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HomeMy WebLinkAbout05/15/2019 MinutesCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 15, 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, 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, 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 Burke moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of May 1, 2019. Ayes - 6 - Nays - 0. 4. PUBLIC HEARINGS A. Jardin (har-DEEN) Academy Daycare/Jardin Addition — PC19-08-SCBF Chair Melander opened the public hearing at 7:01 p.m. Planner Kathy Bodmer stated the petitioners, including the applicant, Frauenshuh Commercial Real Estate, and the property owner, Kilber Investments, LLC, request consideration of actions that would allow them to split the 1.86 -acre parcel at 14605 Glazier Ave to create a new lot for a two- story daycare building. The land use actions requested include a subdivision by preliminary plat to split the lot, conditional use permit (CUP) for a daycare facility in the "LB" (Limited Business) zone, and site plan review/building permit authorization to construct a 12,200 sq. ft. daycare facility. The subject parcel at 14605 Glazier Ave, abuts the Glazier Townhomes to the south and Valley South, a single family subdivision, to the east. The property was initially developed in 1990 with the building and parking lot placed on the north half of the lot to allow for additional development in the future. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 15, 2019 Page 2 of 8 The property is currently zoned "LB" (Limited Business) which lists a daycare facility as a conditional use in the zoning district. A conditional use is a use allowed in a zoning district by conditional use permit upon which the City Council may place reasonable conditions to offset possible impacts caused by the use. The petitioners would like to establish an outdoor play area on the west side of the building which will place the building between the play area and the properties to the east and should help to act as a screen. A screening fence will be needed to help to provide screening of the noise and activities from the townhome properties to the south. The site plan shows that the building will be placed on the west side of the site with the parking lot to the east. The plans show that one access drive would be installed to serve the new daycare site. The front entrance to the building will be on the north side of the building which will be served by a sidewalk that extends from the parking lot, to the building, then extends west to connect to Cedar Ave. An auto -turn drawing will be required to demonstrate how emergency, delivery and service vehicles will be able to circulate within the site. Two outdoor play areas are shown on the west side of the building between the building and Cedar Ave. The play area is proposed to be secured with a prefinished metal "picket" type fence. Ms. Bodmer said three on-site storm water infiltration basins are shown on the site to help filter and infiltrate storm water. Water and sanitary sewer services are available to the site from Glazier Ave. Storm sewer is not readily available. The petitioner proposes providing all stormwater drainage on- site, but is showing outflow onto the Glazier Ave curb and gutter. She said the City Engineer states that the proposed drainage system does not meet City requirements and that he will work with the petitioner's engineer to address the need to connect to City storm sewer for overflow needs. Commissioner Scanlan commented with the concern use of the parking lot and asked if we would be better to look at having inground water run-off holding to give move flexibility to the parking and give more options too for screening from the residential zones versus trying to have these holding areas and then trying to make all this work in this tight space. Ms. Bodmer replied that the petitioner could respond to that concern as the underground is considered a structure and there is an expense to that. She added that the petitioner is trying to set up the drainage so that the site is able to infiltrate all its stormwater. Commissioner Burke asked if there would be any change in the tree planting by adding a fence on the south property line. Ms. Bodmer answered no and that it provides more room for the trees and that is a benefit that way. Anette Haaner-Roman, Jardin, said they are very excited to be working on this project and they believe this building will fully compliment the surrounding uses and the Apple Valley community at large. She said it is welcoming and is a Spanish Immersion school on site. Commissioner Alwin asked how many cars would be parked there during a normal day for the staff. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 15, 2019 Page 3 of 8 Quinn Hutson, CNH Architects, answered that there are 10-12 cars associated with teachers. Commissioner Alwin asked if there were any events where all the families would be there at the same time such as holiday programs. Mr. Hutson replied not like at an elementary school. Commissioner Scanlan said he has concern with removing the center parking stalls that kind of gave some direction to the parking lot with the leaving and dropping off of the kids. Mr. Hutson said they are working with staff on that yet. He said he sees the point and other things come to mind that they could address that. Commissioner Kurtz referenced the townhomes to the south of the site and asked why the play area is not designed on the north side of the building rather than the west side. Mr. Hutson said there were some aspects of locating the stormwater ponds and the flow of where the students come out on the south side in a fenced area to access the play area. They never come out into an open area that is not controlled. They would not be able to achieve that if the students came out the north main entrance. Commissioner Kurtz asked why there could not be a fence put up there. Mr. Hutson replied not at the main entrance to the building. Commissioner Scanlan asked where they ended up with the number of parking spots after the redesign of the lot compared to what was first there. Mr. Hutson said they are meeting the minimum even with reductions and they continue to work with staff on that. He showed material samples of brick and textured materials and said 60 percent of the building is brick. Commissioner Scanlan asked if the accent orange toned color is painted or an anodized material and if it would need protection from fading and the long term viability of it. Mr. Hutson said it is actually an acrylic stucco finish, EFIS style, and is long term and holds up very well. Community Development Director Bruce Nordquist wanted to clarify Commissioner Kurtz's comment about placement of the play area in alignment to the townhomes to the south. The proposed building footprint closely approximates its neighbor to the north and so it almost puts the entire building forward of the townhome placement to the south. He asked Mr. Hutson that when the development is put on the north side of the building, you need to create a focal point whether it be color or height, otherwise people who visit this building cannot find the building or cannot find the front door. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 15, 2019 Page 4of8 Mr. Hutson said that is exactly why they position and design as they did. By putting the main entry on the north side it provides by making it a taller colorful element in comparison to the rest of the building. It draws your attention to that as your entry. If they had put it on the parking lot side people do not get that perspective as they are driving by as where to enter this building and find that identity. He added that is why they did look at that north side entry rather than facing all the activity to the east. Laura Bickford, 14620 Glazier Avenue, said her concerns include the increased traffic, the bright orange building and wondering what this would do to their property values. Kevin Bickford, 14620 Glazier Avenue, asked if there were any plans to work on the amount of traffic flow through the neighborhood because it would certainly increase the traffic along with the proposed strip mall a block north. Chair Melander said staff will analyze traffic and it should be in the report at the next meeting and said the traffic coming to the site would be spread out during the day. He explained the process and that the Planning Commission is a recommending body to the City Council where the final decision is made by them. He said the petitioner will work with staff. He added that the Planning Commission is limited on what they can do and are not involved in the economics but land use. Kevin Bickford asked if in the event there was increased traffic flow would there be permissible parking on the street and back up issues due to that. Ms. Bodmer answered that is something staff would have to look at. She added an overview was received but not completely reviewed yet but the overall sense is it should not be like a retail development or shopping center and that the site should have lower traffic than that. Mr. Bickford asked if in rezoning this lot would there be future issues with other developments coming in that are commercial rather just a daycare, or in 10 years could this turn into a McDonalds or a gas station. Chair Melander answered that we get all kinds of applications and they cannot guide who is going to apply or what kind of a use could potentially be there and if it is zoned commercial there is a wide range of things that you might like less than this. Ms. Bodmer added that the guidance on the property is commercial in the Comp Plan and zoning is limited business and that limits it to professional offices and is more restrictive. So under the current zoning a McDonalds could not go in there. Ms. Bickford said she had a concern for the location of the dumpster and that it was directly across the street from their house. She said trees could shield it and asked what residential buffering was. Ms. Bodmer explained what buffering was and said along the east line, which is the front of the lot, could be lower level shrubs that would help with the headlights and activity within the parking lot. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 15, 2019 Page 5 of 8 Mr. Bickford asked if there were any possible benefits to residential homeowners in the area. Ms. Bodmer replied that she would write that comment down. Ms. Bickford said they understand the benefit of the daycare in the community but their feelings are that there is so much open space in Apple Valley so why try to squeeze it into this nice little wooded lot right across the street from our house where our kids can play. Ms. Bickford inquired when construction would start. Chair Melander said it could be this summer once all the approvals are in. Mr. Bickford asked what the projected completion date would be. Mr. Hutson said the middle of winter like February or March. Commissioner Alwin asked Ms. Bodmer to make a note about construction and what the time and hours would be. Commissioner Scanlan asked about the traffic flow and when the peak times would be for kids being dropped off and picked up again. Mr. Hutson replied that the daycare would be opened from 7:00 a.m. to 6:00 p.m. with the drop off time usually for 1 1/2 hours in the morning and pick-up times would be middle of the afternoon until 6:00 p.m. Commissioner Scanlan asked about the neighbor and the trash enclosure and asked if it could be rotated to the south property line so the opening is facing to the north rather than the east. Mr. Hutson said the trash enclosure needs to be behind the building setback unlike the parking setback so it does not fit by the edge of the site because it would be out into the parking lot and it should blend right in with materials used for the building and the enclosure has metal doors. Cory Jensen, 7411 — 146th Way W., expressed concern about traffic at Cedar Ave and 145th Street W. because the stop light for the turn lane is so short there and he asked if they plan to address that. He said, as it is now, that only one or two cars can get through there and that could back up the traffic on Cedar Avenue. Ms. Bodmer said the comment is noted and staff will look into it. Chair Melander closed the public hearing at 7:41 p.m. 5. LAND USE/ACTION ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 15, 2019 Page 6 of 8 A. Planned Development No. 703 zoning Amendments — PC19-06-Z 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. Zone 6, which encompasses approximately 49 acres, is bounded by Pilot Knob Road to the west, 155th Street West to the north, Cobblestone Lake Parkway and Cobblestone Lake to the east, and the North Creek Greenway trail to the south. A little over half of zone 6 is occupied by the Orchard Path continuum - of -care facility (12 acres) and Target (17 acres). Two vacant parcels totaling 1.2 acres also exist within the zone. He said 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 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 their new building. No changes to their approved plans are being requested with the addition of a coffee shop. Commissioner Alwin asked for clarification that all of zone 6 is already approved for two drive- through windows. Mr. Lovelace said yes. Commissioner Scanlan expressed concern for the lack of landscaping along the east boundary to screen the drive-through from Orchard Path if there would be stacking concerns and the vehicle headlights would be directed toward Orchard Path. He added that there are two residential structures less than 1000 feet from this site. He was concerned that the start time would be at 6:00 a.m. and said starting at 7:00 a.m. would be a reasonable compromise. Commissioner Alwin commented that we may be trying to solve a problem that may not exist and that the applicant had already met the 21/2% requirement for landscaping. Chair Melander suggested staff could deal with the applicant if there would need to be more landscaping installed due to headlight concerns. MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, recommending approval of an ordinance amendment to allow for a Class III restaurant with drive- through window service as a permitted use, subject to the following conditions: CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 15, 2019 Page 7 of 8 • The restaurant shall be located within a multi -tenant building and shall not occupy more than 50% of the building and shall not exceed 2,500 square feet of floor area. • The drive-through window operation hours shall be confined to the hours of 6:00 a.m. to 11:00 p.m. daily. • The City Council shall find that any noise, headlights, traffic volume and emissions from idling vehicles resulting from the operation of the window does not negatively impact surrounding residential and institutional uses. • The drive-through lane shall not impede or conflict with vehicular, bicycle or pedestrian traffic circulation on the site, as determined by the City Traffic Engineer. • When a neighborhood restaurant is located less than 1,000 feet from residential or institutional use, the City Council may restrict the hours of operation of a drive-through window to mitigate any adverse impacts caused by noise, headlights, traffic volume and emissions from idling vehicles. • The restaurant shall not serve foods that requires the installation of a Type I ventilation hood, grease and smoke removing, as defined in the Uniform Mechanical Code. • The applicant shall work with City staff to determine if there is any impact from light display on the southeast corner. Ayes - 5 - Nays — 1 (Scanlan). 6. OTHER BUSINESS A. Ulrich Property Redevelopment Sketch Plan City Planner Tom Lovelace stated no official action is needed. The developer wishes to receive feedback concerning the proposed project. 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 United Properties has submitted sketch plans for property located at the northeast corner of Pilot Knob Road (CSAH 31) and McAndrews Road (CSAH 38). They are proposing a four- story/96-unit Applewood Pointe senior cooperative and 12 townhomes. The senior cooperative would be a for sale product with average home sizes of 1,550 sq. ft. He added the developer has not indicated if the townhomes will be marketed to seniors or the general public. The site is adjacent to the Valleywood Golf Course to the north and east, single- family residential to the south, and Lebanon Hills Regional Park/Camp Sacajawea to the west. The 10.93 -acre property is currently guided "MIX" (Mixed Use) and zoned "M -6A" (Multi - Family Residential/6-12 units per acre), which allows for 6-12 units per acre. Approximately 1.93 acres of the site is right-of-way for the two county roads. That leaves approximately nine acres of developable land. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 15,2019 Page 8 of 8 Current access to the property is via a driveway off Pilot Knob Road. The sketch plan shows future access from both Pilot Knob Road and McAndrews Road. The two roads are under the jurisdiction of Dakota County and the proposed plan has been reviewed by its Plat Commission. He said Dakota County indicates that providing the desired access to the site from the adjacent county roads will be a challenge. The property is currently unplatted. Subdivision of the property will be required to create lots of record for the proposed buildings. This will also require the dedication of 75 feet of right-of-way for both of the county roads. The internal roadway will likely be private. A pond is proposed at the southwest corner of the site. This pond will be used for collecting storm water generated from this property as well as an amenity for the development project. The site plan shows trails and sidewalks adjacent to the ponding area, behind the senior co-op building and along both sides of the internal street. They show these pedestrian elements making connections to future trails along Pilot Knob Road and McAndrews Road. Discussion led to access concerns from McAndrews Road and Pilot Knob Road. as well as, a lot o put on a small area in terms of density. The Commission was open to a 4 -story design. Mark Nelson, United Properties, provided additional information. B. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next regular Planning Commission meeting would take place Wednesday, June 5, 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 Schlinder moved. seconded by Commissioner Burke to adjourn the meeting at 9:05 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, L Joan 1urphy. Planning Dep men ssistant Approve by Apple Valley Planning Commissi on ‘7,