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HomeMy WebLinkAbout06/18/20141. CALL TO ORDER 2. APPROVAL OF AGENDA 4. CONSENT ITEMS - -NONE-- 5. PUBLIC HEARINGS - -NONE-- 6. LAND USE/ACTION ITEMS CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JUNE 18, 2014 The City of Apple Valley Planning Commission meeting was called to order by Vice-Chair Burke at 7:00 p.m. Members Present: Ken Alwin, Tim Burke, Paul Scanlan, and David Schindler. Members Absent: Tom Melander, Keith Diekmann and Brian Wasserman. Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, Planner Kathy Bodmer, Planner Margaret Dykes, Assistant City Engineer David Bennett and Department Assistant Joan Murphy. Vice-Chair Burke 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 - 4 - Nays - 0. 3. APPROVAL OF MINUTES JUNE 4, 2014. Vice-Chair Burke 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 June 4, 2014. Ayes - 4 - Nays — 0. A. Caribou Coffee Drive-Thru Project — Consideration of 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 CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 18, 2014 Page 2 of 5 PETITIONER: Caribou Coffee Company 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 Counter, Ice Cream Shop, Delicatessen, etc.). Two key issues related to this request are potential impacts to the Glazier Townhomes immediately to the north and the reduction of parking resulting in a parking deficiency for the shopping center. She reviewed the drive-thru lane design, proximity to the Glazier Townhomes, noise study, hours of operation and loss of parking. 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 and an extensive landscape planting area would be installed 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. Discussion Followed. MOTION: Commissioner Scanlan moved, seconded by Commissioner Alwin recommending approval of an amendment to Planned Development No. 290, Zone 4, to allow a drive-thru in connection with Class III Restaurant as a conditional use. The following conditions must be met in order to obtain a CUP for drive-thru in connection with a Class III Restaurant in PD-290, Zone 4: • Noise, headlights, traffic volume and emissions from idling vehicles resulting from the operation of the window shall not negatively impact surrounding residential and institutional uses. • The drive-thru 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 Class III restaurant is located less than 1,000 feet from a residential or institutional use, the City Council may restrict the hours of operation of a drive- thru window to mitigate any adverse impacts caused by noise, headlights, traffic volume and emissions from idling vehicles. • If the installation of the drive-thru facilities result in the loss of parking spaces, then the resulting parking spaces available for the entire site shall meet the parking requirements set forth in this Chapter or the petitioner shall demonstrate that the resulting parking on the entire site can satisfactorily serve the current and any future uses in accordance with the zoning code provisions. Ayes - 4 - Nays - 0. B. MVTA Bus Layover Facility — Consider zoning amendments to PD-507 to allow for a bus layover facility; subdivision by preliminary plat of a 10-acre lot into two (2) lots; interim use permit for 231-space parking lot; and site plan/building permit authorization for bus layover facility with approximately 600 sq. ft. building. (PC-14-15-ZSIB) CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 18, 2014 Page 3 of 5 LOCATION: 155th Street West and Cedar Ave PETITIONER: MVTA Planner Margaret Dykes stated the applicant has withdrawn the subdivision by preliminary plat of the 10-acre lot into two (2) lots at this time but is still requesting the following actions: Approve amendments to Planned Development 507 to allow for a bus layover facility 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. The property is zoned "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 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 regulates the eastern 4 acres of the site, which is where the bus layover facility and temporary parking lot would be located. Zone 7b requires multi-story, mixed-use development that must include high-density apartments, and allows for commercial and transit as permitted uses. The mix of commercial, housing and transit uses is consistent with the Comprehensive Plan. A sidewalk connection would be needed from the transit site to the lots to the north. A sidewalk connection would extend the existing 6'-wide sidewalk that bisects the site north to south, turn east and connect with the ApplianceSmart site. This sidewalk configuration would remove about 14 parking spaces. A pedestrian connection easement in favor of the City should be dedicated on the plat. The easement must be of sufficient length, width, and change in elevation to design, construct and maintain the 6'-wide sidewalk extension. Discussion followed. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan recommending approval to amend Planned Development 507, zone 7b to allow for bus layover facilities for the exclusive use of public transit providers as part of a mixed-use development. Ayes - 4 - Nays - 0. MOTION: Commissioner Alwin moved, seconded by Commissioner Schindler recommending approval of an Interim Use Permit for a 231-space overflow parking lot to be located on the eastern portion of the subject site, as shown on the plans received in City offices on June 18, 2014, subject to all applicable City codes and standards and the following conditions: a. The property owner shall dedicate a sidewalk easement in perpetuity in favor of the City in a configuration determined by the City to connect the subject property to the property to the north. The easement documents shall be prepared by the City Attorney. A 6'-wide sidewalk shall be installed when funding is identified or the subject property is redeveloped for a mixed-use project, whichever is sooner. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 18, 2014 Page 4 of 5 b. The parking lot shall be constructed to meet City standards including concrete curb and gutter, impervious surface, and striping. c. The interim use permit shall expire on December 31, 2021. Ayes - 4 - Nays - O. MOTION: Commissioner Alwin moved, seconded by Commissioner Schindler recommending approval of site plan/building permit authorization for a bus layover facility and approximately 600 sq. ft. building as shown on the plans received in City offices on May 7, 2014, subject to compliance with all applicable City codes and standards, and the following conditions: a. The MVTA shall terminate the lease for the Gaslight Drive transit facility and vacate the property upon issuance of the Certificate of Occupancy for the proposed building. b. The property owner shall repair the block retaining wall located on the north end of the subject lot to comply with City standards. c. The property owner shall address the comments raised by the City Engineer in his memo dated May 28, 2014. d. The property owner shall address the comments raised by the Fire Marshal in his memo dated May 13, 2014. e. The property owner shall address the comments raised by the Natural Resources Coordinator in his memo dated May 23, 2014. fi The property owner shall address the comments raised by the Crime Prevention Specialist in her memo dated May 22, 2014. Ayes - 4 - Nays - 0. C. Amendment to Chapter 154 (Sign Regulations) - Consider amendments to Chapter 154 (Sign Regulations) to amend Appendix C. (PC14-20-0) LOCATION: City Wide PETITIONER: City of Apple Valley Planner Margaret Dykes reported as staff was completing recent amendments to the City's Sign Code, the City Attorney advised that amendments should also be done for Institutional Signs. Institutional uses are limited in the amount of signage that is allowed on a particular site, and the allowable signage for these uses is significantly less than commercial uses. The limited amount of signage has proven problematic in the past because Institutional uses are generally on larger lots and may have several buildings on the site. The City Attorney advised that the Code must be content neutral. Signs cannot be regulated based solely on the content of the sign or on the user. It is the sign that must be regulated, not who has the sign or what the sign "advertises". The Code allows properties zoned for Institutional uses to have one (1) 40 sq. ft. ground sign and one (1) 40 sq. ft. building sign. Institutional uses include churches, libraries, parks, government buildings, courthouses, schools, and similar public or quasi-public uses. It is staff's opinion that CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 18, 2014 Page 5 of 5 one 40 sq. ft. building sign may not be adequate for the size of these buildings, and one 40 sq. ft. ground sign may not be adequate for the use. Institutional uses are generally larger and staff believes they should be allowed the same amount of signage as those uses located in Neighborhood Commercial, General Business, Retail Business, Industrial, and Business Park districts. These districts are allowed up to 500 sq. ft. of building sign, but the method of calculating the signage is based currently on the retail floor area. Staff believes that increasing the size of the signs allowed for Institutional districts is needed, but the method of calculating the signs should be based on the total floor area. Also, no Institutional use should be allowed only a total of 500 sq. ft. of building signage per site. This would allow multiple buildings on an Institutional site to have signage, provided the total signage for the site did not exceed 500 sq. ft. Discussion followed. MOTION: Commissioner Scanlan moved, seconded by Commissioner Alwin recommending approval of the draft ordinance amending Chapter 154 of the Code of Ordinances (Signs). Ayes - 4 - 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 would take place Wednesday, July 16, 2014, at 7:00 p.m. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Vice-Chair Burke asked for a motion to adjourn. MOTION: Commissioner Scanlan moved, seconded by Commissioner Alwin to adjourn the meeting at 7:37 p.m. Ayes - 4 - Nays - 0. Respectfully Submitted, Murphy, Planning Eepart t Assistant Approved by the Apple Valley Planning Commission on