HomeMy WebLinkAbout12/06/2006CTI'Y OF APPLE VALLEY
PLANNING COMMISSION MINUTES
DECEMBER 6, 2006
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, Jeannine Churchill, Frank Blundetto, and Keith
Diekmann
Members Absent: Tim Burke, Thomas Helgeson, and David Schindler
Staff Present: Acting Community Development Director Tom Lovelace, City Attorney
Sharon Hills, Associate City Planner Kathy Bodmer, City Engineer Colin Manson, and
Assistant City Engineer Dave Bennett
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the Agenda. Acting Community
Development Director Tom Lovelace stated that he would like to change the order and
present Agenda Item 6B, the Ifilzer Variance Request first. Chair Melander called for
approval of the amended Agenda.
MOTION: Commissioner Churchill moved, seconded by Blundetto, to approve the
amended Agenda. The motion carried 4-0.
3. APPROVAL OF MINUTES OF NOVEMBER 15, 2006
Chair Melander asked if there were any changes to the minutes. Chair Melander made the
following correction to the minutes:
Agenda Item 6B, "PD-341" Amendment, the first sentence of the fourth paragraph
should read as follows: Chair Melander stated that considering the mass of the
building, he would be in favor of a maximum building height of 35 feet with an
additional 5 feet allowed for architectural detail.
Chair Melander called for approval of the amended minutes.
MOTION: Commissioner Churchill moved, seconded by Blundetto, to recommend
approval ~nfthe ~men`1e47 m„i~n~LLte3 of t}:e 1~:.^.Jember lG, 2nn6, r:.,et'ng. The ...ot:o.. ca.:.ed
4-0.
4. CONSENT ITEMS
None.
6. LAND USE/ACTION ITEMS
B. Kilter Covered Stoop, Kitchen, and Garage Variances -Consideration of Front
Setback Variances for a Covered Stoop, Kitchen Addition, and Third Garage
Stall
Associate City Planner Kathy Bodmer presented the request from William and Jill
Kilter. The Kilter's are requesting the following:
a 5' front yard variance from the 30' setback requirement to add a 6'
x 41' kitchen addition; the kitchen would be located 25' from the
front property line.
A 4' front yard variance from the 30' setback requirement to add an
11' x 32' third stall addition onto the garage; the garage would be
located 26' from the front property line.
A 10' front Yazd variance from the 30' setback requirement to
construct an 8.5' x 5' covered stoop; the stoop would be located 20'
from the front property line.
Bodmer reported the applicant's home is located in Greenleaf 6th Addition. The
single story rambler was constructed in 1974 and has a relatively flat front fapade.
The applicants are requesting variances that would allow them to expand their
existing galley kitchen, remove and reconstruct a third garage stall, and then add a
covered stoop. A 5' front Yazd setback variance was granted to the property in 1978
for a garage addition. The plans indicate that the reconstructed third stall will be
relocated so that it meets the side yard setback.
Bodmer reported that the proposed kitchen and stoop additions are 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. In addition,
enhancing the appearance of front entryways and expanding the size of the original
galley kitchens has been encouraged as a way to help update the City's existing
housing stock. The proposed variance request is consistent with these goals and
similaz front additions that have been approved by the City.
The proposed third stall garage does not appear to meet a physical hardship to justify
granting a variance. The third stall could be pushed back 4' to meet the setback
requirement by reducing the size of the shop behind it. However, as currently
designed, the front of the third garage stall lines up with the kitchen addition, giving
the front of the home a balanced and cohesive appearance. Also the garage addition
will architecturally relate to the other improvements being made to the home.
Bodmer reported that the Planning Commission might find that the front setback
variance for the gazage is appropriate because it will maintain a similar roof line with
the addition on the east side of the house and will compliment the overall remodeling
of the front of the home.
Bodmer reported that staff finds the variances meet the goals of the comprehensive
plan by allowing the owners to enlarge a small galley kitchen, enhance the front
entryway and construct a third garage stall that will tie in architecturallywith the
overall remodeling project. In addition, no negative impacts to neighboring
properties aze expected as a result of these variances.
MOTION: Commissioner Churchill moved, seconded by Blundetto, to recommend
approval of a 5' variance from the 30' front yard setback to construct a 6' x 41'
kitchen addition onto the front of the home. The motion carried 4-0.
MOTION: Commissioner Churchill moved, seconded by Blundetto, to recommend
approval of a 4' .variance from the 30' front yazd setback to add an 11' x 32' third
stall addition onto the garage. The motion carried 4-0.
MOTION: Commissioner Churchill moved, seconded by Blundetto, to recommend
approval of a 10' variance from the 30' front yazd setback requirement to construct
an 8.5' x 5' covered stoop onto the front of the home. The motion carved 4-0.
5. PUBLIC HEARINGS
A. Apple Valley Surface Water Management Plan
Chair Melander opened the public hearing with the standard comments.
Acting Community Development Director Tom Lovelace reported that the City's
Public Works Department has been working with the City's engineering consultant,
Bonestroo/Rosene/Anderlik, and Associates, Inc., with the preparation of an update
to the 1997 Apple Talley Surface Water Management Plan (SWMP), which is a
component of the City's Comprehensive Guide Plan - 2020 Update. The purpose of
this update is to provide the City with a framework for sustaining the long-term
integrity of the City's surface waters. and maintain on-going compliance with surface
water regulations. The proposed SWMP addresses changes to land uses that have
occurred in the City and the concurrent changes to runoff characteristics, drainage
patterns, and flood storage in the City. Because the SWMP is part of the Utilities
Chapter of the 2020 Comprehensive Plan, any update to the Plan requires a public
hearing before the Planning Commission.
Rich Brasch presented an overview of the update. Some of the areas of discussion
included the process to update the SWMP, a description of the existing system, other
agencies that the City interacts and coordinates with regarding its stormwater
management and wetland protection, goals and policies for stormwater management,
and new and re-development activities.
Chair Melander asked if anyone from the public would like to speak, and if so, they
may do so at this time. No public comments were received.
Chair Melander closed the public hearing with the standazd comments.
MOTION: Commissioner Churchill moved, seconded by Blundetto, to recommend
approval of the amendment to the Comprehensive Guide Plan to include the Surface
Water Management Plan - 2006. The motion carried 4-0.
B. Cobblestone Lake Commercial -Consider Comp Plan Amendment, Rezoning,
Subdivision, and Site PlanBuilding Permit Authorization for a Commercial
Development Project That Would Include a 179,443 sq. ft. General
Merchandise Retail Building, 5 Additional Retaff Buildings Totaling 33,600 sq.
ft., 2 Restaurants Having a Total of 10,155 sq. ft., and a 5,000 sq. ft. Bank with
Drive-thru Lanes on 23 Acres
Chair Melander opened the public hearing with the standard comments.
Acting Community Development Director Tom Lovelace presented the request from
Ryan Companies and Cobblestone Lake Development, Inc. They are requesting a
Comprehensive Plan Amendment, rezoning, preliminary plat and site plan/building
permit authorization.
Lovelace reported the applicant is requesting an amendment to the 2020 Land Use
Plan and sections of the text of the Comprehensive Plan 2020 Update. They would
like to amend the current "MD" (Medium Density Residential) to "C" (Commercial)
boundaries within the Cobblestone Lake Development to coincide with their
proposed commercial project. The proposed change would increase the area
designated "C" from 23 acres to 30 acres. The approved Cobblestone Lake Concept
Plan and planned development ordinance indicate up to 300,000 sq. ft. of
commerciaUinstitutional development will be constructed. The applicant is not
proposing a change in the maximum amount of commercial square footage. The
proposed project would be developed on approximately 24 acres and will have a total
of 228,198 sq. ft. of commercial space, which will leave 6 acres and 71,802 sq. ft. for
future development. The applicant has requested text changes to the Comprehensive
Plan.
Lovelace reported that the Cobblestone Lake Development is currently zoned
Planned Development No. 703. The planned development zoning classification is
used in the City for large-scale mixed-use projects because it allows for more
flexible performance standards and area requirements than what would be required in
atypical zoning district. During the initial request for the Cobblestone development,
the entire 320-acre site was rezoned from "SG" (Sand and Gravel) and "A"
(Agricultural) to Planned Development No. 703, with 8 subzones designated within
the ordinance document; only 3 of the 8 zones were shown on the zoning map.
Lovelace reported that the purpose of the rezoning request is to establish a new zone,
uses, perlValllailce StaildardS gild area requueailentS 1vI uie eoaTuTlereiai prcpert-y. The
applicant prepared a draft of the proposed ordinance amendments that identify uses
for the proposed commercial project, as well as some standards for building
materials and landscaping which have been reviewed by staff. Further refinement of
the ordinance amendment will be needed.
Lovelace stated the applicant is proposing to subdivide the northwesterly 33.1 acres
into one lot and eight outlots. The lot designated for the Target store will be 15.34
acres and the outlots will vary in size from .9 to 1.44 acres. The preliminary plat
indicates that the applicant will be dedicating 8.9 acres of land for street right-of--way
purposes, which will leave 24.2 acres for development. The lot will be the location
of a 179;443 sq. ft. retail store and a 842-space surface pazking lot. All but one lot
(outlot A) is proposed for future development of retail buildings and associated
pazking. The applicant has not indicated what they are proposing to use this outlot
for. A pipeline easement currently exists over all of the outlot, which will prohibit
any future construction. Lovelace stated that staff is recommended that outlot A be
incorporated into Lot 1.
The preliminary plat indicates the dedication of road right-of--way for a variety of
county roads and public streets. Platting of the property will include the following
right-of--way dedications:
• The west 85 feet for the Pilot Knob Road.
• The north 15 feet for future 153`d Street West.
• The south 105 feet for fixture 157th Street West, which will intersect
with Pilot Knob Road and Cobblestone Lake Parkway.
• The necessary right-of--way for the roundabout at the intersection of
157"' Street West and Cobblestone Lake Parkway.
• The southeasterly 100 feet for future Cobblestone Lake Parkway
North.
• The easterly 100 feet for future Street D, a street that will intersect
with both 153`a Street West and Cobblestone Lake Parkway to the
south.
Execution of access restriction easements, restricting direct access from the proposed
plat to Pilot Knob Road and 153`a Street West, shall be required as part of the
approval of the final plat. Utility and drainage easements, a minimum of 10 feet
wide or wider as required by the City, abutting public street rights-of--way and
centered on the rear or side lot lines, shall be required as part of the approval of the
final plat. This will include a drainage and utility easement 20 feet wide abutting the
west line of Lot 1 and outlot E2, which will be the location of a underground water
main line. Cross parking and access easements will also have to be executed as part
of approval of the final plat. The right-of--way for the old Dodd Boulevard alignment
is shown on the preliminary plat. Lovelace reported that the right-of--way should be
vacated as part of any approval for the project.
Lovelace reported the site plan indicated the proposed development of 33.1 acres that
include the following:
• 179,443 sq. $. Target retail center with an 842-space surface parking
lot located on 16.25 acres (Lot 1, Block 1).
• 5,000 sq. ft. bank with drive-through lanes and 33 surface parking
spaces (outlot Al).
• Two 9,600 sq. ft. multi-tenant retaiUfood service buildings. One will
be located on a 1.23 acre lot (outlot B) and will have 54 parking
spaces and the other will be located on a 1.44 acre lot (outlot C) and
will have 65 surface parking spaces.
• 7,200 sq. ft. multi-tenant retaiUfood service building located on a .95
acre lot (outlot D1) with 49 surface parking spaces.
• 4,555 sq. ft. restaurant located on a .97 are lot (outlot D2) with 48
surface parking spaces.
• 5,600 sq. ft. restaurant located on a 1.31 acre lot (outlot El) with 83
surface parking spaces.
• 7,200 retail building located on a 1.03 acre lot (outlot E2) with 36
surface parking spaces.
Access to the site will be via a private drive that intersects with Street D, two private
drives that intersect with Cobblestone Lake Parkway North, and a private drive that
connects to 157a' Street West.
The site plan indicates 9' x 18' wide parking spaces with 27-30 ft wide drive isles.
City code requires that each parking space be 9' x 20' in length. If the stall is
adjacent to a curb or a landscaped area, the required length can be reduced by 1.5
feet. In addition, the code allows for a width of 24 feet for two-way isles that serve
90-degree parking spaces. The applicant will need to revise their plans to bring the
parking spaces and drive aisles into compliance with City code.
The site plan shows areas where the sidewalk abuts a parking area. Those sidewalks
will need to be relocated a minimum of 1.5 feet back from any parking space.
Lovelace reported that the applicant will be required to make application for a
Natural Resources Management Permit (NRMP) that will be reviewed and approved
by the City prior to any grading activity.
The Natural Resources Coordinator has reviewed the preliminary landscape plans.
Revisions per the Coordinator's comments will need to be made. Staff also has some
concerns about screening the store's receiving area, which are not included on the
landscape plan. In addition, there is a pipeline easement located between the rear of
the building and 153rd Street West and the current policy of the pipeline company is
that no obstructions may be placed within an easement. This would include earth
berms, landscape materials, and fencing. Staff has some concerns on how the rear of
the site can be enhanced to screen the views of the rear of the building and the day-
to-day operations that will be handled in the back of the building from 153`d Street
West and the future residential development to the north.
Elevations were submitted for the Target building and the buildings on Outlots B, C,
Dl, and E2. The bank building and freestanding restaurants are not included in this
request.
Lovelace reported the sate is surrounded by existing or proposed public streets on all
sides. Pilot Knob Road, which is located along the west side of the site, is a county
road with no direct access to the project area. The future 153rd Street West located to
the north, will also restrict direct access to the site. The future Street D, a local
street, that will intersect with future 153rd Street West and future Cobblestone Lake
Parkway North will provide direct access to the site. Cobblestone Lake Pazkway
North, a local street with a raised center median design located adjacent to the south
of the site, will provide two private drive access connections to the site. Lovelace
stated that the applicant is proposing that the 157d' Street West~Pilot Knob Road
intersection be a full access intersection, which is currently in conflict with the
Dakota County's Access Spacing Guidelines.
The plans include the extension of Cobblestone Lake Pazkway North and South to
the east, and construction of Street A south from Cobblestone Lake Pazkway to 160tH
Street West. Lovelace stated the plan should also include the construction of Elm
Creek Lane, which was approved as part of the Cobblestone Lake South Shore
project.
The site idenfifies an internal sidewalk connection to the proposed buildings from the
sidewalks and pathways located within the public right-of--way.
Because the proposed subdivision is located adjacent to county roads, it is subject to
the review by the Dakota County Plat Commission. The plans were submitted and
reviewed by the Plat Commission at its November 27, 2006, meeting. Their
comments were included in the Commission's packet.
Lovelace reported that the applicant has submitted a master plan, elevations, and
criteria for signage in the proposed development. The applicant should continue to
work with staff on the development of a master sign plan that will address the needs
of the petitioner and the objectives of the City.
Molly Carson, with Ryan Companies, addressed the Commission and stated that the
members of the development team will present a brief overview of the project and
address any concerns the Commission may have.
John Shardlow, representing the applicant, presented a summary of the application
request. Shardlow stated that the commercial part of the overall development will be
less than 10% of the total development. He stated that the goal of the project was to
establish a viable neighborhood service center. Shardlow stated that this
development will not have a detrimental effect on Apple Valley's downtown area
and that Target has plans for a major reinvestment of the store located in the
downtt~own area. Commissioner Churchill commente[.d that she would like to see a
mod=fieation tv the plans to iu~u~e t3hle ~Jlte mVre pedeJY all 1 lelldly alld elleourage
pedestrian access.
Alan Klugman, representing the applicant, discussed traffic and access. Klugman
stated that 88-90% of the traffic will come off of the County road system and that the
development does not encourage cut through traffic. Tom Shorweide, the City's
Traffic Consultant, addressed the Commission and stated that he also reviewed the
traffic report prepared by the applicant and made comments regarding the report. A
copy of Shorweide's report was included in the Commission's packet.
Gerald Klitz, representing the applicant, presented an overview of the site layout.
Wayne Sicora, representing the applicant, discussed the building elevations. He
addressed staff's concerns about the rear elevations. Sicora stated that the rear
elevations now include a berm, shrubs, and grasses. The loading area and trash area
will also be screened.
Peter McEnery, representing the applicant, discussed connectivity to the site.
McEnery stated that the site can be accessed by the trail system or the Lake pathway.
In addition, there will be a tunnel connection to the Park-n-Ride. McEnery stated
that they have also been in discussion with Magellan to look at different types of
plant materials for berming in the rear of the store. Commissioner Blundetto
informed the applicant that he would not like to see the project held hostage if an
agreement can not be made with Magellan regarding the pipeline easement and
would suggest that the applicant have an alternative plan in mind to keep the project
moving forward.
In regards to signage, McEnery showed examples of proposed signage that. the
applicant is currently working on. Commissioner Diekmann asked where the various
examples would be located. Commissioners Diekmann and Blundetto wanted to
know if the City has any discretion in regards to signage. City Attorney Sharon Hills
stated that provisions can be put in the planned development zoning district to
regulate signs.
Bill McHale, representing the applicant, stated that the applicant is willing to do
anything the City asks in order to proceed with the project.
Chair Melander asked if anyone from the public would like to speak, and if so, they
may do so at this time.
Mike Spear, a resident of Cobblestone Lake development, stated that Cobblestone
Lake is already a great neighborhood and is about to become an outstanding
neighborhood. He would like to see the applicant attract retail businesses that are
profitable and have longevity.
Alan C. Kohls, a resident of Cobblestone Lake development, stated that he is very
impressed with the plan and would like to continue to see the high quality
maintained that is presently in the development. Kohls asked if old Dodd road
would be updated.
Cynde Suari, a resident of Cobblestone Lake development, stated that she has two
adult handicapped children and this proposed development will add a level of
independence to their lives.
John Michie, a resident of Cobblestone Lake development, stated that he is new to
Minnesota and to Apple Valley area and that he is impressed with the developers of
the project. Michie stated they have done a great job putting the site together.
Suzanne Nelson, a resident of Cobblestone Lake development, stated that she
thought the original plan was to have more `nom and pop" businesses rather than
large retail. Nelson stated that she loves the lake and would like to see special
attention given to the sight line from the lake. Nelson asked if Target would be
visible from the lake.
Juan Franchevick, a resident of Cobblestone Lake development, asked why the backs
of the buildings are facing the neighborhoods. Franchevick is also concerned about
pedestrian traffic to the Park and Ride station located along Pilot Knob Road.
Craig Giles, a resident of Cobblestone Lake development, stated that he would rather
see the fronts of the small retail buildings facing the parkway rather than the backs of
the buildings. Giles would also like to make sate that Target doesn't overtake the
development. He feels that Target should become a part of the community and not
the community becoming a part of Target.
Langdon Laumbach, a resident of Cobblestone Lake development, asked why a large
anchor store is needed in the development and if more commercial is planned in the
southwest side of the development. He pointed out that the Target located in Eagan
is only 100,000 sq. ft. and the proposed Target for this development is 175,000 sq. ft.
Laumbach stated that he noticed that the trash is oriented towards the residential area
and would like to know if it could be reversed. He asked if the City can do their own
traffic analysis.
William Gulker, a resident of Cobblestone Lake development, stated that he
originally signed a petition opposing the development. He is now happy to have
them and that some of the benefits of the development include additional taxes to the
City and Target's contributions to the local schools. Gulker stated that he is
concerned about stormwater runoff in the parking lot.
Robert Larwood, a resident of Cobblestone Lake development, stated that he saw an
article in U.S. News regarding developers putting up apartments because houses are
not selling. Larwood stated that he would not like apartments to be developed
nearby in the future, in particular, Section 8 housing.
Lindsey Tipler, concerned about stormwater runoff. Tipler would like to see the
integrity of the Lake and water quality maintained.
r"ha:r Melande. clo.,ed the public hearing w.th uhe standard c.,:rments.
It is the policy of the Planning Commission not to act on an item the same night as
its public hearing.
6. LAND USE/ACTION ITEMS
A. Mt. Olivet Youth Center -Consideration of Site P1anBuilding Permit
Authorization to Allow for Construction of a 16,000 sq. ft. Building
Tabled at the request of the petitioner.
7. OTHER BUSINESS
A. Review Updated Cobblestone Lake Mixed Use Development AUAR (Alternafive
Urban Areawide Review)
Acting Community Development Director Tom Lovelace presented the updated
Alternative Urban Areawide Review (AUAR) prepared for Cobblestone Lake, a
mixed use development that will include commercial/retail, institutional, and a
variety of low, medium and high-density residential uses. The AUAR is an update to
the Cobblestone Lake Development final AUAR that was adopted on May 31; 2001.
This update has been prepared pursuant to Minnesota Rules 4410.3600 Subp. 7A,
which states that in order to remain valid as a substitute form of review, the AUAR
Mitigation Plan must be revised if five years have passed since the RGU adopted the
original AUAR.
Lovelace reported that the Cobblestone Lake Development is located in the
southeastern corner of Apple Valley, east of Pilot Knob Road, north of 160"' Street
West, and west of Diamond Path. The site has a history of aggregate mining and
agricultural use.
The Cobblestone Lake Development includes up to 3,000 life-cycle residential units,
300,000 sq. ft. of commercial institutional development, and a 36-acre body of
regional storrnwater ponding that is known as Cobblestone Lake. Construction
began in 2001, and a total of 538 residential units have been built or platted.
A copy of the AUAR is available for public review in the City's Planning and
Development Office. Comments on the GUAR will be taken until December 15,
2006. After that, it will be reviewed and considered for adoption by the City
Council.
8. ADJOURNMENT
MOTION: Commissioner Churchill moved, seconded by Blundetto, to adjourn the meeting
at 9:26 p.m.
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