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HomeMy WebLinkAbout08/20/2008CITY OF APPLE VALLEY, PLANNING COMMISSION MINUTES AUGUST 20, 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, Tom Melander, David Schindler and Frank Blundetto Members Absent: Thomas Helgeson Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, 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 Burke moved, seconded by Commissioner Blundetto to approve the agenda. The motion carried 6-0. 3. APPROVAL OF MINUTES OF AUGUST 6, 2008 Chair Churchill asked if there were any changes to the minutes. There being none, she called for approval of the minutes. MOTION: Commissioner Burke moved, seconded by Commissioner Blundetto, to recommend approval of the minutes of the August 6, 2008, meeting. The motion carried 6-0. 4. 2030 COMPREHENSIVE PLAN UPDATE/ACTIONS City Consultant, Rusty Fifield from Hoisington-Koegler Group, Inc.; updated the Planning Commission on the 2030 Comprehensive Plan. Over the next six weeks they will be preparing the last three chapters and reviewing those with City staff and the Planning Commission.. The goal is to have a completed draft of the 2030 Comprehensive Plan ready for distribution and review by other local jurisdictions as required by state law. He anticipates a public house to introduce the draft plan in October or November to receive public feedback. Notification of this open house will be on the City's website, in the newspaper and on cable television. All chapters of the draft plan, with the exception of the Transportation, Utilities and Economic Development chapters, are available on the City's website. He said there is a comment form on the website to mail or email their comments into the City. 5. CONSENT ITEM S:\planning\PLANCOMM\2008 agenda & minutes\082008m.doc --NONE-- 6. PUBLIC REARING A. Wal-Mart Addition -Consider amendments to existing conditional use permits and site plan/building permit authorization to allow for the construction of a 58,580 sq. ft. addition to an existing 129,958 sq. ft. retail store. Chair Churchill stated that the City has received numerous written comments and there seems to be some confusion as to prior action. She asked Mr. Lovelace to review the history of this proposal. City Planner Tom Lovelace replied that Wahnart always discussed and expected a future expansion and acquired additional land to the west and south of the store for this purpose. In 2006, Walmart came before the City with the request for that expansion. There were many discussions of the overall design of that facility, design changes and even a withdrawal by Wahnart. h12007, Walmart came back with a plan that expanded to the west, moved the garden center, eliminated their TLE and expanded their receiving dock area. The plan was recommended for approval by the Planning Commission and approved by the City Council with the expectation that Walmart would move forward with those plans. Mr. Lovelace continued that Walmart has been working on plans since that approval and they requested an extension of their resolution of approval for a site plan building permit authorization. Site plan building permit authorization approval is valid for one year. If construction is not begun within one year, that authorization becomes null and void and requires the petitioner to come back through the process. Walmart requested and received approval from the City Council for an extension to the site plan building permit authorization. Mr. Lovelace said that Walmart representatives will explain why they are back before the City. Mr. Lovelace stated that the petitioner is requesting consideration of amended conditional use permits to allow for the relocation of the existing outdoor cardboard bale and shipping pallet storage area, modification to the existing outdoor garden center display and sales area, relocation of the propane tank display and sales area, and site plan building pemrit authorization to allow for the construction of a 58,580 sq. ft. building addition and 191 additional surface parking spaces. The 19.5- acre site is located at 7835 150th Street West and is the location of an existing 128,958 sq. ft. retail building and 639-space surface parking lot. In June of 2006, the Planning Commission reviewed proposed Wal-Mart expansion plans similar to the plans currently under review. At that time several concerns were raised regarding the 2006 plans and over the next year several modifications were made to them. Among the modifications were moving the garden center from the east side to the west side of the building and keeping the receiving dock at its current location on the northeast side of the building. hl March 2007, the Planning Commission recommended approval and the City Council approved conditional use permit amendments and site plan building permit authorization to allow for the proposed expansion, subject to the before-mentioned changes. The petitioner has decided not to construct their addition as approved in 2007 and is now requesting approval of plans that are similar to the original plans submitted in 2006. They have reduced the size S:\ptanning\PLANCOMM\2008 agenda & minutes\082008m.doc of the proposed expansion by approximately 16,604 sq. ft., but the orientation and layout are similar to their origina12006 request. hi 2006-07, concerns were raised about the potential impact of noise generated by the condensers, trash compactor and receiving dock on residential properties located directly to the north and west of those uses. Because of those concerns, the plans were revised that put the receiving dock, condenser units and trash compactors on the east side of the building. This submission has those items back on the west side of the site. Noise impact information has been provided by the petitioner that has been reviewed by a noise consultant retained on behalf of the City. The proposed amendments to the existing conditional use permits are generally related to modifications to the site plans that are part of the approved conditional use permits. The petitioner is not requesting any other changes to the existing conditions in the approved permits. With regard to the revised cardboard bale and pallet storage permit, the petitioner has not provided an elevation of the wrought iron fence, which should be done prior to any recommendation. Also, an existing permit currently allows for the placement of six storage trailers, from September 15th to December 31St. The applicant has not indicated if they are proposing to amend their conditional use permit. It does not appear that the design and layout of the area will accommodate storage of any trailers. The landscape plan has been reviewed by the Natural Resources Coordinator and his comments are included in the staff report. The petitioner should revise their plans per the Coordinator's comments. The proposed development project will need to meet the adopted Surface Water Management Plan (SWPP). The petitioner has identified a variety of "Best Management Practices" (BMP's) that include rain gardens, underground infiltration system, and permeable pavers that will address requirements set forth in the SWPP. The grading and utilities plans have been reviewed by the Assistant City Engineer and Water Quality Technician. The engineer and technician have identified several items that will need to be resolved prior to a staff recommendation. The proposed signage is not in conformance with the planned development ordinance, therefore, revisions will need to be made to the proposed signage or an amendment to the planned development ordinance will be required. Lisa Nelson, Senior Manager of Public Affairs for Region 41 Walmart Stores, which includes Minnesota and Wisconsin, stepped forward to introduce the Walmart Team that is present this evemng: Brian McCool, Fredrikson & Byron, land use attorney Charlie Howley, HTPO, Inc., engineer on this project Gregg Oltman, Raymond Hams & Associates, architect David Braslau, sound consultant Luke Nordquist, Apple Valley Walmart Manager John Hubener, Walmart Market Manager for this azea of Minnesota Mike Overton, Walmart Regional Operations Support Director S:\planning\PLANCOMM\2008 agenda & minutes\082008m.doc Ms. Nelson made a presentation to the Planning Commission. Following is some of the information she presented: Walmart in Minnesota • 20,521 associates (as of Aug '08) • 1,117 suppliers. Supporting 120,000 supplier jobs in Minnesota. • Average hourly full-time wage is $11.27/hour (as of Aug '08) • Wal-Mart spent $4.1 billion for merchandise and services in MN (FYE`08) • Wal-Mart collected $146.6 million in sales taxes (FYE`08) • Wal-Mart paid more than $40.6 million in state and local taxes (FYE `08) • $4.5 million donated to local causes and organizations in MN (`07). Through additional fundraising by stores and Clubs, this number is $6.1 million. Apple Valley Neighbor for 9 Years • Discount store opened in 1999 • 255 associates, 59% are full-time. • Average wage is $13.27/hr. Avg in MN is $11.27/hr. • Proud supporter of many local organizations including: Apple Valley School District, Eastview High School, Greenleaf Elementary, Rosemount High School, Eagan High School, Apple Valley Fire Department, Apple Valley Firefighter Relief fund, Apple Valley, Apple Valley Foundation, Adopt-A-Highway, and many more! • $37,141 store giving in 2007. Why Walmart is Here Tonight • Company direction in response to the economy • Opportunity for us to build a better, safer and more sustainable store Apple Valley Walmart Proposal • 176,000 Sq Ft Supercenter - Reduction from 195,000 square feet 100+ new local jobs with benefits • State of the art sustainability upgrades • Access, choice, convenience and low prices for Apple Valley area residents Key Elements of the New Plan • Smaller building footprint -from 195;000 to 176,000 sq. ft. - More sustainable -reduces impact and preserves greenspace - Consistent with improved in-store operations, trends & customer feedback • Grocery will be on west side of building - Improved pedestrian safety and walkability - Improved traffic flow and circulation • Sustainability - From ceiling to floor - Will be `greenest Wal-Mart store in the area when it opens General merchandise side stays intact - Reduces customer impact - Reduces associate impact S:\planning\PLANCOMM\2008 agenda & minutes\082008m.doc - TLE jobs are retained Improved noise mitigation - Included add-ons to mitigate real or perceived ambient sound - Completed sound study to better understand impact Some Benefits of the New Proposal • Significant community investment to upgrade and expand the Apple Valley operation • Reduction in square footage reduces impact and preserves greenspace • Improves pedestrian access, walkability and safety, encouraging sustainable lifestyles • Sustainable design elements that will enhance community values • Improved customer traffic circulation • Highly efficient mechanicals • New jobs as well as opportunities for current associates. Retain TLE associates • Keep Apple Valley customers in Apple Valley • Meet customer demand for the convenience and low prices of a Wal-Mart Supercenter Sustainability Corporate Leadership, 3 goals: • Supplied 100% by renewable energy • Create zero waste • Sell sustainable products Sustainable Design Features • Central Energy Management • Daylight Harvesting • Interior Lighting • LED lit Refrigerator Case Doors and Signage Lighting • Energy Efficient HVAC • Ozone-Friendly Refrigerants • Water Heating - a recycling success • Integrally Colored Concrete Floors • Non PVC roofs • Oil filter crasher in Tire Lube Expresses • Recycled steel • Plastics in baseboards and most shelving -all recycled material • Experimental stores allow innovation • When Walmart makes changes, it influences competition and change across the retail sector Commissioner Dielcmann asked if the building will be LEED certified. Ms. Nelson replied no. Charles Howley stepped forward to explain the differences in the building plans that make it a better plan than what the Commission has seen previously. The two compactors are now where deliveries are made. They also made some improvements to the screen wall to mitigate sound. Some of those improvements are an 18 ft. wall, solid with louvers at the bottom, to direct sound but allow air to flow through. On the inside will be acoustical tiles to help absorb the sound that is S:\planning\PLANCOMM\2008 agenda & minutes\082008m.doc emitted from the compressors. Sound studies have proven that the sound is less than that of the previously approved plan. Because the plan is less square footage, fewer parking spaces are required, which has created more green space. Overall, the utility relocations are much less because they are using more of the existing utilities. Commissioner Diekmann asked if this plan also had the underground infiltration areas like the previous plan. Mr. Howley replied yes; they actually have multiplied. Commissioner Diekmann asked if the lot is now over-parked. Mr. Howley stated that although Walmart likes to have 5.0 spaces per 1,000 sq. 8., they currently have 4.4 spaces, which meets City requirements. Gregg Oltman presented colored renderings of the exterior elevations of the building. He explained the outside look of the building with a cover canopy and translucent panels, seatings and landscape planters. The materials will match the existing materials and also use stucco and recycled materials. The new logo will be incorporated into the design. There will bean 18 ft. high screening wall with louvers at the bottom for air flow for the compressors at the rear of the building. Chair Churchill commented that this is an improvement from the previous plans. Mr. Oltman stated that there has been a lot of time and effort put into the design of the building. Commissioner Diekmann asked what the overall height of the front elevation is, Mr. Oltman answered that it is 30 ft. and below. The area at the brand name wall is about 35 ft. Mr. McCool stated that was the end of their presentation, although they would be happy to field any specific concerns that the Commission may have. Chair Churchill personally thanked the Walmart team for their improvements, especially the additional sidewalk connection to the north, improving the sidewalk connection to the south and improving the entrance to the east. These are significant safety improvements and enhancements to the store. She also stated that the City has received several written comments thus far and everyone is in favor of the store. To her knowledge, there have not been any negative comments. Mr. Lovelace stated there have been several phone calls and all of them have been in favor of the proposal. Marls Ceminsky, 14625 Hallmark Drive, stated that the Walmart area was originally intended to be townhomes. The City worked with Walmart and the residents to make sure the loading docks were on the east side, towards Pennock Avenue, because it was a big commercial outlet next to single family homes and townhouse homes. There is no other area like this in the City of Apple Valley where there are residential homes right next to big commercial retail with loading docks. At night he can hear trucks running and backing up with the back-up signals. He doesn't believe that Walmart is concerned about the noise they generate and the neighborhood being directly affected. S:\planning\PLANCOMM\2008 agenda & minutes\082008m.doc He feels that the loading docks should stay to the east by Pennock which is the commercial side. Mr. Ceminsky says that noise is a big factor in this decision. Also, Wahnart does not take care of the landscaping they have now. Stephanie Wisnauski, 6583 158"' Street, stated that she has been in Walmart super centers around the country and they are disgusting. They have bugs in the produce area. She would like to see the health inspectors enforce a clean produce and meat department. Wahnart states that they will bring in more jobs but they don't have enough people working there now because she can't find help when she is there. Kowalski's failed here and she doesn't think the City needs another grocery store. Commissioner Blundetto commented that Kowalski's was located in Lakeville. Karin Bullinger, 15560 Foghorn Lane, stated that competition is a good thing. Target is overpriced and the produce is awful. She has been waiting for Walmart to add this grocery store for a long time. She asked why the City of Apple Valley is punishing Walmart and giving Target everything they ask for. Commissioner Blundetto stated that he is reading the email that Ms. Bullinger sent about two hours ago. It states that she is asking the City to stop throwing up roadblocks. He asked if Ms. Bullinger could give specific examples of the roadblocks that she is referring to, Ms. Bullinger stated that the City denied the grocery store several times and Walmart had to sue the City to get permission to build a grocery store. Chair Churchill stated that Ms. Bullinger's statements are incorrect. Mr. Lovelace stepped in to clarify the process to date. Wahnart came before the City in 2006 with a plan and there were some issues with the overall design and Walmart did withdraw the request. They reapplied in 2007 and went through the process. and received approval. At no point did Walmart sue the City or even threaten to sue the City. Walmart has always been cooperative and worked with City staff, the Planning Commission and the City Council to come to a resolution. The. City approved aplan with a grocery component in March of 2007. As Ms. Nelson stated, Walmart has taken a look at that, changed their philosophy and downsized the building. That is why they are before the City now. They have changed and modified their plan significantly enough to require review again by the Planning Commission and City Council. Commissioner Blundetto stated that. some of the staff was here at the initial presentation of the Walmart store to our community. Even in light of opposition from the neighbors, the City was very supportive of Walmart and knew to expect an expansion in the future. Mr. Lovelace stated that he worked on the initial Walmart application and there has never been any threat or lawsuit placed upon the City by Walmart. Cheryl Clark, 7929 147x' Street West, lives directly west of the Walmart store. Her concern is the noise level. She has concerns of the noise coming over the screening wall. She has heard noises in the middle of the night which sound like compactors and she would lake to know if Walmart will be allowed to run the compactors 24 hours a day. She is also concerned about the idling of the trucks. S:\planning\PLANCOMM\2008 agenda & minutes\082008m.doc Also, there is a lot of parking lot noise. She stated that young kids cruise the parking lot at night and it is a hang-out for kids on the weekends, especially in the summer. The parking lots don't seem to be policed very well. The plan shows the crosswalk going from the north side of the store over to Guthrie Avenue. She is concerned that someone will get hit in the crosswalk because people drive well over the posted speed limit of 30 m.p.h and it is on a curve with an island. She wondered if they will need to redesign the island to cut a path through. Also, in the past two weeks a lawn crew has been starting on her side of the neighborhood at 6:05 a.m. She doesn't appreciate being awakened so early. Mr. Ceminsky, 14625 Hallmark Drive, wanted to back-up Commissioner Blundetto because he also was at the initial Wahnart meetings. The neighborhood knew that Walmart would expand in the future and add on a grocery store. His concern as a neighborhood, was to keep the noise to the commercial side of the building. Don Swenson, 15681 Highview Drive; asked if there will be any restrictions to times of use of the loading docks and if the refrigeration trucks will be limited on how long they're parked and idling. An unidentified gentleman, 14741 Guthrie Avenue, stated that he lives in the closest townhouse unit to the loading docks which is probably 100 yards away. There is very little noise from trucks going in or out. He feels that the loading dock is in the proper place. Across from the loading docks are a few businesses that he is sure are not affected by the trucks. The dock area is right where it should be and if anything, they can add on to it. David Brauslau, David Brauslau Associates, stated that he is responsible for the noise analysis and recommendations to Wahnart for minimizing any noise impacts. Right now there is no barrier at the loading docks so it is fairly easy for the neighbors to heaz the trucks. The new proposed dock will have a 30 ft. sound barrier and the truck dock is slightly depressed by about three feet. There will be no surfaces on the east side that will cause any noise reflections back, so that noise will be directed towards the commercial side. He took athree-minute sample of the sound on the east curb of 147th Street West and compared the noise levels of typical traffic, the previously approved dock and the new proposed dock. The sound levels of the new proposed dock are 10 dba lower than the previously approved dock and are no greater than cars passing on the road. Absorptive panels will be put on all the surfaces within the loading dock area to absorb sound and minimize the reflections. He is recommending acoustic louvers to reduce the sound level of the compressors by about 15 dba on the compressors. Chair Churchill asked if someone from the Walmart team could address the timing of the deliveries. John Hubener, 20670 Hazelwood Trail in Lakeville, stated that he is the Market Manager for this area and supervises the Apple Valley store. The delivery times for the super centers are 4 p.m., 6 p.m. and 8 p.m. for normal truck deliveries. Dairy truck deliveries occur any time between 12 a.m. and 4 a.m. He stated they can put some controls in place for the deliveries. He has been with Wahnart for 21 years and has run three different stores, two of which were super centers. He's never had a time where he's had five trucks at the loading docks at once. There is a no idling policy at the store. If there are trucks currently idling, the manager of the store, Luke Nordquist, can address that issue. They can also readdress when the dairy trucks makes their deliveries, if it's an issue. They also can control the lawn maintenance and move the start time of that. S:\planning\PLANCOMM\2008 agenda & minutes\082008m.doc g Commissioner Melander said that it seems like Walmart has gone to heroic efforts to control the noise issues. It seems that it would be easier for the compressors to be moved farther from the homes. Also, he stated that he would like to see all of the noise generating features, such as the cardboard compactor, as far to the east as possible. Mr. Howley said that there is a limiting factor on how far the compressors can be from the refrigeration units. They knew that they would have noise as a factor so they have done as much as they can to address the noise issues. Chair Churchill asked if there was anyone that could address the issue of policing of the parking lot. Mr. Hubener stepped forward to address that and also the compactor. The existing compactor at the store is of an old design. Some of the concerns were that when the trucks pick up the compactor there are a lot of loud, clanging noises. The new compactor has big steel channels on the bottom so that the trucks have to line it up and have to set it in there smoothly or it won't world with their compactor mechanisms. That is a design improvement to help eliminate the loud dropping and clanging of the compactor. As far as policing. the parking lot, from a Walmart standpoint, they do have a security system and the new addition will as well. They can post no loitering signs and at that time it becomes a partnership with the City on how to enforce the no loitering signs. Chair Churchill asked Mr. Lovelace if he had any additional comments. Mr. Lovelace stated that there were several memos attached to the staff report that identified some issues and staff will continue to work with. Wahnart to alleviate concerns and make revisions to the plans. There was some new information presented tonight that the City's sound consultant will want to take a look at. The City has had some discussions with Wahnart about extending a roof and installing acoustical panels in the receiving dock area. If that is the case, then the City will provide further sound analysis based upon those two added elements. Commissioner Diekmann asked if the entire area will be open for sidewalk sales in the outdoor garden center display and sales area or will there be a limit on square footage. Mr. Lovelace said he will need to look at Walmart's existing conditional use permit and see what is allowed or Wahnart would have to make a request as part of their amendment. Chair Churchill asked Mr. Lovelace to check with the Apple Valley Police Department as to complaints in regards to speeding or disruption in the Walmart area and maybe have a policeman come back and chat. Mr. Lovelace responded in the affirmative. Chair Churchill stated that the public may communicate with staff by phone, email or letter with any comments on this proposal. She closed the public hearing. It is the policy of the Planning Commission to not act on an item the same night of the public hearing. She noted that there are a number of open items to be resolved. City staff will be working with the petitioner to resolve issues and concerns that have been raised. This item will continue to appear on the Planning Commission agendas until the Planning Commission can forward a recommendation to the City Council. The City Council will make the fmal decision. Chair Churchill thanked those that have patiently gone S:\planning\PLANCOMM\2008 agenda & minutes\082008m.doc through the Walmart hearing process with the City both last year and this year. This plan looks like abetter plan and she thanked Walmart for working with the City on this and continuing to improve what they are building in the City of Apple Valley. 6. LAND USE/ACTION ITEMS A. Apple Valley East Townhomes -Consider rezoning from "SG" (Sand and Gravel) to "PD" (Planned Development), subdivision of 22.44 acres into one lot and one outlot, and site plan/building permit authorization to allow for construction of 45 townhome dwelling units. City Planner Tom Lovelace stated that the petitioner is requesting a rezoning from "SG" (Sand and Gravel) to "PD" (Planned Development), subdivision by plat of 22. 44 acres into one (1) lot and one (1) outlot,. and site plan building permit authorization to allow for construction of 45 townhouse dwelling units on the proposed 4:8-acre lot. The site is located at the northeast corner of Pilot Knob Road and 155a' Street West. Rezoning of the property will be necessary, as well as development of a planned development ordinance that will identify permitted, conditional, and accessory uses; performance standards; and area requirements consistent with the proposed development. The proposed outlot would likely be identified as a separate sub zone within the planned development zoning designation, but the uses, performance standards, and area requirements would be established at the time of submission of a development proposal. Concerns have been raised by the public and Commission regarding the fuhire development of the outlot. The petitioner has been requested to provide future plans for the outlot. A storm water pond is currently located in the southwest corner of the property. Staff informed the petitioner that a drainage and utility easement over the ponding azea and any storm water lines leading in and out of the pond would be required, which has been indicated on their revised preliminary plat. Staff requested that the petitioher consider adding more brick or stone and look at applying those materials in different ways that would help to break up the repetitiveness of the development's building exterior. Revised elevations have been submitted that identify additional stone on the rear of the buildings. Staff would like to continue to work with the applicant on adding more stone or brick to the elevation. Staffidentified several concerns regarding sidewalk widths and pedestrian connections, which the petitioner has addressed on their revised plans. The Natural Resources Coordinator proposed some revisions to the submitted landscape plan. The petitioner has not submitted any revised landscape plans at this time. Staff will continue to work with the petitioner on providing acceptable revisions to their plan. The original site plan was reviewed by the City's Traffic Engineer and his comments were forwarded to the petitioner. The petitioner,has revised their plans to address the Traffic Engineer's concerns. The petitioner has identified two monument signs with 28 square feet of copy area, one at each entrance into the development. No formal sign application for the proposed signs has been submitted with this request. The proposed monument signs do not meet all current code regulations and S:\planning\PLANCOMM\2008 agenda & minutes\082008m.doc t ~ revisions should be made prior to submission of a sign permit application that would bring the signage into compliance. At the August 6th, 2008, Planning Commission meeting, the Commission reviewed a plan for the Apple Valley East Townhomes, which is a 45-unit townhouse development presented by the Dakota County CDA and South Shore Development, Inc. The request included the subdivision of a 22.4 acre parcel into one approximately 5-acre lot, which is where the townhomes would be located, and one approximately 17:5 acre outlot. The Commission felt that it was important to have a concept plan for the outlot so that surrounding residents and the City would have a better understanding of potential uses for the site. The Dakota County CDA and South Shore Development, Inc. have requested the proposal be tabled until they've had time to prepare a concept plan. They would then present the plan at the November 12, 2008, Planning Commission meeting. Chair Churchill asked for a motion to table this item until the November 12, 2008, Planning Commission meeting. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, to recommend approval to accept the request from the Dakota County CDA and South Shore Development, Inc. to table the petition for approval of the Apple Valley East Townhomes rezoning, preliminary plat, and site plan/building permit authorization until November 12, 2008. The motion carved 6-0. B. Cobblestone Lake Senior Apartments -Consider rezoning from "PD-703/zone 8" to "PD-703/zone 6", subdivision of 5.85 acres into one lot and two outlots, and site plan/building permit authorization to allow for construction of a 60 unit senior apartment building. City Planner Tom Lovelace stated that the petitioner is requesting the necessary city approvals to allow for the construction of a three story, 60-unit senior apartment building with 60 underground parking spaces and 35 surface parking spaces on a 2.2 acre platted lot. The lot is part of a 5.85 parcel, which will be platted. into one lot and two outlots. Outlot A will be reserved for future platting and Outlot B will be the location of underground utilities and a portion of a private street to serve existing and future development in the general area. The site. is located along the west side of Cobblestone Lake Parkway, south of 157th Street West. This rezoning of the property for this proposed proj ect will also require amendments to the existing planned development ordinance. They include changes to the permitted uses, area requirements, and performance standards consistent with this project. The preliminary plat identifies drainage and utility easements along the property lines abutting a public street. Additional drainage and utility easements will need to be dedicated on the plat over all public utilities. The site plan indicates private access streets along the north and west side of the proposed apartment site, half of which will be located on the adjacent outlots. A private access agreement will need to be executed between all affected property owners as part of any approval of a final plat. Access restriction easements should be executed that will restrict access from Lot 1 and Outlot A to 157E Street West and Cobblestone Lake Parkway. S:\planning\PLANCOMM\2008 agenda & minutes\082008m.doc 11 Two storm water infiltration areas are proposed for the site, one located in the northeast comer and the other in the southeast corner of the lot. The storm water infiltration area in the southeast comer of Lot 1 extends beyond the south property line, on property that will likely be dedicated as public parkland. A maintenance agreement will need to be executed with all affected property owners that identifies responsibilities for ongoing maintenance of the infiltration areas. The City's Natural Resources Coordinator, Assistant Engineer and Traffic Engineer have identified some concerns that will need to be addressed prior to any recommendation. The petitioner should make the necessary sidewalk connections per staff s comments. Chair Churchill asked the petitioner if she had a chance to review all the recommended actions outlined in the staff report. Kari Gill, Dakota County Community Development Agency representative, responded yes. She stated that one of their consultants did make a mistake on the plans that were submitted inchtding the preliminary plat. She asked if the recommendation could read COBBLESTONE SENIORS instead of APPLE VALLEY MIDTOWN SENIORS. Chair Churchill asked legal counsel if there was any comment. City Attorney Sharon Hills responded that there was no issue with that. Chair Churchill asked for a motion. MOTION: Commissioner Blundetto moved, seconded by Commissioner Burke, to recommend approval of the rezoning of the property, described as COBBLESTONE SENIORS preliminary plat, from Planned Development No. 703/zone 8 to Planned Development No. 703/zone 6. The motion carried 6-0. MOTION: Commissioner Blundetto moved, seconded by Commissioner Burke, to recommend that the City Council direct staff to prepare the necessary amendments to the existing permitted uses, area requirements, and performance standards in Planned Development No. 703/zone 6 that will bring the proposed senior apartment into conformance with the planned development zoning district. The motion carried 6-0. MOTION: Commissioner Blundetto moved, seconded by Commissioner Burke, to recommend approval of the COBBLESTONE SENIORS preliminary plat, subject to the following conditions: a. Dedication on the final plat of a five-foot wide drainage and utility easement directly abutting the south lot line. b. Dedication on the final plat of a drainage and utility easement over all of Outlot B. c. Dedication on the final plat of a drainage and utility easement over the west 30 feet of Lot 1, Block 1. d. Dedication on the final plat of a drainage and utility easement over the north 25 feet of Lot 1, Block 1. e. Dedication on the final plat of a drainage and utility easement over the south 25 feet of Outlot A. S:\planning\PLANCOMM\2008 agenda.& minutes\082008m.doc 12 f. Dedication of a one foot (1') wide easement which restricts direct driveway access to Cobblestone Lake Pazkway. g. Dedication of drainage and utility easements over all public utilities within the plat. h. A private access agreement, which provides for unfettered access to the private streets from all properties within the plat, shall be executed prior to approval of the final plat. The motion carved 6-0. MOTION: Commissioner Blundetto moved, seconded by Commissioner Burke, to recommend approval of the site planlbuilding permit authorization to allow for constmction of a three story 60- unit senior apartment building on Lot 1, Block 1, COBBLESTONE SENIORS preliminary plat subject to adhering to the following. conditions prior to issuance of a building permit: a. Revisions shall be made to the vehicle drop-off area and the north and south driveway entrances to the satisfaction of the City's traffic engineer. b. Revisions shall be made to the landscape plan per the Natural Resources Coordinator's recommendations. c. A foundation planting plan shall be submitted for review and approval by the City. d. The sidewalk that abuts the parking lot, west of the building shall have a minimum width of 6 feet. e. A sidewalk connection shall be made along the north-side of the south driveway from the pathway adjacent to Outlot B to the sidewalk abutting the east side of the parking lot. f. A pathway/sidewalk shall be constructed along the west side of Olrtlot B that connects with the existing pathway/sidewalk on the property to the north. g. A maintenance agreement shall be executed with all affected property owners that identifies responsibilities for ongoing maintenance of the infiltration areas. h. Modifications to the curb along the west side of Cobblestone Lake Parkway, north and south of the private drive intersection, shall be made that delineates recessed on-street parking. The motion carried 6-0. Mr. Lovelace stated that this proposal will go to the City Council on September 25, 2008, due to scheduling issues: 8. OTHER BUSINESS A. Review of upcoming Schedule and other Updates. Community Development Director Bruce Nordquist invited the Planning Commission members to a special informal session with the City Council on August 28, 2008, at 6::30 p.m. in the Regent Conference Room for additional input on the Cedar Corridor Transit Facility design progress. Also, the Planning Commission should anticipate some informal meetings to discuss Comprehensive Plan elements during the month of September. He said the Commission may have an informal session with the land owner of outlot A on the proposal of the Apple Valley East Townhomes in October. S:\planning\PLANCOMM\2008 agenda & minutes\082008m.doc 13 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 8:55 p.m. The motion carried 6-0. S:\planning\PLANCOMM\2008 agenda & minutes\082008m.doc lq