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HomeMy WebLinkAbout04/20/2005CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES APRIL, 20, 2005 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, Jeannine Churchill, Jim Hadley, Thomas Helgeson, Tom Melander and *David Schindler *Commissioner Schindler arrived at 7:03 p.m. Members Absent: Tim Burke Staff Present: City Planner Tom Lovelace, City Attorney Sharon Hills, Associate City Planner Kathy Bodmer, Associate City Planner Margaret Dykes and Assistant City Engineer Colin Manson 2. APPROVAL OF AGENDA Chair Edgeton asked if there were any changes to the Agenda. There being none, she called for its approval. MOTION: Commissioner Melander moved, seconded by Churchill, to approve the Agenda. The motion carried 5-0. 3. APPROVAL OF MINUTES OF APRIL 6, 2005 Chair 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 the Apri16, 2005, meeting. The motion carried 4-Q, with Commissioner Melander abstaining. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS A. Fajita's Grill - Consider a Conditional Use Permit (CUP) to Allow for On-sale Liquor Sales in Conjunction with a Class I Restaurant Chair Edgeton opened the public hearing with the standard comments. City Planner Tom Lovelace presented the request from GGLC Management Group, Inc./Fajita's and Galaxie Commons, LLC, for a conditional use permit (CUP) to allow for on-sale liquor sales in conjunction with a Class I restaurant. The 88-seat restaurant will occupy 2,925 sq. ft. of an existing 15; 435 sq. ft. multi-tenant retail building located on the northwest comer of Galaxie Avenue and 153rd Street West. Included also in the building are Hirschfield's; Dunn Bros. Coffee Shop, and Valley Cleaners and Tailors. Lovelace reported that a conditional use is defined as a use permitted in a zoning district that is contingent upon complying with all conditions as set forth by the City of Apple Valley. The current uses within the subject building and to its north are retail and service retail. The property to the east, west and south are all part of the Central Village and will include a variety of commercial and residential uses, including restaurant and on-sale liquor. The on-sale liquor component of the subject restaurant should have no direct adverse impact to adjacent uses. Commissioner Melander asked if there would be any outdoor dining at the subject site. Lovelace stated the applicant has not indicated any outdoor dining and that outdoor dining would also require a conditional use permit. Commissioner Churchill asked if parking was adequate for the site. Lovelace reported the parking is adequate to serve the restaurant and other tenants in the building. However, there is 2,500 sq. ft. of space currently vacant and the owner would have to keep parking in mind when leasing that space. Chair Edgeton asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. No comments were received from the public. Chair Edgeton closed the public hearing with the standard comments. Chair Edgeton stated that is it the policy of the Planning Commission to refrain from acting on an item the same night as its public hearing.. However, since staff has not identified any outstanding issues, no comments were received from the public, and the Commission did not identify any issues, staff is recommending approval of the request. MOTION: Commissioner Melander moved, seconded by Helgeson, to recommend approval of a Conditional Use Pemut to allow for on-sale liquor in conjunction with a Class I restaurant for Fajita's Southwest Grill restaurant, subject to the following conditions: • The conditional use permit shall apply to the property legally described as Lot 2, Block 1, CULVERS ADDITION. • Such operations shall be conducted in conformance with the site plan dated March 29, 2005, on file at City offices. • The conditional use permit shall apply to a Class I restaurant operation on the legally described property and shall have a maximum building azea of 2,925 sq. ft. The motion passed 6-0. B. Goddard School -Consider Subdivision of a 2.62 Acre Parcel Lot Into Two Lots and Site Plan/Building Permit Authorization to Allow for Construction of an 8,200 sq. ft. Daycare Center Chair Edgeton opened the public hearing with the standard remarks. Associate City Planner Margaret Dykes presented the request from RJ Ryan Construction/Revestors Group 1, for minor subdivision, site plan review/building permit authorization for a daycaze facility, and building height variance. Dykes reported the property is currently platted as Outlot A, Blomquist lst Addition. The applicant wishes to subdivide the existing 2.83 acre pazcel into one lot and one outlot. Lot 1 is approximately 1.2 acres and Outlot A is approximately 1.6 acres. Because Outlot A cannot be further subdivided, it is staff's opinion that the parcel should be platted as a lot. A concrete sidewalk sits on the property adjacent to 147th Street, which has aright-of--way width of 64 feet as opposed to a typica180 feet. An 8 foot-wide easement for the sidewalk must be dedicated to the City and filed with the fmal plat. Dykes reported the applicant is proposing to an 8,251 sq. ft., one-story day care facility on the proposed Lot 1, which is approximately 16% building coverage. A stonnwater infiltration area is shown in the northeast corner of the site which will drain the first''/z inch of a rainfall event. The applicant will be responsible to acquire the necessary drainage and utility easements for the storm sewer pipe. The City Engineer will need to review the pond volume and infiltration calculations before staff makes a recommendation. Chair Edgeton had concerns about the ponding area being closely located to the pazking lot. Edgeton requested the City Engineer review that further: Dykes reported the entrance to the building faces south and the building is approximately 190' from the nearest residence to the north. Access to the building is from 147th Street. The building requires 27 parking spaces and 28 spaces aze shown. The plan shows two driveway cuts to facilitate traffic flow typical of daycare facilities. The double driveway desi~n allows pazents to pull up to the curb, drop off their children, and tum out onto 147 Street W. The driveways are slightly offset from the Wal-Mart driveway that accesses 147th Street West. However, City policy is that driveways should align when possible and if not, they should be offset at least 125 feet. Dykes stated this offset is difficult to achieve and it would make traffic circulation more difficult for parents dropping off children. Chair Edgeton suggested having the City's Traffic Engineer review the plan and see if there are other options. The applicant is requesting a variance to exceed the maximum building height by 10 feet. The proposed building is 29 feet high. The intent of the planned development maximum height of 20 feet was to limit the height of buildings adjacent to residential uses. The proposed Goddard School would be located 190 feet from the neazest residence located on Guthrie. The Commission requested staff get the height of the neazby Wal-Mart building for comparison purposes. Comrissioner Melander stated that he did not see an issue with the height variance. The lighting plan shows two 25-foot high light poles on the north end of the parking lot. The plan states that all lighting will not exceed 0.5 footcandles at the property boundary. The light is in compliance with the zoning code. Commissioner Hadley asked what would happen if the light is not held to the 0.5 footcandles. Dykes responded that the applicant will have to comply or the light will have to come down. A trash enclosure is shown on the southeast side of the parking lot. Dykes stated the trash enclosure would work better if it were pushed to the southwest side of the building. A concrete pathway is shown around all sides of the building. Staff is recommending that the pathway connect to the existing sidewalk on 147' Street West. The plan indicated that a fence will enclose the play area but does not state what type of fencing will be used. The applicant must indicate the type of fencing that will be used. Brian Trombly, representing the applicant, indicated that the fenced area will be used for the infant play area. The building is composed of brick veneer. The Commission and staff recommended that another building material such as stucco be incorporated to add visual interest to the building and blend with surrounding commercial and residential structures. The Commission also requested the applicant submit colored renderings. Dykes showed the Commission pictures of other Goddard schools located in other areas. The buildings did show a mix of materials and were aesthetically pleasing. Chair Edgeton asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. Mazcy Lovejoy, 14718 Guthrie Avenue, stated that she was very pleased with the project and feels it will fit in well with the existing neighborhood. Lovejoy wants to make sure that adequate berming, landscaping, and trees are done to sepazate the building from the. nearby residences and to give the neighborhood less of a commercial view. She also would like to see an aesthetically pleasing fence rather than a chain link fence. Commissioner Churchill asked about the hours of operation. Dykes stated the hours will be from 6 am to 6 pm. Chair Edgeton closed the public hearing with the standard comments. It is the policy of the Planning Commission not to act on an item the same night as its public hearing. Dykes reported that staff will continue working with the applicant on the issues brought forth by the Commission and public. C. Wirsbo Expansion -Consider Rezoning of 18.7 Acres from "I-1" (General Industrial) to "M-8" (Multiple Family ResidentiaUl2-24 units per acre), Subdivision of 38 Acre Parcel into Two Lots, and Site Plan/Building Permit Authorization to Allow Construction of a 41,000 sq. ft. Addition to the Existing Wirsbo Building Chair Edgeton opened the public hearing with the standard remarks Associate City Planner Kathy Bodmer presented the request from Venstar, LLC and Uponor Wirsbo, for a rezoning of the northern 18.7 acres from "I-1" (Limited Industrial) to "M-8" (Multiple family, 12-24 units/acre), subdivision by preliminary plat to combine then re-subdivide two parcels totaling 37.7 acres to create one 18.7 acre parcel for multiple family development, one 15-acre parcel for the Wirsbo facility, and the dedication ofright-of--way for 147c' Street and Johnny Cake Ridge Road. The applicants are also requesting site plan/building permit authorization for a 41,000 sq. ft. addition on the north side of the Wirsbo Facility. The two parcels include the existing 10-acre Wirsbo property located at 5925 148x' Street West and the vacant 27.7 acre Venstar property immediately north of Wirsbo. The applicants are requesting a rezoning of the northern 18.7 acres (Outlot A on the preliminary plat) from "I-1" to "M-8". This zoning allows the construction of apartments and condominiums at a density of 12-24 units per acre. At 18.7 acres, if the development includes amenities that meet the maximum allowable density of up to 24 units per acre, between 224 and 448 units could be constructed on the site. The zoning would also allow the construction of 5 story buildings. Bodmer reported that is has been the City's practice not to approve a rezoning request unless there is a site plan accompanying the request. The property owner has not submitted specific plans and indicated that she does not plan to develop the site for a few years. A sketch plan that was prepared a few years ago was included in the staff report to illustrate how a variety of units could be constructed on the site. The sketch plan does not take into account the sale of the southern portion of the property to Wirsbo or the extension f 147`h Street West. Bodmer stated that no conditions may be placed on a rezoning of property so as a result, the City would not be able to stipulate additional requirements beyond what is stated in the zoning ordinance. The subdivision request involves combining the 10-acre Wirsbo parcel and the 27.7 acre Wirsbo parcel and then subdividing them again. This would allow Venstar to sell approximately 5 acres to Wirsbo to allow Wirsbo to expand their facility. It would also allow the extension of 147x` Street from its current terminus on the east side of the property out to Johnny Cake Ridge Road. The balance of the property, 18.7 acres, will be retained by Venstar. Wirsbo wishes to expand their existing facility by constructing a 41,600 sq. ft. addition composed of a 23,000 sq. ft. office addition and an 18,600 sq. ft. manufacturing addition. All setbacks appear to be met. The proposed exterior would match the existing exterior. Everest Avenue is shown terminating in a parking lot. The City will require that it be terminated in a cul-de-sac. Chair Edgeton stated that the Commission will not consider a rezoning request without a site plan. Edgeton asked if the applicant has thought about requesting a planned development since there is no site plan available. She further commented that the Commission cannot consider a rezoning without knowing specifically what is to be built on the site. Commissioner Churchill agreed with Edgeton. Churchill suggested that the applicant consider a planned development and that the Commission could support a planned development. Churchill stated that another option would be to review the Wirsbo expansion part of the request at this time until the applicant can submit a site plan. Commissioner Melander stated that he would like staff to find out how much land is designated as Limited Industrial as compared to surrounding cities. Melander stated that he is not thrilled to see limited industrial given up for high density residential. He feels that the City has enough high density zoning districts and not enough. limited industrial. Commissioner Helgeson recommended that the City leave the area zoned as "I-1" until a site plan is presented to the City. Bodmer stated that the petitioners are requesting action on the proposal. Dan Hughes, Darwin Burckhazd, and Brenda Quaye, the applicants, addressed the Commission. Quaye stated that she recently held a neighborhood meeting to discus the project. Quaye stated that the neighbors were concerned about overcrowding in the school district, low income housing, setbacks, and berming. Quaye stated that the reason she is requesting "M-8" zoning rather than a "PD" is because she is does not want to have a mix use of property that is required in a "PD". Chair Edgeton informed Quaye that a "PD" does not have to be mixed use. Sharon Hills, City Attorney, stated that it is the practice of the City to ask for a site plan when requesting a rezoning. City Planner Tom Lovelace gave Quaye some example of developments in the City that are zoned "PD" but do not have a mixed use. Commissioner Churchill suggested that Quaye sell part of the property to Wirsbo in order to keep the project moving forward and deal with the rezoning request at a later date. Chair Edgeton asked if anyone would like to address the Commission, and if so, they may do so at this time. Cheryl Cabak, 5980 144"' Street West, stated that she built a home neazby 13 %2 years ago and that she is opposed to the rezoning. Cabak feels that the schools will be overcrowded and that the azea cannot handle the increase in people and cars. She would like to see the azea remain limited industrial. Chair Edgeton suggested staff get the school district's method for estimating the number of new students and the Traffic Engineer's calculation for traffic capacity for 147`h Street W. and Johnny Cake Ridge Road. Cathy Greseth, 14360 Exley, stated that she did not receive a notice of the public meeting nor was there a public hearing notice posted at the proposed site. Cathy is opposed to the rezoning primarily due to the increase in traffic. Greseth would like the area to remain limited industrial. Jan Trom, 14459 Exley Lane, stated that she is concerned about having more residential units in the area. In 1988, Trom approached the Post Office about incorrect addresses and she was informed by the post office that they would not need to correct the addresses as there would be no additional homes near her residence. Trom is opposed to the project. Mazk Hultran, 5870 144`h Street West, asked if neighbors would have a chance to speak at the next Planning Commission meeting. Hultran asked staff how often the Comprehensive Plan and Zoning Map are updated. Bodmer stated that the Comp Plan is updated every 10 years and the zoning map is updated every time there is a change. Hultran presented staff with a signed petition of neighbors who are opposed to the zoning. Chair Edgeton stated that this would become part of the official record. Jim Olson, 14466 Everest Avenue, stated that there will be more children taking short cuts through his yard as a result of the proposed development. Olson complimented the Commission for thoroughly reviewing the project and Venstar for moving the road. Olson's primazy concern is the additional people and traffic in the azea. Margie Dahlquist, 5858 144`h Street W., stated that she would not like to see an apartment building looming over single family homes. Chair Edgeton closed the public hearing. It is the policy of the Commission to not take action on an item the night of its public hearing. Bodmer reported that staff will continue working on the issues brought, forth. 6. LAND USE/ACTION ITEMS A. Embry Estates -Consider Rezoning of Northern 5 of Existing 8 Single Family Lots from "R-1" (Single Family ResidentiaUmin. lot area 40,000 sq. ft.) to "R- 2" (Single Family Residential/min. lot area 18,000 sq. ft.) and Subdivision Into 19 Single Family Lots Associate City Planner Kathy Bodmer presented the request from The Solvoll Corporation, for a rezoning from "R-1" (Single family residential, 40,000 sq. ft. min. lot size) to "R-2" (Single family residential, 18,000 sq. ft. min. lot size) on the northern 5 lots of the eight existing lots in the development, subdivision by preliminary plat to subdivide three of the existing eight lots to create 11 new lots for a total of 191ots in the development. The preliminary plat will also show the dedication of public street right-of--way for all of the lots on Embry Way. The applicant is also requesting a variance from the subdivision requirements to allow the use of a shared private driveway for Lots 6, 7, 8 and 9 to minimize the site disturbance, tree removal, and allow the creation of a low azea for storm water infiltration. Bodmer reported that all of the residents on the private portion of Embry Way have agreed to the extension of City services, including water, sanitary sewer, and public street into their neighborhood. Bodmer reviewed the issues brought forth from the Commission and the public during the public hearing that was held on Apri16, 2005. Bodmer reported that the applicants are requesting a rezoning of the northern portion of the development from "R-1" to "R-2". The average proposed size of the newly created lots will be 31,520 sq. ft. Three of the eight current property owners in the development wish to fiuther subdivide their properties to create 11 new lots. At 19 total lots, the neighborhood will have a density of 0.8 units/acre. The developer is requesting a waiver from the subdivision requirements to allow the use of a shared private driveway for Lots 6-9, Block 2. The site plan shows the placement of the proposed homes on the lots. Three of these lots, Lots 6-9, Block 2, contain a low area that will be used for stormwater infiltration. A private shared driveway is proposed for these lots. If individual driveways for each of the lots were required, significant grading and tree removal would be required. In addition, constructing a public street through this area would require significant grading, tree removal and construction of retaining walls. It would also result in making the infiltration area a separate pazcel which would likely be dedicated to the City since a mechanism would not be available for common ownership. Bodmer stated that constructing Embry Way as a public street with curb and gutter will allow the development to direct a portion of the stormwater that currently flows into Pilot Pond back into the low retention area of Lots 5-8, Block 2. Since the public hearing, the applicant has revised the grading plan to save more trees. Driveway locations aze also shown on the plans. A revised tree preservation plan was submitted which shows that 50% of the significant trees will be saved, 7.6% will be custom trees, while 42.4% will be removed. During the public hearing, another neazby property owner requested to have the cul- de-sac extended to the faz west end of the plat to allow for secondary access to Pilot Knob Road for Lots 5-7, KNOTTYWOODS. The Commission suggested the property owner discuss this directly with the developer. Chuck Ryan, representing the applicant, stated that he had contact with the property owner and informed him that this was not an option for this proposal. Ryan also stated that in addition, he received several phone calls for the property owners involved in this proposal who stated that they would not be in favor of the cul-de-sac extending. Ryan stated that he wanted to personally thank the Embry Way neighborhood and City staff for all of their efforts in this project. Chair Edgeton asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. No comments were received. Bodmer stated that staff is recommending approval of this proposal. MOTION: Commissioner Helgeson moved, seconded by Schindler, to recommend approval of a rezoning of the northern 5 lots from "R-1" (Single family residential, 40,000 sq. ft. min. lot) to "R-2" (Single family residential, 18,000 sq. ft. min. lot). The motion carried 6-0. MOTION: Commissioner Helgeson moved, seconded by Churchill, to recommend approval of the subdivision by preliminary plat of Embry Estates with the following conditions: • No site grading or tree removal may begin until the fmal plat has been received for recording at the Dakota County Recorder's Office. • All property owners must sign and each mortgagee must consent to the final plat. • No building permits will be issued until the first lift of blacktop has been laid on the public street of Embry Way. • The temporary emergency access on the 136`h Street right-of--way will be available only to Embry Way residents, their guests, and emergency traffic. No construction traffic may use the temporary access. The temporary access will be removed and restored once the construction of the public street of Embry Way is completed. • Building permits for lots 6, 7, 8, and 9, Block 2, will not be issued until a private driveway easement and cross-access agreements for each of the lots have been recorded at the Dakota County Recorder's Office The motion carried 6-0. MOTION: Commissioner Helgeson moved, seconded by Churchill, to recommend approval of a variance form the subdivision requirements to allow the use of a shared driveway on Lots 6, 7, 8, and 9, Block 2. This waiver is requested to allow the use ofthe low area for storm water inftltrato_n_ and to minimize grading and tree removal on these lots. The motion carried 6-0. MOTION: Commissioner Helgeson moved, seconded by Melander, to recommend approval of a variance from the subdivision requirements for the design of the Embry Way cul-de-sac. The requirements state that a cul-de-sac shall not serve more than 15 single family units and may be no longer than 900 ft. A variance is requested to allow the Embry Way cul-de-sac to serve 19 single family units and to be 1,850 feet long. This variance is requested to allow the upgrade of an existing non-conforming private street to a public street in an existing underdeveloped neighborhood. The motion carried 6-0. B. Diamond Gates -Consideration of a Revision to the Approved Site P1anBuilding Permit Authorization for an 86 Unit Condominium Associate City Planner Kathy Bodmer presented the request from J & H Development, LLC, for reauthorization oftheir building permit/site plan approval for two 43-unit condos, totaling 86 condo units on the site, and revised exterior elevations. The Diamond Gates site is located on the southwest corner of Cedar Avenue and 1400i Street. Bodmer reported that the City approved the site plan for the Diamond Gates development on June 12, 2003. Because the building permit authorization is valid for one year, the applicant needs an extension of the building permit approval in order to proceed with their project. In addition, slight modifications have been made to the project which requires review and approval by the City. The approved development included the construction of two 5-story condominium buildings on the southwest corner of Cedar Avenue and 140"' Street West (4 stories of living space and 1 story of gazage above grade). The buildings will contain 43 units each for a total of 86 units on the site. Slight modifications to the grading plan and exterior are requested. The City Engineer has no outstanding issues at this time. The building was modified so that there will no longer be individual entrances and stoops for each of the lower level units. Access to the units will be gained from a single entrance to the building. The exterior of the building was also modified slightly. The exterior materials continue to be primarily face brick and stucco, along with accents of rock-faced block. The loss of the individual stoops makes the building appear less pedestrian- friendly. In addition, the new exterior appears to have less detailing and ornamentation than the approved building. Bodmer reported that staff would like to see more work done on the exterior of the building to make it appear less stark, although the materials do appeaz to meet the City code requirements. However; with the size of the building, its proximity to adjacent residential and multiple family uses, and its prominent location on Cedar Avenue, the exterior design of the building should be more consistent with the buildmg that was previously approved. James Povolny, representing the applicant, stated that he thinks that the new elevation has been improved and enhanced and is better than the approved elevation. Povolny stated that the building has a marquis comer that is very pronounced. Povolny stated that the individual stoops were eliminated as a safety and security issue. Chair Edgeton commented that the retaining walls shown on the revised to elevations seem rather industrial. She would like to see the color of the retaining walls broken up. Commissioner Churchill added that she would like to see different variations of the retaining wall. Povolny stated that there would be more landscaping along the retaining walls which would make them appear less institutional. Chair Edgeton suggested that a landscaping plan approved by staff be one of the conditions for approval. The Commission did not like the aesthetics of the fence and suggested something different be done than what was pictured. Commissioner Schindler would like to see the sidewalk side of the project built up more with landscaping features, i.e., maybe benches. Overall, Schindler stated that he is comfortable with the revised elevations. Bodmer stated that if the Commission comfortable with the project, staff is recommending approval with the conditions brought forth at tonight's meeting. MOTION: Commissioner Churchill recommended, seconded by Schindler, to reauthorize the site plan/building permit authorization including the revised elevations for the two 43-unit condominium buildings, and that the applicant work with City staff to improve the look of the lower wall around the outside of the building and a landscaping plan approved by staff. The motion carried 6-0. C. Wal-Mart -CUP Amendment -Consider an Amendment to an Existing Conditional Use Permit to Allow for Display and Sales of Propane Tanks in the Outdoor Garden Center City Planner Tom Lovelace presented the request from Wal-Mart for an amendment to an existing conditional use permit to allow for the display and storage of propane tanks used for gas grills in the existing permanent outdoor garden center. Currently, only goods and products related to gardening and/or landscaping are allowed to be displayed in the garden center, making it necessary to amend the existing conditional use permit to include propane tanks. Lovelace reported the applicant is proposing to locate the propane tanks in the northeast corner of the garden center adjacent to a door that will provide for convenient tank pick-up. During the public hearing held on April6a`, the Planning Commission recommended that the propane tanks be relocated to an azea closer to the indoor garden center azea. Lovelace stated the applicant has relocated the tanks as the Commission recommended. Lovelace reported that staff is recommending approval of this item subject to the conditions listed in staff's report. Commissioner Helgeson stated that he would like to require that management be required to train all staff who handle the propane tanks. Lovelace stated that he would add that to staff's recommended approval. In addition, the Commission requested staff to remind Wal-Mart of the size limitation of the permanent garden center and the outdoor garden center as it relates to the addition of the propane tanks. The Commission is concerned about over-crowding. 11 MOTION: Commissioner Churchill moved, seconded by Helgeson, to recommend approval of an amendment to the outdoor garden center conditional use permit to allow for propane tank display within the outdoor garden center subject to the following conditions: • The conditional use permit shall apply to the property legally described as Lot 1, Block 1, WALMARTS FIl2ST ADDITION. • Such operations shall be conducted in conformance with the site plan dated April 15, 2005, on file at the City offices. • A maximum floor area within the outdoor garden center of 100 sq. ft. shall be devoted to propane tank display and storage. • All propane tanks shall be stored in locked steel-mesh cages, which shall be suitably anchored to the ground. Those cages shall be unlocked only to perform an exchange. • All propane tank exchanges shall be performed by a Wal-Mart staff person and shall be conducted in the outdoor garden center area. • "No Smoking" signage shall be installed to the satisfaction of the Fire Marshal. • Ongoing operations shall be in conformance with the City of Apple Valley Resolution No. 1997-274 and 2003-152 on file at the City Offices. • "No Propane Tanks Allowed/All Propane Tank Sales and Exchanges in the Outdoor Garden Center Only" signage shall be installed at all customer entrances.. • The City's Community Development Director shall be informed of management changes within 15 days of such change to provide an opportunity to review all conditional use permit conditions with the new manager to ensure ongoing compliance. • Management shall train all employees who handle propane exchanges on the correct procedures for the exchange. The motion carried 6-0. D. Eastwood Ridge 2"d Addition -Consider Rezoning from "R-1" (Single Family Residentiall40,000 sq. ft. lots) to "R-2" Single Family Residential /18,000 sq. ft. lots) and "R-3" (Single Family Residentiall11,000 sq. ft. lots) and Subdivision of a 10.5 Acre Parcel Into 21 Single Family Residential Lots City Planner Tom Lovelace presented the request from Diedrich Builders and Leonard Giannetti for a rezoning from "R-1" (Single family residential/min. lot area of 40,000 sq. ft.) to "R-2" (Single family residentiaUrnin. lot area of 18,000 sq. ft.) grid "R-3" (Single family residentiaUmin. lot area of i 1,000 sq. ft.). The applicant is also requesting subdivision of a 10.49 acre site into 21 single family residential lots, a front yard setback variance for Lots 7 and 18, a side yard setback variance for Lot 21 and a variance from the maximum allowed street grade for Garrett Court. 12 A public hearing for this item was held on February 16, 2005. Lovelace included a copy of the comments received during the public hearing along with staff s response. Lovelace reported that the rezoning and subdivision request would allow for the construction of 21 single family dwellings on a 10.49 acre site. The site is the current location of a single family dwelling. The subdivision request calls for the platting of the east 5.27 acres into 10 single family lots ranging in size from 18,000 to 25,952 sq. ft. Sixty feet of right of way for a public street with a cul-de-sac design that would intersect with Galaxie Avenue would be platted as part of this subdivision request. The west 5.22 acres will be platted into 11 single family lots ranging in size from 11,664 to 28,638 sq. ft. The proposed public street to serve the most westerly lots will have a street right-of--way width of 60 feet, which will extend existing Garrett Avenue from the south and terminate into a cul-de-sac. A small gap of land 5 to 8 feet wide located between the east lot lines of Lot 12 and 14 and existing Galaxie Avenue will be platted as right away for Galaxie Avenue. Lovelace reported the applicant is requesting 3 variances. The first request is to allow for a reduced front yard setback of 10 feet to allow for dwelling units on Lots 7 and 18 to be constructed 20 feet from the front property line instead of the minimum required 30 feet. The second request is to allow for a reduced side yazd setback of 5 feet to allow for the dwelling unit on Lot. 21 to be constructed 15 feet from the side property line abutting Garrett Avenue instead of the minimum 20 feet. The third request is to allow fora 20% increase from the 8% maximum street grade for the east/west section of Garrett Court. Commissioner Hadley asked if a utility easement can be located in a conservation easement. Lovelace responded yes it could. Hadley questioned whether or not staff is concerned about the height of some of the retaining walls. Lovelace stated that in his opinion, the height of the walls could be reduced if tuckunder garages were built on the site. Colin Manson, Assistant City Engineer, stated that the retaining walls will be maintained by the developer. Manson also felt that the walls would not be any higher than indicated in a worst case scenario. Lovelace reported that staff is recommending approval of this project. MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval of the rezoning of the east 5.27 acres of the 10.49 acre parcel from "R-1" (Single family residentiaUmin. lot area of 40,000 sq. ft.) to "R-2" (Single family residentiaUmin. lot azea of 18,000 sq. ft.) and the remaining 5.22 acres from "R-1" (Single family residentiaUmin. lot area of 40,000 sq. ft.) to "R-3" (Single family residentiaUmin. lot area of 11,000 sq. ft.). The motion carried 6-0. MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval of the preliminary plat for the Eastwood Ridge 2°a Addition, subject to the following conditions, which shall be incorporated into a subdivision agreement to be 13 considered for approval at the time of submission of the request for final plat approval. • Outlot A shall be eliminated and the property within the former outlot shall be incorporated into Lot 1, Block 1, Eastwood Ridge 2°a Addition. • Drainage and utility easements shall be dedicated over all ponding areas within the development. • Conservation easements in accordance with the submitted plan shall be dedicated to the satisfaction of the City over all ponding areas, and in the rear of Lots 7, 8, 17, and 18, subject to the extension of the easement on Lots 7 and 8 to their north lot line. • Conservation easement areas shall be permanently identified in accordance to specifications set forth in the Natural Resources Coordinator's memo dated April 1, 2005. • All retaining walls shall be located outside any publicly dedicated drainage and utility or conservation easements. • Sidewalks shall be installed on both sides of all public streets within the Eastwood Ridge 2°a Addition. • A variance of 2% for the required maximum street grade of 8% for a local street shall be granted to allow for a section of street that serves Lots 1-6 and 18-21 to have a 10% grade, as indicated on the preliminary grading plan dated March 29, 2005. • A front yard setback variance of 10 feet shall be granted for Lots. 7 and 18 to allow for construction of dwelling units up to 20 feet (20') from the front property line subject to the condition that the dwelling unit and garage shall be designed and constructed in a manner that will allow for the installation of a driveway with a minimum length of 30 feet from the property line abutting the street to the front of the garage/dwelling. • Aside yard setback variance of 5 feet shall be granted for Lot 21 to allow for construction of a dwelling unit up to 15 feet form the side property line abutting the public street. • The petitioner shall prepare a Natural Resources Management Plan (NRMP) that shall be reviewed by the City Council. The plan shall designate house pad locations, all grading limits, and conservation easement areas and shall include any revisions per the Assistant City Engineer's memo dated March 31, 2005. • The petitioner shall submit a landscaping plan that identifies the size, type and location of all trees to be planted as part of their tree mitigation requirement, which shall be reviewed and approved by the City Councii and attached as an exhibit io the approved deveiopment agreement. The motion carved 6-0. 14 E. Legacy of Apple Valley Shops -Site P1anBuilding Permit Authorization to Allow for Construction of a 44,000 sq. ft. Two-story Commercial Building on a 1.1 Acre Lot Mazgazet Dykes presented the request from Legacy Holdings-AV, LLC, for site plan/building permit authorization for an approximately 44,800 sq. ft. mixed use commercial building to be located on the southeast corner of Galaxie Avenue and 153`a Street West. The subject site is part of The Legacy of Apple Valley commercial phase. Dykes reported the site plan shows one, two-story multi-use building of approximately 44,800 sq. ft. that will be a mix of retail and general office uses. The retail uses will be located on the first floor and tota125,550 gs.f. The offices uses will be located on the second floor and total 19,250 gs.f. The building is "L" shaped and turns the comer of Galaxie Avenue and 153' Street West. The building is double-loaded as required by the Central Village Plan. The plans show the building is set back 15 feet from the west property line and 10 feet for the north property line. Dykes reported the building has a pedestrian walkway through its center. The plaza contains two pergolas and benches. There are decorative walkways from the building to the City sidewalks on Galaxie Avenue and 153`a Street West. Access to the site is gained from 153'a Street W. to the north and Founders Lane to the south. The revised site plan shows that the existing 275-space surface parking lot serving the entire Legacy commercial phase will be reconfigured and 5 parking spaces will be added so that the total surface spaces will be 280. The site plan also indicates a 79 space underground garage that is to be used exclusively for the tenants of the second-story offices, and possibly some of the owners of the retail space. The gazage is 10 feet in depth and there are two 6-foot retaining walls on the north and south sides of the garage entrance drive. The driveway entering the garage has a 12% slope, which is steep, but will be heated. The total number of parking spaces available to the entire Legacy commercial area, including surface, garage, and on- street is 385. A shared pazking model shows there will be a peak demand of 387 parking spaces during the weekday lunchtime. Staff is comfortable with the shared parking model. The building has a pedestrian walkway through its center. Staff is working with the applicant to gain an easement for the City so that the public will have access to this walkway during normal operating hours. A trash enclosure is located on the east side of the building adjacent to the pazking lot. The revised plan shows signage prohibiting parking in the 4 spaces closest to the trash enclosure when waste pickup is scheduled. A loading area is not indicated on the plan. It is expected that most deliveries will be done in the morning hours before the peak demand for the parking lot spaces. Staff is requesting that there be signage limiting parking in those spaces closest to the building during the hours when the majority of tenants will have their deliveries. 15 The site plan includes a site lighfing plan that shows there will be decorative wall- mounted lighting fixtures on both sides of the building. The wall-mounted fixtures will provide ambient lighting and also provide lighting for pedestrians. The City Engineer has reviewed the plan and has several outstanding issues. His issues are outlined in a memo to the Commission. The City Engineer is most concerned about the excavation of the site and the potential impact to both existing and future City infrastructure. Dykes stated that staff is recommending approval of the project. MOTION: Commissioner Melander moved, seconded by Helgeson, to recommend approval of site plan building permit authorization for an approximately 44,800 sq. ft. two-story mixed use building as shown on the revised plans dated April 8, 2005, and received in city offices on April 11, 2005, subject to all applicable City codes and the following conditions: There shall be no more than 25,500 gross square feet of retail uses on the first floor, and 19,280 gross square feet of office uses on the second floor. • No building permit shall be issued until the final plat for The Legacy of Apple Valley 5th Addition is filed with Dakota County, and all the conditions of the required executed Development Agreement have been met by the applicant. • No building permit shall be issued until a Natural Resources Management Permit has been approved by the City Council. As part of the NRMP, a traffic control plan for site grading shall be submitted, and reviewed and approved by the Public Works Director and City Engineer. Also, an erosion control plan for the stockpiled material shall be part of the NRMP. • The developer shall post a financial security to the satisfaction of the City to ensure that the City has the means to repair or replace any City infrastructure damaged by the excavation or construction of the proposed building and garage. • Any costs associated with delays or changes to City projects along Galaxie Avenue and 153rd Street West shall be borne by the developer. • No building permit shall be issued until the City Engineer has reviewed and approved a staging plan, footing plan, piling plan, and firll structural engineering plans. Caze shall be taken that footings for the garage not be located in the drainage and utility easements abutting Galaxie AVen~»e and 153rd Sweet W. • All retaining walls shall be designed by a registered structural engineer and the designs shall be reviewed and approved by City staff prior to issuance of a building permit. 16 • The landscape plan dated Apri18, 2005, shall be modified to address the comments of the Natural Resources Coordinator's memo dated April 15, 2005. • A nursery bid that confirms the landscape materials, irrigation system, decorative paving and other common azea amenities meet or exceed 2%z percent of the value of the construction of the building based on Means Construction Data shall be submitted and reviewed and approved by City staff prior to the issuance of a building permit, with the exception of a footing and foundation permit. An irrigation plan shall be part of this submission. • There shall be a minimum of 280 surface parking spaces on deck and 79 garage parking spaces. Cross-access and cross-parking, and joint ownership agreements for the pazking lot located on Lot 1, Block 1, The Legacy of Apple Valley 3'~ garage shall be executed and recorded with the final plat. The subject agreements shall be submitted to the City for verification prior to release of any building permits. Such agreements shall not be amended or terminated without prior written approval by the City. • No Certificate of Occupancy shall be issued until the developer or future property owner(s) have dedicated a public easement for pedestrian access through the building at the Galaxie Avenue/153rd Street juncture. Such easement shall allow public access during normal business hours through the building in a dedicated location, and shall not be terminated except by authorization of the City Council. • A master sign plan shall be submitted for review and approval by City staff prior to the issuance of a Certificate of Occupancy. • An emergency vehicle access plan for the underground garage shall be submitted for review and approval by City staff prior to the issuance of a Certificate of Occupancy. The motion carried 6-0. 7. OTHER BUSINESS None. 8. ADJOURNMENT MOTION: Commissioner Hadley moved, seconded by Schindler, to adjourn the meeting at 10:30 p.m. 17