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HomeMy WebLinkAbout08/15/2018 Minutes CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES AUGUST 15, 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, Paul Scanlan and David Schindler. Members Absent: Tim Burke, Keith Diekmann and Jodi Kurtz. Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Planner Kathy Bodmer and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, approving the agenda. Ayes - 4 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of August 1, 2018. Ayes - 4 - Nays - 0. 4. PUBLIC HEARINGS - NONE - 5. LAND USE/ACTION ITEMS A. Splinter Addition Subdivsion and Variances PC18-20-SVGF Planner Kathy Bodmer stated Gene and Shelby Splinter 129 Surrey Trail So. and Dan Moulin, 135 Surrey Trail So., wish to subdivide their properties by preliminary plat to adjust a shared property line so that the Splinters may acquire a 2,927 sq. ft. triangle of property behind their property from Dan Moulin. In addition, Gene Splinter requests two variances that would allow him to construct a 744 sq. ft. detached garage 9' from the north property line and 5' from the south property line (a 1.0' and 5.0' variance respectively). The shared property line is extended so that the Splinters are able to acquire a 2,927 sq. ft. triangle from Dan Moulin. The elevation of the site drops off dramatically from the main yard area of the lot to the rear lot line. The Splinters wish to take advantage of the 8' change in elevation to construct CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 15, 2018 Page 2 of 8 the garage behind the hill. Placing the detached garage below the hill will help to make it less visible from the street. Two variances are requested. 1. A variance to reduce the north side yard setback from 10' to 9' (1.0' variance). 2. A variance to reduce the south side yard setback from 10' to 5' (5.0' variance). She added the petitioner states he selected the site to minimize tree loss on the site. The petitioner is also striving to reduce the amount of grading required, in view of the fact that disturbing existing grades will impact adjacent mature trees. When the City reviews requests for variances, it must determine whether there are practical difficulties present that prevent the applicant from complying with the requirements of the zoning code. She gave the definition of practical difficulties and said the petitioner has a couple of alternatives to avoid the need for the variance. The petitioner could reduce the depth of the garage from 26' to 20' or reconfigure the floor plan; the petitioner said he wishes to use the garage to park a boat and needs the 26' depth. A second alterative would be to locate the garage in a different spot on the property. The petitioner is concerned that a different location would require substantially more grading and tree removal and would be more visible from the street. The petitioner likes the site selected because he can "tuck" the garage behind the hill. One last alternative to consider would be to revise the location of the newly created lot line to accommodate the size of the new garage. The lot line could be shifted north. The change in property lines is based on the existing conditions on the property. Shifting the shared lot line 9' south addresses a need by Dan Moulin for additional room for a driveway. So the location set is preferred by the two property owners. Discussion followed. MOTION: Commissioner Scanlan moved, seconded by Commissioner Alwin, recommending approval of subdivision by preliminary plat of Splinter Addition subject to the following conditions: 1. Drainage and utility easements shall be dedicated on the final plat in accordance with Sect. 153.53. 2. The final plat shall be filed at the Dakota County Recorder's office and evidence of the filing provided to the City prior to issuance of any building permit. Ayes - 4 - Nays - 0. MOTION: Commissioner Scanlan moved, seconded by Commissioner Alwin, recommending approval of the two side yard setback variances to construct a 744 sq. ft. detached accessory building based on the fact that the site is heavily wooded and has significant changes in topography, the site selected will minimize tree removal and CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 15, 2018 Page 3 of 8 site grading, and the site will be screened from view from the street, subject to compliance with all City Codes and the following conditions: 1. No tree removal, site work or any other land disturbing activity shall occur until the NRMP is issued. 2. The structure, including the foundation walls, may not encroach into the drainage and utility easement. 3. Retaining walls in excess of four feet in height require a building permit; the height of the new retaining walls shall be shown on the site plan. 4. Driveway grades shall be indicated on the site plan. Residential driveway grades may not exceed 10% slope. 5. The site plan shall show drainage arrows and additional elevations to ensure existing drainage patterns are maintained. The site shall be graded to not impact neighboring properties. 6. The resolution approving the variance shall be filed at the Dakota County Recorder's office and evidence of the filing provided to the City prior to issuance of any building permit. Ayes - 4 - Nays - 0. B. McCormick Computer Resale Addition PC18-21-VB Planner Kathy Bodmer reported there are a number of deficiencies with the site plan that need to be addressed either through revised plans or through variances. Staff recommends taking no action at this time. She stated McCormick Computer Resale at 14925 Energy Way wishes to expand their existing 20,640 sq. ft. manufacturing/warehouse facility by constructing a 23,700 sq. ft. addition. When completed, the building will be 44,340 sq. ft. They wish to more than double the size of their existing facility at 14925 Energy Way. The building was originally constructed in 1994 and is approximately 20,640 sq. ft. When the building was constructed, sketch plans were provided which demonstrated how the building could be expanded in the future without the need for a variance. The proposed expansion is approximately 4,000 sq. ft. larger than what was expected for the building addition. The property is zoned "BP" (Business Park) which allows facilities that have a combination of office, manufacturing and warehouse uses. The BP zoning was established to provide a "light- light -industrial" zoning district. The goal of the zoning district was to create a zone for corporate headquarters and larger business campus type uses. The area has become a mix of general office (Questar), town offices, a large church and more traditional industrial uses (Pilot Flex Center and AV Office/Warehouse). The property was zoned BP when the building was constructed. The zoning district has a provision that states that the side of a building containing dock doors may not face a public street. The building was originally approved and constructed with two dock doors facing north abutting Energy CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 15, 2018 Page 4 of 8 Way. Staff finds that the dock doors may have been previously approved, but that the zoning district clearly restricts docks facing public streets. She added the City Attorney has opined that this provision of the code is a performance standard from which a variance could be requested. The petitioner would need to provide information concerning the practical difficulty that would make the variance necessary. If a variance were to be granted, then the staff would recommend that the petitioner would need to meet the standard performance standards for dock doors found in the zoning code. The general dock door regulations state that the docks should be a minimum of 100' from a right-of-way line if facing a public street and be screened with a minimum 40' wide berm. The proposed dock doors are 75' from the Energy Way ROW and the landscaped boulevard is 35' wide. The petitioner proposes to add a second access point on the northwest corner of the site. The building is proposed to be expanded to the west with two saw tooth dock bays on the north side of the building. Parking is added along the west side of the building. The proposed facility is set up to accommodate two users if desired in the future. Discussion followed. C. Menards at Hanson Concrete PC18-17-PZSB City Planner Tom Lovelace stated Menard, Inc. is requesting an amendment to the 2030 Comprehensive Plan Land Use Map, rezoning of property, subdivision and site plan building permit authorization to allow for construction of a 206,209-sq.ft. Menards store and 48,970-sq. ft. warehouse on 18.4 acres of a 46.4-acre unplatted parcel. The property is located at the northwest corner of 150th Street West and Johnny Cake Ridge Road. The property is currently guided and zoned for industrial uses. The applicant is requesting that the southwest 18.4 acres be re-designated for commercial/retail uses. Approximately 18.4 acres of the site will retain its existing "IND" (Industrial) designation and will be developed for office/office warehouse uses and storm water ponding. The applicant is requesting that the property be rezoned from "I-2" (General Industrial) to "PD" (Planned Development) to allow for the Menard's store and future office/office warehouse uses. The proposed preliminary plat will subdivide the unplatted parcel into two (2) lots and four (4) outlots. Lot 1 will be the location of a new Menards home improvement store. The applicant has not identified any land use plans for the second lot, which will be 3.8 acres in area. Outlots A and B and the northwest corner of Outlot C will be used for storm water ponding. The remaining portion of the 13.9-acre Outlot C not used for ponding purposes will be reserved for future subdivision and development. Outlot D will be the location of a section of the North Creek Greenway trail. The remaining property will be dedicated as road right-of-way for CSAH 42, Johnny Cake Ridge Road, 147th Street West and Street A. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 15, 2018 Page 5 of 8 He reviewed the project history and that the subject property is currently guided "IND" (Industrial) on the 2030 Comprehensive Plan Land Use Map as well as the draft 2040 Land Use Map. The category description, which is similar in both plans, allows offices, assembly, warehouse, manufacturing and other similar 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 applicant is requesting that the southwest 18.4 acres of the site be re-designated from its current "IND" classification to "C" (Commercial). The commercial designation includes a wide variety of retail, office, and service uses that vary in intensity and off-site impacts. The City uses the zoning ordinance to regulate the intensity and characteristics of development based upon land use criteria and performance standards. He reviewed the zoning, landscaping, building elevations, greenway location, parking, utility plans and street classification, accesses and circulation. When staff reviewed the submittal information for the July 18, public hearing, it appeared that the applicant was proposing to rezone the property "GB" (General Business) and "I-1" (Limited Industrial). The applicant has clarified their request and would like to rezone the property "PD" (Planned Development). Discussion followed. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, recommending approval of the re-designation of Lot 1, Block 1, of the proposed Menards at Hanson Concrete preliminary plat from "IND" (Industrial) to "C" (Commercial). Ayes - 4 - Nays - 0. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, recommending approval of the rezoning of the property within the proposed Menards at Hanson Concrete preliminary plat from "I-2" (General Industrial) to "PD" (Planned Development) that would allow for a mix of retail, office, office/warehouse and limited industrial uses. Ayes - 4 - Nays - 0. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, recommending approval of the Menards at Hanson Concrete preliminary plat subject to the following conditions: 1. Approval of the appropriate amendment to the City's Comprehensive Plan Map and rezoning, which must be completed prior to final plat approval. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 15, 2018 Page 6 of 8 2. Approval by Dakota County due to the adjacent highway under its jurisdiction, and is further subject to appropriate revisions and/or highway improvements that said agency may condition its approval on. 3. Park dedication in accordance with adopted City standards which shall be satisfied by a cash -in -lieu of land contribution. 4. Dedication of drainage and utility easements according to the preliminary plat, which will be needed in order to provide the necessary storm water management as a result of this subdivision. 5. Dedication on the final plat of a ten foot (10') wide easement for drainage, utility, street, sidewalk, street lights, and tree plantings along the entire perimeter of all lots and outlots within the plat wherever abutting public road rights-of-way. 6. Dedication on the final plat of a five foot (5') wide drainage and utility easement along all common lot lines. 7. Dedication of a drainage and utility easement, 30 feet wide, over and across the storm sewer line from Catch Basin Manhole -5 to Storm Sewer Manhole -6 8. Installation of pedestrian improvements in accordance with the City's adopted Trail and Sidewalk Policies. 9. Submission of a final grading, drainage, erosion control, and utility plans to be reviewed and approved by the City Engineer. 10. Installation of City street trees in accordance with species, size, location, and spacing standards established in the Apple Valley Streetscape Management Plan. 11. Dedication of one foot (1') wide easement which will restrict direct driveway access to Street A except at locations identified on an approved site plan. 12. Dedication of one foot (1') wide easements which will restrict direct driveway access to Johnny Cake Ridge Road and 147th Street West. 13. Dedication of one foot (1') wide easement which will restrict direct driveway access to Street A except at locations identified on an approved site plan. 14. Widening Street on the east side to . Ayes - 4 - Nays - 0. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, recommending approval of the site plan/building permit authorization to allow for construction of a 206,209-sq. ft. Menards store and 48,970-sq. ft. warehouse on Lot 1, Block 1, Menards at Hanson Concrete, subject to the following conditions: 1. Approval and issuance of a permit shall be subject to completion of the amendment process of the Comprehensive Plan Map to "C" (Commercial) and the subsequent rezoning of the property to "PD" (Planned Development) and planned development ordinance amendments. 2. Approval and issuance of a building permit shall be subject to the approval and recording of the final plat. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 15, 2018 Page 7 of 8 3. Construction shall occur in conformance with the site plan dated August 1, 2018, subject to adherence to all the items listed in the City Engineer's August 9, 2018, memo. 4. Any parking lot driveway shall be setback a minimum of 300 feet from the CSAH 42 access. 5. Construction shall occur in conformance with the landscape plan dated July 31, 2018, (including sodded/seeded public boulevard area up to each street curbline); 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 and revisions to the plan per staffs comments identified in the City Engineer's memo dated August 9, 2018. 6. Construction shall occur in conformance with the elevation plan dated July 31, 2018, subject to the addition 4-foot wide tan brick columns along the full length of the west elevation. 7. The receiving dock elevation shall have the same finish as the west elevation. 8. Site grading shall occur in conformance with a final grading plan to be submitted for review and approval by the City Engineer. 9. Cart corrals shall have raised concrete curbs to delineate the chutes and shall incorporate landscaping elements into their design. 10. Bike racks shall be installed in front of the building near the entrances to the satisfaction of the City. 11. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. Issuance of a building permit shall be subject to submittal of a final lighting plan for review and approval by City staff. 12. 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. 13. on east side. Ayes - 4 - Nays - 0. 6. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next regular Planning Commission meeting would take place Wednesday, September 5, 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. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 15, 2018 Page 8 of 8 MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan to adjourn the meeting at 8:04 p.m. Ayes - 4 - Nays - 0. Respectfully Submitted, Jo/Murphy, Planni g Dee ment Assistant Approved, by t e Apple Valley Planning Commission on g r g Tim B e, Vice -Chair