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HomeMy WebLinkAbout02/07/1996CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES February 7,1996 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order at 7:08 p.m. by Chair Alan Felkner. Members Present: Alan Felkner, Dave Swanson, Frank Blundetto, Marcia Gowling, Diane Nagler, and Paul Oberg. Members Absent: Karen Edgeton. Staff Present: Rick Kelley, Tom Lovelace, Kathy Bodmer, and Mike Dougherty. Others Present:. See the sign-in sheet. 2. APPROVAL OF AGENDA Chair Felkner asked Staff and the Commission members if they had any changes to the proposed agenda. It was noted that under number three, approval of minutes, the date should be changed from January 17th to January 3rd. Chair Felkner stated that he wished to add an item 8D concerning the site tour on the Fischer Aggregate mining. site adjacent to the Williams Pipeline. He then called for the agenda's approval. MOTION: Member Gowling moved, seconded by Member Blundetto, to approve the agenda as amended. The motion carried 6 - 0. 3. APPROVAL OF JANUARY 3,1996 MINUTES Chair Felkner asked Staff and the Commission members if they had any changes to the draft minutes submitted in the packet. There being none, he called for their approval. MOTION: Member Blundetto moved; seconded by Member Nagler, to approve the minutes as submitted. The motion cazried 5 - 0 with one abstention (Gowling). 4. CONSENT ITEMS - None - 5. PUBLIC HEARINGS A. Kwik Trip Chair Felkner opened the public hearing with the standazd remazks. The project was introduced by Assistant Planner Tom Lovelace, who identified the property as being located on Planning Commission Minutes February 7, 1996 Page 2 the northeast corner of County Road 11 and new Palomino Drive. He stated that the property is currently designated for combinations of Visitor Business and Low Density Multifamily Residential, and that the existing zoning on the property is Visitor Business. An amendment to Planned Unit Development Number 144 has been pending before the City Council, awaiting the completion of the Palomino Drive relocation project. Mr. Lovelace then turned the presentation over to the petitioner. Mr. Seott Teigen approached the Commission and stated that he is the Director of Real Estate for Kwik Trip Stores. He distributed photographs of existing stores to Commission members and stated that the Kwik Trip philosophy is to be more of a superette grocery store than other convenience motor fuel. sales operations. He said that they pride themselves on a clean operation and do not allow themselves to become a hangout for teens. Mr. Teigen went on to state that they had made changes in their proposed development plans to take into account the comments received at the sketch plan review meeting. Mr. Teigen then asked if Commissioners had any questions of the proposal. Commissioner Blundetto asked for clarification concerning the gray roadway being shown on the northern portion of the site plan: Mr. Teigen stated that represented a construction access for the property which would be off of the site where the Kwik Trip proper would be located, but traversing the other lots within the development. Commissioner Gowing asked what the land use was on the parcel north of the proposed Kwik Trip site. Community Development Director Rick Kelley responded by stating that the property directly to the north (across existing Palomino Drive) is currently being developed as part of the Wensmann Townhome project. It had been previously proposed to locate a SuperAmerica Store on that site. Chair Felkner asked the petitioner if they had reviewed the comments in the Staff report concerning minor revisions or additions regardmg the trash dumpster, lighting plan, pathway connection, signage, and other issues. Mr. Teigen stated that they had agreed to all of the changes in the Staff report. Commissioner Blundetto asked what the hours of operation would be. Mr. Teigen stated that given. the type of competition in the industry, it is necessary for them to operate 24 hours a day. He noted that the PDQ Store on the other side of County Road 11 operates for 24 hours. Chair Felkner asked Tom Lovelace if there were any other issues that had not been addressed by the petitioner. Planning Commission Minutes February 7, 1996 Page 2 the northeast comer of County Road 11 and new Palomino Drive. He stated that the property is currently designated for combinations. of Visitor Business and Low Density Multifamily Residential, and that the existing. zoning on the property is Visitor Business. An amendment to Planned Unit Development Number 144 has been pending before the City Council, awaiting the completion of the Palomino Drive relocation project. Mr. Lovelace then turned the presentation over to the petitioner. Mr. Scott Teigen approached the Commission and stated that he is the Director of Real Estate for Kwik Trip Stores. He distributed photographs of existing stores to Commission members and stated that the Kwik Trip philosophy is to be more of a superette grocery store than other convenience motor fuel sales operations. He said that they pride themselves on a clean operation and do not allow themselves to become a hangout for teens: Mr. Teigen went on to state that they had made changes in their proposed development plans to take into account the comments received at the sketch plan review meeting. Mr. Teigen then asked if Commissioners had any questions of the proposal. Commissioner Blundetto asked for clarification concerning the. gray roadway being shown on the northern portion of the site plan. Mr: Teigen stated that represented a construction access for the property which would be off of the site where the Kwk Trip proper would be located, but traversing the other lots within the development. Commissioner Dowling asked what the land use was on the parcel north of the. proposed Kwik Trip site. Community Development Director Rick Kelley responded by stating that the property directly to the north (across existing Palomino Drive) is currently being developed as part of the Wensmann Townhome project. It had been previously proposed to locate a SuperAmerica Store on that. site. Chair Felkner asked the petitioner if they had reviewed the comments in the Staff report concerning minor revisions or additions regarding the trash dumpster, writing plan, pathway connection, signage, and other issues. Mr. Teigen stated that they had agreed to all of the changes. in the Staff report. Commissioner Blundetto asked what the hours of operation would be. Mr. Teigen stated that given the type of competition in the industry, it is necessary for them to operate 24 hours a day. He noted that the PDQ Store on the other side of County Road 11 operates for 24 hours. Chair Felkner asked Tom Lovelace if there were any other issues that had not been addressed by the petitioner. Planning Commission Minutes February 7, 1996 Page 3 Mr. Lovelace noted that they were all contained in the summary and that Mr. Teigen had faxed a memo to him stating that they would comply with all of those additional requirements. He noted that the revised site plan also met the Code requirements. Commissioner Blundetto asked if the sign had been revised from 122 square feet down to 110 square feet. Mr. Teigen noted that the sign had been reduced. Commissioner Cowling asked Staff if it is typical. for these operations to run on a 24-hour basis: Mr. Lovelace stated that in almost all cases these types of convenience/grocery and motor fuel sales operations do run for 24 hours a day. Commissioner Swanson. asked when a lighting plan would be prepared. Mr. Teigen stated that they would have a lighting plan available for review at the next Planning Commission meeting: Chair Felkner then opened the hearing to the audience for additional comments. He asked that anyone wishing to address this issue to please come to the podium and state his name and address, or if preferred, one could put his comments in writing and address them to the City. Katherine Berger of 13358 Hughes Court approached the podium. She stated that she believes there is currently a problem with the amount of traffic at the existing intersection of McAndrews Road and County Road 11. She thinks that if this project is allowed to be constructed to the north of that intersection it will simply increase the amount of traffic at McAndrews Road. She's concerned over the amount of noise and exhaust pollution level from the automobiles: She asked if an air quality study had been prepared for this project. She said that this type of operation mm~ing for 24 hours would generate glare from the site lighting and also potentially generate crime from such things as lottery ticket sales. She said that she believes her property would be adversely impacted and would probably lose value. Chair Felkner asked if there were any other members of the audience who wished to address this issue. Assistant Planner Tom Lovelace stated that he had received a letter from a resident who wished to have the letter read into the record. The letter from Linda Whitman of 13330 Huntington Drive stated that she was upset with the idea of a convenience grocery and gas station being located at the intersection of Palomino Drive and County Road 11. The letter went on to state that while the relocation of Palomino Drive was intended to improve traffic safety, the installation ofa high traffic generator such as the Kwik Trip would defeat the purpose of moving the road. The letter also stated that the Kwik Trip would simply duplicate the PDQ operations on the other side of County Road 11, and she did not believe it was necessary. Chair Felkner asked if there were any other comments concerning this. Mary Becker of 8755 Hunter's Way approached the podium. She stated she simply had a question concerning ownership. She wanted to know if Kwik Trip owned the parcel to the north Planning Commission Minutes February 7, 1996 Page 4 of the gas station as illustrated on the site plan. It was noted that this parcel was owned by Kwik Trip. She then asked what uses would be anticipated or have been recruited for that property. Mr. Teigen stated that while the property is for sale, they do not have a specific use in mind at this time. The businesses that have contacted there, however; include a caz wash and a day care center. There being no further comments, Chair Felkner closed the hearing with the standard remarks: There would be no action this. evening, and it will be considered in two weeks. If all questions have been answered at that time, he expects that the Commission will make a recommendation to the City Council, which. is the final. decision making body. 6. LAND USEIACTION TTEMS A. Alimagnet Landing Variance Assistant Planner Kathy Bodmer presented the item which concerns a request for a side yard setback variance for a home in the. Alimagnet Landing Subdivision. This lot is located on the southwest corner of 140th Street and County Road 11. The petitioner R.C.S. Associates Incorporated is requesting a variance on the side yard of this lot which faces County Road 11 in order to install a three car garage. The standard setback on this side would be 40; and they would like to reduce that to 30'. All. of the other homes in the Alimagnet Landing. do have 3 car gazages. Ms. Bodmer went on to state that the petitioner's not present this evening because he is in ill health. Chair Felkner stated that. it was his recollection that the slopes from County Road 11 fall off quite dramatically toward this lot. Ms. Bodmer said yes, that is the case. Felkner said he recalled a similaz setback vaziance situation off of Pilot Knob Road and that the severe slope. effectively shields the house from the roadway. MOTION: Member Blundetto moved, seconded by Member Swanson; to recommend approval of the setback variance in order for the home to be consistent with the neighborhood, and because of the steep slope. The motion carried 6 - 0. B. Apple Valley Office Building Assistant Planner Tom Lovelace introduced the item which involves a corrective final plat to adjust a common lot boundary and a site plan with building permit authorization for a three story office building containing a bank. The property is located on the northwest corner of 147th Street and Galaxie Avenue. This property is designated on the comprehensive plan for nursing/clinic uses and is zoned under Planned Development Number 290, which allows both office and clinic uses. Planning Commission Minutes February 7, 1996 Page 5 The building will contain 36,240 square feet, of which about 7,000 squaze feet will be used for bank purposes. The balance of the building will be available for lease for a variety of general office, professional office and financial services. Two accesses to 147th Street are proposed, with a single access on Galaxie Avenue where the drive-thru tellers would exit. Mr. Lovelace also noted that they aze requesting. a proof of parking arrangement such that of the 203 total parking. spaces required by ordinance, 152 spaces will be provided now, and 51 spaces would be left as green space. There would be an agreement filed against the property requiring the installation. of those S 1 parking stalls if the City determines that the 132 spaces are inadequate. Todd Mohagen of Mohagen Architects introduced himself to the Commission and stated that he was the designer of the building. Also present were Carl Jones of Anchor Bank Corporation and Kathy O'Connell, the landscape architect on the project. Mt. Mohagen noted that the accesses on 147th Street have been designed to line up with the existing driveways on the south side where the public and police entry is provided to the City's public safety building. He also noted that the access onto Galaxie Avenue is an exit only. He said that the building will be constructed of a combination of brick; aluminum and glass -- all done in earth tones. The metal rooftop screen for the heating, ventilation and cooling system will also be painted to match the building fascia. They are also. proposing a significant outdoor plaza area on the south side of the building near the front entry. Jae said that it is their preference to leave the 51 proof of parking stalls as green space on a permanent basis. Their experience with similar buildings is that the City code requirements are excessive. Kathy O'Connell; the landscape architect; stated that she has chosen trees along the street to match the existing boulevard plantings along 147th Street and Galaxie Avenue. She then displayed an enlazgement of the plaza and garden area to explain their concept of providing additional green space and color in this portion of the site. Chair Felkner referred to the forester's letter concerning the use of juniper instead of mugho pine. Ms. O'Connell stated that they were amenable to making that substitution. Cazl Jones stated that he is the Vice President of Corporate Affairs for Anchor Bank Holding Company, which currently owns and operates five banks. He noted that all of Anchor Banks aze locally run with sepazate charters, and that it is their philosophy to provide full service banking in each of the communities that they are located. He said all of the decisions are made locally at each bank so that people or businesses can receive all their services at one location in a one-stop approach. He also noted that because of this arrangement, each bank will become an active participant in the community's life. Mr. Jones went on to detail the parking studies that they had done at their other facilities to justify their request for the proof of pazking arrangement. Commissioner Gowling asked for more detailed explanation concerning installation of those additional proof of parking stalls. Who would actually decide how many and when? City Attorney Mike Dougherty explained that an agreement would be prepared and then recorded Planning Commission Minutes February 7, 1996 Page 6 against the property that would detail the conditions under which the additional parking would have to be installed. Commissioner Blundetto noted that this is a large three story building on a very prominent location in the downtown. It was his opinion that the north elevation of the structure which faces the Apple Valley Medical Clinic seemed rather bland. Todd Mohagen stated that he could understand that sentiment. He stated that it would be possible to break up the north (rear) of the building by using more glass, or perhaps some different colors; or even a curve in the wall. Commissioner Oberg noted that as part of the discussions for the proposed Fischer Marketplace retail uses on the east side of Galaxie Avenue, traffic impacts along. the Galaxie Avenue accesses were discussed, particularly during the p:m. peak hour. He said that he was concerned over the ability of traffic exiting the drive-thru tellers to be able to get out onto Galaxie Avenue, particularly if they would want to make. a left turn and go north. Mr. Mohagen stated that if a signal were installed at 147th and Galaxie Avenue, it would probably help matters. Commissioner Swanson stated that while he knows that making a left turn during the afternoon rush hour would be difficult, he doesn't think. that it's necessary to restrict access to right turns out only at this location. It was noted that the site plan noted a possible future access along. the north. side of the building to interconnect. the parking lots from the drive=thru exit area. Mr. Jones, however; stated that they would prefer to keep this in green space in order to separate themselves from the parking lot of the Apple Valley Medical Center. There. was a general discussion about the number and spacing of the driveway accesses onto Galaxie Avenue. The general consensus was that while there may be some delays in an exiting car making a left hand turn to go north during the p.m. peak hour, this was no different than many of the other driveways along Galaxie Avenue in this part of the downtown. MOTION: Member Blundetto moved; seconded by Member Gowling, to recommend approval of the corrective replat to adjust the common lot boundary. The motion carried 6 - 0. MOTION: Member Gowling moved, seconded by Member Swanson, to recommend approval of the site plan and building permit authorization subject to enhancements of the north building elevation to be reviewed and approved by City Staff. Prior to a vote on the motion, there was a discussion concerning other possible sidewalk connections from the building to Galaxie Avenue. Chair Felkner then called for a vote on the motion. The motion carried 5 - 1 (Blundetto). Mr. Blundetto stated that while he believes that Planning Commission Minutes February 7, 1996 Page 7 this is a good project for the City, he still had some concern over the traffic circulation and access to Galaxie Avenue, as well as the north building elevations. 7. DISCUSSION TTEMS A. Mattress Liquidators Sketch Plan Assistant Planner Tom Lovelace introduced the item which concerns the property located on the northwest corner of Cedar Avenue and Whitney Drive (155th Street): Mr. Lovelace noted that while. the Mattress Liquidator proposal had previously been approved for construction on the old Amoco site, they ran into some problems with the final acquisition of the property and are looking for an alternate site. This property is currently designated on the comprehensive plan for Retail and General Business and is zoned under Planned Development Number 532, Zones 1 and 2. The petitioner is proposing a 1.6;345 square foot multi-tenant building which would contain a Mattress Liquidator Retail Outlet and several other tenants. The proposed building elevation is essentially the same as the previously approved. building, but it does have a larger square footage. The exterior elevation would be constructed of a combination of brick and rock faced block with step parapets; canopies and decorative gooseneck lighting. Commissioner Blundetto asked why this was being presented as a sketch plan. at this time. Community Development Director Rick Kelley noted that these uses would require an amendment to the Planned Unit Development; involving a public hearing for the rezoning. Mr. Kelley went on to say that whenever a rezoning or change to the comprehensive plan is being suggested by a developer, Staff usually recommends that they approach the Commission on an informal. basis for a sketch plan. David Johnson introduced himself to the Commission and stated that he is the owner of the Mattress Liquidators Company. He also introduced Wade Johnson of Amcon Corporation, which will provide the design and construction services, and Dewey Johnson of Security Development Company who would be the leasing agent. Wade Johnson noted that they have continued the circular traffic patterns around the building to connect into the existing curb cuts at Whitney Plaza, and have provided for three pedestrian connections out to the parameter sidewalks. He stated that it was only the bottom courses of the building that would use the rock faced block, which would have an integral color not requiring painting. The bulk of the. building would be brick with aqua canopies and gooseneck lights located above inlaid decorative medallions. They are providing two more parking stalls than the City's code requires. Dewey Johnson noted that in this location they would be attempting to lease up with other neighborhood and service tenants such as dry cleaners, hair stylists, bagel shop and a coffee shop. Planning. Commission Minutes February 7, 1996 Page 8 Commissioner Dowling asked what zones these proposed uses would typically be allowed in. Tom Lovelace noted that the bagel shop is expected to be very similar to Bruegger's, which is a Class II restaurant. These would usually be restricted to Retail Business zones. Community Development Director gave a brief explanation of the existing zoning on the site and how this Planned Development came to restrict certain types of retail activities such as Class. II restaurants which were singled out as being potential.. nuisances due to the close proximity of the Gedaz Park Elementary School. Chair Felkner asked that Staff review how many other sites in the City aze currently zoned retail business that would accommodate these uses. David Johnson said that the mattress store itself would typically generate only about ten cazs per day. He said that he has reviewed the minutes when Whitney Plaza was first proposed, and does not think that the bagel shop or coffee shop that they aze proposing would tend to attract any school children. Bob Emmer, who is the Mattress Liquidator Store Manager at Richfield, also took a moment to address the Commission. Commissioner Oberg asked if there would be common parking with the Midas and Jiffy Lube Center directly to the north of Whitney Plaza. David Johnson said yes, that the curb lines of the parking lots line up. Commissioner Oberg noted that they would be creating a new exit to the south, adjacent to Cedar Avenue, and that traffic movements would be improved. Commissioner Nagler expressed a concern over the current level of maintenance at the Whitney Plaza site. She said that the original developer represented that the. project would blend into the neighborhood, but that they have not completely lived up to those standards. She said that many of the capstones on the screening wall have been knocked. off and not replaced. David Johnson said that they would certainly maintain their center in accordance with community standards. They aze not proposing any neon lighting on this building. Chair Felkner asked about any provision for public parking uses on this site. Rick Kelley noted that when the project was originally approved, there was a covenant placed on the property concerning the pazking adjacent to Whitney Avenue being available for athletic and after-school activities. David Johnson said that they aze aware of that restriction and that they will be adding site lighting that will make these parking stalls safer. Planning Commission Minutes February 7, 1996 Page 9 Commissioner Swanson asked Mr. 7ohnson if they have aligned themselves with the coffee and bagel outlets as part of their construction activities. David Johnson said no, but that they do need to have other tenants filling the spaces in order to finance the construction of the building. Commissioner Swanson asked who specifically these other tenants were. David Johnson said that they aze Chesapeake Bagel and Caribou Coffee. Commissioners Dowling and Blundetto stated that they believe that bagel and coffee shops would be okay, but they have no idea what kind of public comments might be generated during the hearing process. Councilmember Gary Humphrey approached the Commission to state that he believes most of the uses being proposed here are in a "gray area" dealing with interpretation of some of the terminology in the Planned United Development. He stated that it was his opinion that the biggest issues concerned keeping uses which generate high levels of traffic out of the planned development, as well as keeping out certain types of Class II restaurants which attract a lot of teen activity. He stated that in his opinion, the best thing to do would be to "clean up" the language of the Planned Development to remove the ambiguities. Chair Felkner asked about potential morning traffic generated by the coffee shop in relationship to students walking to Cedaz Pazk Elementary. S. OTHER BUSINESS A. Adutt Entertainment Regulations Assistant Planner Kathy Bodmer introduced the item and discussed the information contained within her Staff memo. Mike Dougherty and Kathy Bodmer -noted that adult entertainment is protected under the first amendment as a free speech issue, but that the City does have the authority to regulate its location, hours of operation, and manner of operation in order to avoid adverse secondary effects which have been documented. There was a general discussion concerning how much land area actually needs to be provided for when an analysis of the regulation's impact is performed: The next step in the process will be to have the information presented to the Urban Affairs Committee. Once they have worked on the ordinance and have a draft put together, public hearings will be held before the Planning Commission concerning zoning regulation amendments. Planning Commission. Minutes February 7, 1996 Page 10 B. Housing Workshop Community Development Director Rick Kelley referred to the information in the packet concerning the housing workshop planned for February 16th. Any Commissioners wishing to attend should contact City Staff and staff will make reservations. C. Planning Institute Community Development Director Rick Kelley referred the Commission to the information about the Institute. This will be offered on two separate Saturdays; and Staff encourages newer Planning Commissioners to try and attend this if possible. If they do wish to make reservations, please contact City Staff and we will take care of making the arrangements. D. Tour of Fischer Sand & Gravel and Williams Pipeline Site Chair Felkner stated that he and Commissioner Nagler had accepted an invitation from Williams Brothers to tour the site and the manner in which excavation activity is occurring. He would like Staff to prepare. a proposed motion concerning Staff site inspection as part of the annual excavation permit review. 9. ADJOURNMENT MOTION: Member Blundetto moved, seconded by Member Gowling, to adjourn the meeting.. The motion carried 6 - 0. The meeting adjourned at 9:07 p:m.