HomeMy WebLinkAbout06/04/2008 CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
JUNE 4, 2008
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair Jeannine
Churchill at 7:00 p.m.
Members Present: Jeannine Churchill, Keith Diekmann, Tim Burke, Thomas Helgeson, Frank
Blundetto and Dauid Schindler
Members Absent: Tom Melander
Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace,
Associate City Planner Kathy Bodmer, City Attorney Sharon Hills, Assistant City Engineer David
Bennett and Department Assistant Barbara Wolff
2. APPROVAL OF AGENDA
Chair Churchill asked if there were any changes to the agenda. There being none, she called for
approval of the agenda.
MOTION: Commissioner Schindler moved, seconded by Commissioner Helgeson to approve the
agenda. The motion carried 6-0.
3. APPROVAL OF MINUTES OF MAY 21, 2008
Chair Churchill asked if there were any changes to the minutes. There being none, she called for
approval of the minutes.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Helgeson, to recommend
approval of the minutes of the May 21, 2008, meeting. The motion carried 4-0. Commissioner
Blundetto and Commissioner Schindler abstained.
4. 2030 COMPREHENSIVE PLAN UPDATE/ACTIONS
Community Development Director Bruce Nordquist updated the Planning Commission on the 2030
Comprehensive Plan. The consultant, Rusty Fifield, and staff are draffing multiple changes to the
chapters, including the community context, land use, housing, economic development, and parks
and active living chapters. Staff expects to distribute it to the Planning Commission for an informal
session beginning at 5:30 p.m. on June 18`". There will also be an informal session with City
Council at 6 p.m. on June 26te
The City Council informal meeting will include three topics that may be of interest to the Planning
Commission:
• Transit oriented development study
1
S:\plamiing\PLANCOMM\2008 agenda & minutes\060408mdoc
• Comprehensive Plan and the draft
• Cedar corridor and station stop location
5. CONSENT ITEM
A. Set public hearing to consider amendments to the Water Emergency and
Conservafion Plan section of the Comprehensive Plan.
The City's Public Works Department has prepared the Apple Palley Water Emergency and
Conservation Plan, which is a component of the City's Comprehensive Guide Plan - 2020 Update.
The plan is broken into four parts: an analysis of the City's water supply system, including demand
projections; procedures for a water emergency caused by a power failure, contamination, sabotage,
drought, flooding or other natural disasters; a water conservation plan to improve efficiency in
water delivery, reduce water demand, and limit water waste; and a section that ensures the Plan is
consistent with the Metropolitan Land Use Planning Act. Because the Water Emergency and
Conservation Plan is part of the Utilities Chapter of the Comprehensive Plan, it must be reviewed at
a public hearing before the Planning Commission. Carol Blommel-Johnson, Acting Public Works
Director, will present the plan to the Commission at the public hearing.
Chair Churchill asked for anydiscussion or comments Hearing none, she called for a motion.
MOTION: Commissioner Burke moved, seconded by Commissioner Blundetto, to recommend the
Commission adopt the draft resolution setting of a public hearing for July 16, 2008, to consider the
draft Water Emergency and Conservafion Plan. The mofion carried 6-0.
6. PUBLIC HEARING
--NONE--
7. LAND USE/ACTION ITEMS
A. Legacy North Apartments and Commercial Development -Consider
amendments to PD-739 (Planned Development), preliminary plat and'site
plan/building permit authorizafions for five buildings (three apartments, one
commerciaUretail, and one retail/apartment).
Associate City Planner Kathy Bodmer stated that the petifioner is proposing to:
1. Amend Planned Development #739 as follows:
o Amend permitted uses in Zone 2 to allow single-story retaiUcommercialuses.
o Amend setbacks on 153~d Street, Fortino Street, Galante Lane, Fresco Terrace and
Foliage Avenue.
o Amend approved uses on the subject properties
o Amend the approved master development plan layout.
S:\planning\PLANCOMM\2008 agenda & minutes\060408mdoc Z
o Revise the boundaries of the Planned Development subzones to conform to the platted
lots.
2. Preliminary plat to consolidate Lots 1 & 2, Block 10, and reconfigure drainage and utility
easements on Lot 1, Block 9, and Lots 1 & 2, Block 10.
3. Site plan review building permit authorization to construct the following:
o Three apartment buildings with a total of 147 units.
o One 14,026 sq. ft. commerciaUretail building.
o One 5-story mixed use building with 12,636 sq. ft. of commerciaUretall space and 53
apartment units.
The. subject parcels include all of the parcels zoned PD-739, Zone 2, (including the Village at
Founders Circle Zone 2 parcels) and Lot 1, Block 7; Lot 1, Block 8; Lot 1, Block 9; and Lots 1 and 2,
Block 10, Legacy of Apple Valley North.
Follow-Up Items from May 21, 2008, meeting:
1. Amend Permitted Uses to Allow Sinnle-Story Buildings: Staffprepared language for the Planning
Commission to consider that would allow asingle-story use in Zone 2 provided (1) the building is a
minimum of 25' tall and has a 2-story appearance; (2) the first floor of the building has 40% window
coverage; (3) the total area of 1-story buildings does not exceed 22,000 sq. ft. on each side of Galaxie
Avenue; and (4) a 1-story building will not be allowed on the Founders Circle Triangle site or on the
Legacy North Block 8 site. The petitioner is requesting the zoning amendment because the market
demand for office space is weak. In addition, removing the second story reduces the demand for
parking on the site.
2. Changes Made to Previous Plans: The petitioner provided revised plans for Block 10 which
illustrates four more parking spaces can be constructed along 153'a Street.
Public Hearing Comments: The public hearing was opened on Apri12, 2008, and continued on April
16, 2008, and May 7, 2008. Several comments were received from the public at the meetings.
Bodmer presented a synopsis of the wmrnents and staffresponses.
1. The amendments to the Legacy North plan takes away from original vision for area and
the tall buildings take away "village feel."
2. Concern about loss of "upscale" development.
2. Concern about change from commercial buildings to apartment buildings:
3. Concern about change from owner-occupied housing to rental housing.
4. Suggestions that the apartment buildings on Blocks 9 and 10 should have retafl on the
first floor.
5. Apartments will block the view of Kelley Park.
6. Concern about accidents at 153`d Street and Foliage Avenue.
Staf~'Response.• The overall vision for the Central Village was to create apedestrian-oriented,
walkable, compactly developed, mixed use development that would complement the existing
downtown. It was envisioned that the variety of residential housing types, smaller-scale retail shops,
offices with live/work potential and purposefully designed parks and open spaces would create a
vibrant area that would appeal to both residents and employees in the immediate area, as well as to
residents in the rest of the City.. Thoughtfiil design that incorporates human-scale architechxral and
landscape elements was expected to give the area a unique "sense of place." The design of the
S:~planning\PLANCOMM~2008 agenda & minutes\060408m.doc 3
Central Village was not intended to be specifically "upscale," but was to be carefully designed and
well constructed, providing a variety of housing, retail, and commercial opportunifies.
The current market conditions have made it necessary to make minor adjustments to the plan, but in
general, the overall vision remains intact. The switch from commercial uses along Foliage Avenue
and 153`a Street to residential uses is more compatible with adjacent residential uses to the east and
south. The residential units will be constructed with condominium amenities and platted so they may
be sold as condominiums in the future. The petitioner has done a market analysis that suggests that
commercial will be most successful along Galaxie Avenue and housing will be most successful along
153' Street.
The layout of the apartment buildings is consistent with the Master Plan approved in 2004. The
buildings flank Fresco Terrace and create a view comdor that opens up onto Kelley Park. The
petitioner explained that bringing the buildings close to Fresco Terrace creates a visual "choke point"
which encourages the eye to look down the corridor and see Kelley Park.
The accidents at 153' Street and Foliage Avenue continue to be monitored. The second stop sign
added on the north side of the east bound lane of 153`d Street appears to haue alleviated some of the
problems that were occurring at the intersection. Staff will be moving forward to post "No Parking"
signs in the area north of 153rd Street along Foliage Avenue. The Traffic Consultant is working
with the Acting Public Works Director on this issue.
Bodmer asked for questions from the Planning Commission.
Chair Churchill, hearing no comments from the Commission, asked the petitioner to step forward.
Frank Janes with Hartford Group stepped forward to address the Commission. He quesfioned the
study of traffic conditions along Foliage Avenue, which is adjacent to Block 10_ There have been no
traffic accidents in 2008 since the second stop sign has been installed. Mr. Janes stated that staff will
likely make a recommendation that the currently allowed parking along Foliage Avenue, adjacent to
Block 10, be eliminated. Mr. Janes asked if the City is considering parking limitations along Foliage
Avenue, extending north past 152nd Street.
Bodmer replied that would be under the review of the Traffic Coordinator and Public Works Director.
The Traffic Engineer stated he would be comfortable restricting parking north of the intersection of
Foliage and 153rd for 345 feet. He would like to do filrther study and look at crash information It
may be possible that additional parking restrictions along Foliage Avenue north of the intersection
may be necessary.
Bodmer stated the parking review is separate than the planning process. However, staff thought the
discussion regarding parking restrictions was necessary at this time.
Chair Churchill stated she recalled the residents stating there are no clearly marked pedestrian
crossings of Foliage Avenue in this area, and that there is no safe way for residents to cross to Kelley
Park or the new shopping area. She said. she knows this is not part of this proposal, but asked if the
City has any plans to add striping or to assist pedestrians in this area?
S:\planning\PLANCOMM\2008 agenda & minutes\060408mdoc q
Bodmer answered that by law pedestrians are able to cross intersections at stop signs. However,
striping a crosswalk at uncontrolled parts of Foliage Avenue would give pedestrians a false
expectation that they were safe.
Chair Churchill replied the Commission heard many concerns about the crossing of Foliage Avenue
and although it is not part of the petitioner's proposal at this time, she encouraged the City to keep in
mind crossings on Foliage for the future.
Commissioner Helgeson asked if there are any changes to the recommendations other than the
minimum window coverage of 40% is reduced to 35%.
Bodmer replied the only other changes are more technical ternunology on lb and 1 c to be very clear
about the limitations on the east and west sides of Galaxie Avenue.
Chair Churchill asked if the petitioner had reviewed these recommendations.
Mr. Janes replied yes.
Chair Churchill hearing no further discussion called for a motion.
MOTION: Commissioner Helgeson moved, seconded by Commissioner Schindler to recommend
approval of an amendment to PD-739, Zone 2, to allow single-story retail/commercial uses as a
permitted use, subject to the following conditions:
a. The height of the building as measured from grade shall be a minimum of 25 feet and
shall be designed to appear as atwo-story building. The minimum building height shall
not include decorative parapets, towers, or other architectural, ornamental or mechanical
treatments.
b. Any elevaton of the building that fronts a public street, sidewalk, parking lot, or open
space as defined herein shall have window coverage of a minimum of 35% of the total
square feet area of the elevation. The windows in the lower 50% area of the elevation
shall be constructed of a material that allows unobstructed views into the building.
Spandrel glass or other false window material shall not be permitted for windows that are
located in the lower 50% area of the elevation but may be installed in the upper 50% area
of the elevation. This provision shall not be construed to prohibit tenants from using such
windows for product display visible from the exterior of the building. The phrase "open
space" shall mean any publicright-of--way, public property, and any outdoor private
property which is open to the general public, including, but not limited to: plaza areas,
court yards; outdoor dining areas, patios, commons, gardens or other feature areas for
display to and review by the public.
c. The total number ofsingle-story buildings on each side of Galaxie Avenue shall be
limited by an aggregated total square foot area for all single-story buildings. No more
than an aggregated total of 22,000 square feet of building area shall be permitted on the
east side of Galaxie Avenue and no more than an aggregated total of 22,000 square feet of
building area shall be permitted on the west side of Galaxie Avenue. For purposes of
examples: if 2 single-story buildings aze located on the east side of Galaxie Avenue and
each is 11,000 square feet, then no additional single-story buildings shall be allowed on
S:\planning\PLANCOMM\2008 agenda & minutes\060408m.doc 5
the east side of Galaxie Avenue; if a 13,000 square foot single-story building is permitted
on the west side of Galaxie Avenue, then only 9,000 square feet area of building is
allowed, subject to size area requirements of the Code.
d. Such single-story use shall not be permitted on Lot 1, Block 1, VILLAGE AT
FOUNDERS CIRCLE or Lot 1, Block 8, THE LEGACY OF APPLE VALLEY NORTH.
The motion carved 6-0.
MOTION: Commissioner Burke moved, seconded by Commissioner Schindler to recommend
approval of an amendment to Planned Development #739, Zone 2, to allow commercial or retail
single use buildings. Multiple-family dwellings shall be permitted only in mixed-use buildings in
Zone 2.
The motion carried 6-0.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler to recommend
approval of an amendment to Planned Development #739, to reduce setbacks on 153 Street,
Fortino Street, Galante Lane, Fresco Terrace and Foliage Avenue in accordance with the setback
chart titled "PD-739 Table of Minimum Area Standards and Requirements" dated May 21, 2008.
The motion carried 6-0.
MOTION: Commissioner Blundetto moved, seconded by Commissioner Burke to recommend
approval of an amendment to Planned Development #739, to revise the boundaries of the Planned.
Development subzones to conform to the platted lots.
The motion carried 6-0.
MOTION: Commissioner Schindler moved, seconded by Commissioner Helgeson to recommend
approval of an amendment to the Legacy of Apple Valley North Master Plan, approved May 13,
2004, to allow a change in use on Lot 1, Block 7, from mixed-use retail and residential buildings to
a one-story retail/commercial building, subject to conditions of approval of the amendments to PD-
739 as set forth in 1, 2 and 3 above and execution of a revised Planned Development Agreement.
The motion carried 6-0.
MOTION: Commissioner Helgeson moved, seconded by Commissioner Burke to recommend
approval of an amendment to the Legacy of Apple Valley North Master Plan, approved May 13,
2004, to allow a revised layout for Lot 1, Block 7, in accordance with plans received Apri122, 2008,
subject to conditions of approval of amendments to PD-739 as set forth in 1, 2 and 3 above,
execution of a revised Planned Development Agreement and approval of the site plan/building
permit authorization as set forth in Sc below.
The motion carried 6-0.
S:\planning\PLANCOMM\2008 agenda & minutes\060408mdoc
MOTION: Commissioner Burke moved, seconded by Commissioner Schindler to recommend
approval of the site plan and give building permit authorization to construct a 14,026 sq. ft. retail
building in accordance with plans received in City Offices on Apri122, 2008, subject to the
following conditions:
i. Such approval is conditioned upon approval of conditions of amendments to PD-
739 asset forth in 1, 2 and 3 above and execution of a revised Planned
Development Agreement.
ii. Such. approval is conditioned upon approval of amendments to the Legacy of
Apple Valley North Master Plan as set forth in Sa and Sb above.
iii. The project shall comply with all City Code requirements and construction
standards.
iv. The number of Class I (full service) indoor restaurant seats allowed in buildings
on Blocks 7 and 8 shall be limited to a total of 190, unless the property owner can
demonstrate that sufficient parking is available on site to accommodate the
additional seats.
v. A nursery bid list shall be submitted that verifies that the value of the landscape
plantings, and other approved statuary and landscape elements, meet or exceed 2-
1/2% ofthe value of the construction of the building based on Means
Construction Data.
vi. A trash management plan shall be submitted at the time of building permit
application which indicates how trash will be stored and removed from the site.
vii. A phasing plan shall be submitted for review and approval by the City Council.
The motion carved 6-0.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler to recommend
approval of an amendment to the Legacy of Apple Valley North Master Plan, approved May 13,
2004, to allow a revised layout for Lot 1, Block 8, in accordance with plans received Apri122, 2008,
subject to approval of amendments to PD-739 as set forth in 1, 2 and 3 above, execution of a revised
Planned Development Agreement, and approval of the site plan building permit authorization as set
forth in 6b below.
The motion carried 6-0.
MOTION: Commissioner Blundetto moved, seconded by Commissioner Schindler to recommend
approval of the site plan and give building permit authorization to construct a 5-story mixed use
building with 12;636 sq. ft. of retaiUcommercial space and 53 apartment units, in accordance with
plans received in City Offices on Apri122, 2008, subject to the following conditions:
viii. Such approval is condifioned upon approval of amendments to PD-739 as set
forth in 3 above and execution of a revised Planned Development Agreement.
ix. Such approval is conditioned upon approval of the amendments to the Legacy of
Apple Valley North Master Plan as set forth in 6a above.
S:\planning\PLANCOMM\2008 agenda & minutes\060408m.doc 'J
x. Such approval is conditioned upon approval of the site plan building permit
authorization for Lot 1, Block 7, as set forth in Sc above.
xi. Cross parking easements shall be executed between Lot 1, Block 7, and Lot 1,
Block 8, and filed with the deed at the Dakota County Recorder's Office.
xii. The project shall comply with all City Code requirements and construction
standards
xiii. The number of Class I (full service) indoor restaurant seats allowed in buildings
on Blocks 7 and 8 shall be limited to a total of 190, unless the property owner can
demonstrate that sufficient parking is available on site to accommodate the
additional seats.
xiv. The petitioner shall demonstrate at the time of application of
the building permit
that the air handling vents on the exterior of the building for the residential units
are screened from view of public streets.
xv. A nursery bid list shall be submitted that verifies that the value of the landscape
plantings, and other approved statuary and landscape elements, meet or exceed 2-
1/2% ofthe value of the construction of the building based on Means
Construction Data.
xvi. A trash management plan shall be submitted at the time of building permit
application which indicates how trash will be stored and removed from the site.
xvii. A phasing plan shall be submitted for review and approval by the City Council.
The motion carried 6-0:
MOTION: Commissioner Schindler moved, seconded by Commissioner Burke to recommend
approval of an amendment to the Legacy of Apple Valley North Master Plan, approved May 13,
2004 to allow a change in use on Lot 1, Block 9, from office/commercial to multiple-family.
The motion carried 6-0.
MOTION: Commissioner Helgeson moved, seconded by Commissioner Diekmann to recommend
approval of an amendment to the Legacy of Apple Valley North Master Plan, approved May 13,
2004 to allow a revised layout for Lot 1, Block 9, in accordance with plans received Apri122, 2008,
subject to conditions of approval of amendments to PD-739 as set forth in 3 and 4 above and
execution of a revised Planned Development Agreement.
The motion carried 6-0.
MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann to recommend
approval of the preliminary plat of Lot 1, Block 9, in accordance with plans received in City Offices
on Apri122, 2008, subject to compliance with all City Code requirements.
The motion carried 6-0.
S:\planning\PLANCOMM\2008 agenda & minutes\060408m.doc g
MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler to recommend
approval of the site plan and give building permit authorization to construct 49 apartment units in
accordance with plans received in City Offices on Apri122, 2008, subject to the following
conditions:
xviii. Such approval is conditioned upon approval of 7a, 7b and 7c above.
xix. No building pernut shall be issued until a receipt is received confirming that the
final plat has been received for recording at Dakota County.
xx. The petitioner shall demonstrate at the. time of applicaton of the building permit
that the air handling vents on the exterior of the building are screened from view
ofpublic streets.
xxi. A nursery bid list shall be submitted for each site that verifies that the value of
the landscape plantings, and other approved statuary and landscape elements,
meet or exceed 2-1/2% of the value of the construction of the building based on
Means Construction Data.
xxii. A trash management plan shall be submitted at the time of application for the
building permit which indicates how trash will be stored and removed from the
site.
The motion carried 6-0.
MOTION: Commissioner Blundetto moved, seconded by Commissioner Schindler to recommend
approval of an amendment to the Legacy of Apple Valley North Master Plan, approved May 13, 2004
to allow a change in use on Lots 1 and 2, Block 10, from office/commercial to multiple-family
residential.
The motion carried 6-0.
MOTION: Commissioner Schindler moved, seconded by Commissioner Diekmann to recommend
approval of an amendment to the Legacy of Apple Valley North Master PIan, approved May 13, 2004
to allow a revised layout for Lots 1 and 2, Block 10, subject to approval of amendments to PD-739 as
set forth in 3 and 4 above and execution of a revised Planned Development Agreement.
The motion carried 6-0.
MOTION: Commissioner Helgeson moved, seconded by Commissioner Schindler to recommend
approval of the preliminary plat of Lots 1 and 2, Block 10, in accordance with plans received in City
Offices on Apri122, 2008, subject to compliance with all City. Code requirements.
The motion carried 6-0.
MOTION: Commissioner Burke moved, seconded by Commissioner Schindler to recommend
approval of the site plan and give building permit authorization to conshuct two buildings with a total
of 98 apartment units in accordance with the plans received in City Offices on Apri122, 2008, and
S:\planning\PL.ANCOMM\2008 agenda & minutes\060408m.doc 9
revised plans received May 2, 2008 and May 16, 2008; for Lots 1 and 2, Block 10, subject to the
following conditions:
xxiii. Such approval is conditioned upon approval of 8a, 8b and 8c above.
xxiv. No building permit shall be issued until a receipt is received confirming that the
final plat has been received for recording at Dakota County.
xxv. The petitioner shall demonstrate at the time of application of the building permit
that the air handling vents on the exterior of the building aze screened from view
of public streets
xxvi. A nursery bid list shall be submitted for each site that verifies that the value of
the landscape plantings, and other approved statuary and landscape elements,
meet or exceed 2-1/2% of the value of the construction. of the building based on
Means Construction Data.
xxvii. A trash management plan shall be submitted at the time of application for the
building permit which indicates how trash will be stored and removed from the
site.
The motion carried 6-0.
B. Panino Bros. Outdoor Seating C.U.P. -'Consider a conditional use permit to
allow for outdoor seating in conjunction with a restaurant.
City Planner Tom Lovelace stated the petitioner is requesting approval of a conditional use permit
to allow for outdoor seating in conjunction with a restaurant. The restaurant is located in the first
floor of the Crrandstay Hotel, which is located at 7083 153rd Street West. -
"PD-739/zone 2" (Planned Development) zoning district allows outdoor sidewalk cafes in
conjunction with a restaurant as a conditional use, subject to review by the Planning Commission
and City Council and to the following standards:
• A minimum of five. feet of sidewalk along the curb and leading to the entrance of the
restaurant shall be maintained free of tables, chairs, and other obstructions.
• Temporary barriers shall be used as a way of defining the sidewalk cafe area.
• Extended awnings, canopies, or large umbrellas with colors that complement the
building colors maybe permitted.
• Additional outdoor trash receptacles shall be provided.
• Tables, chairs, planters, trash receptacles, and other elements of street furniture shall be
compatible with the azchitectural character of the building where the restaurant is located
and/or City street furniture standards.
The petitioner is proposing to place five tables, which will have four chairs each, along the west
side of the building in an approximately 1,000 sq- ft. patio, which has a 2.5 ft. high wrought iron
fence around the perimeter, and three tables with two chairs each along the south side of the
building within a 10 foot wide private sidewalk.
The zoning code requires a minimum of one parking space per five seats of outdoor eating area,
excluding the first ten seats. The petitioner is proposing 26 seats in their outdoor eating areas, which
S:\planning\PI,ANCOMM\2008 agenda & minutes\060408m.doc 10
will create a need for a minimum of 3 parking spaces. The site currently has 118 off-street parking
spaces and 21 on-street spaces located directly adjacent to the property to accommodate the 78-room
hotel and 11,000 sq. ft. of commerciaUretall space, of which, the restaurant occupies 4,100 sq. ft. The
off-street and adjacent on-street parking should be able to accommodate the proposed outdoor seating.
The restaurant's current liquor license does not allow for sales in the proposed outdoor seating area.
The petitioner will need to amend their current license to include the outdoor patio. An application
for an amended liquor license has been made and is scheduled for the City Council meeting of June 5,
2008.
To ensure control of the consumption of liquor on the premises, the Police Department suggested that
all the outdoor seating be eliminated along the sidewalk on the south side and confined to the patio
area along the west side of the building. The petitioner has agreed to this recommendation.
Access to the patio area will be from inside the restaurant and a gate along the north side of the patio.
The city's Fire Marshal has reviewed the site plan and has indicated that a hard surface pathway that
includes a handicap accessible ramp will need to be constructed from the gate to the parking lot. If
the gate was relocated to the south side of the patio area and a pathway extended to the existing
sidewalk, no handicap accessible ramp would be required.
Commissioner Helgeson asked for clarification in regards to the access door from the patio area to
the restaurant.
Lovelace answered that the proprietor of the restaurant and the owner of the hotel agreed that the
access door from the patio area to the restaurant would be closed when the outdoor patio was
closed.
Chair Churchill asked if the people eating outside on the patio would need to move indoors when
the patio closed.
Lovelace said he thought taking any orders would cease at the closing fime, but patrons would be
allowed to finish their meal outdoors.
Commissioner Diekmann asked for the location of the main restaurant entrance.
Lovelace replied the main entrance is accessed from within the hotel, although there are also
entrances along 153' Street.
Commissioner Burke asked if the "no smoking" restriction was consistent with other outdoor
seating within the City.
Lovelace responded no. The owner of the hotel and the proprietor of the restaurant agreed to
prohibit smoking in the patio area so that there are no adverse impacts on the hotel because there are
suites located right above the patio area. They agreed upon smoking being allowed outdoors along
153rd Street.
Chair Churchill hearing no further comments called for a motion.
S:\planning\PLANCOMM\2008 agenda & minutes\060408m.doc 11
MOTION: Commissioner Burke moved, seconded by Commissioner Blundetto to recommend
approval of a condifional use permit to allow for an outdoor cafe/seating area in conjunction with
the Panino Bros. Restaurant located at 7083 153`d Street West, subject to the following conditions:
1. The Conditional Use Permit shall apply to property legally described as Lot 2,
Block 2, VILLAGE AT FOUNDERS CIRCLE.
2. Such operations shall be conducted in conformance with the site plan dated May 30,
2008, on file at the City Offices.
3. A 2.5 foot high wrought iron fence shall be located along the perimeter of the
outdoor cafe/seating area not directly abutting the building.
4. Agate shall be located along the southwest side of the outdoor cafe/seating area and
a hard surface pathway shall be installed from the gate to the sidewalk along 153'
Street West.
5. The maximum of 26 seats shall be allowed in the outdoor cafe/seating area.
6. The hours of operation of the outdoor cafe/seating area shall be from 11:00 a.m. to
9:00 p.m. Sunday thru Thursday and 11:00 a.m. to 10:00 p.m. Friday and Saturday.
Access from the outdoor cafe/seating area to the restaurant shall not be allowed after
9:00 p.m. Sunday thru Thursday and 10:00 p.m. Friday and Saturday.
7. The outdoor cafe/seating area shall be designated "No Smoking Allowed".
8. The Conditional Use Permit may be revoked for cause if the terms of (2) or (3) or
(4) or (5) or (6) or (7) preceding are not adhered to.
The motion tamed 6-0.
8. OTHER BUSINESS
A. Cobblestone Lake Master Sign Plan and "PD" Amendments -Consider
proposed amendments to allow for increased height and reduced setbacks for
monument signs and site plan/building permit authorization for several
monument signs and clock tower in the Cobblestone Lake development.
City Planner Tom Lovelace stated that the petitioner is proposing amendments to "PD-703"
(Planned Development) to allow for reduced setbacks and increased heights for monument signs in
the Cobblestone Lake development and site plan building permit authorization to allow for
construction of several monument signs and a clock tower in the west half of the Cobblestone Lake
development. The 320 acre mixed-use development is generally located in the northeast corner of
160` Street West and Pilot Knob Road.
The petitioner is proposing to construct monument signs at the intersections of 160s' Street West and
Ehn Creek Lane, 160a' Street West and Elmhurst Lane, 160a' Street West and Pilot Knob Road, 157a`
S:\planning\PLANCOMM\2008 agenda & minutes\060408mdoc 12
Street West and Pilot Knob Road, and 155a` Street West and Eagle Bay Drive. They are also
proposing to construct a 42-foot tall clock tower within the roundabout located at the intersection of
Ehn Creek Lane and Cobblestone Lake Parkway.
Because the proposed monument signs do not meet the City's current sign regulations, amendments to
the planned development ordinance are necessary. A public hearing has been scheduled for the June
18a' Planning Commission meeting.
Several of the monument signs are proposed to be located in existing drainage and utility easements.
Generally, the City does not encourage structures within drainage and utility easements because
restrictions and/or conflicts that may impact the use of said easements. Also, the monument sign
along the west side of Elm Creek will be located within a conservation easement. Placement of a
structure within this easement will require approval by the City.
Some of the monuments proposed are on private property not owned by the applicant, as well as on
property proposed to be dedicated as public park. The petitioner will need to address any issues with
the property owners and the City's Parks Department prior to approval.
A recent transportation study has indicated that a minimum of 250 feet ofright-of--way for'/ mile in
each direction from the intersection of Pilot Knob Road and 160u' Street West will be needed in
order to accommodate future changes to that intersection, which would likely mean that a minimum
of 25 feet of'h right-of--way would be needed along the east side of Pilot Knob Road and 160a'
Street W. Although no timeframe has been established for any reconstruction of this intersection,
the petitioner may want to take the issue of the additional right-of--way into consideration when
boating the wall and monument signs within the area mentioned.
The submitted plans indicate Target's bull's-eye logo on the pillars at the north -and east end of the
proposed wall. This is considered off-premise signage, which is prohibited by the City Code.
The City's Traffic Engineer has reviewed the clock tower proposal and is recommending that
nothing over 2.5 feet above the grade of the concrete apron be constructed within 10 feet of the
apron. Any revised plans-should reflect this recommendation. Also, a water main currently exists
on the northern fringe of the roundabout and a sanitary sewer line exists on the southern fringe of
the roundabout. Any excavation of these utilities will result in the loss of the wall from the 8 foot
diameter planter to the edge of the roundabout. Finally, the Acting Public Works Director has
indicated that a license agreement will be needed between the City and the petitioner, which clearly
addresses issues of liabilities and responsibilities related to the. clock tower and maintenance of the
water and sewer lines located within the roundabout right-of--way.
Lovelace stated all the structures would require building permits. The City does not allow off-site
signage. He asked the Commission if there were any questions.
Chair Churchill hearing no comments from the Commission, asked the petitioner to step forward.
Jacob Fick, of Tradition Development, stepped forward to present color renditions of the sign
monuments and the clock tower.
S:\planning\PLANCOMM\2008 agenda & minutes\060408m.doc 13
The main entrance for residential is off of 160x` and the main entrance for commercial is off of 157a`
Street. A proposed 130 foot curved wall of fieldstone with columns and roofs will be at this
intersection. There will be brushed stainless steel bull's-eyes on each end of the wall. The clock
tower is approximately 42 ft. tall with a cobblestone and boulder base. There will be clocks on two
sides and no signs located on this feature. There will be 8 foot concrete containers for seasonal
plantings around the base.
Chair Churchill clarified that the clock tower is not for signage, but as a decorative feature.
Mr. Fick said it is solely a landscaping feature.
Commissioner Helgeson asked if the only two commercial signs would be at 160x` and Pilot Knob
Road on the 130 foot wall. Also, what is the diameter of the bull's-eyes?
Mr. Fick replied yes, and the bulls-eyes are two feet in diameter.
Commissioner Helgeson stated he loves the clock tower feature, although he isn't sure that the
residents of Apple Valley are ready for it because of the current troubles maneuvering roundabouts.
Mr. Fick replied that there is a learning curve associated with the roundabouts. Tradition
Development's intention is not to create more obstacles for drivers, but to add a wonderful feature
to the development. As residents drive by or walk on the paths, it adds to the ambiance of
Cobblestone development.
Commissioner Helgeson stated that the signs are tastefully done: He will support this project.
Mr. Fick replied that the signs do push the City code and it is done intentionally to create a feel.
Commissioner Blundetto stated that he thinks the signs and clock tower plans are very thoughtful
and he will support the project.
Commissioner Burke stated his support for the project as well, except for the bulls-eyes. He doesn't
think the bulls-eyes are necessary as it isn't difficult for people to miss spotting that store.
Commissioner Diekmann said he also likes the clock tower feature. It adds another element that
will set the development apart. He likes the monuments and thinks they are tastefully done. He
supports the project.
Commissioner Schindler said he supports the project. He also likes the uniqueness of the clock
tower feature.
Chair Churchill agreed. She said Cobblestone is a big enough development to warrant the large
sign monuments, but the issues associated with easements and rights-of--way will need to be
examined.
Mr. Fick said there are some details to work out with staff, although he doesn't see anything
insurmountable to prevent the project from moving forward.
s:\planning\PLANCOMM\2008 agenda & minutes\060408m.doc 14
Chair Churchill said she does not have an issue with the bull's-eyes. The Target store does draw a
lot of people and that intersection is busy. She doesn't have a problem pointing out to people that
they are coming to the right place.
Mr. Fick replied that the bull's-eyes would be subtle and not bright red. They will be a brushed
stainless steel to blend in with the rest of the design.
Commissioner Schindler asked which two sides of the tower the clocks will be on.
Mr. Fick answered the north and south sides of the clock tower. He thanked the Commission for
their time and stated that they are excited to get moving on the signs.
B. Review of upcoming Schedule and other Updates
Community Development Director Bruce Nordquist reminded the Commission of the June 18th
informal meeting at 5:30 p.m. Staff anticipates there maybe additional work needed at the end of
the evening, and hoped the Commission members were available after the regular meeting: Also,
there is one Planning Commission meeting in July because of the holiday and that will occur on
July 16th.
9. ADJOURNMENT
Hearing no further comments from the Planning Staff or Planning Commission, Chair Churchill
asked for a motion to adjourn.
MOTION: Commissioner Blundetto moved, seconded by Commissioner Diekmann, to adjourn the
meeting at 8:06 p.m. The motion carried 6-0.
S:\plamting\PLANCOMM\2008 agenda & minutes\060408m.doc 15