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HomeMy WebLinkAbout06/04/20141. CALL TO ORDER CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JUNE 4, 2014 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: Brian Wasserman Staff Present: City Attorney Sharon Hills, City Planner Tom Lovelace, Planner Kathy Bodmer, Planner Margaret Dykes, 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. Hearing none he called for a motion. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL OF MINUTES MAY 21, 2014. Chair Melander asked if there were any changes to the minutes. Hearing none he called for a motion. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of May 21, 2014. Ayes - 6 - Nays — 0. 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Caribou Coffee Drive-Thru Project — Public hearing to consider amendments to Planned Development No. 290, Zone 4, to allow drive-thru in connection with Class III Restaurant. (PC14-17-ZCB) LOCATION: 14638 Cedar Avenue PETITIONER: Caribou Coffee Company Chair Melander opened the public hearing at 7:02 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 4, 2014 Page 2 of 11 Planner Kathy Bodmer stated Caribou Coffee is located in the Cedar Marketplace development at 14638 Cedar Avenue. The property is zoned PD -290, Zone 4 which prohibits a drive-thru in connection with a restaurant facility. Caribou is requesting an amendment to the PD zoning district to allow a drive-thru in connection with a Class III Restaurant (Neighborhood Coffee House, Sandwich Shop, Delicatessen, etc.). The Glazier Townhomes immediately abut Caribou Coffee to the north. When the PD sub-district was created in 1999, there was a concern that a drive-thru window in connection with a restaurant could negatively impact the Glazier Townhome development to the north. As a result, the zoning specifically prohibits drive-thrus for restaurants. Caribou proposes to construct the drive-thru on the west side of their building. A total of eight parking spaces would be removed along with the remnants of the former driveway access that was cut off as part of Cedar Avenue reconstruction proj ect. Vehicles would enter the west drive-thru lane, drive north and then circulate clockwise around the loop so that they end up southbound on the west side of the Caribou building. Once in the lane, there is no by-pass lane provided. A 10 tall masonry wall is proposed to be constructed along the north property line to provide screening between the drive-thru and the townhomes to the north. The masonry wall, in addition to an extensive landscape planting area, are intended to help absorb noise and block headlights. The interior of the restaurant would be remodeled to move the service counter from the east side of the restaurant to provide window service from the west side of the building. She stated the petitioner hired as a noise consultant to study how noise from the drive-thru might impact the townhouses to the north. She reported the noise consultant's findings, reviewed hours of operation and identified the importance for bicycle and pedestrian access. She provided conditions that must be met in order to obtain a CUP for drive -thru in connection with a Class III Restaurant in the RB zone. If the City were to approve a zoning amendment to allow a drive-thru window, requirements should be included in the amendment. Commission Alwin requested clarification that the bus station on Cedar Avenue is intended as a neighborhood walk-up and not a park and ride. Ms. Bodmer answered that is correct. It is expected in future that there could be a skyway constructed and that it is expected to remain a walk-up station. Commission Alwin commented that he believes the mall area there already has signs that disclose no transit parking or drop-off. He wondered where the pedestrian traffic would be going to and coming from. He thought they might already be on Cedar Avenue. He thought it would be to Caribou's benefit if there was pedestrian access provided. Ms. Bodmer commented there may already be some kind of natural spin-off between Caribou and the transit stop. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 4, 2014 Page 3 of 11 Commission Scanlan, referring to the transit area, asked if the landscaping would be enough to prevent shortcuts to the drive-up area and not walk to the pedestrian crossing. Ms. Bodmer commented that the island if pretty well landscaped and thinks it would be difficult for a cut-thru. Commission Scanlan inquired if there would be a landscape maintenance plan in place for the future. Ms. Bodmer answered that the applicant would have to come back for a site plan review building permit authorization and in the resolution that approves the project, there are specific requirements that the owner has to comply with the plan. If plantings die off, the owner would need to replace them. There is a requirement to stay consistent with the approved plan. Commission Scanlan asked if there were any other locations that Caribou is doing like this type of drive-up and suggested that staff could take a look at them. He asked Ms. Bodmer if she knew the pedestrian numbers that would be using the crosswalk area. Ms. Bodmer answered no. She did not know the numbers. She said the concern was re-establishing a link that was lost. Commissioner Diekmann commented that he has driven by this Caribou in the morning hours and saw a truck unloading product to the back of the store. He asked how the operation would be affected by this. Would they come in from the other end of the building. He inquired if delivery would use this drive-thru as part of their operations. Ms. Bodmer said the applicant would have to answer that question. Commissioner Diekmann commented that years ago there was another situation at 140th Street and Pilot Knob Road where they looked at a drive-thru in that area and he believes they approved that. Ms. Bodmer answered yes. Commissioner Diekmann said that seems to be similar and did not remember if that was a Planned Development or not. He suggested that should be reviewed to see what restrictions were put on that operation. Ms. Bodmer said that led to the zoning amendment that gave us those performance criteria. She would look to see those specific conditions. Jerry Roper, Caribou Coffee, sited other Caribou locations and commented that sound studies were taken at the one in Brooklyn Park as well as Apple Valley. He said truck deliveries are typically brought through the front door. He is not aware of any deliveries through the back doors. Once they develop this Caribou, truck deliveries would need to be through the front door and commented it is actually a security reason why they do that. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 4, 2014 Page 4 of 11 Commissioner Diekmann questioned if they would be fully remodeling this store to make room for this drive-thru. Mr. Roper answered that the plan at this time is pretty much gutting the inside because they would need to flip the design for the service line to be on the exterior wall. Bathrooms and storage room would be kept intact. Commissioner Scanlan asked what their delivery times are at this location. Mr. Roper answered they vary and most likely would be after 1:00 p.m. Their busiest times are early morning to 11:00 or noon. They will try to schedule deliveries around their peak times. Chair Melander commented he would have expected someone from the townhomes if there was a problem for them. He questioned if they were notified. Ms. Bodmer answered yes they were notified. She stated the City had met with the people from the townhomes and reviewed the plans with them and identified some issues. Caribou has been working with that so they may feel like their concerns have been addressed. Chair Melander said it seems to him that a 10' fence is not intrusive for this site if it helps to block light and noise. Chair Melander closed the public hearing at 7:22 p.m. B. MVTA Layover Project — Public hearing to consider a proposed subdivision by preliminary plat of 10-acre site into two (2) lots; zoning amendments to allow for a bus layover facility; rezoning of property from PD-507, zone 7b to zone 7a; interim use permit for approximately 231-space parking lot; and site plan review/building permit authorization for layover facility with approximately 600 sq. ft. building. (PC14-15-ZSIB) LOCATION: 155th Street West and Cedar Ave PETITIONER: MVTA Chair Melander opened the public hearing at 7:23 p.m. Planner Margaret Dykes reviewed the applicant's request of the following actions: • Zoning amendments to PD-507, zone 7a to allow for a bus layover facility; • Rezoning of property from PD-507, zone 7b to zone 7a; • Subdivision by preliminary plat of the existing Apple Valley Transit Station 10-acre site into two (2) lots; • An interim use permit for a 231-space temporary parking lot; and • Site plan review/building permit authorization for a bus layover facility with an approximately 600 sq. ft. building. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 4, 2014 Page 5 of 11 In 2008, the 10-acre lot was rezoned to "PD-507, Zones 7a and 7b". Zone 7a regulates the western 6 acres of the site, which is the location of the Apple Valley Transit Station ("AVTS"). Zone 7b regulates the eastern 4 acres of the site, which is where the bus layover facility and temporary parking lot will be located. Zone 7a currently allows the transit station, the platform, and the parking ramp as permitted uses and the surface parking lot as a permitted accessory use. The subzone does not allow bus layover facilities. Zone 7b allows high density commercial and housing as permitted uses. The project requires two zoning actions: 1) Amend "PD-507, Zone 7a" to allow for bus layover facilities, and necessary changes to the ordinance due to the proposed site plan; and 2) Rezone the future bus layover site from "PD-507, Zone 7b" to "PD-507, Zone 7a". The remaining future lot that is to be used on an interim basis for a parking lot will remain zoned "PD-507, 7b". The 10-acre lot is currently platted as Lot 1, Block 1, Menard Addition. The preliminary plat for Menard 2 Addition shows two lots. Lot 1, which would be used for the existing AVTS, parking ramp, lot, and future bus layover facility, is approximately 7.7 acres. Lot 2, which would be used for the interim parking lot, is approximately 2.3 acres. Staff believes a trail connection would be needed from the transit site to the lots to the north. A possible trail connection from the existing sidewalk that bisects the site north to south to the ApplianceSmart site would remove about 14 parking spaces. The construction of the trail would not be needed until the two additional parking decks are constructed. A pedestrian connection easement should be dedicated as part of the plat. Staff continues to work with the adjacent property owners on a design that would allow transit riders to access the existing retail users north of the site. The applicant is proposing a 231-space temporary parking lot as an overflow lot for transit riders on the future smaller lot. The applicant states the lot is needed because there is not sufficient parking on the site, and, due to federal transportation requirements, they must abandon the current overflow lot south of the subject parcel on the former transit site (southeast of Gaslight Drive and 155th St. W). Staff supports an interim use permit for the 231-space temporary parking lot for a period of five (5) years or until 2019. After that time, if MVTA still needs the temporary parking, staff believes the City should reexamine the proposed interim use permit. The site plan shows the construction of a bus layover facility with spaces for 14 buses, and an approximately 600 sq. ft. building to be used by bus drivers. Due to the increase in impervious surface area, the plan shows an infiltration basin on the northeast corner of the site. All utilities are available to the lot. The City Engineer had no concerns about the stormwater infiltration basins. The driver's building is composed of rockface block, which is consistent with AVTS. The building has the distinctive "swoop" on the roofline that mimics AVTS. The building would have restrooms, a break area, and vending machines; it would not be open to the general public. Staff has no issues with the proposed building. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 4, 2014 Page 6 of 11 Commissioner Burke remarked that in the layover comments it states that MVTA does not support the idea of allowing potential development over the layover site. Ms. Dykes answered that these were comments the City received today from the MVTA. She would like them to address those comments. They are concerned about all of the issues we raised - Length of the interim use permit, need for any kind of retention for development potential over the layover area, and the pedestrian easement. Kraig Klund, project manager for the design firm TKDA, an architectural and engineering firm from St. Paul, was present to answer questions. Chair Melander commented that it seems this property has been passed around a few times. Mr. Klund said yes and, for his involvement, he could not give a detailed explanation of any of those passes. Commissioner Burke asked if he could comment on the pedestrian easement or access. Mr. Klund stated it is MVTA's position that they prefer not to do that. He did not think they would fight it to any great extent but it is not their preference. Chair Melander said they have been pretty strong on requiring that pedestrian access and that would probably be required. Jane Kansier, Senior Project Manager for MVTA, stated she would be happy to answer any questions they would have for her. Chair Melander commented that they had just received the MVTA comments tonight and may not have had a chance to review all of them and prepare for them. Commissioners Diekmann questioned the interim use permit (IUP) and commented that in the MVTA's letter it says that they would prefer the overlay parking lot be allowed for a period of ten years rather than five years. He did not believe the city was saying you cannot have it for ten years, just that the City preferred five. He asked if the MVTA was opposed to that. Ms. Kansier answered it is not that they are opposed to it as much as the practical matter is, if everything goes perfectly, they are awarded a grant to build the upper decks. They are still looking at a minimum of seven years. At a minimum they would like to see the IUP for seven years. They can work with the five years. They would prefer, just from a practical standpoint, to look at a minimum of seven years. Chair Melander commented that development cycles come and go and when it seems things are looking upwards right now but the City obviously has other occasions for development and overflow parking. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 4, 2014 Page 7 of 11 Ms. Kansier said she does appreciate that and they are looking from a practical standpoint, the grant cycle. The solicitation occurs this fall. The awards would be determined in later 2014 or early 2015. The money does not come available, at a minimum, until 2019. It would take at least a year to 1 V2 years to construct the upper decks. So that is why, just from a practical standpoint, they would not be able to do anything on that site for seven years. Chair Melander said the Commission would take that under consideration and would be talking about this again in two weeks. Commission Scanlan requested information regarding the security issues the MVTA had been having and a little bit about mitigating those. Ms. Kansier commented they had some vandalism issues. Some things just happen due to being in a large parking lot. There were some broken windows, car breakins, just vandelism issues. She knows Apple Valley Police have reports on some issues that have occurred on this site. The MVTA does a great deal of work with security cameras and lighting to try to prevent that but it does happen. Commission Scanlan questioned if video surveillance cameras would be incorporated within this building. Ms. Kansier answered yes. They have a pretty extensive camera system in the transit station. They would also be providing a system at both the layover site and the temporary parking site. They have taken into consideration the comments provided by the Apple Valley Crime Prevention staff. She thought the biggest issue they have not addressed here is focusing the camera onto the door of the layover facility. They will do that. Chair Melander closed the public hearing at 7:40 p.m. 6. LAND USE/ACTION ITEMS A. The Legacy of Apple Valley Sixth Addition/Remington Cove Apartments — Consideration of subdivision by preliminary plat of 5.21-acre site into two lots for the Legacy of Apple Valley Sixth Addition; Zoning Amendment to existing Planned Development Agreement; Site Plan review/building permit authorization for 101-unit apartment building. (PC14-14- ZSB) LOCATION: Southeast of Galaxie Avenue and Founders Lane PETITIONER: Trident Development, LLC Planner Margaret Dykes stated the property owner, Trident Development, LLC, is requesting the following actions: • Zoning Amendment for change to approved site plan. • Subdivision by preliminary plat of a 5.21-acre lot into two lots. • Site Plan Review/Building permit authorization for one 101-unit apartment building. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 4, 2014 Page 8 of 11 The property is zoned "PD-716, zone 2". No amendment to the zoning code is required, but because this is a Planned Development district, a change to the existing Planned Development agreement is needed; this agreement would be prepared by the City Attorney. The applicant is requesting a subdivision by preliminary plat of the subject 5.21-acre site into two lots; the subdivision will be called The Legacy of Apple Valley Sixth Addition. Lot 1 would be 2.66 acres; this lot would be developed in the future. Lot 2, which is where the Remington Cove apartment building would be located, would be 2.54 acres. The proposed 101-unit apartment building would be required to provide cash-in-lieu of land park dedication. No driveway access would be allowed to Galaxie Avenue except in the location shown on the site plan. The revised site plan showed a U-shaped 3 -story 101-unit building with an underground garage that meets all setbacks set forth in the zoning ordinance. Trash and recycling would be located on the first floor, and garbage trucks would pick up in the courtyard area. All mechanicals would be located in the garage. She reviewed the grading plan, parking requirements, site access, building materials, and utility, lighting and landscaping plans. She addressed any public hearing comments. Roger Fink, Trident Development, provided additional information. Discussion followed. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann recommending approval of amendments to the Planned Development Agreement for The Legacy of Apple Valley Fourth Addition to allow for the subdivision of Lot 1, Block 1 into two lots, and allow for the construction of a 101-unit apartment building, as shown on the revised plans received in City offices on May 29, 2014. Ayes - 6 - Nays - 0. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann recommending approval of The Legacy of Apple Valley Sixth Addition, a subdivision by preliminary plat of a 5.21-acre lot into two lots, as shown on the plans received in city offices on April 7 3, 7 014, subject to all applicable Pity codes and standards, and the following conditions: a. All necessary drainage and utility easements shall be dedicated on the plat for any existing and future public utility infrastructure. b. The property owner shall provide for park dedication for the 101-unit apartment building, which shall be in cash-in-lieu of land and paid prior to the release of the final plat for filing. c. The developer shall grant access restriction easements to the City to limit direct access from The Legacy of Apple Valley Sixth Addition to Galaxie Avenue, except at locations permitted by the City. Ayes - 6 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 4, 2014 Page 9 of 11 MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann recommending approval of site plan/building permit authorization for Remington Cove Apartments, as shown on the revised plans received in City offices on May 29, 2014, subject to all applicable City codes and standards, and the following conditions: a. No building permit shall be issued until the final plat of The Legacy of Apple Valley Sixth Addition is filed with Dakota County Recorder's Office, an Amended Planned Development Agreement is executed by the developer and City and all the conditions of the executed Development Agreement have been met by the applicant. b. The 101-unit apartment building shall be located on Lot 2, Block 1, The Legacy of Apple Valley Sixth Addition. c. There shall be a minimum 116 parking spaces constructed in the parking garage, 66 on-site surface parking spaces, and two on-street parking spaces shall be installed. d. No building permit shall be issued until a Natural Resources Management Permit has been obtained. e. Submission of a nursery bid list that confirms the landscape materials, irrigation system and other common area amenities meet or exceed 2% percent of the value of the construction of the building based on Means Construction Data. Ayes - 6 - Nays - O. B. Cobblestone Lake Commercial 5th Addition and Prestige School — Consideration of the rezoning of Outlot 0, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION from Planned Development No. 703/zone 8 to Planned Development No. 703/zone 6; zoning amendment to allow for day care centers/preschools as a permitted use in Planned Development No. 703/zone 6; the subdivision by preliminary plat of a 3.22-acre outlot into two lots; and site plan/building permit authorization to allow for the construction of a 10,850-sq. ft. building on a 1.25-acre lot. (PC14-12-ZB and PC14-13-S) LOCATION: Southwest corner of 158th Street West and Emperor Avenue PETITIONER: South Shore Development, Inc., and Red Mountain Retail Group Planner Tom Lovelace reviewed the petitioner's request and stated there is an existing cross access easement and maintenance agreement between the effective parties for Emperor Avenue, which allows for unrestricted access and identifies responsibility for the ongoing maintenance private street. These new lots should be part of this agreement. Information had been provided which shows that the subject property is already part of the recorded agreement. The site plan shows 31 surface parking spaces for a 10,850 sq. ft. building footprint, which has 10,593 sq. ft. of usable area. The minimum required parking for a facility of this size is 31 spaces. The revised site plan shows a bike rack located to the south of the front elevation. The trash enclosure's wall shows a "Quik Brick" wainscot and painted smooth face concrete block. An integrally colored decorative block shall be required in place of the painted smooth face concrete block. The playground would be enclosed with a white steel fence. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 4, 2014 Page 10 of 11 No pedestrian connections are being proposed to the Pilot Knob Road pathway. Staff initially recommended that a direct pedestrian connection from the site to the Pilot Knob Road pathway be made. The applicant had submitted a letter that provided their rationale for not putting in this pedestrian connection. Staff believes that these are legitimate reasons and are recommending that a sidewalk from the site to Pilot Knob Road not be installed. Jacob Fick, South Shore Development, provided additional information. Discussion followed. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan recommending approval of the rezoning of Outlot 0, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION from Planned Development No. 703/zone 8 to Planned Development No. 703/zone 6. Ayes - 6 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan recommending approval of an amendment to Planned Development No. 703 to include daycare centers/preschools as permitted uses in zone 6. Ayes - 6 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke recommending approval of the COBBLESTONE LAKE COMMERCIAL 5TH ADDITION preliminary plat and that the easement would be subject to City approval. Ayes - 6 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan recommending approval of the site plan/building permit authorization to allow for construction of a 10,850 sq. ft. daycare center and 31 surface parking spaces in accordance with the plans dated May 29, 2014, subject to the following conditions: • A maintenance agreement shall be executed to ensure the ongoing function of the infiltration basin prior to issuance of a building permit. • An integrally colored decorative block shall be required in place of the painted smooth face concrete block for the trash enclosure. Ayes - 6 - Nays - 0. C. Tide Dry Cleaners — Site plan/building permit authorization to allow for construction of a two-lane car-side valet canopy along as part of 3,255 sq. ft. dry cleaning operation. (PC14-19-B) LOCATION: West end of the Time Square Shopping Center II building, 7540 149th Street West PETITIONER: CM Architecture and Time Square Shopping Center II Planner Margaret Dykes stated the applicant would like to install a 28' x 35' canopy and two asphalt drive lanes to accommodate valet service at Tide Dry Cleaners, which would be located at the west end of south Time Square Shopping Center building and occupy approximately 3,255 sq. ft. Each drive lane would be 11 feet wide. Employees of Tide would meet customers in the drive lanes, and pick up or return their laundry at the cars. Tide states that each transaction generally takes less than CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 4, 2014 Page 11 of 11 one minute to complete. The drive lanes and canopy would require the removal of approximately 2,800 sq. ft. of green space. The applicant is proposing two raingardens to accommodate the additional impervious surface area. The Natural Resources Coordinator had concerns about the landscaping plan that must be addressed by the applicant. John Holten, CMA project manager, provided additional information. Discussion followed. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler recommending approval of site plan/building permit authorization for a 28 x 35' canopy and two asphalt drive lanes to accommodate valet service at Tide Dry Cleaners, 7540 149th Street W. in the Time Square Shopping Center, as shown on the plans received in City offices on May 27, 2014, subject to all applicable City codes and standards, and the following conditions: a. The applicant shall address the comments raised by the Natural Resources Coordinator in his memo of May 30, 2014. b. The property owner shall agree to a maintenance agreement for the on-site infiltration areas. c. The property owner shall apply for a Natural Resources Management Permit prior to beginning any site work. Ayes - 6 - Nays - 0. 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. City Planner Tom Lovelace stated that the next Planning Commission meeting would take place Wednesday, June 18, 2014, at 7:00 p.m. 8. ADJOU • MENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion adjourn. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler to adjourn the meeting at 8:27 p.m. Ayes - 6 - Nays - 0. Res ctfully Submitted, re-L7-_, Ju Jda Murphy, Planning 1 - part f t Assistant Approved by the Apple Valley Planning Commission on