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HomeMy WebLinkAbout02/01/2017CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES FEBRUARY 1, 2017 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:01 p.rn. Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Paul Scanlan and David Schindler Members Absent: Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Planner Kathy Bodmer, Planner/Economic Development Specialist Alex Sharpe, Public Works Director Matt Saam and Department Assistant Joan Murphy 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the agenda as amended. Ayes - 5 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, approving the minutes of the meeting of January 18, 2017. Ayes - 4 - Nays - 0. Abstained — 1 (Burke) 4. PUBLIC HEARINGS --NONE-- Commissioner Schindler arrived at 7:02 p.m. 5. LAND USE/ACTION ITEMS A. 7525 147th Street Building — Consider revised site plan and building elevations to allow for 5,511 sq. ft. building. (PC16-38-CVB) LOCATION: 7525 147th Street West PETITIONER: 7525 Cedar, LLC CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 1, 2017 Page 2 of 10 City Planner Tom Lovelace stated this is review of a revised site plan and revised building elevations. The applicant is requesting an increase in the building area from 4,567 sq. ft. to 5,511 sq. ft., which will result in the loss of nine parking spaces directly adjacent to the north side of the building and the addition of two parking spaces along the west side of the building. The applicant requested and received a Planning Commission recommendation for approval of a conditional use permit (C.U.P.) and variance to allow for a Class II restaurant. These approvals were to allow for a proposed Qdoba restaurant, who has decided not to locate at that site. Therefore, the applicant has withdrawn these requests. The applicant also received the Commission's recommendation for approval of a conditional use permit to allow for a drive-through window in conjunction with a Class III restaurant; and building and parking setback variances as part of the site plan/building permit authorization. The applicant is not requesting any changes of the drive-through window C.U.P. or the site plan/building permit authorization and variance requests. The applicant is requesting approval of a revised site plan and building elevations that will allow for the construction of a 5,511 -sq. ft. retail building and 34 surface parking spaces. The original request was approval of two conditional use permits, site plan/building permit authorization and several building and parking setback variances to allow for construction of a 4,567 -sq. ft. building that would have a Class II restaurant and a Class III restaurant/coffee shop with a drive-through window as tenants. Qdoba representatives reviewed the recommended access changes, and concluded that the site would not be suitable for their restaurant operation and informed the applicant that they were no longer interested in that location. The applicant has revised their site plan, and has increased the building's square footage in order to attract potential tenants to fill the space vacated by Qdoba. Staff indicated in the previous reviews of this request that relocating the drive-through window lane along the south/southeast side of the building in order to meet the minimum parking setback would have an impact on the site layout, which would likely result in the reduction in the size of the original building. Therefore, it was recommended that a variance be granted to allow for the encroachment of the drive lane into the minimum required setback area. The proposed increase in the building area will not change the location of the drive-through window lane at that spot; therefore, the variance continues to be needed. On January 4, 2017, the Planning Commission voted 4-0 to recommend approval of the conditional use permits and site plan/building permit authorization request as recommended by staff. The request was forwarded to the City Council for consideration at their January 12, 2017 meeting. Due to the loss of the Qdoba restaurant, the applicant requested that the project be tabled until the February 9th City Council meeting and look at options for the development of the site. This resulted with the submission of a new site plan and building elevations for consideration by the City Council. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 1, 2017 Page 3 of 10 Although the proposed changes represents a 17% increase to the building area and minor revisions to the building elevations, staff felt that it would be appropriate to have the Planning Commission review the new plans and provide a recommendation. Discussion followed. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval of a revised site plan/building permit authorization to allow for construction of a 5,511 -sq. ft. building on Lot 1, Block 1, Giselle's Corner subject to the following conditions: a. A variance of 12 feet from the required 15 -foot parking setback from a public street. b. A variance of 4 feet from the required 50 -foot building setback from Cedar Avenue. c. A variance of 14 feet from the required 40 -foot building setback from 147th Street West. d. Approval and issuance of a building permit shall be subject to the recording of the Giselle's Corner final plat. e. Construction shall occur in conformance with the site plan dated January 12, 2017. f. The developer shall blend all curb, sidewalk and streetscape amenities at the closed driveways along 147th Street West and Glenda Drive. g. A revised landscape shall be submitted and approved by City staff prior to issuance of a building permit; subject to submission of a detailed landscape planting price list for verification of the City's 2 1/2% landscaping requirement at the time of building permit, the addition of landscaping along the north and east side of the site and relocation of trees in the filtration areas to the satisfaction of the Natural Resources Coordinator. h. Construction shall occur in conformance with the revised elevation plan dated January 13, 2017. i. Site grading shall occur in conformance with a final grading plan to be submitted for review and approval by the City Engineer prior to issuance of a Natural Resources Management Permit (NRMP). j. Utility construction shall occur in conformance with a final utility plan to be submitted for review and approval by the City Engineer prior to issuance of NRMP. k. A license agreement shall be executed between the property owner and the City to allow for the encroachment of the filtration areas into any dedicated public drainage and utility easement. 1. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of the filtration basins. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 1, 2017 Page 4 of 10 m. Construction shall be in conformance with the requirement that any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields, which confines the light to the property. n. A separate application and signage plan in conformance with the sign regulations must be submitted for review and approval to the City prior to the erection of any signs. o. All applicable ordinances shall be strictly adhered to. Ayes - 6 - Nays - 0. 6. OTHER BUSINESS A. Hope Church/PPL Sketch Plan - Sketch plan review of proposed comprehensive plan amendment from "INS" (Institutional) to "HD" (High density residential, 12+ units/acre), rezoning from "P" (Institutional) to "M-7" (Multiple family residential, 12 to 20 units/acre), subdivision by preliminary plat to create two lots and site plan review/building permit authorization of a 5 0 -unit 3 -story apartment building located on the southeast corner of 145th Street West and Glazier Avenue at 7477 145th Street West. Planner Kathy Bodmer identified that Project for Pride in Living (PPL) and Hope Alliance Church request consideration of a proposed comprehensive plan amendment, rezoning, preliminary plat and site plan review/building permit authorization to construct a 50 -unit apartment building on a newly created parcel south and east of Hope Church at 7477 - 145th Street W. Hope Church proposes to subdivide its 7.23 -acre parcel to create an approximately 2.85 -acre parcel for development. PPL is interested in purchasing the site to construct workforce family housing. PPL is a nonprofit, workforce and supportive housing developer as well as property manager and service provider. PPL developments combine affordable housing with training and supportive services to promote self-reliance. PPL states that the proposed development would be oriented to families and would be designed to be a transit -oriented, high-quality, energy efficient and sustainable development. PPL develops and then is the long-term property manager of their developments. A 75' wide pipeline easement bisects the property from roughly the northwest corner to the southeast corner of the site. The apartment building is proposed to be constructed southwest of the pipeline easement. PPL states that the area northeast of the pipeline easement would remain a heavily wooded open space for the residents. The pipeline easement provides a barrier between the proposed apartment building and the residential properties to the east. She said the site would be located approximately 35' from residential zoned property to the south and that buffering between the building and the residential properties is a concern. A shadow study and cross section drawing would be needed if the project were to move forward to evaluate impacts from the proposed 3 -story apartment building near residential properties. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 1, 2017 Page 5 of 10 Chris Wilson, Project for Pride in Living, provided additional information how their programs work and reviewed other locations in the metropolitan area. He said the Apple Valley site is very appealing to them because it is close to transit and a great opportunity for their families. He described the workforce training and how there is a shortage of skilled labor. They help people get into the workforce. Commissioner Burke asked what the average length of a tenant was. Mr. Wilson answered 3 to 4 years. Commissioner Scanlan inquired if an on-site manager would be provided. Mr. Wilson answered yes. Commissioner Scanlan asked what the driving force was for the people to leave. Mr. Wilson replied if their income gets higher that they do not have to leave but people move for a variety of reasons like their kids getting older, they need a different apartment or they just want to live in a different place. Sometimes they will buy a house. Commissioner Scanlan inquired if there were any specific criteria in place that they would need to leave. Mr. Wilson answered no and that most of their tenants leave for good reasons like possibly their job move to another location. Commissioner Scanlan stated that one of the reasons mentioned as to how the site was selected was because of the rapid bus transit system and asked Mr. Wilson if he had an idea of the percentage of people that would be using that system or having their own cars based on the other facilities they have in St. Paul which is near the light rail. Mr. Wilson said in St. Paul many of the people are using the transit system. Most families only have one car. Bart Nelson, Urban Works Architecture, showed other location building sites they have in the metro area. Commissioner Diekmann commented he thinks the buildings look very nice. He had concerns for the topography and knoll in the back. He asked if the parking lot was going to go up and over the knoll, how deep the pipeline was and how they plan to save the trees. Mr. Nelson answered that they can build parking lot on top the pipeline but not the building itself. They would have to cut the trees where the pipeline is and then re -balance again. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 1, 2017 Page 6 of 10 Commissioner Diekmann stated he thought from the topography that the parking lot on the northeast corner of the site would be exposed. Mr. Nelson said they would be cutting down the high point of the knoll and sloping that down toward that surface parking lot. Commissioner Burke asked for clarification that the drawings show walkups on the west side but they are really walkups to the garage not walkups to the front steps. Mr. Nelson said yes and that would need to be worked out because they would be steep. Chair Melander commented that it looks like a nice building. Commissioner Alwin said it looks like the sidewalks would connect to the existing sidewalks so there would be access out to Cedar Avenue and the bus rapid transit. He would like to see what the sidewalk connections would be to the nearest neighborhood park. He said it is an interesting concept if it would all fit with the pipeline easement. He asked if the walkups go directly to a unit or a common hallway. Mr. Nelson replied that there is a playground/recreation area on site and the walkups usually go to a unit. Five or six units would have a private entrance. Commissioner Scanlan inquired on the grading and what trees could be saved and if this has been looked into yet. Ms. Bodmer answered that it had not been reviewed yet and that the Natural Resources Coordinator would assess that. Commissioner Diekmann asked if on -street parking was allowed on Glazier Avenue and if it was wide enough. Ms. Bodmer said they would need to review that. B. Ryan Real Estate/Launch Properties Redevelopment - Sketch plan review of zoning amendments and site plan review/building permit authorization of two redevelopment proposals for the Ryan Real Estate building at 14750 Cedar Ave. Concept 1 includes an 11,500 sq. ft. multi -tenant retail building with Class I or Class III restaurant with drive-thru. Concept 2 is a 9,000 sq. ft. single occupant restaurant (Class I or Class III) with drive-thru window service. Planner Kathy Bodmer reported that Launch Properties submitted two concept plans showing the redevelopment of the Ryan Real Estate building at 14750 Cedar Ave. Concept 1 showed the existing building would be removed and an 11,500 sq. ft. multi -tenant building would be constructed. Four tenants are shown with three restaurants, a drive-thru lane and a retail tenant. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 1, 2017 Page 7 of 10 Concept 2 showed removal of the existing building and construction of a single -tenant 9,000 sq. ft. restaurant with a drive-thru lane. The northeast quadrant of the County Road 42 and Cedar Avenue intersection is zoned Planned Development No. 290 (PD -290) which provides for an integrated mix of limited business and certain retail uses that support limited business. The property is zoned PD -290, Zone 1 which allows limited business uses including professional offices, banks, hospital and nursing homes. Class I restaurants are a permitted use in the zoning district. She reviewed the streets and intersection impacts, parking and stormwater management. Commissioner Alwin referred to the 4 -unit concept and expressed concern for the traffic flow especially along 147th Street. He also had concerns for traffic flow exiting onto Glazier Ave as well. He felt if the single unit concept was built then the traffic flow would not be the same as it would be with a 4 -unit development. Commissioner Scanlan asked if it would be a consideration to make the exit from Glazier Avenue on to 147th Street a right turn only. Public Works Director Matt Saam said there would need to be a traffic study at that intersection because of the impacts to 147th Street. Scott Moe, Launch Properties, commented that the market dictates what can be built on this site. They cannot park all food users at the site at the noon time. They do not want fast food users there. They would prefer a different user. He reviewed how the current zoning does not fit all users and that it is difficult to keep up with the zoning language. Commissioner Scanlan commented that rules are part of it and the City has looked at it in the past as to how it fits and to make things work. He expressed concerns with four tenants and a drive thru along with the traffic flow. Chair Melander commented that Apple Valley is business friendly and they will try to find a way for something to fit. He said in terms of one restaurant, we have other places in Apple Valley. Commissioner Diekmann said he likes the single tenant use but is not opposed to the multi -tenant use. He said everybody likes convenience and he is open to thinking about a drive-thru on a Class I restaurant. Mark Nordland, Launch Properties, said he feels both concepts have their merits. He agreed that parking and traffic are two issues here. He commented that if you get the right mix of tenants you can work with the issues because of different peaking times. It would be up to them to get the correct users and tenants to get the proper balance. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 1, 2017 Page 8 of 10 Commissioner Scanlan referred to the single -tenant concept, and said there are other restaurants out there that do not require drive -ups. He expressed concern for how that would affect other Class I restaurants in Apple Valley. C. Cedar Brook Market 12503 Germane Ave Sketch Plan Review — Sketch plan review for Proposed Comprehensive Plan amendment, rezoning, and preliminary plat for the subdivision of the Cedar Brook Market site to construct a single-family home on the open space on the southern side of the lot. Planner/Economic Development Specialist Alex Sharpe stated the plan proposes construction of a single-family home on the southern portion of the lot occupied by Cedar Brook Market. Cedar Brook Market is a gas station and convenience store which is permitted within the Retail Business zoning designation. Approximately 35% of the lot is open greenspace to the south which is proposed for use as a single-family home. A previous proposal in 2006 for a townhome multi- family structure was denied for a Comprehensive Plan Amendment. He reported that the site is located in the northern portion of the. City east of Cedar Ave, west of the Cedar Knolls Mobile Home Park. The property is guided "C" Commercial in the 2030 Comprehensive Plan. Construction of a single family home would require a comprehensive plan amendment to "LD" (Low Density Residential 2-6 units per acre). The City denied a Comprehensive Plan amendment application in 2006 to designate the property "MD" (Medium Density Residential 6-12 units per acre). There are other residential uses surrounding the property. This would be the only single-family use in the area and has the potential to appear out of place. The property is zoned "RB" Retail Business and would require rezoning to allow for a single family use. The single family lot would likely be zoned "R-3" (Single Family Residential with a minimum lot size of 11,000 sq. ft.). The proposed site plan maintains the existing convenience store and all parking. A new lot is proposed on the southern portion of the site for the proposed single-family home. He reviewed parking setbacks and plans for an approximately 1005 sq. ft. home and a 500 sq. ft. garage. Commissioner Alwin asked what uses are permitted in a "RB" zoning district. Mr. Sharpe reviewed the permitted uses. Commissioner Scanlan said he had a concern for a single-family house to be put on the lot along with any variances that would be required to put a single-family house in this high-density area. Chair Melander commented that he sees a property owner that owns the land, is not able to do anything with it and continues to pay property taxes on it. He understands why the property owner would like to put residential on it since there is residential around it. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 1, 2017 Page 9 of 10 Bruce Helmbolt, 12503 Germane Avenue, said in the past he has tried addressing commercial but there is no traffic that goes past the location. He had tried storage units. He tried two townhomes on the property and the City Council was concerned for losing commercial. Josh Trier, Mr. Helmbolt's son-in-law, commented that the convenience store does offer service to the people in the area and they see a lot of foot traffic to the store. They did explore the idea of a laundromat. He said when they look at other commercial options, they really do struggle. Commissioner Alwin asked for the history on this property and how did the City end up with a small commercial within this residential area. Mr. Lovelace answered that at one time the City was looking at smaller quadrants that would support commercial around the residential. This was one of the first areas to be developed in the City of Apple Valley. Commissioner Diekmann commented that this business is viable if the convenience store was successful for 19 years already. He is not supportive of a single-family house. He thought there would be an opportunity for a laundromat or another commercial option that can use the parking lot. Chair Melander agreed that it is a tough spot to develop. Commissioner Diekmann asked if there would be an opportunity to split the lot and sell the lot to somebody else that would want to do something that is still commercial. Mr. Helmbolt answered that he thinks a new owner would run into the same things they have run into in the past as to what would you put back there. It is really about location, location, location. A convenience store works because it is convenient as you go by there. There is not enough traffic to support another business. People do not drive into there for a destination. Chair Melander suggested that maybe this could be brought to a vote and have a run at it and let the City Council decide if they would allow a house if they would not previously allow a townhouse. Commissioner Diekmann asked if this lot got split off and the proposal went forward, what would happen with the impervious surface of the retail lot. He commented that may be a hindrance of the ability to do this. Mr. Saam answered that this would be platted and the applicant would need to manage the stormwater for both lots. D. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place on February 15, 2017, at 7:00 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 1, 2017 Page 10 of 10 7. ADJOU a MENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann to adjourn the meeting at 9:11 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, 6-4.41 Le* Murphy, Planning ljepart nt Assistant Approve. by he Apple Valley Planning Commission on om eiander, Chair