HomeMy WebLinkAbout05/04/2005CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
MAY 4, 2005
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, Tim Burke and David Schindler
Members Absent: None
Staff Present: Community Development Director Rick Kelley, 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. Community Development
Director Rick Kelly stated that Item 4.A. CONSENT ITEMS, Kompelien Setback
Variance, should be moved to Item 6.F. LAND USE/ACTION ITEMS. Chair Edgeton
called for approval of the amended Agenda.
MOTION: Commissioner Hadley moved, seconded by Churchill, to approve the Agenda as
amended. The motion carried 7-0.
3. APPROVAL OF MINUTES OF APRIL 20, 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 Apri120, 2005, meeting. The motion carried 6-0, with Commissioner Burke abstaining.
4. CONSENT ITEMS
None.
5. PUBLIC HEARINGS
A. Hebert CUP -Consideration of a Conditional Use Permit to Operate a
Basketball Training Facility
Chair Edgeton opened the public hearing with the standard comments.
City Planner Kathy Bodmer presented the request from Brian Ammann and Mark
Hebert for a conditional use permit (CUP) for operation of a basketball training
facility in a 3,000 sq. ft. suite within the Apple Valley Office Warehouse building at
5708 147' Street West.
Bodmer reported the CUP is requested to operate a basketball training facility in the
Apple Valley Warehouse building located on the southwest corner of 147a' Street
and Energy Way. The training facility will be operated in a single 3,000 sq. ft. suite
within the 30,000 sq. ft. multiple tenant building. The basketball training facility
would be located in Suite 110, which is on the east end of the building. No changes
to the building or the site are requested in conjunction with this CUP request.
Bodmer reported the applicant states that the facility will provide training for 6-8
students at a time, with a maximum of 15 students in the facility at any one time.
During the school year, the majority of instruction will take place from 4:00 pm -
9:00 pm, Monday through Friday. On Saturday and Sunday, the instruction will take
place between 9:00 am and 6 pm and in the summer, instruction will occur between
8:00 am and 6:00 pm, Sunday through Saturday.
Pazking requirements for this use are based upon the maximum occupancy load of
the recreational area and the size of the office azea. The maximum occupancy of the
recreation area is 45 people which requires a total of 15 parking spaces. The office
area is 752 sq. 8. which requires a total of 5 pazking spaces. Twenty total parking
spaces are required for this site. The original pazking calculation based upon the
office/warehouse/manufacturing layout would have required 17 spaces for the suite,
which is 3 spaces short of the required spaces for this site. Bodmer reported that
although the pazking is 3 spaces short, the calculation is based upon maximum
capacity and not actual use. In addition, the peak use times for the facility will be
opposite of the peak use times of the other uses in the building.
The Apple Valley Warehouse building lies within the "BP" (Business Park) zoning
district. A CUP must be obtained in order to operate a swim and fitness clubs,
exercise and similar commercial recreation facilities when contained within a
building in the "BP" zoning district. Bodmer stated that this allows the City to
review the proposed facility and place reasonable conditions upon it to ensure it does
not negatively impact adjacent properties.
Brian Ammann, the applicant, stated that he plans to give individual and small group
basketball training at the facility. Ammann stated there will be 10 students or less in
the facility at any given time.
Chair Edgeton asked if anyone from the public would like to address the
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Ken Franzen, 14555 Europa Avenue, stated that he is concerned about the increase in
traffic. Franzen resides in a building near the subject site that is for retirees. He is
concerned the children will be cutting through his yard to get Yo the proposed
basketball training facility. Ammann responded that the facility will have between
2-4 students per hour over a 4 hour period and that students will be at the facility for
1-2 hours. Commissioner Churchill commented that she understand Franzen's
concerns, however, with the future Wirsbo Expansion, 147th Street is expected to be
punched through which would alleviate some of Franzen's concerns. Chair Edgeton
asked staff how much traffic could be handled on 147th Street. Bodmer responded
that 147th Street is a collector road and that it can handle 20,000 vehicle trips per day.
George Geiger, 14596 Europa Way, is concerned about how he is going to get in and
out of his development with the increase in traffic. Geiger commented that the
traffic from the nearby Questaz building also adds to the traffic volume.
Chair Edgeton asked Bodmer if staff have a concern about traffic in the subject azea.
Bodmer stated that staff does not have any concerns. Commissioner Melander stated
that the neazby residents need to be aware that the subject site will fill up with some
kind of tenant and the situation could actually be a lot worse with a more intensive
use other than the basketball training facility.
Mark Hebert, the applicant, stated that in his opinion, the basketball training facility
will not have any adverse impact on traffic. Bodmer added that an industrial use is
also a low traffic generator.
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 of
its public hearing. However, staff requested action be taken this evening if there are
no outstanding issues. Chair Edgeton asked the other members of the Commission if
they felt comfortable taking action tonight in light of the comments received by the
public. The consensus of the Commission and staff was that this proposal would
have no adverse impact on traffic in the area.
MOTION: Commissioner Melander moved, seconded by Burke, to recommend
approval of a conditional use permit to operate a basketball training facility in the
3,000 sq. ft. Suite 110 of the Apple Valley Wazehouse building at 5708 147th Street
West. The motion passed 7-0.
B. Cobblestone Pond -Consider Rezoning of a 25 Acre Parcel from "SG" (Sand
and Gravel) to "PD" (Planned Development); Subdivision of Land to Create 115
Lots and 2 Outlots, and Site Plan/Building Permit Authorization to Allow for
the Construction of 185 Townhomes
Chair Edgeton opened the public hearing with the standard comments.
Crty Planner Tom ri.^v ~'eiae°v pra°.Sented u e request from Tradition DeVeivp.:.eiti ~vr a
rezoning from "SG" (Sand and Gravel) to "PD" (Planned Development), preliminary
plat that will subdivide two unplatted parcels into 115 multi-family residential lots
and two (2) outlots. The applicant is also requesting site plan building permit
authorization to allow for the construction of 185 townhouse dwelling units on
approximately 18.14 acres of a 25 acre site. The unplatted parcel is located at the
northeast corner of Pilot Knob Road and future 153rd Street West.
The Comprehensive Plan 2020 Land Use Map designates the site "MD" (Medium
Density Residential, 6-12 units per acre). This request is in conformance with the
existing map designation and the goals and policies of the Plan. The net units per
acre for this proposal is 10.
Lovelace reported the rezoning will require the preparation of an ordinance specific
to this project. The rezoning would establish permitted, conditional and accessory
uses, as well as area requirements for performance standards for the proposed
development project.
The site plan indicates the construction of eight 4-unit single loaded townhouse
buildings, five 5-unit single loaded townhouse buildings, seven 6-unit single loaded
townhouse buildings, nine 6-unit townhouse dwellings, and four 8-unit back-to-back
townhouse buildings. Lovelace recommended that the building on Lots 3-7 should
be flipped so that the main entrance faces the public street. Lovelace will also be
meeting with the City's Fire Marshal to make sure adequate turnarounds are
available for emergency vehicles.
Commissioner Hadley asked about the view from the private streets in the single -
loaded buildings. It appears one would be viewing the garage side of the dwelling.
Lovelace stated that is correct: Chair Edgeton asked if decks were on the units.
Lovelace stated that there are decks overhanging the garages.
Each dwelling unit will have atwo-caz garage and a driveway that should be able to
accommodate parking of two vehicles. Seventy-seven on-street and 38 off-street
parking spaces will be provided for guests. The number of pazking spaces exceeds
the minimum parking requirements established by code. Commissioner Churchill is
concerned about the driveways corning off of Private Street E and the lack of
additional parking. Lovelace stated that the applicant can elaborate on parking
further but the parking does meet the City requirements.
Access to the site will be via one way private street and pubic street connection to
153rd Street West. The easterly intersection is proposed to be constructed as a full
intersection and the westerly intersection will be a right tum in/out only. Public
Street A will ternunate at the site's north boundary line to allow for the further
extension of the street as development occurs on the vacant property north of the site..
Access to the dwelling units will be via a combination of pubic and private streets
and drive.
The eleyatrans u.d'eate t`7!.^, t-~es .^.f exte.^.cr luush iuate.^.als lvr Buie Smgie-ivaded
buildings. Brick will be used for the base of the buildings, with the remainder of the
building having a composite lap siding finish. Decorative shutters and lintels will
accent the windows. Staffwould like to see a greater use of brick or decorative
stone. In addition the applicant needs to submit rear and side elevations of the
building.
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The elevations for the back-to-back buildings indicate a variety of exterior finish
materials including lap siding, shakes, and ledgerock, with siding being the primary
material. The side elevations appear to be bland and monotonous. There is trim
around the windows but it does not appeaz to be providing enough relief. Staff
recommended the elevations be revised to offer more material variety.
The Natural Resources Coordinator has reviewed the preliminary landscape plans
and his comments are included in a memo to the Commission. The landscape plan
should be revised per the Coordinator's comments.
A comprehensive network of internal sidewalks are proposed for this site. The plan
indicates connections to the pathway along 153aa Street West, but none to Pilot Knob
Road. Sidewalk connections should be made to the pathway to the future pathway
and a sidewalk should be installed along the east side of Public Street A.
Lovelace reported several retaining walls are proposed to be constructed throughout
the site. The applicant will need to indicate the height and type of walls.
The Assistant City Engineer has reviewed the grading and utility plans and his
comments were included in a memo to the Commission.
Chair Edgeton asked if this project is outside of the design guidelines of Cobblestone
Lake. Lovelace responded that it is not within the planned development of
Cobblestone Lake, although it has the same developers. Some standards will remain
the same as the Cobblestone Lake planned development such as not using vinyl
siding, some of the setbacks, etc. Edgeton questioned why the applicant is
requesting a planned development versus amulti-family residential zoning district.
Lovelace responded a planned development will give the developer more flexibility,
and, in addition, the proposed plan might not meet the multi-family zoning district
criteria.
Molly Bruenig, representing the applicant, stated that the reasons the driveways are
coming off of the private streets is because they would like the focus of the units to
be on the open area, the park, and the main public street. Commissioner Schindler
stated that while he is normally not in favor of the garages facing the private street,
he can see where in this particulaz plan it might not be a bad idea in order to give a
better view for the residents along 153rd Street.
Chair Edgeton stated that she is concerned that the elevations on the back-to-back
units seem so garage prominent. Bruenig stated that the gazages might not appear so
prominent once the colored renderings aze available. Commissioner Hadley
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continue working with Pulte Homes to add more variation of materials. Rob
Wachholz explained the building elevations in more detail to address some of the
Commission's concerns.
The Commission did not have any issues with the elevations of the single-loaded
dwelling units. Commissioner Churchill asked if the single-loaded units had a back
entrance for guest to enter. Wachholz stated that guest can enter only through the
front entrance and that sidewalk connections have been made to accommodate front
entrances. Commissioner Churchill asked if any thought was given to underground
parking, particulazly along 153`d Street. Wachholz stated that it would take a higher
density building in order to make underground parking cost effective.
Commissioner Melander asked how long the gravel operations will continue once
these units are built and occupied. Wachholz stated that the gravel operations are
rapidly approaching finish and the operations won't pose a nuisance with this
development. Lovelace added that gravel mining operations should cease once the
reconstruction of Pilot Knob Road is complete.
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.
It is the policy of the Planning Commission not to act on an item the same night as
its public hearing. Lovelace reported that staff will continue working with the
applicant on the issues brought forth by the Commission and public.
C. Cobblestone Lake 5`h Addition -Consider Rezoning of a 3.6 Acre Parcel from
"A" (Agricultural) to "PD" (Planned Development), Subdivision of Land to
Create 7 Lots and 1 Outlot, and Site Plan/Building Permit Authorization to
Al-ow for the Construction of 30 Townhomes
Chair Edgeton opened the public hearing with the standard comments.
City Planner Tom Lovelace presented the request from Tradition Development for a
Comprehensive Plan Land Use Map amendment from the current designation "P"
(Institutional) to a "MD" (Medium Density ResidentiaU6-12 units per acre)
designation, a rezoning from "A" (Agricultural) to "PD-703/zone 3" (Planned
Development. The applicant is also requesting preliminary plat that will create 71ots
and 1 outlot, and. site plan building permit authorization to allow for the construction
of 30 townhouse dwelling units on approximately 2.97 acres of a 3.55 acre parcel.
The unplatted parcel is located at the southeast corner of Eagle Bay Drive and old
Dodd Boulevazd.
The Comprehensive Plan Land Use Map currently designates this proposed
development site "P" (Park), which was intended for park and open space purposes.
In 2001, this property's designation was changed form "NS" (Neighborhood Service)
to "P" (Pazii~ wiYri i'ne intention that this parcel would be combined with the Apple
Valley East Pazk, an 11.6 acre public park. Lovelace reported the applicant has had
a change of heart and now feels that the proper use for the property would be
medium density residential.
Lovelace reported that dedication of this site for park purposes was not part of the
park dedication requirements for Cobblestone Lake. That will be satisfied through
the dedication of land adjacent to Cobblestone Lake Pond.
The applicant is requesting a rezoning of the property from "A" (Agricultural) to
"PD 703/zone 3" (Planned Development) which allows for multi-family townhomes
as a permitted use. This planned development is part of the Cobblestone Lake
development and this project would be subject to the area design standards and
requirements set forth in this planned development. Lovelace reported that the
proposed development will have some difficulty meeting some of the requirements
in Zone 3. In order to meet the requirements, either the proposed development plans
will have to be changed or the planned development amended.
Lovelace reported the site is currently an unplatted parcel. The applicant is
proposing to plat the 3.55 acre parcel into 71ots and 1 outlot. Six lots will vary in
size from 6,180 sq. ft. to 9,420 sq. ft. for the construction of one 4-unit, four 5-unit,
and one 6-unit townhouse buildings. The remaining lot; Lot 7, will be used for a
variety ofpurposes that include common open space, guest parking spaces, and
private streets/drives. The density for this project will be 10 dwelling units per acre.
The plan identifies an outlot (outlot A) in the southwest corner of the site. The
petitioner has not indicated what use this outlot is intended for and staff is concerned
that it does not appear that it has the ability to be replatted for development.
Lovelace is recommending that the outlot be incorporated into Lot 7.
Access to the site will be via two private street connections to 153rd Street West. The
most northerly intersection ifproposed to be constructed as a full intersection, which
will require the removal of an existing concrete median on 153`d Street West. The
south intersection will be a right turn in/out only. Access to the individual dwelling
units will be via a 24-feet wide private street, and private drives that will be 20 feet
wide.
Each dwelling unit will have atwo-car garage and a driveway that should be able to
accommodate two vehicles. Both the garage and driveway meet City code. Fifteen
guest parking spaces are proposed for the development at a rate of/z space/unit,
which is the minimum required.
The applicant is proposing a network of internal sidewalks with connection to
sidewalks and pathways adjacent to public streets.
Several boulder retaining walls are indicated along the northwest property line. The
plans do not indicate the height of these walls.
Staff has identified several issues that relate to the site plan. They are as follows:
• The sq. ft. of land per unit for this proposed development is
approximately 4,300 sq. ft. The planned development requires a
mixumum of 5,200 sq. ft. of land per unit. This will require a
reduction in the number of units proposed.
The side yard setbacks between the three south buildings aze 20 feet.
The planned development requires a minimum of 25 feet between
multiple dwellings. The lots and buildings should be adjusted
accordingly.
City code requires that pazking adjacent to the curb shall have a
minimum distance of 18.5 feet. Revisions should be made to the
length of the guest parking spaces.
The location of the private drive to serve Lot 1 may end of
functioning as a private street. Therefore, it should be increased to 24
feet.
The City Engineer has reviewed the grading plan and his comments were included in
the Commission's packet.
The proposed exterior finish of all six buildings will be lap siding with decorative
siding gable ends of the roof. A roof treatment and decorative columns will be used
at the entrances of each dwelling unit. A similar decorative column will be used for
support for each unit's second floor deck located at the rear of the building. The
applicant has also attempted to break up the massing of the buildings through the use
of bay windows, decorative sills and headers, windows shutters, and width of lap
siding. The front elevation will have a small cover stoop and roof gables to break up
the front elevation. The rear elevation has some minor undulating in an effort to
break up the massing. Staff has identified several elevation issues that related to the
planned development. They are:
• The planned development requires that the main entrance to the
primary dwelling unit shall face the street. The main entrance of all
buildings (except Lot 1) have the main entrance on the opposite side
of the street or drive. In addition, there is not an outside entrance
from the reaz of the units.
• The planned development has a maximum height of 35 feet for
buildings constructed in Zone 3. Staff is unable to determine the
height of the buildings.
• The planned development prohibits the use of vinyl, steel, and
aluminum as an exterior finish material. The applicant will need to
identify the exterior finish material.
Lovelace is also recommending that the applicant seriously consider adding brick or
stone as an exterior finish material in an effort to add more variety to the buildings.
The Natural Resources Coordinator has reviewed the preliminary landscape plans
and his comments are included in a memo to the Commission. The applicant should
make the revisions included in the Coordinator's memo.
Chair Edgeton stated that her main concern is that the entrance to the primary
dwelling units does not face the street as stipulated in the planned development.
Lovelace responded that most of the units do face a public or private street and that
the ordinance does not distinguish between the two. Lovelace stated that the units
aze focused more on the green space and open areas. Edgeton responded that she
does not feel that this meets the spirit and intent of the ordinance. Rob Wachholz,
representing the applicant, commented that if the units were flipped around where
the main entrance faces the street, the neighboring residents in Cobblestone Lake
would be looking at the garage side of the dwelling unit.
Edgeton asked if this pazcel is part of the Cobblestone Lake development. Lovelace
stated that it is owned by Tradition but was not part of the original plat.
Commissioner Churchill stated that this design does not meet the requirements of the
planned develop and she is concerned about incorporating it into the existing planned
development. Lovelace stated that in order for this to fit into the existing "PD
703/zone 3", two or three units would have to be eliminated and the units would
have to have front and reaz entrances.
Commissioner Churchill asked Wachholz if there was any guest parking. Wachholz
pointed out small pockets of guest parking on the plan. Commissioner Schindler
questioned if this might be a project to consider underground pazking. Wachholz
stated that the project would have to be more dense in order for underground parking
to be an option.
Relative to changing the ordinance, Commissioner Schindler stated that. he would not
feel comfortable changing the ordinance to meet one project, particulazly considering
the amount of time that staff, the Commission, Council, and developer spent
developing the ordinance. Chair Edgeton and Commissioner Churchill concurred.
Chair Edgeton suggested staff determine what zoning district this project would fit in
and report back to the Commission.
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.
It is the policy of the Planning Commission not to act on an item the same night as
its public hearing. Lovelace reported that staff will continue working with the
applicant on the issues brought forth by the Commission and public.
6. LAND USE/ACTION ITEMS
A. Wirsbo Expansion -Consider Rezoning of 18.7 Acres from "I-1" (General
indiiStriaij t~ ""rI-°o" ~i~ilitipic Faifiiiy Residentiai/i~ 24 un3tS per acrej,
Subdivision of 38 Acre Parcel into Two Lots, and Site PlanBuilding Permit
Authorization to Allow Construction of a 41,000 sq. ft. Addition to the Existing
Wirsbo Building
Tabled at the request of the petitioner.
B. Goddard School -Consider Subdivision of a 2.62 Acre Parcel Into Two Lots
and Site Plan/Building Permit Authorization to Allow for Construction of an
8,200 Daycare Center
Associate City Planner Margaret Dykes presented the request from RJ Ryan
Constructors/Revestors Group 1, For minor subdivision, site plan review/building
permit authorization for a daycaze facility. The applicants are also requesting a
building height variance.
Dykes reported the property is currently platted as Outlot A, Blomquist 1st Addition.
The applicant wishes to subdivide the existing 2.83 acre parcel. The preliminary plat
indicates one lot totaling approximately 1.2 acres and one outlot totaling
approximately 1.6 acres. A final plat must show two (2) platted lots because Outlot
A could not be subdivided and should be platted as a lot.
Dykes reported the applicant is proposing an 8,251, sq. ft., one-story daycare facility
on the proposed Lot 1. The building and parking areas meet all required setbacks
and building coverage limits. 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.
There aze two driveway cuts to facilitate traffic flow typical of daycare facilities.
The double driveway design allows parents to pull up to the curb, drop off their
children and turn out onto 147th Street W. Dykes stated the double driveways are
slightly offset from the Wal-Mart truck driveway that intersects with 147th Street W.
The City's Traffic Consultant has reviewed the proposal and does not have any
issues with the spacing of the driveway or the double curb cut because of the low
traffic volume generated by the proposed daycare.
The trash enclosure has been relocated to the southwest side of the building,. The
plan shows that the enclosure will be constructed of the same materials as the
building as is required by City Code. A concrete pathway is shown around all sides
of the building. However, the site plan does not indicate any connection to the
internal sidewalks to the 147th Street W. sidewalk.
The plan indicates afour-foot high Cedar fence which will enclose the play area.
The Planning Commission had recommended that maintenance-free fencing be used,
but due to the cost of the materials, the applicant has chosen to use Cedaz.
The City Engineer has reviewed the grading plan and still has some minor
outstanding issues that can be easily corrected by the applicant. Acquisition of
drainage arid utility easea:aents iur tale Stoaiu Scwcr pipe i5 tl'ic rcSpvnsibiiiiy of iiae
applicant. Dykes has informed the applicant that there will be no weekend
constmction hours.
The Natural Resources Coordinator has reviewed the landscape plan and states that
the infiltration azea must be seeded with a native wetland species. In addition, the
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applicant must confirm that the landscaping materials, excluding sod, equals 2.5% of
the cost of the building materials based on Means Construction Data
The building elevations show a 29-foot high structure, which is beyond height of 20
feet allowed by the zoning code. The building is composed of brick veneer, which
meets the zoning code requirements. The roof is hipped with dormers on both the
east and west elevations. The elevations also show the use of vinyl siding on the
dormers located on the east and west sides of the building, but still does not show the
use any other building materials. Dykes stated that it is staff's opinion that another
building material such as stucco would add visual interest to the building and help
blend with surrounding commercial and residential structures.
A variance was requested to allow an increase the maximum height of the building:
The planned development zoning district allows a maximum height of 20 feet. No
hardship has been presented, nor in staff s opinion, does one exist. Although there is
no hardship, the City could grand a variance based on the reasoning that it is in
keeping with surrounding properties. Three other buildings located close to the site
are almost the same height as the proposed school. One of the buildings, The
Bakken Professional Building, was granted a height variance and is the same height
asthe proposed.
Commissioner Helgeson asked if the building were on a corner lot, would variation
of building material be necessary. Dykes responded that the building meets City
code but does not fit into the neighborhood, particularly since there is a nearby
residential area.
Doug Anderson, representing the applicant, stated that they are resistant to using
stucco because of water problems. Chair Edgeton responded that the building
material does not have to be stucco. Anderson stated that he was asked by staff only
about stucco and didn't know he had the option of using other building materials.
Brian Trombley, also representing the applicant, did not agree with the Commission
that another building material is necessary. The consensus of the Commission was
that if the applicant is not willing to use another material to add variation to the
building, they are hard pressed to justify granting a height variance. The applicants
stated that they would work with staff to vary the building materials.
MOTION: Commissioner Churchill moved, seconded by Helgeson, to recommend
approval of a minor subdivision for The Goddard School Addition creating one lot
totaling 1.2 acres and one lot totaling 1.6 acres, subject to adhering to applicable city
codes and the following conditions:
The final plat shall be revised to show two (2) lots and zero (0) outlots.
Aii necessary arainage and uriiiry easements per the City's Engineer's
memo of April 14, 2005, shall be acquired by the applicant and/or future
property owners. Such easements shall be filed with the final plat at
Dakota County and proof of acquisition and filing of the final plat shall
be submitted to the City.
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The motion passed 7-0.
MOTION: Commnissioner Churchill moved, seconded by Helgeson, to recommend
approval of the site plan building permit authorization to allow for the construction
of an 8,521 sq. ft. single-story daycaze facility building to be located on the proposed
Lot 1, Block 1, The Goddard School Addition as shown on the submitted revised
plans, with the exception of the building materials, dated Apri127, 2005, subject to
adhering to applicable city codes and the following conditions:
• No building permit shall be issued until the final plat for The Goddazd
School Addition is filed with Dakota County, and proof of filing is
submitted to the City.
• There shall be a pedestrian connection from the sidewalk on 147' Street
W. to the subject building.
• The grading plan shall be revised to comply with the comments in the
City Engineer's memo dated Apri127, 2005.
• The landscape plan shall be revised to comply with the comments in the
Natural Resources Coordinator's memo dated Apri129, 2005.
• A building sprinkler system must be installed that conforms to City
standards.
• The building elevations shall be altered to include a minimum 3' high
wainscoting of stone or some other material consistent with sunounding
residential uses be applied to all sides of the building.
The motion passed 7-0.
MOTION: Commissioner Churchill moved, seconded by Helgeson, to recommend
approval of a variance increasing the height of the building from the required 210
feet to 29 feet, subject to the petitioner successfully working with City staff on the
design and approved by City staff. Although a strict interpretation of the zoning
code finds that a sufficient hazdship does not exist, approval of a building height
variance will not have a significant impact on adjacent properties, and the granting of
the variance is in keeping with the spirit and intent of the zoning ordinance. The
approval of the variance is also based on the neighborhood character to counteract
the height of the building. The motion passed 7-0.
C. Nelson Variance -Front Setback to Allow for Front Deck
Associate City Planner Margaret Dykes presented the request from Chad Nelson for
a variance to reduce the front yazd setback from the required 30 feet to 18 feet to
accommodate a 12'x12' front deck.
The subject property is located at 15137 Dunbar Boulevard. The existing one-story
house was constructed in 1984, and the house is setback from the front property line.
Previous property owners constructed a front yard deck off of the front door. The
current homeowner says the deck was nine feet (9') in depth, and photos show the
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deck had hand railing and it sat 30 inches above grade. The front yard was graded to
accommodate the height of the deck. There is no evidence in the City's files that the
previous property owner received a building permit for the deck, so staff cannot
confirm the dimensions of the deck. The current owners, the Nelsons, purchased the
house in 1996. The deck was in violation of the zoning code. Mr. Nelson has
already removed the non-conforming deck because he states that some cement
pathways located under the deck caused water to seep into the basement of the
house.
Dykes reported that City code states that all structures, including decks, must meet.
the required setbacks listed in the zoning code. Front yard decks may, however,
encroach 8 feet into the front setback provided the deck is no higher than 18 inches
from grade and there is no hand railing. Mr. Nelson would like to reconstruct a front
deck with the same height as the old one, and also put hand railing on it. hi addition,
he would like to enlarge the deck to 12'x12' (144 sq. ft.). The deck would exceed
allowable encroachment by 4 feet, as well as exceed the height and hand rail
requirements.
In order to approve a variance, the City must fmd that "special conditions applying to
the structures or land in question are particulaz to such property, or immediately
adjoining property; do not apply generally to other land or structures in the district; .
..and that the variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable hazdship or difficulty."
Dykes stated that because of the existing grade of the site, the applicant must
construct some type of raised entry to the house. Staff would support such a
variance request since the existing grade of the front lawn and the location of the
front door necessitates some entry higher than 18 inches. In addition, staff would
support the use of hand rails since the deck would be 30 inches from grade and hand
rails would make the deck safer. Dykes stated that staff does not observe a hardship
justifying a vaziance for the dimensions of the proposed deck, though the City's
Comprehensive Guide Plan does encourage reinvestment in existing single family
residences, and the size of the deck will not adversely affect surrounding properties.
Dykes reported that staff review fords that there is a hardship created by the existing
grade of the front yard to justify the height and use of hand rails on a front deck.
Staff also believes that even though there is no hardship created to justify the 4 foot
encroachment into the front yard setback, the Commission does have discretion to
approve the variance if it finds that granting the variance would be in keeping with
the spirit and intent of the zoning ordinance.
MOTION: Commissioner Schindler moved, seconded by Churchill, to recommend
approval of a variance at i5 i 37 Dunbar i'sivd., to increase the height of a front deck
from the 18 inches up to 30 inches, and the installation of hand rails on the front
deck because of the existing grade of the front yazd and the location of the front
door. The motion carried 7-0.
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MOTION: Commissioner Schindler moved, seconded by Melander, to recommend
approval of a variance at 15137 Dunbar Blvd., to allow fora 12'x12' front deck to
encroach into the front yard setback by 4 feet reducing the front setback from the
required 30 feet to 18 feet because the variance is in keeping with the spirit and
intent of the zoning ordinance. The front deck shall be in conformance with the
plans received in City offices on Apri125, 2005, and comply with all applicable City
codes and policies. The motion carried 7-0.
D. Lebanon Park and Ride -Consideration of Site Plan/Building Permit
Authorization to Allow for the Construction of a Transit Station and 258-space
Parking Stalls
Community Development Director Rick Kelley presented the request from Dakota
County for site plan building permit authorization for a transit station. The station
would consist of a 800 sq. ft. building and 258 parking stalls (250 standard stalls and
8 handicapped stalls). The transit station is proposed to be located on the west side
of Pilot Knob Road bounded by future 157a' Street on the north and future 158th
Street on the south.
Kelly reported the transit station will be constructed in conjunction with the
reconstruction of Pilot Knob Road from a 2-lane rural highway to a 4-lane urban
highway. It is anticipated that bus transit service to the site will be provided by the
Minnesota Valley Transit Authority (MVTA), the joint powers transit organization
of which Apple Valley is a part of. Actual programming of service is contingent
upon funding availability.
Kelly reported the potential environmental effects from sand and gravel mining
activities on this site were previously evaluated in an overall Environmental Impact
Study (EIS) and found to be within the acceptable range of effects. The length of
mining activities would be restricted to 2 years and would fall within the guidelines
of the Comprehensive Plan. The fmal grades would match the final grades of the
adjacent properties which are presently being mined. Kelly stated that staff is
recommending approval of this project.
Commissioner Schindler asked why there was no landscaping on the east side of the
site. Kelly responded that it allows visibility to the transit station. In addition, Pilot
Knob Road will be widened to 61anes in the future and the applicant does not want
to incur the cost of installing landscaping and then removing it.
MOTION: Commissioner Burke moved, seconded by Melander, to recommend
approval of site plan building permit authorization for the Pilot Knob Transit Station
in accordance with the plans submitted Apri120, 2005, LLsub~~ject to revisions to the
Landscape Pian 111 aCCOrdaiiCG Vl~i 1 1G $Ll~',KGJI1Vr1J Vl the 1VTaL~Ar61 RGSOtLree3
Coordinator. The motion carved 7-0.
E. Hillcrest Acres, Lot 7 -Consideration of Site Plan/Building Permit
Authorization to Allow for the Construction of 3 Commercial Buildings
Totaling 39,210 sq. ft. in Building Area on an 8.5 Acre Lot
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City Planner Tom Lovelace presented the request from New World Enterprises, Ltd.,
for site plan building permit authorization approval to allow for the construction of
two 9,940 sq. ft. buildings and one 19,330 sq. ft. building on an 8.47 acre lot. The
site is located at the southeast corner of 1515` Street West and Foliage Avenue and is
part of the Hillcrest Acres development.
Lovelace reported that access to the site will be via driveways off a private external
street located directly adjacent to the north of the site from the Home Depot parking
lot, and off Foliage Avenue in the extreme southeast corner of the property. The site
will have 207 surface parking spaces.
The site has been graded as part of the mass grading for the Hillcrest Acres/Home
Depot development. Minimal grading will be needed prior to construction. All
necessary municipal utilities are available. The Assistant City Engineer has
reviewed the grading and utility plans and has identified some issues along with
recommendations to remedy the problems.. These recommendations should be
incorporated into the applicant's final grading and utility plans.
The proposed exterior materials and features aze incompliance with the planned
development ordinance and applicable city codes. The buildings are similar to other
existing buildings within the Hillcrest Acres development.
The site plan does not indicate the location of any of the buildings mechanicals.
Lovelace stated mechanicals need to be identified and properly screened in
accordance with city code.
The plan indicated an 8' high screen wall for the loading azea n the rear of Building
"C". The elevation for this building indicates a 12' high screen wall. Lovelace
stated the wall should have a minimum height of 12' and should be constructed of
the same exterior finish materials as the building.
Lovelace reported that the materials of the three trash enclosures, one for each
building, need to be consistent with the architecture of the building with similaz
finishes and colors.
The landscape plan was reviewed by the City's Natural Resources Coordinator. The
applicant should incorporate his recommendations into the site plan.
The City's Traffic Consultant reviewed the site plan and has some issues with
accessibility and internal circulation. Any approval of this plan would be subject to
the incorporating the Traffic Consultant's recommendations into the plan.
A 6-foot wide sidewalk is located along the north side of the private east/west street
that runs through the development. Lovelace recommended that a pedestrian
connection to that sidewalk should be made along the west side of the project's north
driveway.
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The applicant has identified a location for a ground sign at the intersection of the
Foliage Avenue and the south drive. The planned development ordinance does not
allow for pylon/monument signs for individual lots within this development.
Individual signage for the building tenants is generally handled administratively and
will have to meet the City's sign code regulations.
MOTION: Commissioner Melander moved, seconded by Helgeson, to recommend
approval of the site plan building permit authorization for Lot 7, Block 1,
HILLCREST ACRES, subject to the following conditions:
• Construction shall be in conformance with the site plan dated Mazch
24, 2005, subject to the revisions to traffic accessibility and
circulation as indicated in the City's Traffic Consultant's Apri127,
2005 memo.
• Construction shall be in conformance with the landscape plan dated
April 19, 2005, subject to the revisions as indicated in the City's
Natural Resources Coordinator's Apri129, 2005 memo.
• Construction shall be in conformance with the grading and utility
plans dated Mazch 29, 2005, subject to the revisions as indicated in
the City's Assistant Engineer's Apri127, 2005 memo.
• The screen wall behind Building "C" shall have a minimum height of
12' and shall be constructed of the same exterior finish materials as
the building.
• All trash enclosures shall be consistent with the architecture of the
building and shall use similar materials, finishes and colors.
• All mechanical systems will need to be properly screened in
accordance with city code.
• A pedestrian connection to the sidewalk located along the north side
of the private east/west street that runs through the development shall
be made along the west side of the project's north driveway.
The motion passed 7-0.
F. Kompelien Setback Variance -Consideration of a 5' Front Yard Setback
Variance to Allow Construction of a Kitchen Addition
Associate City Planner Kathy Bodmer presented the request from Ron and Tan
Kompelien for a front yazd setback variance to construct an 8'x20' kitchen addition
onto the front of their home. The applicant is requesting a 4' front yazd variance
from the 30' front yard setback to construct the kitchen addition 26' from the front
property line.
Bodmer reported that the Kompelien home was constructed in 1978 and is aone-
story Orin Thompson rambler with a flat facade and roofline. The proposed kitchen
addition would help to enlarge and update a small 8'x 16' galley kitchen and dining
area. The roofline of the addition will have a gable front to help break up the
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appearance of the roofline. The applicant is also contemplating a change to the
design of the front entryway in conjunction with the kitchen expansion.
Bodmer reported the kitchen addition is consistent with the goals and policies of the
comprehensive plan that encourages residents to make improvements to their homes
so that they can continue to live in them. Also, improving the appearance of
entryways and expanding the size of the original galley kitchen has been encouraged
as a way to help update the City's existing housing stock. The proposed variance is
consistent with the City's goals and similar front additions have been approved by
the City. In addition, the variance will result in only a 4' encroachment into the
setback area.
In order to approve a variance, the City must fmd that "special conditions applying to
the structures or land in question are particular to such property, or immediately
adjoining property; do not apply generally to other land or structures in the district; .
..and that the variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable hardship or difficulty." Staff finds that the
variance meets the goals of the comprehensive plan by allowing the owners to
enlarge a small kitchen and to enhance the front entryway of the home. In addition,
the variance will have no negative impacts on adjacent properties.
MOTION: Commissioner Churchill moved, seconded by Helgeson, to recommend
approval of a front yard setback variance to construct an 8'x20' kitchen addition
based on the fact that the addition meets the goals of the comprehensive plan, there
will be no negative impacts to the adjacent, and the home improvement meets goal of
the City's Comprehensive Plan that encourages residents to make home
improvements. The motion carried 7-0.
OTHER BUSINESS
None.
8. ADJOURNMENT
MOTION: Commissioner Melander moved, seconded by Schindler, to adjourn the meeting
at 10:03 p.m.
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