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HomeMy WebLinkAbout10/05/2005CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES OCTOBER 5, 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, Tom Melander, David Schindler, and Keith Diekmann Members Absent: Thomas Helgeson 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 Colih 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 Burke moved, seconded by Churchill, to approve the Agenda. The motion carried 6-0. 3. APPROVAL OF MINUTES OF SEPTEMBER 7, 2005 AND SEPTEMBER 21, 2005 Chair Edgeton asked if there were any changes to the minutes. There being none, she called for its approval. MOTION: Commissioner Burke moved, seconded by Churchill, to approve the minutes of the September 7, 2005, and September 21, 2005, meeting. The motion carried 6-0. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS None. 6. LAND USE/ACTION ITEMS A. Hope Church Addition -Preliminary Plat and Site Plan Building Permit Authorization to Allow for the Construction of a 5,400 sq. ft. Multi-purpose Addition to an Existing Church Facility Associate City Planner Kathy Bodmer presented the request from Hope Church for subdivision by preliminary plat to create one lot from two existing unplatted parcels, site plan review/building permit authorization to construct a 5,400 sq. ft. multi- purpose building addition, and anafter-the-fact variance for a portion of the existing parking lot to encroach into the setback area. Hope Church is located at 7477 - 145th Street West. Bodmer reported the applicant wishes to combine two unplatted parcels and create a single parcel that is 7.4 acres. The plat will dedicate 25' of additional right-of--way for Cedar Avenue. Drainage and utility easements, which are not shown along the property lines, will be required on the final plat. The Church would like to construct a 5,400 sq. ft. addition consisting of a half-court basketball gym, four classrooms, a kitchen, and a nursery area. No increase in parking demand is expected on the site as result of this proposed addition. Bodmer reported that once the 25' of additional right-of--way is dedicated for Cedar Avenue, the church's existing sign will be located within the right-of--way. Dakota County has agreed to allow the sign to stay in its present location provided certain conditions are met. Bodmer reported that the plans indicate that a small corner of the existing parking lot encroaches into the setback area. The parking setback is 20' in the institutional zoning district. A 10' x 10' triangle portion of the lot is located 12' from the property line. This area of the parking lot was constructed within the last few years, but no variance was requested or granted to allow its current placement. Staff stated that the encroachment is minimal and is not expected to negatively impact surrounding properties. The addition will be constructed on the east side of the building which is tucked back into a wooded area. The existing exterior of the building is cedar shake siding and the proposed gymnasium portion of the addition will be constructed of tip-up concrete panels with a flat roof. The exposed aggregate used in the panels will be compatible with the color of the existing cedar siding. Approximately 201.9 inches of significant trees will be removed for this project requiring 20.2 inches of replacement trees or roughly 10-2" trees. Bodmer reported that staff is recommending approval of this proposed prof ect. MOTION: Commissioner Churchill moved, seconded by Burke, to recommend approval of the preliminary plat of Hope Alliance Addition, with the following conditions: Drainage and utility easements shall be dedicated along all property lines in accordance with the subdivision ordinance. No building permit shall be issued until the City received a copy of a receipt that confirms that the plat has been received at Dakota County for recording. The motion passed 6-0. MOTION: Commissioner Churchill moved, seconded by Burke, to recommend approval of the site plan and give building permit authorization to construct a 5,400 square foot multi-purpose building addition with the following conditions: • No land disturbing activities including tree removal and/or grading maybe done until a Natural Resources Management Permit (NRMP) has been issued. The motion passed 6-0. MOTION: Commissioner Churchill moved, seconded by Burke, to recommend approval of anafter-the-fact variance fora 50 sq. ft. corner of the existing parking lot to be located twelve feet from the property line. This variance is granted based upon the fact that the encroachment is minimal and will not negatively impact adjacent properties. The motion passed 6-0. B. Pennock Avenue Office Building -Site P1anBuilding Permit Authorization to Allow for Construction of a 15,000 sq. ft. Office Building Associate City Planner Margaret Dykes presented the request from RJ Ryan Constnxction/Revestors Group 1, for site plan building permit authorization for an approximately 15,000 sq. ft. office building, and a variance to increase the height of a building from the maximum 20 feet to 29 feet. Dykes reported the planned development zoning district allows a maximum building height of 20 feet and the proposed building is 29 feet high. The applicant is requesting a variance from the zoning code to allow for the taller building; however, no hardship has been presented, nor, in staff's opinion, does one exist. Dykes reported the intent of the planned development was to limit the height of buildings adjacent to residential uses. The proposed building will be located approximately 400 feet from the nearest residence located on Gutherie Avenue. Dykes reported the City has approved height variances for other buildings in the same zoning district due to the fact that they would not negatively impact the surrounding uses and the variances were in keeping with the zoning code. The proposed building will be far enough removed from the residential uses that the variance will not adversely affect the neighboring properties. Staff will also recommend that the Zoning ordinance be changed to reflect the City's policy towards the height of commercial buildings within this Planned Development. Dykes reported that the revised site plan shows an approximately 15,000 sq. ft., one- storyoffice building. The 7,500 sq. ft. basement has been removed. The building, at 21%, is within the maximum coverage which is 30%. The building will require 85 parking spaces and 89 spaces are indicated on the plan. The building and parking meet all required setbacks. The plan does not indicate the type of fencing that will be used to screen the mechanicals. This will be necessary to determine if the City code screening requirement is met. Trash should be picked up early morning to limit any potential interference with traffic on Pennock Avenue. A concrete pathway is shown around all sides of the building. Two pedestrian connections are made to the public sidewalk on Pennock Avenue but not to 147th Street West. Staff is suggesting that the southern most connection be moved further to the south to align with the sidewalk abutting the front of the building. A pedestrian connection should also be made to 147' Street West. The revised site and grading plans show on-site stormwater infiltration on the west side of the building. Some of the retaining walls located in City drainage and utility easements should be constructed so that they do not interfere with the public purpose of the easements. A lighting plan must be submitted so that the City can review the fixtures and ensure that there will be no light trespass in excess of 0.5 footcandles. The building elevations show the building is composed of brick veneer and splitface stone, which meets the zoning code requirements. The roof is hipped and is to be constructed of concrete shingles that mimic slate tiles. The building has similar treatments on all sides and it is staffs opinion that it meets the requirements of the City's codes. The Natural Resources Coordinator reviewed the revised landscaping plan and still has outstanding issues. It still does not appear that the landscaping materials shown on the plan equals 2.5% of the cost of the building materials based on Means Construction Data. Dykes reported the applicant has indicated that he can meet the 2.5%. Dykes reported that staff is recommending approval of this proj ect with the conditions outlined in staff's report. Chair Edgeton asked if the proposed building met the impervious surface percentage. Dykes reported it meets requirements. Commissioner Diekmann asked if there are plans to keep the existing transit stop located on the southeast corner of the lot. Dykes stated the transit stop would still be there. Chair Edgeton asked if there were any more lots available on the plat after this piece is developed. Dykes stated there is still one parcel left. 4 MOTION: Commissioner Melander moved, seconded by Churchill, to recommend approval of a variance increasing the height of the building from the required 20 feet to 29 feet. Although a strict interpretation of the zoning code finds that a sufficient hardship 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 motion carried 6'-0. MOTION: Commissioner Melander moved, seconded by Churchill, to recommend approval of the site plan/building permit authorization to allow for the construction of an approximately 15,000 sq. ft. single-story office building to be located on Lot 2, Block 1, The Goddard School Addition, as shown on the submitted revised plans dated September 9, 2005, subject to adhering to applicable city codes and the following conditions: • Garbage shall be picked up from the trash enclosure between the hours of 5:30 a.m. and 7:30 a.m. • Building mechanicals shall be screened according to City code requirements. • The site plan shall be revised so that the southern-most pedestrian connection to Pennock Avenue shall be moved so that it aligns with the front of the building; a pedestrian connection shall be installed linking the public sidewalk on 147' Street West to the private sidewalk abutting the front of the building; and to address the comments in the City's Traffic Engineer's memo dated September 16, 2005. • The grading plan shall be revised to address the comments in the City Engineer's memo dated September 14, 2005. There shall be no weekend hours for construction or earthmoving. • The landscape plan shall be revised to comply with the comments in the Natural Resources Coordinator's memo dated September 16, 2005, including the installation of MnDOT Seed Mix No. 310 in the infiltration area, and the installation of live plant materials that equal or exceed 2.5% of the costs of building materials based on Means Construction Data. • A building sprinkler system shall be installed that conforms to City standards. • Alighting plan shall be submitted with the final construction plan that ensures all site lighting shall comply with City code. The motion carried 6-0. OTHER BUSINESS A. CVS Pharmacy Sketch Plan -Review of a Sketch Plan for a Proposed 12,900 sq. ft. Drugstore Associate City Planner Margaret Dykes presented a sketch plan for a zoning amendment and site plan building permit authorization for CVS Pharmacy. The applicant is requesting input from the Commission before making an official request. Dykes reported the site is currently zoned "GB" (General Business). The applicant will be requesting a rezoning of the property from the "GB" to "RB" (Retail Business) zoning district. Because the site is near the Central Village area, staff believes the site could be rezoned to accommodate retail uses, but it is staff's opinion that a denser development is appropriate for this site. Staff would favor a mix of uses on this site, though the applicant is interested only in stand-alone buildings. In addition, due to the fairly limited amount of "GB" zoned property, the City may choose to retain the current zoning. Dykes reported the site plan shows a 12,900 sq. ft. one-story pharmacy with adrive- thru window for pharmacy pick-up. The main entrance to the building is located in the northeast corner, with the drive-thru located on the west side of the building. The drive-thnr lane has enough length to stack 4 cars. The building and parking lot meet all required setbacks. The plan does not indicate where loading will be done. All loading areas must be clearly marked on the plan. Access to the site is from Galaxie Avenue and 151st Street West. The plan shows two right-in/right-out accesses onto Galaxie Avenue, and one right-in/right-out access onto 151st Street West. These access points are in the same location as those currently on the site. Given the requested change in use and the increase in traffic the use will generate, the location of the accesses need to be carefully reviewed by the City's Traffic Consultant. The trash enclosure is located separate from the building on the south central portion of the site. Staff will require additional information regarding the pick up of garbage to ensure that garbage trucks do not impede traffic circulation on the site. The plan does not show an on-site infiltration area to accommodate the first %2" rainfall event which is required by City code Section 155.350. The submitted renderings indicate that the building will be constructed of yellow EFIS and red brick. A corner tower feature is located on the northeast corner of the building that is 30' tall. Windows are located on three sides of the building. The Downtown Development Guidelines state that all four sides of a building must be fmished equally. Public sidewalks are shown along County Road 42, Galaxie Avenue, and 151st Street West. However, there are no pedestrian connections to the building nor does the plan attempt to create apedestrian-oriented site plan. In addition, there are no pedestrian amenities on the site, i.e., benches, special paving, etc. The pedestrian connections and amenities are critical for this site given its proximity to the Central Village development and the Government Center and Fischer Marketplace to the north. Dykes stated that is it staff's opinion that the building does not relate to either pedestrian traffic or to vehicular traffic. The applicant has not taken advantage of the unique location of the site. The proposed building could be located on any site in Apple Valley, or in any other town. The site and building design is very similar to the CVS Pharmacy located in Eagan, MN. Chair Edgeton commented that she is not interested in rezoning the site for this type of development. She is looking for higher density and a more pedestrian friendly project. Commissioner Diekmann asked the applicant if there was a possibility for the building to have a more urban style to it similar to the CVS Pharmacy located in St. Paul on University and Snelling Avenue. Commissioner Burke also commented that he is looking for something located closer to the corner, rather than further away from the corner in order to blend in with the Central Village.. Commissioner Churchill stated that it makes sense to take advantage of the opportunity to have the building blend in with the Central Village area. Brian Alton, representing the applicant, stated that he appreciates the Commission's desires and staff's work in regards to achieving goals for the Central Village, but stated that this site it outside of the Central Village. Alton stated that he feels the area will better by "down-zoning" the property. Chair Edgeton commented that she doesn't see this as down zoning. Commissioner Churchill informed the applicant that she doesn't have a problem with the appearance of the building and that the bigger issues for her are the large pazking lot and the building being far away from the street. Chair Edgeton stated that she is not interested in seeing a building with a sea of parking. She would like to see the parking lot on the south side and west sides of the lot. Dykes stated that perhaps there might be a way to work with the applicant on parking while meeting the City's goals. Dykes reported that no action is necessary on this Agenda item and that the applicant is merely requesting feedback from the Planning Commission before deciding whether to proceed with the project. B. Knottywoods 3~d Addition -Review of a Sketch Plan for a Proposed Lot Split of an Existing .84-acre Lot Into 2 Residential Lots Associate City Planner Kathy Bodmer presented a sketch plan from Gerald Wageman of JL Wageman Homes for a rezoning, subdivision and a variance for Lot 15, Knottywoods Addition, 13460 Pilot Knob Road. Bodmer reported that in 2002, Jerry Wageman, JL Wageman Homes, made an application to rezone, subdivide, and obtain variances in order to split the parcel located on the northeast corner of Pilot Knob Road and Embry Way. The Planning Commission failed to recommend approval of the request. Wageman withdrew his request before it was formally considered by the City Council. The Planning Commission voiced concern over the subdivision of the property in view of the variances that were needed to meet the minimum requirements of the zoning district. After the meeting the applicant met on several occasions with the Glewee family, the owner of a small remnant parcel on the northeast side of Wageman's property. The Glewee family was not willing to sell the pazcel to Wageman. Wageman also met with the Spindlers, owners of the property on the southeast side of Wageman's parcel to see if they would be willing to sell a portion of their property. They were also not interested in selling their property to Wageman. Wageman would like to proceed with his request in light of the fact that he has not been able to obtain additional property. He would be requesting the following: • Rezoning of Lot 15, Knottywoods from "R-1" to "R-3". • Subdivision by Preliminary Plat to split the existing parcel into two lots. • Variance from Shoreland Overlay (SH) setback requirement from OWH of 75' to 50'. • Variance from the front yard setback from Embry Way from 30' down to 22' for the reconstructed detached garage. • Variance of 1,275 sq. ft. from the required minimum lot area for a water front lot of 20,000 sq. ft. to allow waterfront lot of 18,725 sq. ft. Chair Edgeton asked if anything had changed since Wageman's previous request. Bodmer responded that nothing had changed, but during her presentation, she realized that some things have changed in regazds to the pazcel. The property to the east was recently approved for redevelopment. The properties were rezoned from "R-1" to "R-2" In addition, Bodmer reminded the Planning Commission that a 2.7 acre portion of the Embry Estates development that is currently draining directly into Pilot Pond will be diverted to a drainage azea south of Embry Estates. Commissioner Churchill feels that the proposal would be a benefit to the land and would probably result in a net zero change in total impervious surface. Relocating the driveway would also close an opening along Pilot Knob Road. Commissioner Burke agrees. Commissioner Melander stated that he is uneasy about development when he sees the existing water levels in that area continue to climb. Melander added that while the proposal might be better than what is existing, he still has concerns. Commissioner Churchill asked if a covenant or private agreement that would limit impervious surface could be placed on the property. City Attorney Sharon Hills stated that the City cannot enforce a private covenant. Bodmer stated that another way to approach it might be by putting a limit on the size of the future structures that could be placed on the parcel. No official action is required as the applicant is seeking feedback regarding this project before submitting formal application. C. Sam's Club Fuel and Wash Sketch Plan -Review of a Sketch Plan for Proposed Motor Fuel Sales and Car Wash Operation on a 1.41-acre Site City Planner Tom Lovelace presented a sketch plan from Sam's Club Store #4736. The applicant is requesting the Commission's input regarding a proposed motor fuel sales and car wash operation in the Fischer Market Place Development. The 1.41 acre site would consist of 6 double sided fuel dispensers, a 5,429 sq. ft. fuel dispenser canopy, a 224 sq. ft. building, and a 2,340 sq. ft. two-bay car wash building. The site is located on the corner of 147th Street West and Foliage Avenue. Lovelace reported the site is currently zoned Planned Development 646, Zone 3. The proposed motor fuel operation and car wash are not pemutted uses or conditional uses within this zoning district. An incorporation of these uses into the planned development zoning district would be necessary. If the Commission concurs that these uses are appropriate for this zoning district, staff would recommend that it be a conditional use and not a permitted use. No convenience store operation is proposed for this site. The 1.41 acre site is part of a 10 acre site. Subdivision of the outlot to create this new lot would be required as part of approval of this proposal. Lovelace reported the applicant is proposing to construct a fuel dispenser canopy, a small building to house an on-site attendant, and a two stall car wash operation on the site. The plan identified 10 off-street parking spaces, which should be adequate. No trash enclosure is identified on the site. Even though refuse will be minimal, the applicant needs to identify how refuse will be handled. so that a determination can be made whether a trash enclosure is necessary. An IiVAC condenser unit located behind the attendants building must be screened properly. A landscape plan was not submitted with this sketch plan. City code requires that live landscape materials shall equa12.5% of the estimated building construction cost. An undulated berm would be required along 147th Street West. A storm water retention pond is proposed to be located in the northwest corner of the site. Calculations will need to be reviewed by the City Engineer. The proposed building will be constructed with an exterior finish consisting of a combination ofbrick and painted split-face block, similar to the Sam's Club building to the south. The canopy columns will have the same brick and block finish. All block shall be colored by means of a pigment impregnated throughout the block. City code does not allow painted block. Any metal surface, such as the canopy, shall be coated or anodized with anon-reflected, glare-free finish. All signage shall strictly adhere to the City's sign ordinance and signage requirements set forth in "PD-646." Any outdoor lighting plan will also require formal submittal and approval by the City. Chair Edgeton stated that motor fuel sales is not what she anticipated for the subject parcel. Commissioner Churchill stated she is concerned about the increase in traffic that would be generated by motor fuel sales and she is not convinced that the project fits in with the nearby high density residential area. Commissioner Schindler agrees. Schindler would also like to know what is planned for the remainder of the site. Commissioner Melander commented that the project does not excite him and that he too, has concerns about the increase in traffic, particularly given the recent increases in gas prices. Melander also feels that the zoning is an issue. Dave Sellergren, representing the applicant, stated that traffic is not significantly impacted because the motor fuel sales would only be available for Sam's members and not the general public and that the hours of operation would coincide with the Sam's store located to the south of the property. Sellergren suggested that maybe the Commission consider this request as an accessory use. Commissioner Churchill stated that she would need to see a larger piece of property devoted to this type of prof ect, wider green space including a buffer, and traffic issues addressed in depth. Churchill has seen one of Sam's fuel operations and, in her opinion, did generate a lot of traffic. 8. ADJOURNMENT MOTION: Commissioner Melander moved, seconded by Schindler, to adjourn the meeting at 8:20 p.m. to