HomeMy WebLinkAbout01/03/2007CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
JANUARY 3, 2007
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, Frank Blundetto, Keith Diekmann, Thomas Helgeson,
David Schindler, Tim Burke, and Jeannine Churchill
Members Absent: None
Staff Present: Acting Community Development Director Tom Lovelace, City Attorney
Sharon Hills, Associate City Planner Margaret Dykes, and Assistant City Engineer Dave
Bennett
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the Agenda. There being none, he called
for approval of the Agenda.
MOTION: Commissioner Churchill moved, seconded by Diekmann, to approve the
Agenda. The motion carried 7-0.
3. APPROVAL OF MINUTES OF DECEMBER 20, 2006
Chair Melander asked if there were any changes to the minutes. There being none, he called
for approval of the minutes.
MOTION: Commissioner Burke moved, seconded by Diekmann, to recommend approval
of the amended minutes of the December 20, 2006, meeting. The motion carved 6-0, with.
Commissioner Churchill abstaining.
4. CONSENT ITEMS
None.
5. PUBLIC HEARINGS
A. 2007-2011 Capital Improvements Program -Consider Adoption of 5-Year
Capital Improvements Program as an Amendment to the Comprehensive Plan
Chair Melander opened the public hearing with the standard remarks.
Acting Community Development Director Tom Lovelace reported that the staff
person scheduled to presenting this update is absent due to a family emergency.
Lovelace stated that staff is recommending that the Planning Commission keep the
public hearing open until the January 17, 2006, meeting.
MOTION: Commissioner Churchill moved, seconded by Blundetto, that the public
hearing for the 2007-2011 Capital Improvements Program remain open until the
January 17, 2006, Planning Commission meeting. The motion carried 7-0.
6. LAND USE/ACTIONITEMS
A. All-Stars Montessori Daycare -Consider Conditional Use Permit and Site Plan
Building Permit Authorization to Allow for the Construction of a 4,300 sq. ft.
Daycare Facility
Associate City Planner Margaret Dykes presented the request from McDonald
Construction for a conditional use permit for a private daycare in the "LB" (Limited
Business) zoning district, and site plan building permit authorization fora 4,355 sq.
ft. one-story daycare facility.
Dykes reported that the "LB" (Limited Business) zoning district allows private
daycare facilities as a conditional use. The purpose of the conditional use permit is
to determine if the proposed site has any unique characteristics that require special
consideration to adequately accommodate the proposed use without adversely
impacting surrounding uses. Dykes stated that it is staff's opinion that the daycare
use complies with the zoning code and will not adversely affect surrounding uses.
Dykes reported that the lot was originally part of the Valley Commercial Park 2"d
Addition. hr 1977, Bor-Nel Properties, the property owners at the time, requested a
waiver of platting to construct a chiropractic clinic on the southern half of Lot 1,
Block 8 of Valley Commercial Park 2"d Addition. The northern half, which is the
subject property, was not developed. The City Council approved the lot split at its
meeting of September 22, 1977. The property is unplatted but is an existing lot of
record. However, because the property owner is requesting a building permit, the
subject lot will need to be platted. A public hearing will not be necessary but will
require City Council approval.
Dykes reported that the site plan shows a 4,355 sq. ft., one-story building to be used
for a daycare facility. The driveway and parking lot have been pushed to the south 2
feet so that no part of the driveway or parking lot is located in the 10' drainage and
utility easement on the north side of the lot. Access to the proposed building is
gained from Glenda Drive. The building conforms to City code regarding. building
coverage and setbacks. The plan shows 18 parking spaces, which is the minimum
number required. However, if the property is converted to an office use, 25 parking
spaces are required. Any future use of the building will need to be reviewed by City
staff to ensure parking requirements are met.
A 1,350 sq. ft. unfinished basement to house the building mechanicals is shown on
the plan. The basement may be used for storage but it cannot be occupied. The
proposed building coverage is 20%, which is the maximum allowed by Code. The
elevations show the building will be composed of stucco and brick, which complies
with City code.
The City intends to construct a driveway in the drainage and utility easement so that
City workers can access a lift station and stormwater pond on the property to the
west of the subject site. The driveway will likely be constructed sometime in 2007
or early 2008. The driveway will be laid over a storm sewer forcemain located in the
easement. The City's guideline is to not have any landscaping or structures over
these lines to prevent damage to the lines. It should be noted that there are other
private utilities in this easement that must also be protected.
The revised site plan does not show any screening of the building or parking lot.
City code requires screening of any business adjacent to a residential use. The
property owner will have to install screening of the easement.
Dykes reported that the City Engineer has reviewed the revised plan acid is still
concerned about the on-site infiltration of storrnwater. It does not appear that there is
sufficient capacity to store. the first %" of any rainfall event. The applicant must also
submit drainage calculations to prove thaYthere is adequate stormwaterhifiltration
on the site.
Commissioner Helgeson asked Dykes if the concerns from neighbors have been
addressed. Dykes stated that the applicant has addressed the neighbors concerns
with the exception of some driveway issues.
Commissioner Diekmann asked if the City requires on-site infiltration if it currently
exists on a site. Dykes responded that the City requires on-site infiltration for every
site, regardless if one exists.
MOTION: Commissioner Churchill moved, seconded by Bhmdetto, to recommend
approval of a Conditional Use Permit for a daycaze use for the proposed site as
shown on the plans dated December 28, 2006, subject to conformance with all
applicable City Codes and standards, and the following condition:
Any future use other than daycare of the proposed building shall be
reviewed by the City to ensure that adequate parking is provided.
The motion carried 7-0.
MOTION: Commissioner Churchill moved, seconded by Blundetto, to recommend
approval of the site plan and building permit authorization fora 4,355 sq. ft. daycare
facility, as shown on the site plan dated December 28, 2006, and elevations dated
November 15, 2006, subject to conformance with. all applicable City Codes and
standards, and the following conditions:
• No building permit shall be used until a final plat for the subject lot
has been approved by the City, recorded with Dakota County and
proof of recording has been submitted to the City.
• The applica~st shall submit infiltration and capacity calculations to
ensure the first '/~ inch of a rainfall event will infiltrate on the subject
site.
• All grading shall be confined to the subject site; no off-site grading
shall occur. No grading shall commence until. the applicant has
obtained a Natural Resources Management Permit.
• The installation of a minimum 8-foot tall maintenance-free opaque
fence along the south side of the northern drainage and utility
easement to provide screening for the residential uses to the north.
Said fence shall adequately screen all parking spaces and shall be
reviewed by City staff prior to its installation to ensure compliance
with the City Code.
• No part of the basement. may be occupied.
• There shall be no weekend hours for construction or earthmoving.
Construction and earthmoving shall be confined to the hours of 7 a.m.
to 7 p.m. Monday through Friday only.
• Alighting plan shall be submitted with the finalconstnictionplav that
ensures all site lighting complies with City Code.
• The driveway shall be striped and signed indicating one-way traffic
circulation.
• Submission of a nursery bid list that confirms the landscape materials
meet or exceed 2 '/~ % of the value of the construction of the building
based on Means Construction Data.
• Garbage shall be picked up from the trash enclosure between the
hours of 5:30 a.m. to 7:30 a.m.
The motion carried 7-0.
B. Mt. Olivet Youth Center -Consideration of Site PlanBuflding Permit
Authorization to Allow for Construction of a 16,000 sq. ft. Building
Associate City Planner Margaret Dykes presented the request from Mt. Olivet
Assembly of God Church for site plan building permit authorization for an
approximately 16,000 sq. ft. building.
Dykes reported that the property is zoned "P" (Institutional) which allows ancillary
uses as permitted accessory uses. It is the City staff's opinion that the multi-purpose
building, which is to be used for a youth center, is similar to the permitted
enumerated uses in the zoning code. Dykes stated that the Planning Commission and
City Council must determine is the proposed multi-purpose building is a similar use
to those listed in the zoning code.
Dykes reported that the site plan shows an approximately 16,000 sq. ft. multi-
purposebuilding on the Mt. Olivet Church site. The proposed building is to be
constructed in the current location of a vacant single-family house. The house is to
be demolished. A demolition permit is necessary from the Building hispections
Department.
Dykes reported that the footprint of Mt. Olivet Church is approximately 13,000 sq.
ft., though the entire site. The proposed multi-purpose building is intended to be
used for youth ministry, as well as other church purposes. The site plan shows the
parking lot will be expanded from 228 spaces to 256 spaces, which is sufficient
parking for both uses on the site. The proposed building and expanded parking lot
meet all required setbacks. Total building coverage is approximately 9% of the 8.5
acre lot.
Dyke reported that a trash enclosure located on the west side of the proposed
building will need to be constructed of the same masonry materials as the building.
Sidewalks surround the new building and connect to the parking lot. There is no
connection to the bituminous path on Cedar Avenue. Because of steep grades, it is
somewhat difficult to make a connection from the bituminous path to the sidewalk.
It is not clear where the mechanicals will be placed. Dykes stated that the
mechanicals need to be property screened according to the requirements of City
Code.
The elevations for the proposed building will consist of EIFS, face brick and
masonry block, which are permitted by the zoning code. The building will be 36 feet
tall at its highest point. The applicant had submitted revised elevations which show
some additional architectural details on the south and west building faces. The
Planning Commission had stated that previous iterations of the elevations were plain
and did not blend with the surrounding buildings. The revised elevations show
scoring in the EIFS walls and brick pilasters on the south and west elevations, and
use of coping on the roofline.
The City Engineer reviewed the revised grading plan and has no major outstanding
issues. However, there is a small portion of a retaining wall that is located in a
drainage and utility easement, which does not comply with city Code. The applicant
had indicated that the walls can be moved and there will not be any walls in any
easements.
A stormwater infiltration area is shown on the southwest side of the site. The
applicant has supplied volume calculations which show that the infiltration area is
sized appropriately. A Natural Resources Management Permit will be required prior
to any grading activities.
Dykes reported that the Natural Resources Coordinator has reviewed the landscaping
plan and has some minor issues with the plan. The applicant must make revisions
per the Natural Resources Coordinator's recommendations.
5
The applicant has provided a tree mitigation plan, which more than meets the City
requirements. The zoning code requires that the costs of live landscaping materials
(excluding sod) equal or exceed 2 % % of the cost of the building materials. The
applicant must supply the building costs and landscaping costs as part of the building
permit application.
As previously requested by the Planning Commission, Dykes displayed colored
elevations of the project.
Dykes reported that staff is recommending approval of the project.
Commissioner Blundetto asked if a pedestrian connection could be made to the north
from proposed building to existing Church.
Commissioner Helgeson asked if the northeast perspective had changed. Dykes
responded that the northeast elevations are very similar to what has been previously
presented. Helgeson commented that the screening shown on the site plan will
enhance the south perspective.
Chair Melander commented that he likes the pilasters
Commissioner Churchill asked members of the Planning Commission if they are
comfortable recommending that the proposed multi-purpose building is similar to the
permitted uses listed in the City code. The consensus of the Commission was that
the building does meet the definition of permitted uses.
MOTION: Commissioner Churchill moved, seconded by Blundetto, to recommend
that the proposed multi-purpose building is a similar use to those listed in Section
155.247 of the City Code. The motion carried 7-0.
MOTION: Commissioner Churchill moved, seconded by Blundetto, to recommend
approval of the site plan building permit authorization fora 16,000 sq. ft. multi-
purposebuilding asshown on the site plans received in City offices on November 6,
2006, and December 12, 2006, and the elevations received in City offices on
December 7, 2006, subject to all applicable City Codes and standards, and the
following conditions:
• No permit shall be issued until all existing drainage and utility
easement son which the proposed building is to be constructed have
been vacated.
• No grading shall commence until the applicant has obtained a Nah~ral
Resources Management Permit.
• Submission of a nursery bid list that confirms the landscape materials
meet or exceed 2.5% of the value of the construction of the building
based on Means Construction Data.
• All rooftop and/or exterior mechanicals shall be adequately screened
to comply with City code.
All masonry building materials shall be integrally colored and shall
not be painted. Colors of all materials and method of
application/pigmentation must be clearly marked on plans submitted
for building permit application.
The grading plan shall be revised to address the comments of the City
Engineer's memo dated December 13, 2006.
All storrnwater infiltration areas shall be seeded with a native grass
mix such as MnDOT Seed Mix #310.
The motion carried 7-0.
OTHER BUSINESS
None.
8. ADJOURNMENT
MOTION: Commissioner Blundetto moved, seconded by Burke, to adjourn the meeting at
7:24 p.m.