more than 286 indoor seats; the number of outdoor seats may exceed 118 provided there is a corresponding reduction in the number of indoor seats. a No building permit shall be issued until a Natural Resources Management Permit has been obtained. d. A nursery bid list shall be submitted that confirms the landscape materials, irrigation system, decorative paving and other common 3 area amenities meet or exceed 2.5% of the value of the construction of the building based on Means Construction Data. e. No Certificate of Occupancy, either temporary or final, shall be issued until the City has approved a Conditional Use Permit for the 275-space shared parking lot on Lot 1, Block 1, of the proposed The Legacy of Apple Valley 3`d Addition, as required by PD-716. f. Gazbage pick-up shall be done between the hours of 3 a.m. and 6 a.m. The motion carried with a vote of 6-0. B. Conditional Use Permit to Allow for an Accessory Unit Dwelling in a Single Family Home Assistant Planner Kathy Bodmer presented the request from Fritz and Pat Dolejs for a conditional use permit to construct an accessory unit dwelling (AUD) within their home at 12756 Denmark Avenue.. AUDs are allowed by conditional use pernrit in the R-1 Zoning District. Bodmer reported the property is 1.33 acres and lies with an R-1 (Single family residential, min. lot 40,000 sq. ft.) zoning district. The City Code was recently amended to allow the construction of an accessory dwelling unit within a single family home in the "R-1" zoning district, provided certain conditions are met. Bodmer stated the Dolejses plan to construct a substantial addition. onto their home which will increase the living space of the primary dwelling as well as provide for the construction of an Accessory Unit Dwelling (AUD). Bodmer reported the AUD Ordinance states that the maximum size of an AUD is 40% of the footprint of the primary dwelling, but that a larger size maybe approved by the City Council after meeting certain conditions. The footprint of the primary residence will increase to 2,703 sq. ft. on the mail level, making the allowable size of the AUD 1,081 sq. ft. Bodmer stated the Dolejses are proposing to add 1,424 sq. ft., which is 53% of the footprint of the primary dwelling. Bodmer reported the ordinance has a provision which states that a larger AUD may be approved, as long as it can be demonstrated that the AUD is clearly subordinate to the primary dwelling, the exterior changes do not alter the home's single family character and the resulting total floor area is consistent with the size of the homes in the neighborhood. Bodmer stated that staff finds that the Dolejs AUD request substantially complies with the requirements of the ordinance and that the AUD is subordinate to the principal dwelling because it is 53% of the principal building footprint and 23.5% of the total gross living area of the principal dwelling. In addition, the home continues to have asingle-family appearance. Although the home is somewhat larger than others in the neighborhood, staff fords that the size of the lot and the existing vegetation make it compatible with the existing area and are, therefore, recommending approval of the request. Chair Edgeton stated that this item has been on the Agenda several times and there have been lots of discussions regarding this CUP. Edgeton stated that she is in favor of granting this CUP. Commissioner Churchill stated that staff should identify in the CUP exactly what would have to be removed if the home were to return to a single family home. MOTION: Commissioner Churchill moved, seconded by Hadley, to approve a conditional use permit to construct a 1,458 sq. ft. AUD at 12756 Denmark Avenue with the following conditions: 1. The owner shall provide proof of owner occupancy to the City on an annual basis in a form acceptable to the City Attorney's Office. 2. In the event that the home is no longer owner occupied, the AUD kitchen shall be removed and the separation between the two living units shall be removed. The resolution approving the AUD should identify exactly what would be removed. 3. A certified copy of the Conditional Use Permit shall be filed with the property deed at the Dakota County Recorder's Office. Evidence of the recording shall be provided prior to issuance of the building permit. 4. The existing garden shed on the northeast corner of the property shall be relocated to meet setback requirements. The motion carried with a vote of 6-0. OTHER BUSINESS A. Wensmann 13th Addition/Midtown Village -Sketch Plan for 174 Townhouses and 96 Condominium Dwelling Units City Planner Tom Lovelace presented the sketch plan from Wensmann Home for a proposed 270 unit multiple family residential development, which will include 174 townhouse and 96 condominium units. Lovelace reported the applicant is proposing to construct nine 14-unit and four 12-unit townhouse buildings, and four 24-unit condominium buildings on 19.5 acres. The site is located at the southwest comer of 145th Street West and Foliage Avenue. The proposed development would have a gross area density of 14 units per acre. Lovelace reported the site currently consists of three unplatted parcels, totaling 21.5 acres. 145th Street is located within an easement over the most northerly part of the three parcels. The City would require that as part of any final approvals of this development, the easement over the 2-acre parcel would have to be vacated and road right of way for 145th Street would be dedicated. Flagstaff Avenue would be constructed to 145a' Street West as development occurs on the site. The developer has identified an 80-foot pipeline line easement along the most easterly edge of the site, which would be utilized for pipeline relocation purposes. Access to the site would be via private street connections to the existing and future public street network located on the north, east, and west side of the site. Lovelace reported the plan is consistent with the Land Use Map designation but is inconsistent with the current zoning. The applicant would be requesting a rezoning from "I-2" (General Industrial) to "PD" (Planned Development). Lovelace stated the site plan meets the parking requirements of 2.5 spaces per unit, which is the minimum required by City Code. Elevations for the condominiums indicate an exterior finish consisting of a combination of rock face block, brick and stucco. The townhomes will be utilizing brick, stucco, and "Hardi" siding for their exterior finish. Chair Edgeton stated that she would like to see some variety in the color of the buildings to avoid sameness. Commissioner Schindler stated that he would like to see sidewalks. Lovelace stated thete would be internal sidewalks and sidewalks along the private streets on both sides of the units. Commissioner Churchill informed the petitioner that she is pleased to see underground parking. The Commission concluded that they feel comfortable with. the sketch plan presented tonight and they would like Weissmann Homes to proceed with a formal proposal for this project. 8. ADJOURNMENT MOTION: Commissioner Burke moved, seconded by Churchill, to adjourn the meeting at 8:25 p.m. The motion passed with a 6-0 vote.