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HomeMy WebLinkAbout12/19/2018 MinutesCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES DECEMBER 19, 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, Paul Scanlan and David Schindler. Members Absent: Keith Diekmann. Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, Community Development Director Bruce Nordquist, 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 - 6 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, approving the minutes of the meeting of December 5, 2018. Ayes - 5 - Nays - 0. Abstained — 1 (Scanlan) 4. PUBLIC HEARINGS A. TLM Realty Lot Subdivision — PC18-34-SF Chair Melander opened the public hearing at 7:02 p.m. Planner/Economic Development Specialist Alex Sharpe stated TLM Realty Holdings, LLC, is requesting approval of a preliminary and final plat to create a 22,690 sq. ft. lot in front of the Burlington Coat Factory and Aldi at the Apple Valley Square site. He said at this time the applicant is not seeking approval of a site plan and building permit authorization because a user has not been identified. This will require the project to be reviewed by the Planning Commission and City Council at a later date when the applicant has identified a user and the actual design and footprint of the proposed structure. This is not typical process for the City, however, is it permitted by code and has been reviewed by the City Attorney. He said another property owner, Regency Centers, has asked for the public hearing to remain open. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 19, 2018 Page 2 of 7 The site of the proposed lot is in the northeast corner of Lot 2, Block 1, Apple Valley Square 4th addition. This is directly north of the Arby's and east of the Burlington Coat Factory. The proposed building is 2,500 sq. ft. and is proposed to remain zoned "RB" retail business. The subject property is currently designated "C" (Commercial) on the 2030 Comprehensive Plan Land Use Map. 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. Examples of limitations to development include required parking, building setbacks, infiltration, site access, and lot coverage. The site is zoned "RB" Retail Business, which will determine the permitted and conditional uses for the proposed structure. The Retail Business zone is centrally located and serves to provide general retail sales in the community. As a user has not been identified, the proposed use will be evaluated if the subdivision is approved with an application for a site plan and building permit authorization. Commissioner Scanlan commented that this proposal is just kind of keeping with what we see as a trend here in other areas like, for example, Chick-fil-A across the street where a lot was created from the Cub Foods parking lot and made changes to that for commercial applications. Mr. Sharpe said there are other examples and there are some differences with this lot that are unique to the lot as each application is slightly different. The utilities were different on most of those other lots and became public and there are some additional unique pieces to it. He said staff is not prepared to say if this is a recommended action or not but it is in keeping with the spirit of those and why it is something that needs to be evaluated further. Commissioner Scanlan said if the applicant has not mentioned who are proposing to be building here and asked if it was something that will be disclosed at the next meeting or comes back to the Commission when it comes to the surface. Mr. Sharpe replied that the site plan/building permit would be an additional step that is required in this case and would be reviewed at another time. The preliminary plat to create an additional lot is all that is being evaluated at this time. We do not know the user or what the building would look like. It is atypical but permitted by code. Chair Melander asked for confirmation that there were no zoning issues or no setback issues and it appears to be a legitimate use and no conflicts with any of our codes. Mr. Sharpe answered there do not appear to be any zoning or setback issues necessarily but with the uses that are coming forward there may be some traffic issues. There may be some utilities issues. The landscaping is in the zoning chapter and there are some issues but zero percent landscaping is shown and right now there is inadequate space on the lot but that is something that needs to be evaluated and options looked at. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 19, 2018 Page 3 of 7 Commissioner Burke inquired if there was a limitation based on the parking and what could potentially go in there for a retail site. Mr. Sharpe said parking right now is based on the maximum of retail use. Restaurants or users with higher demand of parking could require a variance in the future. Commissioner Alwin commented the request is to just turn this into a lot and it is speculative to the size of the building and we would have to deal with setback and parking depending on the proposed use. Mr. Sharpe said that is correct and staff has been in discussions with the applicant since late 2016 to try to evaluate if this lot could be created. He added at staff advice, they created a spec type building so there could be something that could actually determine if the lot could be a viably created lot and try to find the maximum without coming into a variance as long as the lot can be served with utilities and traffic. Ryan Anderson, ISG representing the applicant as the engineer on the project, said they have been working on this with City staff for about 2 years. He said they do not have a user on the board and there are some difficulties with this, one being the neighboring property to the north that might come into effect on the private side of things, not necessarily a City issue. He said the owner wanted to work out on the front end so when the user is on board and comes in, it will be a fairly smooth and quick process for them. MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, holding the public hearing open until January 16, 2019 Ayes - 6 - Nays - 0. B. Time Square Shopping Center — Portillo's — PC18-35-SCGFB Chair Melander opened the public hearing at 7:17 p.m. Planner/Economic Development Specialist Alex Sharpe stated Interstate Development Corporation, on behalf of Time Square Shopping Center II, LLC, the property owner, has submitted an application for a final plat, site plan and building permit authorization, and a conditional use permit (CUP) to construct an 8,300 sq. ft. restaurant with a drive-through in the "RB" (Retail Business) zoning district. The property is located at the northwest corner of Cedar Ave and CSAH 42, and is known as Time Square. The proposed restaurant is Portillo's, a restaurant that serves Italian beef, burgers, and other American fair. The proposal includes the demolition of a portion of the southern Time Square building, retaining the western half, and the construction of a new restaurant to the east on its own lot. The applicant, Interstate Development Corporation has applied for the following actions: 1. Replat of the entire Time Square site, both the north and south parcels. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 19, 2018 Page 4 of 7 2. Site Plan and Building Permit authorization for a 8,300 sq. ft. Class III restaurant on Lot 3, Block 1, Levine Subdivision No. 3. 3. Site Plan and Building Permit authorization for the retained 9,700 sq. ft. retail structure on Lot 2, Block 1, Levine Subdivision No. 3 4. A setback variance for the existing southern building. 5. A Conditional Use Permit for a drive-through lane in connection with a Class III restaurant. 6. Vacation of a driveway access easement held by the City of Apple Valley that was intended to provide access to the City liquor store when it was located where Westwood Sports is currently. He said the petitioner is proposing to replat the existing parcels, shifting the lot lines to accommodate the new development, provide parking for each lot, and public street access to each lot. The existing property lines transect buildings, and create a land -locked parcel. The proposal will correct this, and will be required to provide each site with cross access and parking easements and agreements. A final plat diagram was not provided with the application materials and will be required before proceeding to City Council. Commissioner Burke said he remembered that the previous time this was reviewed the applicant was requesting an outdoor storage facility for the holiday. Mr. Sharpe said that has been removed from the plans and they found a way to service that from within the building. Commissioner Scanlan asked what the purpose was for the parking spots on the north side of the site plan where the exit of the drive-through was. Mr. Sharpe said it would be for a drop-off and pick-up area if an order was taking longer like a larger order and the customer would be directly to that area to wait. Commissioner Scanlan asked if that was two-way traffic at that location then. Mr. Sharpe answered yes it would be two-way traffic. Commissioner Scanlan asked if there was a concern of congestion there with people coming around that relatively sharp corner with the drive-through to have that type of parking there. Mr. Sharpe replied that it is something staff can evaluate further. The majority of the intent of those parking spaces is for the user to have already gone through the drive-through and use those spaces to pull ahead into them. He added since the parking spaces would be used for that purpose there would likely be signs directly them. Commissioner Scanlan asked about the existing building and if the entry to the drive-through is going to be going directly in front of that structure and said it appears that pedestrians would have access to that. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 19, 2018 Page 5 of 7 Mr. Sharpe answered yes they would and he described the traffic flow to the drive-through. Commissioner Scanlan commented that as he sees the traffic flow to the site using a different primary drive -up from 149th Street. Mr. Sharpe said that would need an additional study and that it would not be encouraged for pedestrians to cross in front of the drive-through lane. Commissioner Scanlan inquired if it would be better for drivers to have a direct lane to drive up to the drive -up lane. Mr. Sharpe replied that staff would like the applicant to study the traffic flow further. Commissioner Kurtz asked if this Portillo's would look different from the previous design. Mr. Sharpe answered that the prior design was from a prohibition era and this plan is for a diner style. Commissioner Kurtz asked about the two vacancies on the north side and if the two tenants on the south would have the opportunity to relocate to the north side to rill that up. Mr. Sharpe replied that would be a question for the property owner to answer. Lonnie Provencher, Interstate Development Corp., said he was available to answer any questions. Chair Melander commented that it looks like the drive-through lanes appear longer in length than previous plans. Peggy Hart, Portillo's, said the reason the drive-through lanes appear longer is that they would use one of the lanes as the by-pass lane and that the lanes are longer for queuing. She added the building would be the diner style. They try to build for the community and the style would be unique. Mr. Provencher said they have been in discussions now about relocating the tenants from the south building to the north building. Mark Matijasevich, 13688 Dunbar Way, commented he is excited for Portillo's to come to Apple Valley. He grew up going to Portello's in Chicago and said it is a great restaurant. They have unique food and are family friendly. He endorses it. Lori Udenberg, 7613 Whitney Drive, commented there already is an issue with traffic coming out of Time Square to get on to Cedar Avenue and to go east on County Road 42. She said there is going to be increased traffic and noise and that they (Portillo's) are not concerned about the residents but concerned about their bottom dollar. She said this would add to the problem and pedestrians could get hit because drivers do not stop at the stop signs. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 19, 2018 Page 6 of 7 Commissioner Alwin asked about the sidewalk connections out to Cedar Avenue and said this might help with some of the pedestrians trying to access Cedar Avenue. Mr. Sharpe replied they will be adding a sidewalk connection out to Cedar Avenue. Commissioner Scanlan inquired about connection points for public access from the north of the site to the south of the site for pedestrians and how that was to be managed. He asked if pedestrians would need to go out toward Cedar Avenue to the sidewalk there and then walk over versus through the parking lot. Mr. Sharpe answered that currently he does not believe there are north/south sidewalk connections planned for the site and that staff will need to evaluate that. Commissioner Scanlan asked if they could take a look at this for the next meeting and address some of the concerns that were presented here. Mr. Sharpe said the applicant is expecting to be on the agenda for the January 16, 2019, meeting and they should have some time to address these comments and concerns. Community Development Director Bruce Nordquist said the City Engineer would be talking about traffic on Cedar Ave and County Road 42 as well as improvements for pedestrians in the area. Chair Melander closed the public hearing at 7:53 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, January 9, 2019, 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 Schindler moved, seconded by Commissioner Scanlan to adjourn the meeting at 7:55 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 19, 2018 Page 7 of 7 Joa Ap on De�d zvcj b the pylel/u|l�� en ss stant �P ~'ng (,onocniux( c ander, Chair