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HomeMy WebLinkAbout05/01/2019 MinutesCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 1, 2019 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, Paul Scanlan and David Schindler. Members Absent: 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 Burke moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 6 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, approving the minutes of the meeting of March 6, 2019. Ayes - 6 - Nays - 0. 4. PUBLIC HEARINGS A. Planned Development No. 703 Zoning Amendments — PC19-06-Z Chair Melander opened the public hearing at 7:02 p.m. City Planner Tom Lovelace stated Emperor Avenue Realty, LLC is requesting an amendment to Planned Development Ordinance No. 703 to allow a Class III restaurant to have drive-through window service in zone 6 of the Cobblestone Lake planned development. The applicant is currently constructing an 8,148 -sq. ft. multi -tenant retail building on a 1.26 -acre lot located in the southeast corner of 157th Street West and Emperor Avenue. The building includes a drive-through window for a future restaurant at the north end of the building. The drive-through lane wraps around the east and north sides of the building. At the time of the approval of site plan/building permit authorization on November 9, 2017, the applicant also received approval of a zoning amendment to allow for a second drive-through window in conjunction with a Class II restaurant in zone 6 of the planned development. They are CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 1, 2019 Page 2 of 9 now asking that the City consider further amending the ordinance to allow for a Class III restaurant, in particular a coffee shop, with drive-through window service. This coffee shop would occupy the north end of the new building. No changes to their approved plans are being requested with the addition of a coffee shop. The property is zoned Planned Development No. 703/zone 6. Identified uses in zone 6 include a wide variety of retail, Class I, II, and III restaurants, professional offices, educational tutoring services, convenience stores, apartments, and continuum of care facilities. The City's "RB" (Retail Business) zoning district allows a Class I restaurant, and Class III restaurant without a drive-through window, as permitted uses. A Class II restaurant is a conditional use in this zoning district. During the review of the zoning amendments and site plan/building permit authorization requests in 2017, concerns were raised regarding the impacts that an additional drive-through window would have on traffic in and around the proposed development. Because of this concern, the applicant was asked to do a traffic analysis and provide the findings to the City for review. A traffic memorandum was prepared by the applicant and reviewed by the City's traffic consultant. The memo also provided additional data in their review that included future development on the lot adjacent to the south. They concluded that the intersections adjacent and near the proposed subdivision would have acceptable levels of service. They did indicate that if traffic to and from Pilot Knob Road were to back up on 158th Street West, consideration should be given to modifying the Emperor Avenue/158th Street West intersection from a full to a three-quarter or right in/right out intersection. Staff had no signification issues with their consultant's findings. Staff has requested that the applicant submit a revised traffic memo that reflects the change in restaurant use from a Class II to a Class III coffee shop. Staff will not make any recommendation until they had time to review and comment on any proposed traffic changes resulting from a Class III restaurant with drive-through window service. Chair Melander asked for clarification that the analysis was for the impact of a Class II versus a Class III restaurant in terms of traffic, noise, lighting and such. Mr. Lovelace said the City just received the traffic analysis yesterday and staff has not had a change to look at it. He said they will be looking at the distribution of the impact of the traffic next to the intersections, particularly 157th Street and Emperor Ave, 158th Street and Cobblestone Lake Parkway, the roundabout area and 157th Street and Pilot Knob Road. Peak times are different with a coffee shop compared to a typical Class II restaurant which is your fast food restaurant to see how that impacts the traffic flow inside and outside this development. Commissioner Diekmann, referring to a retail business zone, asked if a restaurant is located within a 1,000 feet of a residential area and they limit the hours of operation, what does the City typically limit those hours to and asked if there were any residents within 1,000 feet of this location. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 1, 2019 Page 3 of 9 Mr. Lovelace answered there is residential directly to the south that is closer than 1,000 feet and that the City could restrict the hours if there was a concern of adverse impact. The City could restrict the hours to be 6:00 a.m. to 11:00 p.m. He said the property to the east is continuum care with a lot of independent living units for seniors and is still within 1,000 feet. The City would have to see if there is an impact. Commissioner Diekmann said he did not want to infer that it was not compatible but just wanted to understand what was previously done if less than a 1,000 feet. Commissioner Scanlan asked if we allow this change to a Class III restaurant in Zone 6 that would allow any of the retail space within Zone 6 to offer this. Mr. Lovelace replied yes. Commissioner Scanlan added that also offers the potential for requesting a Type I ventilation hood if they choose for grease, smoke and so forth, like as a McDonalds. Mr. Lovelace said yes in a Class II but it was not addressed in their request but the City could include that in any part of their condition if the City approves a Class III restaurant. Commissioner Scanlan said with the residential area so close, his concern is that they still have two open lots that are still left. Mr. Lovelace replied yes there are two open lots and that the intent could be for another medical building. He added there already is a drive-through for two. He said if one closes then another could be taken up. Commissioner Scanlan asked if we have an option for a conditional use or do we restrict this to this restaurant. Mr. Lovelace said we have it as a permitted use subject to conditions. This is a planned development and we can add conditions within that permitted use that put further restrictions on where it can be located. Commissioner Alwin asked for clarification of the way the zoning is written in all of Zone 6 that only two drive-throughs are allowed and that the request is not to expand the number. Mr. Lovelace answered correct. There is one existing and we have approved one on this piece of property. Ben Krsnak, Hempel Companies, clarified Class II restaurant as fast food and Class III as a coffee shop. He said a Class III is permitted in this zone 6 for a coffee shop but not to use the drive- through and for a coffee shop to really be successful very few open without a drive-through. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 1, 2019 Page 4 of 9 Commissioner Scanlan asked if there was a concern for the hours of operation if the hours are less than 6:00 a.m. Mr. Krsnak replied yes and that coffee shops thrive really in the morning. He said their main time is probably 6:30 a.m. to 9:30 a.m. when they are most busy. He added that a Class III restaurant can open at 6:00 a.m. and that is established by City Code. Commissioner Scanlan commented that we need to take into consideration all the residential that is near the drive-through. He added the other concern with the drive-through is the menu board and speaker directly across from Orchard Path and the other senior living close by that could be affected by the hours of operation. Mr. Krsnak said coffee shops are pretty well studied and there already are vehicles on the road and people are on their way to work. They want to be where the vehicles already are. Commissioner Scanlan said we need to take into consideration the established residents that are there. Mr. Krsnak referred to the landscaping design and said in addition to the landscaping on the east side, they are open to looking at a short fence to obstruct noise. Chair Melander asked for clarification that this location was already approved for a drive-through. Mr. Lovelace answered yes. Commissioner Scanlan said he understands that but he was only questioning the hours of operation originally approved. Chair Melander said then the study should address some of this for next time. Mr. Lovelace added that the greater impact would be to the residential to the south and added that Mr. Krsnak should have a second building in there soon to provide some screening and to block noise with some additional landscaping. That should be taken into consideration. Commissioner Alwin said he would like to see the traffic study. He agreed with no exhaust then and no food smell with Class II versus Class III. Reid Peterson, 15730 Emperor Avenue, tenant next door to proposed building, said he operates a fitness location and they open at 5:00 a.m. He added it is nice just to have a common area for people to go to is a big deal and for him, he will just walk next door. He commented that as a business owner he is excited to see this pop. Chair Melander closed the public hearing at 7:29 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 1, 2019 Page 5 of 9 B. Cider Ridge Marketplace/Hope Alliance 2nd Addition — PC19-05-PZSCB Chair Melander opened the public hearing at 7:30 p.m. Planner Kathy Bodmer stated the applicant wishes to subdivide a 31,002 sq. ft. parcel from the 7.2 - acre Hope Church property to construct a 7,130 sq. ft. multi -tenant building along Cedar Avenue. The building would be located on the west side of the Hope Church property at 7477 - 145th Street West. The petitioner is requesting consideration of the following actions: 1. Comprehensive Plan Amendment from "INS" (Institutional) to "C" (Commercial). 2. Rezoning from "P" (Institutional) to "PD" (Planned Development). 3. Subdivision by Preliminary Plat to subdivide the existing 7.2 -acre lot to create a 31,002 sq. ft. (0.7 -acre) lot for commercial development. 4. Conditional Use Permit (CUP) for bank teller drive-thru operation. 5. Site Plan Review/Building Permit Authorization for construction of a 7,130 sq. ft. multi - tenant building. Residential properties abut the Hope Church property on the north and east sides of the property. On the south, the property abuts 145th Street W. and south of that is the Dalseth Dental Clinic. The west side of the property is bounded by Cedar Avenue. A large 75' wide pipeline easement bisects the property at an angle and restricts development and redevelopment of the property. She stated the City Engineer reviewed the plans and he noted that the retaining walls on the south side of the building are currently shown over public utilities. The petitioner will either need to move the walls or move the utilities. Traffic was reviewed and traffic issue have been addressed with the current uses proposed. Storm water must be managed on the newly created lot, Lot 2. The storm water facilities shown on the plans provide no stormwater infiltration for the newly created lot. She said auto -turn drawings are needed to confirm circulation of emergency vehicles through the site. A hydrant coverage map will also be required. A lighting plan is needed to confirm light levels along the north property line and street right-of-ways. Chair Melander, referring to a diagram, asked for clarification that the land between the two purple lines is pipeline easement and that no structure is allowed in that easement but a parking lot is allowed. Ms. Bodmer answered that is correct. Commissioner Scanlan inquired if the sole entry and exit would stay the same. Ms. Bodmer answered yes. Commissioner Scanlan said it seems awkward when you drive in especially when getting access to the drive-through lane. He said that is not intuitive and wondered if there was a better arrangement. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 1, 2019 Page 6 of 9 City Engineer Brandon Anderson said they could evaluate the middle of the site with landscaping and internal circulation is important. Commissioner Scanlan said with these kinds of parking lots he finds people do not follow the normal pathway and are cutting through parking spaces and you have to be wary of that. He said his other comment was with working within the 20 percent or is there additional property that needs to be brought into the mix to allow for that to fall into the right percentage. Commissioner Alwin asked if there was a right turn lane on Cedar Avenue to go east on 145th Street. He was concerned about stacking on 145th Street if people were just confused and this entrance into the site is not a controlled intersection. He said the allowed uses could have a big impact on the traffic. Ms. Bodmer clarified that yes there is a right turn lane from Cedar Avenue onto 145th Street and it is a controlled intersection at that location but there is not a controlled intersection at the entrance to the site. Commissioner Scanlan inquired what the lighting plan was like and stated it is close to residential and could there be a 3-D lighting plan supplied to address any concerns anyone would have. Chair Melander asked about the mature spruce trees on the property and asked if they are short lived. Ms. Bodmer replied that she could check with Natural Resources on that. Chair Melander said if this was to move forward they might have to limit the uses to avoid high traffic area that would impact the neighbors. He asked for clarification that Hope Church initiated the contact with Hempel Companies. Ms. Bodmer answered yes and that Pastor Bubna was present in the audience and he agreed. Community Development Director Bruce Nordquist commented that the northwest corner has a fence and inquired on the quality of that fence. Ms. Bodmer said that a six-foot privacy fence is shown along the north line to help provide screening. The details in terms of maintenance free have not been solidified yet and generally the City has required the maintenance free fencing. Mr. Nordquist commented he sees the fence on church property but is a developer improvement because the trees would be removed for revised church parking. Ms. Bodmer said she is not sure of the specific arrangements but assumes it is a developer cost. Mr. Nordquist asked for a history on drive-throughs in the City and how much staking is allowed. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 1, 2019 Page 7 of 9 Ms. Bodmer said drive-through lanes in the past have allowed for the stacking of 13 vehicles at a drive-through for a coffee shop but staff is comfortable with less stacking for a bank. Commissioner Schindler said he sees a lot of things with this and asked if it is the idea that everything needs to be on this site. Ms. Bodmer answered yes, most of it. Commissioner Schindler said he understands that parking they can have a cross access easement but he does not see how this is possible to accomplish all that and he has been surprised before. He said it works for a bank. He said it is a lot to have on the church property and that there is a tricky intersection especially during rush hour. He said as it stands now he would not be in support. He does not know how they are going to get all that onto the site and how they are going to do it. Ben Krsnak, Hempel Companies, said he worked with the church on the concept of the parking lot that sits empty most of the time. He said in terms of the drive-through plans are for a bank and they acknowledge that it would not work for a coffee shop. He added that they would have the same snowplow driver as the church. The ponds would go to underground retention and on the south side of the property they would use the building as the retaining wall. They have done that on other sites before. They would pull the drive-through out of the drainage and utility easement. They may go to public art in lieu of landscaping. Commissioner Alwin inquired about the sidewalk connections to Cedar Avenue and thought what is shown does not flow. He does not think anybody will use the sidewalk that is shown because a person would have to walk through the entire parking lot to get to the connection on the north end. Mr. Krsnak said they have a different connection on their revised plans. City Attorney Sharon Hills commented that the reference to public art is really considered private hardscape. They can get credit for their private hardscape. Mr. Krsnak said he can provide the traffic study for the next meeting. Commissioner Scanlan commented that the building coverage is 3 percent over the maximum and how can it be brought into compliance. Mr. Krsnak replied that they can work with the church to move the lot line if needed so they would both be in compliance then. Jon Steinmetz, 14437 Gladiola Court, asked if the proposed business would operate Monday through Friday only, with no business on the weekends. He inquired of the height of the roof and the angle of the roof. Said they can see the traffic lights now. He had concern for the noise level in the morning and late at night. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 1, 2019 Page 8 of 9 Lori Mestenhauser, 7378 — 143rd Street Ct. W., said she can stand on her deck and see three banks and asked why we need another bank. She said the drive -ups are open all night long. People play music from their cars. She asked what kind of line are they going to have for protection. She said she believes the trees belong to their association and they paid to have them trimmed. She was concerned for the trees and asked if they would be compensated for them. Ms. Bodmer stated that after review it was clear that the trees are on the church property. The berm that is there belongs to the townhome association. The property line falls in between. They will have that stacked. Ms. Mestenhauser said they were told the trees belonged to the association and they had them trimmed. Rob Radcliffe, 14424 Gladiola Court, commented the City came in and dumped a whole lot of water in their area when they put in a sewage thing or back up water. He had concern for the neighborhood looking at lights the whole time. He asked what bank was planning to come in. How do you know what traffic is coming in there if you do not know the businesses. He had concerns for his property value. Chair Melander commented the Planning Commission cannot think of financial property values. That is more at the next level for City Council. Commissioner Scanlan said there were quite a few comments from the residents with concerns on the trees that are going to be removed and that there is a minimum amount of landscaping they have to do that has not been finalized yet. Chair Melander closed the public hearing at 8:20 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, May 15, 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. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 1, 2019 Page 9 of 9 MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan to adjourn the meeting at 8:25 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, Jo fi Murphy, Planning'bep r'mens Assistant A rove by he Apple Valley Planning Commissi on 5 19