HomeMy WebLinkAbout03/21/20121. 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, and Keith Diekmann. Brian
Wasserman arrived at 7:01 p.m.
Members Absent: Paul Scanlan and David Schindler.
Staff Present: Community Development Director Bruce Nordquist, Associate City Planner Kathy
Bodmer, Associate City Planner Margaret Dykes, City Attorney Sharon Hills, Assistant City
Engineer David Bennett, 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 Diekmann, approving the
agenda. Ayes - 5 — Nays - 0.
3. APPROVAL OF MINUTES OF March 7, 2012.
Chair Melander asked if there were any changes to the minutes. Hearing none he called for a
motion.
MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the
minutes of the meeting of March 7, 2012, as written. Ayes - 4 — Nays — 0 —
Abstained — 1 (Alwin)
4. CONSENT ITEMS
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
MARCH 21, 2012
A. CrossFit Northstar C.U.P. — Consideration of conditional use permit for a commercial
exercise facility. (PC12-05-C)
MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending
approval a conditional use permit (CUP) at 14791 Energy Way for a 3,643 square
foot commercial recreational use in a "BP" (Business Park) zoning district, with the
following conditions:
1. The conditional use permit shall apply to property legally described as Lot 2,
Block 1, KNOB RIDGE 2nd Addition.
2. Such operations shall be conducted in conformance with the site plan received in
City offices January 13, 2012.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
March 21, 2012
Page 2 of 7
3. Such operations shall be conducted in conformance with the floor plan received in
City offices January 31, 2012.
4. The commercial recreational use shall be limited to 3,643 square feet.
5. Class sizes shall be limited to no more than 20 people, of which only one class
may take place at any given time.
6. The Conditional Use Permit may be revoked if the above conditions of this
Conditional Use Permit or any provision of the City Code are violated.
Ayes - 5 — Nays - 0.
5. PUBLIC HEARINGS
A. Seasonal Outdoor Volleyball Courts and Seating — Consideration of interim use permit for
seasonal outdoor volleyball courts and seating at Bogarts/Apple Place Bowl. (PC12-02-I)
Chair Melander opened the public hearing at 7:03 p.m.
Associate Planner Margaret Dykes presented the request of the applicant to install two outdoor
volleyball courts in the existing southern parking lot of Apple Place Bowl/Bogart's located at 14917
Garrett Avenue. The property is zoned for a mix of recreational, institutional, and general office
uses. The property owner has requested an Interim Use Permit, which is a permit granted by the
City for a temporary use that will end on a particular date. The Interim Use Permit will allow the
City to assess the impacts of the outdoor volleyball courts to determine if the zoning code should be
amended to allow them as a permanent use. If the courts do not adversely affect surrounding uses,
staff believes a Code amendment to allow outdoor recreational uses as a conditional use would be
appropriate. The property owner would need to request a zoning code amendment as well as a
conditional use permit.
The courts will be removed after September 1st and the courts would operate from 6 p.m. to 10:30
p.m. Sunday through Thursday, and some weekends when they will be used for open and
tournament play from 10 a.m. to 10 p.m. The applicant also wishes to install a temporary sundeck
and service bar that will be located on the north end of the courts.
A sketch plan was reviewed for this item in February, and the applicant addressed concerns raised
by the Planning Commission at that meeting relative to zoning and site issues.
Commissioner Diekmann asked what the length or sunset date would be for the Interim Use Permit.
Ms. Dykes answered it would be December 31, 2012 and the applicant would need to reapply if
they would want to go through the Interim Use process. This would give the City time to assess if
this should be allowed as a conditional use.
Chair Melander asked for anymore comments from the Commission or public. Hearing none he
closed the public hearing at 7:09 p.m. He stated though it is the policy of the Planning Commission
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
March 21, 2012
Page 3 of 7
not to act on an item the same night as its public hearing, the proposal can move forward since there
were no adverse comments received.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke, recommending
approval of an Interim Use Permit for seasonal outdoor volleyball courts, sundeck, and
service bar at Apple Place Bowl/Bogart's Nightclub, 14917 Garrett Ave., subject to all
applicable City codes and standards, and the following conditions:
1. The Interim Use Permit shall expire on December 31, 2012.
2. There shall be no more than two (2) outdoor volleyball courts measuring 45 x 80'
(3,600 sq. ft.) each located at the southwest corner of the building as shown on the
site plan received in City offices on February 21, 2012.
3. The 20' x 90' (1,800 sq. ft.) sundeck and 10'x20' (200 sq. ft.) service bar shall be
located north of the courts abutting the building as shown on the submitted site plan.
4. Not more than 24 parking spaces shall be removed for the outdoor volleyball courts
and sundecWservice bar.
5. The outdoor volleyball courts and sundeck/service bar shall be installed and operated
only from April 30 to September 1, 2012. All materials associated with the interim
use shall be removed from the parking lot and stored on site or removed from the site
after September 1, 2012.
6. The courts shall be in use only from 6 p.m. to 10:30 p.m. Sundays through
Thursdays, and 10 a.m. to 10 p.m. Fridays and Saturdays.
7. The property owner shall apply for and receive a building permit for the sundeck
prior to construction of the deck.
8. The property owner shall apply for and receive an amended liquor license for the
outdoor sale and consumption of beer prior to use of the sundeck and service bar.
9. The outdoor volleyball courts shall be fenced with a woven mesh netting not to
exceed 17' in height as measured from parking lot grade, and temporary lights shall
be mounted on perimeter poles. Said lights shall be arranged so as not to cause light
trespass at the property line, or cause glare onto adjacent roadways.
Ayes - 5 - Nays — 0.
6. LAND USE/ACTION ITEMS
A. Apple Valley Water Treatment Plant Expansion — Consideration of site plan
review/building permit authorization for 26,700 sq. ft. water treatment plant expansion and
7,100 sq. ft. wash bay addition. A consideration of variances from the 20% maximum building
coverage requirement to allow 20.8% coverage and the 20' drive aisle setback to allow a drive
aisle to be constructed five feet (5') from the right-of-way line of Flagstaff Avenue. (PC12-11-
VB)
Associate Planner Kathy Bodmer stated that the City of Apple Valley is requesting to expand the
Water Treatment Plant located at 6442 — 140th Street W. The City's existing water treatment plant
(WTP) was constructed in 1988 to remove iron and manganese from the drinking water. The
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
March 21, 2012
Page 4 of 7
demand for treated water is beginning to exceed the WTP's capacity, making it necessary to expand
the WTP. The City has hired an engineering firm to design an expansion that will meet the water
demand for the City's 2030 population projection.
In addition to increasing the treatment plant capacity, the WTP building will be modified to allow
for interior parking of utility vehicles and an exterior upgrade to improve the building's appearance
adjacent to Flagstaff Avenue.
A wash bay will be added which will allow for washing of vehicles. Vehicle maintenance to
prevent corrosion is especially important during winter plowing, salting and sanding operations.
Two variances are requested in connection with the project. The first is a building coverage
variance. The "P" (Institutional) zoning district has a maximum building coverage requirement of
20%. The proposed additions will exceed the maximum requirement with a total building coverage
of 20.8%. When asked whether the building additions could be reduced, the Public Works Director
stated that the City selected the site many years ago to consolidate all Public Works operations in
one location at the Central Maintenance Facility. The site has the important advantage of being
strategically located near the geographic center of the City. This allows the City to build an
efficiently designed water distribution system, with raw water being pumped from several
municipal wells to one central water treatment plant. Treated water is then distributed throughout
the entire community from the CMF site.
The central location also provides several advantages for staging snow plowing and other operations
from one location near the center of the City. The City Council was able to purchase only 19 acres
of available land at the current CMF site. The needed variance is a result of conditions unique to
the property and the City's growing demand for potable water and public infrastructure. Relocating
the Water Treatment Plant and all connecting water distribution components is not feasible. CMF
has a significant shortage of indoor storage for vehicles and equipment. The proposed additional
building space was determined to be the minimum space needed to resolve the storage challenge.
The second variance that is requested is a variance to the parking lot/drive aisle setback
requirement. The "P" (Institutional) district requires a minimum 20 setback; the City needs to
install a driveway out of the WTP which would be located five feet (5') from the right-of-way line
of Flagstaff Avenue. The encroachment is needed to allow utility vehicles to exit the east side of
the WTP and make the turning radius around the north side of the building. A practical difficulty
exists on the site because of a large pipeline easement that cuts through the middle of the CMF site.
The WTP building addition cannot be shifted to the west because of the location of the easement, so
a variance is needed to the Flagstaff Avenue right-of-way line.
Public Works Director Todd Blomstrom provided an overview of the Central Maintenance Facility.
He stated the City owns and operates a water utility to provide domestic potable water and fire
protection for the community. He stated the water is filtered to remove iron and manganese and has
the current total capacity of 16 million gallons per day. The original facility built in 1988 was
designed with expansion capability in mind to meet future water demand. Equipment storage and
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
March 21, 2012
Page 5 of 7
wash bay capability is necessary to extend the life of the equipment and prevent corrosion during
winter plowing, salting and sanding operations.
Commissioner Wasserman questioned the environmental side of the project addressing the wash bay
and if there will be a filter to take all the salt out so it does not go downstream. He asked about ISI
(Institute for Sustainable Infrastructure) and what the taxpayers are paying in order for the City to be
certified.
Mr. Blomstrom stated the amount of water flowing through the system is similar to a geo thermal
system. In the summer there is not much air conditioning required and in the winter they do not keep
the building very warm. In the context of the ISI certification, it is minimal additional costs but is
giving them goals to look at in their design elements.
Chris Larson, SEH engineering consultant, stated LEED is really designed for office buildings. ISI is
designed for projecting out 50 years and knowing they are designed from a civil engineering
standpoint for a design that will last another 50 years. He also agreed with Mr. Blomstrom that the
cost of being ISI certified is minimal compared to the grand scheme of this project. Some of the
components for sustainability are to have a lot of windows so there is a lot of natural light, some rain
gardens and impervious concrete. He feels ISI will give them credit for things they are already doing
such as using premium efficient motors and lighting controls. They are doing everything energy
efficient as possible while still pumping 24 million gallons of water daily.
Commissioner Alwin stated he believes this is a good plan to maximize the existing space for a
problematic piece of property that has a pipeline cutting through it.
Commissioner Diekmann questioned if there would be a need to ever expand the facility again due to
usage needs demanding more than the 24 million gallons per day.
Mr. Blomstrom said they are confident that the 24 million gallons per day projection would be the
ultimate water demand and if the demand would go higher he does not expect it to be a frequent
occurrence and could probably handle it with some bypass flow.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke, recommending
approval of the Site Plan Review/Building Permit Authorization for a 26,700 sq. ft.
Water Treatment Plant Expansion and 7,100 sq. ft. Wash Bay Expansion. Ayes - 5 -
Nays — O.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke, recommending
approval of a Variance from the maximum building coverage requirement of 20% in
the "P" (Institutional) zoning district to allow building coverage of 20.8% in
accordance with the attached plans based upon the following findings:
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
March 21, 2012
Page 6 of 7
a. The City's Central Maintenance Facility has a significant shortage of indoor
storage for vehicles and equipment.
b. The proposed additional space was determined to be the minimum space needed
to resolve the storage challenge.
c. The alternative of purchasing additional property to allow for a free standing
building on a site removed from CMF would be very costly and inefficient.
Ayes -5 - Nays — O.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke, recommending
approval of a Variance from the 20' minimum parking setback requirement from the
right-of-way line of Flagstaff Avenue to allow the drive aisle from the WTP to be
constructed five feet (5') from the right-of-way line based upon the following
findings
a. A large pipeline easement bisects the CMF property and prevents the City from
moving the building addition to the west.
b. The width of the driveway is needed to allow for the turning radius of the large
utility vehicles, which can be up to 40 long.
c. The City does not wish to construct a direct driveway access out to Flagstaff
Avenue to restrict access to the site and maintain site security.
d. The door location on the east provides the best alignment for vehicle flow and
maximizes the usable interior space available for parking.
e. In order to place the door on the north side of the building, the building would
need to be increased by approximately 25% which would result in the need for an
additional building coverage variance.
Ayes - 5 - Nays — O.
Chair Melander read the draft resolution.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, to recommend
approval of the draft resolution adopting the Water Treatment Plant Expansion and
Wash Bay Addition. Ayes - 5 - Nays —0.
7. OTHER BUSINESS
A. Review of upcoming schedule and other updates.
Community Development Director Bruce Nordquist stated that the next Planning Commission
meeting will take place Wednesday, April 4, 2012, at 7:00 p.m.
8. ADJOURNMENT
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
March 21, 2012
Page 7 of 7
Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander
asked for a motion to adjourn.
MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, to adjourn the
meeting at 7:46 p.m. Ayes - 5 - Nays - 0.
Respectfully Submitted,
ent Assistant
Jo a1 Murphy, Planning epart
Approved by the Apple Valley Planning Commission on