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HomeMy WebLinkAbout08/16/2006CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES AUGUST 16, 2006 I. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Tom Melander at 7:00 p.m. Members Present: Tom Melander, Keith Diekmann, Jeannine Churchill, Frank Blundetto, Tim Burke, and David Schindler Members Absent: Thomas Helgeson Staff Present: Acting Community Development Director Tom Lovelace, City Attorney Sharon Hills, Associate City Planner Kathy Bodmer, and City Engineer Colin Manson , 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the Agenda. Acting Community Development Director Tom Lovelace amended the Agenda as follows: Agenda Item 6.E., LAND USE/ACTION ITEMS -Legacy North Condominiums, has been tabled at the request of the applicant. Agenda Item 7.A., OTHER BUSINESS -Sketch Plan Review of a Proposed Single Family Lot Split, the name of the applicants should be Mark and Margaret Fleck. Chair Melander called for approval of the amended Agenda. MOTION: Commissioner Burke moved, seconded by Churchill, to approve the amended Agenda. The motion carried 6-0. 3. APPROVAL OF MINUTES OF AUGUST 2, 2006 Chair Melander asked if there were any changes to the minutes. There being none, he called for approval of the Minutes. MOTION: Commissioner Churchill moved, seconded by Burke, to approve the minutes of the August 2, 2006, meeting. The motion carried 6-0. After approving the minutes, Commissioner Churchill reported that the City of Apple Valley, along with 3 other cities within Dakota County, is a recipient of the Active Living Grant from Blue Cross/Blue Shield. This grant will link trails and walking destinations throughout the City. Mayor Mary Hamann-Roland and Associate City Planner Kathy Bodmer also played an active role in getting the grant. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS A. Raising Cane's Restaurant - Consider a Conditional Use Permit and Site Plan/Building Permit Authorization for a Proposed 3,500 sq. ft. Class II Restaurant o the Existing Burger King Site Chair Melander opened the public hearing with the standard comments. Planning Intern Nick Meyers presented the request from Raising Canes for a conditional use permit amendment and site plan building permit authorization to allow construction of a 3,500 sq. ft. restaurant with adrive-up window on a .90 acre lot. The proposed restaurant would replace the former Burger King building. The applicant will demolish the existing structure in order to construct the proposed restaurant. The applicant is requesting a conditional use permit (CUP) for a Class II restaurant. The purpose of the CUP is to assure that the use is compatible with the surrounding uses. Meyers reported that access to the site will be via two driveway connections, one from the north frontage road of County Road 42 and the other from Glenda Drive. Two drive-up windows will be located along the west side of the building. The site plan indicates drive-up stacking for up to six motor vehicles, which meets the City's minimum stacking requirements. The applicant is proposing to construct 40 parking spaces. City Code requires that Class II restaurants provide one parking space per every 3 seats. The proposed seating for the restaurant is 93 seats, which would require a minimum of 31 parking spaces. Meyers reported that the new building would be shifted fixrther west from the existing restaurant, which would reduce the amount of parking on the west side of the building and allow for parking along the east side of the building. Meyers reported that a sidewalk connection, a minimum of six feet wide, from the building to the south property line should be installed to allow pedestrian access to the County Road 42 pathway. The site is generally flat and is the current location of the former Burger King restaurant. The City Engineer reviewed the grading plan and did not identify any significant grading issues. Meyers stated that the proposed building would be one-story constructed with a combination of brick and stucco finish. Galvanized steel awnings above the windows and entry doors, as well as stainless steel cover panels along the drive-thm windows will be incorporated into the exterior. The elevations appeaz to meet the City Code requirement that all exterior vertical faces be treated as a front and have an equally attractive appearance. Staff is also recommending that the trash enclosure be constructed of the same material as the restaurant. The City`s Natural Resources Coordinator reviewed the original landscape plan and made several recommendations. The applicant should revise the plans as per his comments. Approval of signage is not included with this plan and must be submitted under a separate application. This must be done prior to the installation of any signage. The proposed signage indicated on the elevations does not meet the City's sign regulations. Flags are proposed to be displayed on the restaurant as part of the signage. Commissioner Schindler asked what the City's policy is in regard to flags being displayed. Acting Community Development Director Tom Lovelace stated that the proposed flags would not fit into the City's sign ordinance and the flags would probably be outside of the allowable square footage allowed for signage. Commissioner Schindler asked if the proposed mural would be allowed under the current sign code. Lovelace responded that murals are not allowed and would be considered signage. Commissioner Churchill requested that a colored rendering of the proposed. restaurant be available for the next Planning Commission meeting. Mike Wilkes and Kerry Kramp, representing the applicant, addressed the Commission. They stated that they would comply with staff's recommendation that the trash enclosure be constructed out of the same materials as the building. They also stated they will revise the landscape plan as recommended by the City's Natural Resources Coordinator. In response to Commissioner Churchill's request, the applicants presented a rendering of the proposed restaurant. In regard to the signage, the applicants asked that the City consider the flags and the front painted mural, as presented on their plans. Commissioner Churchill asked staff what the Code is in regards to two signs on the same side of a building. Lovelace responded that City code allows the ability to replicate signage on all four sides of the building. Commissioner Blundetto asked what the City's code is in regards to U.S. flags. City Attorney Sharon Hills responded that the U.S. flag can be flown anywhere and does not have any signage regulations. Commissioner Blundetto asked what about the State of Minnesota flag. Hills responded that all other flags fit into the sign ordinance. Chair Melander asked if anyone from the public would like to speak and if so, they may do so at this time. No comments were received from the public. Chair Melander 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. Staff will continue working on the issues brought forth tonight. 6. LAND USE/ACTION ITEMS A. American Legion Outdoor Sidewalk Cafe -Consider an Amendment to Allow Sidewalk Cafes in the "LB" (Limited Business) Zoning District and Site Plan Review to Allow fora 31' x 50' Outdoor Sidewalk Cafe Associate City Planner Kathy Bodmer presented the request from Apple Valley American Legion Post 1776. The applicant is requesting a text amendment to "LB" (Limited Business) zoning district to allow for outdoor dining areas, and site plan review of a proposed 31' x 50' (1,550 sq. ft.) outdoor sidewalk cafe. The proposed outdoor sidewalk cafe would be constructed on the Apple Valley American Legion property located at 14521 Granada Drive. Bodmer reported that the American Legion proposes to construct a 31' x 50' outdoor patio area on the east side of their building adjacent to Granada Avenue. There is no sidewalk along Granada Avenue in this area. It appears that a portion of the patio would be located within the City boulevard area. The applicant would like to construct a 6' tall privacy fence around the outside of the patio area to completely screen the area from the street. However, they are amenable to reducing the height of the fence so that it is no taller than 3-1/2' along the street side of the building. The site is located less than 600' from residential property, approximately 450' from the nearest residential property line and 550' from the nearest house. The outdoor patio azea is situated such that the Legion building, the buildings behind it, and Pennock Avenue all help to buffer noise that maybe generated from the outdoor activity. Bodmer reported the Apple Valley American Legion is located within the "LB" zoning district and that district has no provisions for outdoor dining areas. The "RB" (Retail Business) zoning district allows an "outdoor sidewalk cafe" as a permitted accessory use provided it meets the following conditions: • In conjunction with astand-alone restaurant. • Site plan must be reviewed and approved by the Planning Commission and City Council • May not be occupied more than 6 months of the yeaz. • Must be set back a minimum of 2' from property lines. • Prohibited if it is located within 600' of any residential property. • Must be constructed with visual screening and physical barriers. Bodmer stated the ordinances that created the provisions for the sidewalk cafe date back to the late 1980s and early 1990. Because outdoor eating areas are becoming more popular, the City may wish to consider creating a sepazate section in the zoning code to regulate outdoor sidewalk cafes and allow them in all zoning districts, provided they meet certain performance standards. The proposed American Legion Outdoor Eating Area would need to address the following issues in order to comply with the proposed amendment. • The dining area must be set back a minimum of 2' from the right-of- way line of Granada Avenue. • Because the dining azea is located within a 10' drainage and utility easement, the Legion would need to execute a License Agreement stipulating that if the City or any utility company needed to access the easement, the Legion would be responsible for the cost of replacing any items that might be damaged or removed. • The height of the fence would need to be reduced to 3.5'. • No outdoor music, radio, television and any other activity requiring amplification would be allowed after 10:00 p.m. Bodmer reported that the City Code requires one pazking space per five seats of outdoor seating excluding the first ten seats. The applicant states that the outdoor area will contain approximately 80 seats requiring a total of 14 parking spaces. In total, the bar, banquet facility, the outdoor pavilion, and the proposed outdoor patio area generate a need for 131 parking spaces. Currently, 168 spaces exist on the site. The City's Fire Marshall states that the outdoor ding azea would need to comply with the requirements of the Building and Fire Codes in terms of the number of exits from the area. He states that all exit doors must have panic hazdwaze so that they can be pushed open without having to turn a latch. Bodmer reported that a public hearing for this project was held on August 2, 2006. No comments were received from the public. However, the Planning Commission was concerned that the current provision does not require that property owners within 600 feet of the outdoor dining azea be notified of the public hearing. The public hearing notice was sent out to all property owners within 350' of the property boundary of the American Legion. Only one additional resident was within the 600' of the actual outdoor patio azea would need to be notified. Staff has now sent a letter to this property owner notifying them of the proposed outdoor dining area. Bodmer reported that staff also put together a draft Outdoor Dining Area ordinance that was included in the Commission's packet. Apart of the proposed ordinance states that "a fence surrounding an outdoor eating area which is located between a building and a public street shall not exceed 3-1/2 feet in height." Commissioner Churchill asked if the fence can be taller if you can see through it, for example, a wrought iron fence. Bodmer stated that staff will address this issue with the City's police department. Commissioner Schindler thinks that the fence at Major's restaurant is higher than the 3-1/2 feet proposed height. Commissioner Blundetto feels that the City is over-regulating by stating a fence height. Commissioner Churchill suggested that perhaps the fence requirement should state that "a fencing plan be reviewed and approved by staff." Commissioner Churchill also suggested that item #7 in the proposed outdoor dining azea ordinance state specifically "If the outdoor eating azea is located on a private sidewalk area abutting the restaurant ...". Commissioner Schindler asked if item #9 of the proposed outdoor dining area ordinance should state that no other items such as tables and chairs be stored outdoors at any time. This would be in addition to the food and beverages. Bodmer reported that staff is reconunending approval of the draft ordinance allowing outdoor dining areas in all zoning district. Staff is also recommending approval of the site plan for the outdoor dining area at the Apple Valley American Legion. MOTION: Commissioner Churchill moved, seconded by Blundetto, to recommend approval of the draft ordinance allowing outdoor dining areas in all zoning districts as a permitted accessory use provided it meets certain performance standards with modifications to items 7 and 9, as recommended by the Planning Commission. The motion carried 6-0. MOTION: Commissioner Churchill moved, seconded by Blundetto, to recommend approval of the site plan for the outdoor dining area at the Apple Valley American Legion, located at 14521 Granada Drive, in conformance with all applicable City ordinances and construction standards, with the following conditions: • The outdoor dining area shall be located a minimum of 2' from the right-of--way line of Granada Avenue. • The petitioner shall execute a License Agreement with the City authorizing the use of the drainage and utility easement and stipulating that the City and utility companies shall not be responsible for the cost of replacing any structures or landscape features that are located within the easement. • A fencing plan shall be reviewed and approved by staff. • Because the outdoor dining area is located less than 600' from residential properties, no music, radio, television, or other activities requiring amplifications shall be permitted after 10:00 p.m. The motion carried 6-0. B. "PD-341" Amendment -Consider an Amendment to the Maximum Building Helght in Zone 4A of the Planned Development 341 Tabled at the request of the petitioner. C. Wal-Mart CUP Amendments -Consider Amendments to the Existing Temporary Trailer Storage, Outdoor Garden Display and Sales, and Propane Tank Display and Sales Area Conditional Use Permits Tabled at the request of the petitioner. D. Wal-Mart -Consider Amendment to an Existing Conditional Use Permit to Allow for the Relocation of the Cardboard Bale and Pallet Storage Area, and Site Plan/Building Permit Authorization to Allow for the Construction of 72,786 sq. ft. Addition to an Existing 129, 958 sq. ft. Retail Store Tabled at the request of the petitioner. E. Legacy North Townhomes -Consideration of Proposed Amendments to "PD- 739" (Planned Development), Preliminary Plat, and Site Plan/Building Permit Authorization to Allow for the Construction of Seven (7) Townhouse Buildings with a Total of 134 Dwelling Units Withdrawn at the request of the petitioner. F. River Valley Wireless Tower - Consider a Conditional Use Permit to Allow for Construction of a 99-foot Communications Tower (Withdrawn at the Request of Petitioner) Withdrawn at the request of the petitioner. G. Magellan Substation Expansion -Consider Site Plan Review and Natural Resources Management Permit (NRMP) to Allow for Expansion and Installation of a New 115-13.8 kV Power Transformer Within the Substation Associate City Planner Kathy Bodmer presented the request from Xcel Energy for site plan review and a Natural Resources Management Permit. The applicant wishes to expand their substation facility at the Magellan property by adding a new 115 - 13.8 kV power transformer within a new graded and fenced site east of the existing substation area. The expanded area will be located approximately 750' east of the intersection of Flagstaff Avenue and County Road 42. Bodmer reported that the existing substation area is approximately 8,700 sq. ft., while the expansion would be approximately 72,000 sq. ft. The substation area is currently leased from Magellan Pipeline Company and the new azea would also be leased. A separate lot does not need to be created for this use. The site currently has two access points off of County Road 42. One of them will be closed while the eastern access will be shifted down slightly to provide sufficient turning radius for the vehicles that will be delivering the new transforrer equipment. The applicant states that the project would add a new 115 kV and 13.8 kV transformer within a new graded and fenced site east of the exiting substation azea. The new substation area is being constructed to help alleviate overloads on the existing power transformer. The existing substation will remain in place to serve the Magellan Pipeline facility. Bodmer reported the controls for the substation will be located within a 15' wide x 10' long x 12' prefabricated metal enclosure on the northwest corner of the site. Because the enclosures will house equipment and will not be occupied, it will not be necessary to obtain a building permit to construct them. The applicant states that the landscaping on the site will be similar to the landscape treatment that was done on the Johnny Cake Substation site on the south side of County Road 42 east of Johnny Cake Ridge Road. A berm located on the Magellan site incorporates a storm water infiltration area. Staff suggests that the petitioner find a different location for the infiltration area to allow for a taller berm adjacent to County Road 42. The applicant has indicated a willingness to do that. Bodmer reported that staff finds that the plans that have been submitted substantially comply with City Ordinance requirements and is recommending approval of the project. Andy Beckel, representing the applicant, presented an overview of the operations of the proposed substation. Commissioner Diekmann stated that he would like the proposed expansion to be able to accommodate any future development. He would not like to see a duplicate station in the future when the population increases. MOTION: Comrissioner Churchill moved, seconded by Burke, to recommend approval of the site plan for the Xcel Energy Substation expansion on the Magellan Pipeline property, in accordance with all applicable City Ordinances and construction standards, and in conformance with the plans that were received in City Offices on August 7, 2006, with the condition that the berm on the south side of the site shall be a minimum of 6' tall to better screen the substation from County Road 42. The motion carried 6-0. MOTION: Commissioner Churchill moved, seconded by Burke, to recommend approval of the Natural Resources Management Permit, in accordance with all applicable City Ordinances and construction standards, and in conformance with the plans that were received in City Offices on August 7, 2006, conditioned upon the review and approval of the final plan by the City Engineer. The petitioner shall execute a Franchise Agreement with the City prior to the final inspection. The motion carried 6-0. OTHER BUSINESS A. Sketch Plan Review of a Proposed Single Family Lot Planning Intem Nick Meyers presented a sketch plan review of a proposed lot split of a .71-acre lot from Mark and Margaret Fleck. The parcel is located at 6525 133Ta Street West. Meyers reported the Flecks would like to split the existing lot into two single family lots having lot areas of roughly 14,000 sq. ft. and 16,445 sq. ft. Access to the south lot would be from the existing driveway along 133'a Street W. and the north lot would gain access from Flagstaff Avenue. The property is zoned "R-3" (Single family residentiaU11,000 sq. ft. minimum lot area). The proposed lot spit would be in conformance with the minimum requirements of the "R-3"zoning district. The site is relatively flat and minimal grading would be needed. Water main and sanitary sewer lines to serve the north lot are currently available within the Flagstaff Avenue right-of--way. The applicants, Mark and Margaret Fleck, addressed the Commission and stated that they are proposing to purchase the home and subdivide the lot. They do not presently reside at the property. The consensus of the Commission was that the lot split meets the zoning requirements and is in keeping with the spirit and intent of the ordinance. The Commission is supportive of the lot split. 8. ADJ®URNMENT MOTION: Commissioner Blundetto moved, seconded by Churchill, to adjourn the meeting at 8:23 p.m.