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Home My WebLink About10/02/2019 Minutes CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES OCTOBER 2, 2019 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Vice-Chair Burke at 7:00 p.m. Members Present: Tim Burke, Keith Diekmann, Jodi Kurtz, Paul Scanlan and David Schindler. Members Absent: Tom Melander and Ken Alwin. Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Planner/Economic Development Specialist Alex Sharpe and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Vice-Chair Burke asked if there were any changes to the agenda. MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 5 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Diekmann moved, seconded by Commissioner Kurtz, approving the minutes of the meeting of September 18, 2019. Ayes - 5 - Nays - 0. 4. PUBLIC HEARINGS A. Pennock Center PC19-13-CVB Vice-Chair Burke continued the public hearing at 7:02 p.m. (Public hearing was opened at the September 4, 2019, Planning Commission meeting and continued) Planner/Economic Development Specialist Alex Sharpe stated the public hearing for the application from Java Capital Partners, LLC, property owner, remained open while staff and the applicant addressed concerns about the site plan. Minor site improvements were proposed after the applicant submitted civil drawings, which will be required to be updated prior to a final review by City Council. Staff is recommending the proposed actions as significant improvements have occurred since the initial Planning Commission review. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 2, 2019 Page 2 of 5 The application remains a 6,100 sq. ft. building with three tenants and a CUP for the drive through for a coffee user. The other two tenants have yet to be identified. The applicant noted in their application that they intended to lease to a nail salon and a quick service restaurant. Due to the size of the building, and the limited parking field, staff and the Planning Commission, expressed concerns on September 4, about the parking demand and the potential for the site to be unable to accommodate required parking. Working with the applicant, they have amended their application and stated that the quick service restaurant could become a retail tenant, which has a lower parking demand. With this new use, and the owner being aware of their tenant mix, staff feels the site can meet parking requirements. The site is constrained by size, shape, and a large utility easement for a public sewer. Due to these constraints staff is comfortable with the proposed setback variances, however, these variances may have impacts in the future as other sites in the area redevelop. He reviewed the new plans, fire vehicle operations and building elevations. Vice-Chair Burke asked if the setbacks are similar to what other buildings in the area have. Mr. Sharpe answered yes. Vice-Chair Burke thanked Mr. Sharpe for working with the applicant to come up with a new traffic plan. Commissioner Scanlan asked if there was any concern on the entry point. Mr. Sharpe responded that the angled parking gives drivers a clue. stnd Commissioner Kurtz asked if the 1 entrance was for the drive-through and the 2 entrance was for the parking. Mr. Sharpe said yes and that there would be striping and directional signage for the traffic flow. Community Development Director Bruce Nordquist commented he would like to see some wayfinding direction from the applicant before this goes to City Council. City Engineer Brandon Anderson said some additional one-way markings need to be made clear. Commissioner Schindler inquired what could be done to make traffic direction more clear. Mark Krogh, Java Companies, agreed it is a challenging site. He will work the City Engineer and they have a large budget for directional signage. Commissioner Schindler commented he is very pleased with the changes from the last design. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 2, 2019 Page 3 of 5 Vice-Chair Burke closed the public hearing at 7:20 p.m. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, recommending approval of a Conditional Use Permit for a drive-through in association with a Class III Restaurant on Lot 1, Block 1, Apple Valley Square 2nd Addition, subject to the following conditions: 1. Construction shall occur in conformance with the site plan dated September 26, 2019. 2. All signage associated with the drive-through window service shall adhere to Section 154.04 (J)(1)(2)(3)(4)(5) by separate review and approval. 3. Site uses shall comply with parking requirements. Potential uses may be limited by overall site parking requirements. Ayes - 5 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, recommending approval of a building setback variance on the north property line from 50' to 28' on Lot 1, Block 1, Apple Valley Square 2nd Addition, subject to the following conditions: 1. Construction shall occur in conformance with the site plan dated September 26, 2019. Ayes - 5 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, recommending approval of a parking setback variance on the north property line from 15' to 6' on Lot 1, Block 1, Apple Valley Square 2nd Addition, subject to the following conditions: 1. Construction shall occur in conformance with the site plan dated September 26, 2019. Ayes - 5 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, recommending approval of a parking setback variance on the west property line from 15' to 6.5' on Lot 1, Block 1, Apple Valley Square 2nd Addition, subject to the following conditions: 1. Construction shall occur in conformance with the site plan dated September 26, 2019. Ayes - 5 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, recommending approval of Site Plan/Building Permit authorization for an CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 2, 2019 Page 4 of 5 approximately 6,100 sq. ft. building on Lot 1, Block 1, Apple Valley Square 2nd Addition, subject to the following conditions: 1. Construction shall occur in conformance with the site plan dated September 26, 2019. 2. Building Elevations shall be required to meet the Apple Valley Downtown Design Guidelines, updated elevations shall be provided prior to review by City Council. 3. All necessary mechanical protrusions visible to the exterior shall be screened or handled in accordance with Section 155.346 (3)(a)(b) of the city code. 4. Construction shall occur in conformance with the landscape plan dated September 24, 2019; subject to minor revisions and submission of a detailed landscape planting price list for verification of the City's 2½% landscaping requirement at the time of building permit application. 5. Site grading shall occur in conformance with a Natural Resources Management Plan (NRMP) which shall include final grading plan to be submitted for review and approval by the City Engineer. 6. The infiltration basin and underground storm water infiltration system shall be constructed in conformance with the City standards and approval from the City Engineer. 7. The property owner shall execute a maintenance agreement or other suitable agreement to be filed with the deed that ensures the perpetual maintenance of the underground storm water infiltration system. 8. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 9. Subject to all conditions noted in the Building Official's memo dated August 27, 2019 and to all conditions noted in the City Engineer's memo dates September 26, 2019. 10. A separate application and signage plan in conformance with the sign regulations must be submitted to the City for review and approval prior to the erection of any signs. Ayes - 5 - Nays - 0. 5. LAND USE/ACTION ITEMS - NONE - 6. OTHER BUSINESS A. Apple Valley Golf Course Update Community Development Director Bruce Nordquist stated that on September 26, the City Council reviewed the Apple Valley Golf Course (AVGC) application and the Planning Commission's denial of high density (HD) and medium density (MD) designations. The Planning Commission acted on August 7, 2019. The City Council, by resolution, directed the Planning Commission to review a CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 2, 2019 Page 5 of 5 modified application from the applicant that removes HD designations from further evaluation. A public hearing is scheduled for October 16, 2019. 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, October 16, 2019, at 7:00 p.m. 7. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Vice -Chair Burke asked for a motion to adjourn. MOTION: Commissioner Schlinder moved, seconded by Commissioner Diekmann, to adjourn the meeting at 7:31 p.m. Ayes - 5 - Nays - 0. Respectfully Submitted, IL -A Alit J n Murphy, Mann' g De rtment Assistant Approved b • the pple Va ey Planning Commissi on /t'/ 6 /9 . Tom M ander, Chair