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HomeMy WebLinkAbout12/05/2018 MinutesCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES DECEMBER 5, 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, Keith Diekmann, Jodi Kurtz and David Schindler. Members Absent: Paul Scanlan. 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. Chair Melander called for a moment of silence in memory of President George H. W. Bush, the 41' President of the United States, whose funeral was held earlier in the day. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the agenda. Ayes - 6 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the minutes of the meeting of October 3, 2018. Ayes - 6 - Nays - 0. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the 2019 Planning Commission regular meeting schedule. Ayes - 6 - Nays - 0. 4. PUBLIC HEARINGS A. Panera Bread — PC18-33-ZCB Chair Melander opened the public hearing at 7:02 p.m. City Planner Tom Lovelace said Panera Bread, LLC and Brixmor Southport Centre, LLC are requesting approval of a planned development ordinance amendment, conditional use permit and site plan/building permit authorization to allow for construction of a 4,820 -sq. ft. Class I restaurant with drive-through window service on an existing 1.28 -acre lot. The site is located at 15200 Cedar CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 5, 2018 Page 2 of 8 Avenue, in the Southport Centre retail development and is the current location of the Baker's Square restaurant. The site is located in zone 2 of Planned Development No. 244, which allows for Class I and II restaurants as permitted uses and drive-through window service in conjunction with a Class II restaurant as a conditional use. The applicant is requesting that the planned development ordinance be amended to allow for drive-through window service in conjunction with a Class I restaurant as a conditional use. Commissioner Alwin asked if the menu board and drive-through lane would allow only one drive through and one menu board. If a restaurant would want multiple lanes and menu boards would they be coming back for a variance. Mr. Lovelace said the current ordinance states one menu board per drive-through lane. The City has always been pretty particular about a pre -menu board because that has been more of an issue. The policy more recently in the last 5 - 7 years has been that we required there be a by-pass lane associated with these drive-through lanes. Discussions with the applicant revealed that about 25 percent of their business could be taking orders through the drive -up lane where other restaurants could be as much as 50 percent of their business. He said it is not necessary to have the by-pass lane with this proposal. Commissioner Diekmann asked for clarification that if the building to the north as a Class II restaurant has a drive-through lane as a permitted use and to the south is a pharmacy with a drive- through lane, why does the City restrict a Class I and not a Class II restaurant in this area. Mr. Lovelace explained it falls back to the definition related to a casual restaurant itself. The drive- through service and how it works at Walgreens is a condition use. He added he would like to clean up this planned development ordinance so we do not have problems now or in the future. Brent Massey, CEI Engineering representing the applicant Panera, said it is a replacement of a restaurant for a restaurant that would be adding a full-fledged drive-through compared to previous pie lane. They decreased the square footage of the restaurant slightly and decreased the impervious surface. He added that 25 percent of Panera's business would be going through the drive-through. Chair Melander commented that the north and west elevations of the building are pretty stark and normally the City would like to see things a little more dressed up especially right in the middle of downtown. He added the City has a four -side kind of policy on a lot of these buildings around the downtown area and suggested adding awnings, spandrel glass, stripes etc. without overburdening the cost of construction. He would like to see a sharper look on all four sides. Dick Hanson, 7108 Lower 170th Court W., Rosemount, Minnesota, inquired what the seating capacity was like and if there would be enough senior parking and disabled parking. He said Baker's Square is home to a huge number of seniors and he thinks this should be a huge consideration. He said he does not see enough handicapped parking on the site plan. He had concern for the routing through the site and not being able to see over the menu board, not being CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 5, 2018 Page 3 of 8 able to back up if cars are in line and how hazardous it could become by the dumpster area if snow removal is not completely done. He commented it could be a long way for a senior group to walk and that snow blows across the walkway. He asked how many handicapped parking spots there were besides the two he could identify on the site plan. City Attorney Sharon Hills answered that the number of handicapped parking spots is regulated by the building code. Commissioner Diekmann said he believes the entrance is on the southeast corner of the building and closest to all the parking. Chair Melander closed the public hearing at 7:26 p.m. B. The Shores — PC18-32-PZCSB Chair Melander opened the public hearing at 7:27 p.m. City Planner Tom Lovelace stated the applicant is requesting the following: 1. An amendment to the 2030 Comprehensive Plan Land Map re -designating approximately 2.5 acres from "LD" (Low Density Residential/ 2-6 units per acre) and 7.3 acres from "HD" (High Density Residential/12+ units per acre) to "MD" (Medium Density Residential/6-12 units per acre). 2. Rezoning of 9.8 acres of property from "SG" (Sand and Gravel) to "M-6" (Medium Density Residential/6-12 units per acre). 3. Subdivision of 78 acres into 101 residential townhome lots and twelve (12) outlots. 4. Conditional use permit to allow for townhome construction with exposed finish materials other than those provided under section 155.346 of the city code. 5. Site plan/building authorization to allow for construction of 101 townhome dwelling units on 9.8 acres. A conditional use permit (C.U.P.) has been approved for the "SG" zoned property within the proposed development, which allows sand and gravel mining. This proposal will end the ability of Fischer Sand and Aggregate, the current owner, to mine the property. Therefore, the owner will need to release the sand and gravel mining C.U.P. on the southwest 9.8 acres of the site. Staff will work with the developer and property owner with the amendment of the C.U.P. Mining operations will continue north of the proposed development, which could result in potential conflicts. This will need to be addressed through the zoning code regulations that establish setbacks between residential property and mining operations, operating hours, and screening. The proposed 9.8 -acre townhome development in the southwest corner of the overall site will require approval of the before -mentioned Comp Plan Land Use Map re -designation, rezoning, and conditional use permit. The remainder of the property will retain its current Comp Plan Map designation and zoning until development requests are brought before the City for consideration. Commissioner Burke asked if the second street in had no turnaround. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 5, 2018 Page 4of8 Mr. Lovelace answered that is correct and that the Fire Department reviewed the site and confirmed it was adequate for a fire truck to provide emergency service. Commissioner Kurtz asked for clarification if 1/3 of the buildings were stone. Mr. Lovelace replied that 1/3 of the buildings would have treatment in stone and would have upgraded elevations. Chair Melander referred back to the Regatta area and the complaints that came in with the active mining near there. He said this is bound to happen again with this development while marketing is going on and suggested it be clear for the buyers to know development is still going on for awhile in the neighborhood. He asked for a comparison related to the standards and durability rating for vinyl siding. Mr. Lovelace said he would have to ask the Building Inspection Department and then made comparisons to the Cobblestone Lake area in PD -703 where no vinyl siding is allowed because of the planned development restrictions. Paul Heuer, Pulte Homes, said this development is to be built around a sand and gravel mining area and feels this is an ideal location for townhomes. They made a few minor changes since the Sketch Plan Review six months earlier. The front of the townhomes, which are very attractive, face outward and no garages face outward. There is a variety of styles and different options to choose from. Townhomes can have a third car tandem garage. There will be a fire pit area and a gathering space. Commissioner Burke asked for a description of the variation of the units. Mr. Heuer, described the units and said they preset which options are in which units for variety including the color options so all units do not look alike. Commissioner Burke said it looks from the diagram that the driveway entry is in the southeast and asked how that was selected rather than the northwest off Johnny Cake Ridge Road. Mr. Heuer explained that for the first two years the southeast will be their only real access because this will be built in two phases. In the next phase, Johnny Cake Ridge Road goes on through. The southeast access will be near retail, parks and the park and ride locations. Chair Melander asked about guest parking. Mr. Heuer replied he never heard of problems with the guest parking in the neighborhoods they developed because they provide sufficient parking. He agreed that living in a townhome neighborhood and having a graduation party, parking can be more difficult than if you live in a single-family neighborhood with public streets where people can park half mile away down the street. He added people have to use their judgement. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 5, 2018 Page 5 of 8 Chair Melander inquired if the streets would be narrower than the standard width of City streets. Mr. Heuer answered yes. There will be private streets with no parking on the streets and the guest parking stalls are set up at key locations so people do not have to walk too far to any particular home. John Grosse, 6024 — 158th Court W., asked if these townhomes would be allowed to be rentals or if this is put in place by the ownership group. He feels 50 percent of homeowners could be a concern and he was looking for balance. He said townhomes in Cobblestone Lake are way too tall. He said the elevation of the land is slightly different from where he is at and it appears to slope slightly upwards and asked it that also would be built up like Regents Point and Quarry Ponds single-family homes. He asked if there would be a basement option where you do not have to go as tall and that could alleviate the 3 -story concerns. He said he would prefer a medium density housing option going forward opposed to high density apartments. He said low density would be awesome but probably not realistic. Chris Moldan, 6035 — 158th Court W., said he lives in the corner looking toward this development and was told that across from them would be single-family homes. Height of townhomes with high density is a concern to him. He said 157th Street sees more traffic and anything at that intersection would be a help. He asked how the school district would be impacted with changing of this density. Ryan Olson, 15781 Fair Hill Way, inquired from a marketing standpoint who they are aiming for their sales and what the price range would be. He was not interested in economy housing next to low density. Mr. Heuer responded to the questions asked and said that rentals would be allowed. A homeowners association (HOA) would be created upfront and all property owners would become part of that association. They would create a budget and hire a professional management company and let them manage things. After 75 percent of the homes are occupied by buyers, that is the time they would hand over management to the homeowners. They have a turnover meeting and let the homeowners decide if they want to continue with the rules that were set in place initially and if they want to continue with the management company that had been initially chosen. When they reach that meeting point after 75 percent of the properties have been occupied, they never hear of that rental issue. He had never heard of any issues anymore. He referred to the height of the townhomes at Cobblestone Lake and agreed that they can be seen and do stand out because they are at the top of a cliff. He said they will go with straight zoning with this application and meet the requirements of the roof lines and lower the building. That is how they will address the concern for the height. Related to the concern of grades, he said they will be following the same grades as those of 157th Street and Johnny Cake Ridge Road. There is not massive hill. This is a mine so they get to create the grades. They will not create steep grades in a townhome development to make it difficult. There is a reason to believe level grade throughout. Related to the values of the homes, he said the range would be $290,000 to $330,000. Related to the school district impact, he added school districts look at the City's and County's Comprehensive Plans and look at projections and plan CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 5, 2018 Page 6 of 8 accordingly. They look at what the surrounding areas are ultimately going to develop too and they plan accordingly. These same tools are used to plan for the traffic and roads in the area. Jill Arnett, 15716 Everglade Avenue, commented that during ball games people from Quarry Point Park park on their street and she asked if parking would be allowed on 157th Street W. She asked if people would be allowed to park in their neighborhood and walk across the street to get into this development. That would be her concern. Liza Robson, owner of the gravel mine, AVR and Rockport LLC, provided a history of the site and said this is approximately where her father's family farm started in the 1920s and they have been long term residents of the area. Her father and his brother started Fischer Construction Company and the previous gravel mine in the 1950s. Her father started Apple Valley Redi-Mix in 1967. Her father was very involved in the community. She said the Fischer family have been long term residents of the community and feel everything they have done and have tried to do with the utmost conscientiousness and team work with the City so they can be sure they build quality and pick the right partners to do this with. She said they feel Pulte is the right partnership for them and the City to do a quality development. Chair Melander closed the public hearing at 8:25 p.m. C. Hy -Vee Convenience Store Pennock — PC18-32-SCBVFG Chair Melander opened the public hearing at 8:27 p.m. Planner Kathy Bodmer stated the property owner, Java Capital Partners 7668 - 150th St LLC, and the petitioner, Hy -Vee Inc., request consideration of actions which would allow them to redevelop the Liberty Credit site to construct a 4,400 sq. ft. convenience store with motor fuel sales. The property is located on the southeast corner of County State Aid Highway 42 (CSAH 42) and Pennock Lane at 7668 - 150th Street W. The petitioners request consideration of a preliminary plat or replat, conditional use permit, variances, and site plan review/building permit authorization. The petitioners have applied for a vacation of approximately 2,600 sq. ft. of Pennock Lane right-of- way, which will be reviewed directly by the City Council. If the vacation is approved, the petitioners would like to combine the vacated parcel with the existing Lot 1, Block 1, Apple Valley Square 2nd Addition. Commissioner Kurtz asked if they would be scraping the site and if the speed bumps would remain. Ms. Bodmer answered that the speed bumps are actually within the parking lot and the redevelopment would just occur on the site where the Liberty building is. She said there would be no change to the speed bumps but it is an important thing that should be looked at. Chair Melander said it is a pretty tight site to meet the 21/2 percent landscaping requirement and asked if public art could be used. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 5, 2018 Page 7 of 8 Ms. Bodmer replied that landscape plan is intended to create an enhanced outdoor space and community space and that artwork would fall nicely under that. Commissioner Alwin recalled from a previous proposal on this site that there is a hefty elevation change between the Firestone parcel and this one and it looks like there is no cross access drive planned from this parcel to the Firestone. Ms. Bodmer said that is correct and the City would like to see the shared access between the two property owners and agreed that it was a problem with previous proposals. Phil Hoey, Director of Real Estate for Hy -Vee, said this site has a lot of challenges to accommodate this store. The store could fulfill an offering that is not supplied somewhere else in this area. He said the volume of traffic on Pennock Lane for convenience stores are designed to work. Commissioner Diekmann asked if all the basins on this property were infiltration basins. City Engineer Brandon Anderson answered they are actually storm water vaults and filtration basins which do not allow it into the soil. It filters water through a media and then through a storm sewer. Sheila Hisdahl, 815 Fireside Drive, spoke of the storm drain and asked where it was located. She remembered a big storm drain by HealthPartners and it drains into the pond at 153rd Street. She said the intersection of Pennock Lane and County Road 42 floods. She expressed concern for where the pipe drains are. She asked if it would it meet up with Jonathan. She expressed concern for the amount of traffic on Pennock Lane and if the plans were to make Pennock Lane wider. She also had concern for pumps and the long trucks turning into the site. Chair Melander closed the public hearing at 9:02 p.m. 5. LAND USE/ACTION ITEMS -NONE- 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, December 19, 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 December 5, 2018 Page 8 of 8 MOTION: Commissioner Schindler moved, seconded by Commissioner Diekmann to adjourn the meeting at 9:10 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, Jo. urphy, Planning Ilfepart nt Assistant Ap roved by t e Apple Valley Planning Com 'ss o on ig