HomeMy WebLinkAbout04/18/2018Apple
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Meeting Location: Municipal Center
7100 147th Street West
Apple Valley, Minnesota 55124
April 18, 2018
PLANNING COMMISSION TENTATIVE AGENDA
7:00 PM
1. Call to Order
2. Approve Agenda
3. Approve Consent Agenda Items
Consent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a commissioner or citizen requests
to have any item separately considered. It will then be moved to the land
use/action items for consideration.
A. Approve Minutes of April 4, 2018, Regular Meeting
B. Adopt Resolution Approving the Setting of a Public Hearing for 2040
Comprehensive Plan Update - PC 17-06-P
Location: Citywide
Petitioner: City Of Apple Valley
4. Public Hearings
A. Appliance Smart Building Conditional Use Permit and Building Addition
Site Plan/Building Permit Authorization - PC 18 -06 -CB
Public Hearing to Consider a Conditional Use Permit for a Class II
Restaurant with Drive -Through Window Service and Site Plan/Building
Permit Authorization to Allow for Construction of a 7,087 -sq. ft. Building
Addition to the Existing 48,960 -sq. ft. Retail Building
Location: 7370 153rd Street West
Petitioner: Seventy Three Seventy, LLC
5. Land Use / Action Items
6. Other Business
A. Review of Upcoming Schedule and Other Updates
Next Planning Commission Meeting -Wednesday, May 2, 2018 - 7:00
p
.111.
Next City Council Meeting -Thursday, April 26, 2018 - 7:00 p.m.
2040 Comprehensive Plan Update Schedule:
April 30 - Open House at the Municipal Center - 6:00 p.m.
May 7 - Open House at the Municipal Center - 6:00 p.m.
May 16 -Public Hearing at Planning Commission - 7:00 p.m.
7. Adjourn
Regular meetings are broadcast, live, on Charter Communications Cable Channel
180 and on the City's website at www.cityofapplevalley.org
APPVaIIey
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
3.A.
April 18, 2018
Consent Agenda
Description:
Approve Minutes of April 4, 2018, Regular Meeting
Staff Contact:
Joan Murphy, Department Assistant
ACTION REQUESTED:
Approve minutes of regular meeting of April 4, 2018.
Department/ Division:
Community Development Department
SUMMARY:
The minutes of the last regular Planning Commission meeting are attached for your review
and approval.
BACKGROUND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Minutes
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
APRIL 4, 2018
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at
7:00 p.m.
Members Present: Tom Melander, Ken Alwin, Tim Burke, Jodi Kurtz and Paul Scanlan.
Members Absent: Keith Diekmann and David Schindler.
Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, Community
Development Director Bruce Nordquist, City Planner Tom Lovelace,
Planner/Economic Development Specialist Alex Sharpe and Department Assistant
Joan Murphy.
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the agenda.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the
agenda. Ayes - 5 - Nays - 0.
3. CONSENT ITEMS
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the
minutes of the meeting of March 21, 2018. Ayes - 5 - Nays - 0.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan , recommending
approval of a 6 foot setback variance and an off -premise sign variance to construct a
shared entrance ground sign off of Glazier Ave and shall be applicable to the
property legally identified as Lot 1, Block 1, Apple Valley Commercial Addition
with conditions. Ayes - 5 - Nays - 0.
4. PUBLIC HEARINGS
- NONE -
5. LAND USE/ACTION ITEMS
A. Springs at Cobblestone Lake — PC18-01-PZB
City Planner Tom Lovelace stated Continental 432 Fund, LLC is requesting approval of the
following:
1. Rezoning of Outlots L and M, Cobblestone Lake Commercial 3rd Addition to Planned
Development No.703/zone 5.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 4, 2018
Page 2 of 7
2. Amendments to Planned Development No. 703 to allow apartments as a permitted use in
zone 5 and establish area requirements and design standards in zone 6.
3. Preliminary plat that will combine Outlots L and M, Cobblestone Lake Commercial 3rd
Addition into one lot.
4. Site plan/building permit authorization to allow for thirteen apartment buildings, one
clubhouse, and eleven detached garage buildings.
The site is one of the last parcels to be developed in Cobblestone Lake, a 320 -acre mixed-use
development. The site is adjacent to the 193 -unit Orchard Path continuum of care facility,
Cobblestone Manor (a 60 -unit Dakota County Community Development Agency senior apartment
building), Cobblestone Lake Medical Center, and a leg of the North Creek Greenway to the north;
single family residential to the east, the Spirit of Brandtj en Farms mixed-use development to the
south, and an Apple Valley water reservoir to the west.
The applicant is proposing to construct 13 two-story apartment buildings, 11 detached garage
buildings, and a 4,400 -sq. ft. clubhouse facility. Ten buildings will have 16 units per building and
the remaining three will have 12 units per building.
Access to the development will be via one driveway located along the west side of Elmhurst
Lane for residents, with a second along Cobblestone Lake Parkway for emergency vehicles only.
The site will be completely fenced and the access drives will be secured.
Mr. Lovelace reviewed the preliminary plat, site plan, grading plan, utilities plan, elevation
drawings, landscape plan and pedestrian access.
Commissioner Burke inquired how to handle the extra masonry on buildings.
Mr. Lovelace answered it would be handled in the performance standards.
Commissioner Alwin commented he recalled previous plans that had smaller parking stalls and
asked what was allowed along curb or landscape areas.
Mr. Lovelace replied that all parking spaces should be 181/2 feet and that sidewalk makes up for it
and they would still meet the ADA requirement. Standard parking spaces are 9' x 20'required by
the City but if adjacent to a curb can be reduced to 181/2 feet in length because of the allowance for
the overhang.
Commissioner Scanlan asked if the infiltration basins would be part of a maintenance plan.
Mr. Lovelace answered yes that there would be a maintenance plan and that the document would be
recorded with Dakota County at the time of the development agreement and final plat. The
maintenance plan would set up for inspections and yearly maintenance.
Commissioner Scanlan asked how the retaining wall would be constructed.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 4, 2018
Page 3 of 7
Mr. Lovelace replied it would be interlocking blocks, 16 feet high and staff would continue to work
with them on it.
Commissioner Scanlan inquired why a chain link fence was considered for this project and
commented that a chain link fence has not been used in Cobblestone and it has not been permitted
in any of the other areas of Cobblestone.
Mr. Lovelace commented that the City is not requiring that they fence the site in. He said the
architectural review committee that is established in Cobblestone could have jurisdiction over this.
He said there is no code for chain link fence.
Commissioner Scanlan said he is familiar with the architectural requirements in the Cobblestone
community and it specifically spells out in there that chain link fence is not permitted and added he
is perplexed by the whole idea of putting a fence around the development to begin with because it
does not meet the community design.
Commissioner Kurtz inquired what the material of the fence was because the other Springs location
in Apple Valley has had the fence down a couple times and she wondered if it had to do with the
material or the installation of the fence.
Mr. Lovelace said they may have needed access due to maintenance work and took the fence down
to gain access to the site.
Bob McCaigue, Continental Properties, was available to answer any questions the Commission
might have and said they would continue to monitor any fence maintenance issues at the other
Springs location. He said the need for a fence on the retaining wall at the Springs in Cobblestone
was for safety.
Commissioner Scanlan commented there is not an argument as far as the need for a fence on the
retaining wall from a safety perspective but there would still be visibility of the chain link fence
from the walkways on the parkway if it is at 14 or 16 feet plus.
Mr. McCaigue replied that a decorative fence is more visible than a chain link and is why they tend
to have it more at their front door near the clubhouse. They tend to have it for that perceived
enclosure of the site. Most of their developments are gated communities and it is their brand to be a
gated community. To have the chain link fence in the residual area, Pilot Knob Road and 160th
Street, the intent is to preserve that enclosure but not have it as visible as a decorative fence is why
they chose that. He said they will continue to work with staff so they have something that is in the
best interest of the whole development.
Commissioner Scanlan said he had a concern for the need for a fence since the Sketch Plan Review
and still does not understand how a fence fits into the Cobblestone Community.
Commissioner Burke asked what the distance was between the fence and the retaining wall.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 4, 2018
Page 4 of 7
Mr. McCaigue replied he did not know for sure.
Commissioner Burke added that on windy days there can be a lot of trash that collects there and
asked that the management maintains it.
Mr. McCaigue said they would.
Chair Melander said if you build the wall now before the buildings are built that could be a concern
if the wall fails and it could be a whole scale of problems once the buildings are up. He added he
understands the Springs brand of a gated community and knows in Cobblestone Lake there is a
walkable concept and that this is not really in harmony with the rest of the development.
Mr. McCaigue said they have included two pedestrian accesses points to the north and another at
the front gate that provides continuity of pedestrian traffic.
Commissioner Scanlan inquired about the color palette and commented that the grey and beige are
not part of the standard colors of Cobblestone for the design color.
Mr. McCaigue said they consider it a blue with a variation on the doors and they could continue to
work with staff if there are any issues.
Commissioner Alwin asked if the color palette was a Planning Commission scope item or is it up to
the developer and Architectural Review Committee of Cobblestone Lake to review.
Mr. Lovelace answered that this is a planned development and there are items within the planned
development that can be negotiated. He said within this development the City has accepted the
color palettes that were submitted by the developers but if there is a concern about that they can be
directed to come up with a color palette acceptable as part of a performance standard.
Chair Melander added if there was a separate Architectural Review Committee in Cobblestone Lake
that has standards then the Planning Commission could be overstepping their authority.
City Attorney Sharon Hills said architectural design or color is not in the realm of the Planning
Commission or City regulations.
MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, recommending
approval of the rezoning of Outlot L, Cobblestone Lake Commercial 3rd Addition
from Planned Development No. 703/zone 7 to Planned Development No. 703/zone
5. Ayes - 4 - Nays — 1 (Scanlan).
MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, recommending
approval of the rezoning of Outlot M, Cobblestone Lake Commercial 3rd Addition
from Planned Development No. 703/zone 8 to Planned Development No. 703/zone
5. Ayes - 4 - Nays — 1 (Scanlan).
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 4, 2018
Page 5 of 7
MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, recommending that
staff be directed to prepare an ordinance to codify the uses, performance standards
and area requirements for Planned Development No. 703/zone 5 to include
additional masonry as outlined in the presentation. Ayes - 4 - Nays — 1 (Scanlan).
MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, recommending
approval of the Springs at Cobblestone Lake preliminary plat, subject to the
following conditions:
1. Easements that restrict access to Cobblestone Lake Parkway and Elmhurst Lane
except where noted on the site shall be established.
2. A drainage, utility, and trail easement, a minimum of .5 acres, shall be
established south of Cobblestone Lake Parkway and north of the north property
line of Lot 1.
Ayes - 4 - Nays — 1 (Scanlan).
MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, recommending
approval of the site plan/building permit authorization to allow for construction of a
196 -unit apartment project on Lot 1, Block 1, Springs at Cobblestone Lake, subject
to the following conditions:
1. Construction shall occur in conformance with the site plan dated March 23, 2018.
2. Construction shall occur in conformance with the landscape plans dated March 9,
2018, 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 application.
3. Construction shall occur in conformance with the elevation plan dated March 28,
2018.
4. A minimum of one surface parking space and one garage space per unit shall
satisfy the parking requirements.
5. Each parking space shall not be less than nine feet wide and 20 feet in length and
each space shall be served adequately by access drives. If the stall is adjacent to a
curb or a landscaped area, the required length of the space may be reduced by 1.5
feet.
6. Perimeter fencing shall be installed in accordance with the fence plan, dated
March 23, 2018, subject to masonry columns along all of the section of fence
adjacent to the north property line.
7. Issuance of any building permits shall be contingent upon approval by the City
and Dakota County of the retaining wall along the west and south property line.
8. Infiltration basins and underground storm water infiltration system shall be
constructed in conformance with the City standards.
9. The property owner shall execute a maintenance agreement or other suitable
agreement to be filed with the deed that ensures the perpetual maintenance of all
underground storm water infiltration systems and infiltration basins.
10. Construction shall be in conformance with the lighting plan dated March 9, 2018
and all applicable City ordinances. Any site lighting shall consist of downcast,
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 4, 2018
Page 6 of 7
shoebox lighting fixtures or wallpacks with deflector shields which confines the
light to the property.
11. Approval of a signage plan is not included with this site plan and building permit
authorization. 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.
Ayes - 4 - Nays — 1 (Scanlan).
Commission Scanlan clarified his position as to why he did not support this project. He said it
comes down to two items. First the perimeter fence which he believes does not fit the Cobblestone
Lake community of livable walkable interaction with your neighbors versus having a fence around
you and isolating yourself from the community and not allowing the rest of the community to
interact with you. He said they talk about their brand but have lost the whole focus of what the
brand for Cobblestone Lake was and do here especially since this is the last major project within
Cobblestone and not to carry through with the major concept with the neighborhood. The other
thing he had a concern with is the inconsistency of how building materials are used on the product
throughout that it is not being done consistently which is out of the norm for any other commercial
or residential area within Cobblestone. He said those were his major objections to the project and
he has reservations not knowing exacting what is taking place with the wall and how that is going to
be and the final materials and colors and so forth.
6. OTHER BUSINESS
A. Sketch Plan Review of a Revised Menard's Redevelopment Plan of the Former Hanson
Concrete Property.
City Planner Tom Lovelace stated no official action is needed. The owner had previous proposals
and wishes to receive feedback concerning the proposed revised plans. It is recommended that the
Planning Commission not state specifically whether or not they would approve or deny the request,
but rather, identify the specific zoning questions or issues they might have with the proposed
project.
He said Menard, Inc. has submitted revised plans for a proposed development of 50.5 acres of
property located at the northwest corner of CSAH 42 and Johnny Cake Ridge Road. The submitted
plans identify a 210,000 -sq. ft. store and 420 -space surface parking lot on 20 acres, 18 acres of
future office/office warehouse development, and five acres of storm water ponding/open area. The
remaining land area would be public road right-of-way.
The petitioner has submitted two sets of revised plans. One set includes a proposed land use, site,
bike and pedestrian circulation, and phasing plans that focuses specifically on 20 -acre development
and the second set lays out plans for the full 50.5 -acre site.
The subject property is currently guided "IND" (Industrial) on the 2030 Comprehensive Plan Land
Use Map. This category allows offices, assembly, warehouse, manufacturing and other similar
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 4, 2018
Page 7 of 7
activities within an enclosed building to limit the amount of dust, noise, odor and other adverse
impacts. The current zoning district categories that regulate industrial uses include "I-1" (Limited
Industrial), "I-2" (General Industrial) and "BP" (Business Park). A limited percentage of floor
space (10% of gross floor area) is permitted for retail activities accessory to the industrial uses.
The property is currently zoned "I-2" (General Industrial). General industrial districts are designed
to serve the smaller "quasi -industrial" uses, such as machine shops, sign shops, mill -working
establishments, and the like.
He reviewed the site plan, building elevations, street access to the site and pedestrian access. He
said the building elevations will receive more scrutiny at the time of a formal application. He said
the next step would be for Menard Inc. to make a formal application.
Theron Berg, Menards Inc., provided additional information.
Discussion followed.
B. 2040 Comprehensive Plan Update — Establishing Dates for Open Houses and Public
Hearing.
Community Development Director Bruce Nordquist reviewed the scheduled dates for the open
houses and public hearing to receive input on the 2040 Comprehensive Plan Update.
MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan approving the
scheduled dates. Ayes - 5 - Nays - 0.
C. Review of upcoming schedule and other updates.
Community Development Director Bruce Nordquist stated that the next regular Planning
Commission meeting would take place Wednesday, April 18, 2018, at 7:00 p.m.
7. ADJOURNMENT
Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander
asked for a motion to adjourn.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan to adjourn the
meeting at 8:44 p.m. Ayes - 5 - Nays - 0.
Respectfully Submitted,
/s/ Joan Murphy
Joan Murphy, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on
Tom Melander, Chair
APPVaIIey
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
3.B.
April 18, 2018
Consent Agenda
Description:
Adopt Resolution Approving the Setting of a Public Hearing for 2040 Comprehensive Plan
Update - PC 17-06-P
Location: Citywide
Petitioner: City Of Apple Valley
Staff Contact:
Thomas Lovelace, City Planner
Department / Division:
Community Development Department
Applicant:
City of Apple Valley
Applicant Date:
60 Days:
Project Number:
PCI7-06-P
120 Days:
ACTION REQUESTED:
Adopt the draft resolution approving the setting of a public hearing to receive comments on
the 2040 Comprehensive Plan Update at the May 16, 2018, Planning Commission Meeting.
SUMMARY:
The Planning Commission is asked to set a public hearing for its May 16, 2018, meeting to
receive comments concerning the 2040 Comprehensive Plan update. Draft plan chapters will
be available for review at www.imagineapplevalley2040.com or www.ci.apple-valley.mn.us
Below is a list of the upcoming schedule for the Comp Plan update. The aggressive schedule
is needed to ensure that the final plan is delivered to the Met Council by Thursday, May 31,
2018.
Date Meeting
April 21 Home and Garden Show
;April 30 Open House
May 7 Open House
May 16
Public Hearing - Planning
Commission
May 24 City Council
BACKGROUND:
N/A
BUDGET IMPACT:
N/A
Location
Eastview High School
City Council Chambers
;City Council Chambers
City Council Chambers
City Council Chambers
Time
9:00 a.m. to 3:00 p.m.
[6:00
p.m. to 8:00 p.m.
r
6:00 p.m. to 8:00 p.m.
;7:00 p.m.
7:00 p.m.
ATTACHMENTS:
Resolution
CITY OF APPLE VALLEY
PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER THE
2040 UPDATE TO THE APPLE VALLEY COMPREHENSIVE PLAN
WHEREAS, pursuant to the Metropolitan Land Planning Act of 1976, the City of Apple
Valley was required to prepare a Comprehensive Plan setting forth land use and development
polices throughout the City, and
WHEREAS, the City of Apple Valley on July 13, 1981, adopted a plan titled City of Apple
Valley Comprehensive Guide Plan, and
WHEREAS, pursuant to 1995 amendments to said Act, the City adopted an updated plan on
October 14, 1999, and
WHEREAS, pursuant to 2006 amendments to said Act, the City adopted an updated plan on
January 14, 2010; and
WHEREAS, pursuant to 2014 amendments to said Act, local government units are required
to review and, if necessary, amend their entire comprehensive plans; and
WHEREAS, the Apple Valley Planning Commission wishes to schedule a public hearing to
allow the public to comment on the draft 2040 Comprehensive Plan update.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Apple Valley, Dakota County, Minnesota, that a public hearing before the Apple Valley Planning
Commission be set for May 16, 2018 at 7:00 p.m. to consider the 2040 Update to the Apple Valley
Comprehensive Plan.
ADOPTED by the Planning Commission of Apple Valley on April 18, 2018.
Thomas Melander, Chair
c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\c77c62a5-5a07-4a05-8c63-f8a88043b3e2\apple
valley. 6424.1.pc_resolution_set_hrg_4.18.18 . doc
APPVaIIey
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
4.A.
April 18, 2018
Public Hearings
Description:
Appliance Smart Building Conditional Use Permit and Building Addition Site Plan/Building Permit
Authorization - P C 18-06-C B
Staff Contact:
Thomas Lovelace, City Planner
Department / Division:
Community Development Department
Applicant:
S eve my Three Seventy, L L C
Applicant Date: 3/7/2018
60 Days: 5/5/2018
Project Number:
PCI8-06-C B
120 Days: 7/4/2018
ACTION REQUESTED:
Open the public hearing, receive comments and close the public hearing. It is the policy of
the Planning Commission not to act on a public hearing item the night of the public hearing.
SUM MARY:
The petitioner is requesting the following:
1. Approval of a conditional use permit to allow for a 2,973 -sq. ft. Class II restaurant with
drive-through window service.
2. Site plan/building permit authorization to allow for construction of a 7,087 -sq. ft.
addition to an existing 48,960 -sq. ft. retail building located at 7370 153rd Street West.
The 4.48 -acre lot is located along the south side of 153rd Street West, approximately 1/8 -
mile east of Cedar Avenue. Adjacent uses include Planet Fitness and Cub Foods grocery
store to the West, Office Max to the north, the Dollar Tree store to the east and the MVTA
(Minnesota Valley Transit Authority) bus layover facility to the south. Planet Fitness, Cub
and Dollar Tree are designated "C" (Commercial) on the City's 2030 Comprehensive Land
Use Map and "RB" (Retail Business) on the City's zoning map. The Office Max store is
designated "C" (Commercial) and part of the "PD -244" (Planned Development) zoning
district, and the bus layover facility is designated "MIX" (Mixed Use) and zoned "PD -507".
In 2013, development plans were submitted and approved to allow for construction of a
6,364 -sq. ft. addition. The proposed addition was expected to be the location of a Class I
restaurant that included a 1,400 -sq. ft. outdoor patio area. Because no building permit was
issued within one year of the approval of the site plan/building permit authorization
resolution, the approval lapsed. New plans have been submitted for a slightly larger building
addition at the same location, which will now include a Class II restaurant with a drive-
through window and an additional tenant.
BACKGROUND:
Comprehensive Plan: The 2030 Comprehensive Plan Land Use Map designates the site
"C" (Commercial). The proposed addition and conditional use permit request would be in
conformance with the existing map designation and the goals and policies of the Plan.
Zoning: The property is currently zoned "RB" (Retail Business). Retail business districts
are areas which are centrally located to serve the need for general retail sales. The current
use is a permitted use within the "RB" zoning district. The applicant is proposing to construct
a 7,087 -sq. ft. addition to the existing 48,960 -sq. ft. multi -tenant retail building, which is
occupied by an Appliance Smart, Becker Furniture and Becker Mattress stores.
The submitted plans indicate a 2,973 -sq. ft. Class II restaurant with drive-through window
service in the proposed addition, with space available for an additional tenant. The "RB"
zoning district lists a Class II restaurant as a conditional use, which is defined a use that is
permitted in a particular zoning district subject to meeting all conditions and standards for the
location or operation of the use.
Conditional Use Permit Request: A Class II restaurant is a conditional use within the
"RB" (Retail Business) zoning district. Conditional uses include those uses generally not
suitable in a particular zoning district, but which may, under some circumstances, be suitable.
When the circumstances exist, a conditional use permit may be granted.
The City may grant a conditional use permit, as the use permit was applied for or in modified
form, if it is determined that the proposed location of the conditional use is in accord with the
objectives of the comprehensive guide plan and the purposes of the district in which the site
is located and would not be materially injurious to properties or improvements in the vicinity.
The Planning Commission shall recommend a conditional use permit and the Council may
issue conditional use permits if it finds that the use at the proposed location:
1. Will not be detrimental to or endanger the public health, safety, or general welfare of the
neighborhood or the City.
2. Will be harmonious with the general and applicable specific objectives of the
comprehensive plan and code provisions.
3. Will be designed, constructed, operated and maintained so as to be compatible or
similar in an architectural and landscape appearance with the existing or intended
character of the general vicinity and will not change the essential character of that area,
nor substantially diminish or impair property values within the neighborhood.
4. Will be served adequately by existing (or those proposed in the project) essential public
facilities and services, including streets, police and fire protection, drainage, structures,
refuse disposal, water and sewer systems and schools.
5. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be hazardous or detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
6. Will have vehicular ingress and egress to the property which does not create traffic
congestion or interfere with traffic on surrounding public streets.
7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature
of major importance.
It appears the proposed conditional use request would meet all the requirements with the
exception of no. 6, specifically the location of the drive-through lane. The applicant has not
identified the restaurant user or the location of the menu board. No drive-through window
by-pass lane is shown on the plan, which may be problematic. Also, the location of the drive-
through lane entrance is very close to the most southerly driveway entrances to Cub/Planet
Fitness and Appliance Smart/Becker Furniture parking lots. Access to those entrances
may be blocked if more than six cars line up to use the drive-through window service, which
would likely occur, at a minimum, during peak times. That situation may also cause conflicts
with vehicle access to and from the south side the two properties.
Site Plan: The site plan shows a 7,087 -sq. ft. addition that will be attached to the existing
building and will be built over a portion of a 44 -space surface parking lot located along the
west side of the existing building. This will result in the loss of 25 parking spaces in
that west lot. The applicant is proposing to pick up those lost spaces by adding 23 spaces
behind the existing building and four spaces directly in front of the proposed addition. The
site plan shows that the spaces in the rear of the building will be 19 feet long, which is one -
foot shorter than what is currently required by code.
Staff also has a concern about the safety of customers and staff using the proposed spaces in
the rear of the building, especially during the evening hours. Therefore, a lighting plan should
be provided to ensure that there will be adequate lighting in the parking area in the rear of the
building.
Two outside water valves, and several downspouts and roof scuppers are located on the
south elevation of the building. Parking would not be allowed in front of the water valves.
Any parking space in front of a downspout will reduce, at a minimum, the length of those
spaces by an additional one -foot of depth to the already deficient depth. And finally, parking
perpendicular to the roof scuppers would create a situation where roof runoff would fall
directly onto the vehicles parked under them.
The parking spaces in the rear of the building may also cause conflicts with delivery and
trash collection vehicles accessing the rear of the Dollar Tree store. An AutoTURN drawing
showing how those vehicles will function in the rear of the building should be submitted.
A bump -out area is located along the east side of the private drive, directly adjacent to
Appliance Smart's existing 44 -space parking lot . This bump -out is there for the benefit of
delivery vehicles leaving the Cub site who need the additional pavement area when making
north bound left turns. The applicant is proposing to reduce that area. An AutoTURN
drawing should be provided, which should show how delivery trucks will maneuver the
private drive when leaving the Cub site.
The site plan identifies 231 surface parking spaces that will serve the site. The current
Appliance Smart and Becker Furniture and Mattress uses have a demand for a minimum of
68 spaces. The proposed addition could require a minimum of 47 parking spaces. If the uses
in the existing building were to change to a different type of retail operation, the minimum
number of parking spaces would increase significantly.
The applicant is proposing a 500 -sq. ft. patio that will be located adjacent to the restaurant in
the northwest corner. The applicant should identify the number of outdoor seats in the patio
area.
The plans do not identify the location of any the building addition's mechanical
equipment. All mechanical equipment shall be screened in accordance with the City's zoning
code.
The applicant should provide information on the on-site location of their building material
storage and construction personnel parking areas, and haul routes for material and equipment.
Grading Plan: The site will remain undisturbed with the exception of the excavation work
needed for the building construction and extension of the necessary utilities to serve the
proposed building addition. 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 any City
permits for the proposed building addition.
Elevation Drawings: The submitted elevation plan indicates an exterior finish that will
consist of a combination of brick, rock face block, and EIFS, a type of exterior wall
covering that mimics the look of stucco. The proposed materials meet the current
commercial exterior finish materials code requirements.
A trash enclosure is located just south of the proposed addition. Elevation plans for the
enclosure have not been included with the submittal. The trash enclosure shall have walls
that are architecturally compatible with the exterior finish of the proposed addition.
Availability of Municipal Utilities: All public utilities necessary to serve the proposed
building addition are currently available onsite. An existing sanitary sewer line is located just
north of the south property line and a water main line runs along west property line.
Connections will be made from the existing lines to the proposed building addition.
Storm sewer lines are currently located within the west parking lot. The proposed addition
will be constructed over one of those lines, which will severely limit access to that line for
maintenance or replacement purposes. The applicant will need to relocate that line to the
satisfaction of the City Engineer.
A final utility plan shall be submitted for review and approval by the City Engineer prior to
issuance of any City permits for the proposed building addition.
Landscape Plan: The applicant has submitted a preliminary landscape plan and material
list. The plan shows the size, location, quantity, caliper and species of all plant materials,
including ground covers. City code requires that the minimum cost of landscaping materials
(live plant material excluding sod) for industrial projects shall be 21/2% of the estimated
building construction cost based on Means construction data. A detailed planting price list
shall be required for verification of the City's 21/2% landscaping requirement at the time of
submission of plans for a building permit.
City staff has reviewed the landscape plan and have the following comments:
• Of eight proposed trees, six are Japanese tree lilacs, an ornamental tree variety. No
more than one-third of the replacement trees shall be of the same species of tree. Please
diversity the species and include more large shade trees.
• Ensure all trees are planted a minimum of 10-15' from buildings to allow for full growth
with minimal pruning and conflict. Ornamental species near sidewalks and drive aisles
will likely become a nuisance as they mature.
• Only two evergreen shrub species are proposed on the plan. The site may benefit from
additional evergreen shrub varieties in the plantings.
• Trees should not be planted over proposed or existing utilities
• Plantings should be added along the north edge of the outdoor seating area as well as
the existing raised parking lot islands and sidewalk.
Street Classifications/Accesses/Circulation: Vehicular access will be available via private
drive lane located along the south side of 153rd Street West, a minor collector with a design
capacity of 5,000-15,000 trips per day. The street has been designed to accommodate the
expected traffic that will be generated by this proposed development.
There are also additional drives that intersect with 153rd Street West from the Cub and
Dollar Tree property, which allow access to the subject property via cross access agreements
between the property owners.
Pedestrian Access: A public sidewalk is located along 153rd Street West. A private
sidewalk located along the east side the westerly common drive. Sidewalk connections from
the existing on-site sidewalk as well as from the rear parking area will be installed.
A pedestrian ramp is shown along the south property line. This ramp will not connect to any
sidewalk south of the subject property. This should not be installed until the location of any
sidewalk extension across the property to the south has been identified.
Signs: No signage details have been included with their submission. Approval of the site
plan/building permit authorization request does not constitute sign approval. A separate sign
application will need to be submitted and approved prior to erecting any signs.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Area Map
Comp Plan Map
Zoning Map
Site Plan
Plan Set
Elevations
Landscaping Plan
Planet Fitness
Dollar
Tree
TransitStation
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ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
6.A.
April 18, 2018
Other Business
Description:
Review of Upcoming Schedule and Other Updates
Staff Contact:
Joan Murphy, Department Assistant
ACTION REQUESTED:
N/A
SUM MARY:
Next Planning Commission Meetings:
Department/ Division:
Community Development Department
Wednesday, May 2, 2018 - 7:00 p.m.
• Public hearing applications due by 9:00 a.m. on Wednesday, April 4, 2018
• Site plan, variance applications due by 9:00 a.m. on Wednesday, April 18, 2018
Wednesday, May 16, 2018 - 7:00 p.m.
• Public hearing applications due by 9:00 a.m. on Wednesday, April 18, 2018
• Site plan, variance applications due by 9:00 a.m. on Wednesday, May 2, 2018
Next City Council Meetings:
Thursday, April 26, 2018 - 7:00 p.m.
Thursday, May 10, 2018 - 7:00 p.m
2040 Comprehensive Plan Update Schedule:
April 30 - Open House at the Municipal Center - 6:00 p.m.
May 7 - Open House at the Municipal Center - 6:00 p.m.
May 16 -Public Hearing at Planning Commission - 7:00 p.m.
BACKGROUND:
N/A
BUDGET IMPACT:
N/A