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HomeMy WebLinkAbout03/06/1996)? CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES March 6,1996 L CALL TO ORDER The City of Apple Valley Plarmiug Commission rneetu~g was called to order at 7:03 p.m. by Chair Alan Fellmer. Members Present: Alan Fellmer, Frank Blundetto, Diane Nagler, Marcia Gowling, Karen Edgeton, Dave Swanson and Paul Oberg. Members Abse~tt: None. Staff Present: Rick Kelley, Kathy Bodmer, Tom Lovelace, Keith Gordon, and Mike Dougherty. Others Present: See the sign-in sheet. 2. APPROVAL OF AGENDA Chair Fellmer asked Staff and the Commission members if they had any changes or additions to the proposed agenda. There being none, he called for its approval. MOTION: Member Cowling moved, seconded by Member Blundetto, to approve the draft agenda as submitted. The motion carried 7 - 0. 3. APPROVAL OF FEBRUARY 21,1996 MINUTES Chair Fellmer asked Staff and the Couunission members if they had any changes to the draft minutes submitted in the packet. There being none, he called for their approval. MOTION: Member Edgeton moved, seconded by Member Oberg, to approve the February 21, 1996 minutes as submitted. The motion carried 6 - 0, with one abstention (Swanson). 4. CONSENT ITEMS -None - 5. PUBLIC HEARINGS A. Wlufiey P-aza Planned Unit Development Revisions Chair Fellmer opened the public hearing with the standard remarks. IIe asked that all those wishing to address this issue to sign the roster, to come to the podium to speak and address the chair with their questions. Planning Commission Minutes March 6,1996 Page 2 Assistant Planner Tom Lovelace introduced himself and identified on an overhead transpazency display the location of the project, which is the northwest corner of Cedaz Avenue and 155th Street, also known as Whitney Drive. Mr. Lovelace noted that the. property is currently designated on the comprehensive plan for a combination of Retail Business and General Business uses and is currently zoned under Planned Unit Development Ordinance No. 532, Subzones 1 and 2. The property is currently platted as two sepazate lots. Mr. Lovelace went on to state that the purpose of the public hearing is to consider an amendment to the Planned Unit Development to allow additional retail business uses within Zone 1, and to expand Zone 1 to encompass both of the vacant lots. The expanded retail business uses would provide for a establishment of a furniture store to accommodate a mattress lquidator's operation, restaurants not having any drive-thru activities up to 33% of a multi-tenant building, and wine and/or 3,2 beer on sale as part of a conditional use permit process in conjunction with restaurant activities. Finally, it is requested to increase the maximum building coverage from its current maximum of 20% to 30%. Mr. Lovelace then turned the presentation over to the project petitioner. Mr. Wayde Johnson introduced himself and stated that he works for Amcon Corporation; which is the entity responsible for the design and construction of this proposed building. He stated that the building materials would be a combination of rock faced block along the base, with brick material above this. The building would also include canopies and gooseneck decorative lighting above the canopies. Mr: Johnson explained the proposed uses in the building, which at this time would. consist of a mattress liquidators operation a coffee shop; and a bagel shop. The building as proposed. would cover 22% of the land,. up slightly from the current maximum of 20%. Commissioner Oberg asked if the. proposed restaurants at this time consist of a coffee shop and. a bagel shop, why it is requested to provide for wine and beer as a conditional use. Mr. Dewey Johnson then approached the Commission. He stated that he is with Security Development, the leasing agent for the proposed project. He said that they have requested the wine and beer provision in order to provide flexibility in leasing the property in the future. Commissioner Edgeton asked why the proposed building coverage was being increased from 20% to 30% if this building only needs to have 22%. Wayde Johnson stated that the 30% maximum coverage is typical in a Retail Business category, but with their proposed uses and the required parking for those uses, they would be maxed out at a 22% coverage. They believe that having the 30% maximum, however, would give them the flexibility to add building area if fixture tenants are of a nature which require fewer pazking stalls. Planning Commission Minutes March 6, 1996 Page 3 Commissioner Gowling asked for clarification on what typical coverages are in commercial districts. Assistant Planner Tom Lovelace stated that in normal Retail Business Zones, 30% is the maximum. But this particular Planned Development limited the maximum to 20%. Commissioner Edgeton asked why this 20% cap was originally established in the Planned Unit Development. Mike Dougherty, the City Attorney, stated that the current Planned Development language was in essence a response to the initial building proposals when the Planned Development was established, and at that time the buildings only occupied 20%. Chair Felkner asked Mr. Lovelace if the balance of the project was in conformance with the Planned Development criteria. Mr. Lovelace stated that the limitation on drive-thru's would prevent a typical "fast food restaurant" from desiring to occupy the premises. A standard restaurant size of approximately 2,400 square. feet is what was used in computing. the necessary parking stalls. He noted that the proposed freestanding sign. needed to be pulled back in order to meet the minimum freestanding sign setbacks. Also, the Fire Marshall has indicated the need for placement of a Sre hydrant in front of the building. Finally, some additional landscape islands would need to be created to meet the 5% requirement in this Planned Development. Mr. Lovelace also noted that a traffic analysis. by the City's consultant (SEH) indicated that the south access would function more safely if it was designated as a one-way entrance only. In order to provide for additional access onto Whitney Drive, a second access on the north/south portion of Whitney could be added at the back of the building. Also, at a minimum, the existing shared access to the north/south portion to Whitney should be widened so that there is no jog for vehicles entering or leaving the site at that point. He also noted that the Forestry Department has reviewed the landscape plan and feels that it is adequate with a proposed minor modification of a few plantings. Chair Felkner asked if the number of proposed parking stalls would be adequate if a third restaurant is established in the building. Mr. Lovelace stated at the standard parking criteria of one parking stall per 150 square feet of building area, there is adequate parking. However, a more detailed calculation would need to be done when a specific restaurant might establish itself, since the parking criteria for restaurants are based on the number of seats in the restaurant. Wayde Johnson noted that different types of restaurants have different seating designs and capacities and that the actual number of required parking stalls could vary quite dramatically. Planning Commission Minutes March 6, 1996 Page 4 A general discussion ensued concerning calculations for restaurants and the typical restaurant designs related to the number of seats provided in them. Chair Felkner asked that some more detailed calculations be provided at the next Planning Commission meeting in order to determine just what the minimum number of parking stalls would be, based on the maximum amount of space that could be used for restaurant purposes. Also, he asked if there were any distance requirements for the establishment of liquor sales or wine and 3.2 beer as it relates to schools. There are currently no such distance requirements. Chair Felkner then opened the public hearing for audience comments. Mr. Gene. Peterson approached the Commission. He stated that he is one of the principal. owners of the existing Whitney Plaza building, located to the north, which has as its primary tenants Midas Muffler and Jiffy Lube. He noted that when the initial public hearings were held for this Planned Unit Development, it had been proposed to place a Dairy Queen and Taco Bell restaurant on the south portions of the site, and that these were eliminated based on the adverse comments received at the hearing, He is concerned now that additional restaurant uses are being proposed on the site. He also noted that their existing building is constructed of 100% brick face, as opposed to a combination of rock faced block and brick. He said that he is not opposed, but feels that they should all be treated equally. Mr. Peterson also noted that there. is in existence along the rear side of all these properties an easement and covenant that provides for a certain amount of public parking for school. and athletic activities. He asked whether or not the use of the parking for these uses had been taken into account when the total parking calculations for the retail uses are performed. Mr. Peterson said he also felt that the maximum square footage requirement should not be adjusted upward because. more retail space could generate more traffic. He again noted the potential for the restaurants being an attractive nuisance relative to school kids, although not necessarily the coffee shop and bagel shop. Chair Felkner asked for a clarification on the proposed exterior building services. He felt that they should match one another. Wayde Johnson noted that the rock faced block would be the first four feet in height of the building; which is essentially the wainscot area. The balance of the building is proposed to be all brick. Dave Johnson of Mattress Liquidators approached the Commission and stated that he would be the ongoing owner of the premises. He said that he reviewed the minutes for the initial Whitney Plaza public hearing approval process, and feels that the restaurants that they are proposing would be completely different than the ones that generated the objections previously. He stated that they have had some informa- contact with representatives of the elementary school, and that they feel that those proposed uses are appropriate. Planning Commission Minutes March 6,.1996 Page 5 He said that they are aware of the deed restrictions concerning the shazed pazking on the reaz of the property, and said that while the pubic is entitled to use it, this does not mean that customers and employees of their facilities would be prohibited from using it during other hours of the day. He said that they will be adding site lighting on the reaz of the property which will make this shared parking area safer. He feels that the percentage of building coverage was a compromise that was struck as part of the initial Planned Unit Development, and that what they are requesting is only a minor revision: Chair Felkner asked Assistant Planner Tom Lovelace to perform a detailed review of the minutes of the original hearings and to provide the Commission with a summarization of those minutes along with the specifics of the restrictions on parking that were placed on the property. Bonnie Tangness of 7589 Whitney Drive approached the Commission. She stated that she lives in the existing townhome project and was present at the original hearings when the objections on the fast food restaurants arose. She said that what is being proposed at this time is completely different and she does not have a problem with them. However, she is concerned over the potential on-sale wine and beer licensing. She noted that while she and many of the adjacent residents had expressed concern about potential. problems. that retail business uses in this area might bring, she admitted that the existing Whitney Plaza building has not generated those problems. She noted that sometimes when semi-trailers enter the property they make wide right turns, and so she had some concern over the turning radiuses and configuration of the parking area. She also noted that they do experience a certain amount of "cut through" traffic from. Cedar Avenue, which is not there to patronize. the businesses, but which does cut through the property by using the right turn access of off Cedar and then entering Whitney Avenue from the center of the property, without even slowing down or stopping at the driveway access point. Commissioner Edgeton had a question concerning the hours of operation for the proposed bagel operation. Kurt DeMarais of Chesapeake Bagels approached the podium. He stated that he is the franchise holder for Chesapeake Bagels throughout the Twin Cities Area. He also stated that he feels somewhat unusual in being here in that he was the operation manager for Taco Bell at the time that this site was proposed for Taco Bell when the original Whitney Plaza hearing was held. He stated that the bagel operation would run from 6:00 a.m. to 8:00 p.m. and that they are not open later in the evening because the sales at the time aze rather mazginal for their type of business. He stated that it is their intent to make the Chesapeake Bagel operation a neighborhood and community gathering place. He feels that they would generate a significant amount of business from the immediate residential neighborhood. He went on to discuss the business philosophy of their operation and noted that between 65 and 75% of their business is take-out. He said that 35% of their business occurs in the morning from the hours of 6:30 to Planning Commission Minutes March 6, 1996 Page 6 8:30 a.m.; and that 70% of their business occurs between the hours of 6:30 a.m. to 2:00 p.m. A typical store size for their operations is between 2,000 and 2,500 square feet. Commissioner Oberg asked if a second restaurant was established at the center that had beer and wine sales, if he would not feel that that type of clientele might adversely impact his operation. Mr. DeMazais said that he did not believe that it would. Commissioner Blundetto asked for clarification on the hours again. In some cases they do not open unti16:30 a.m. Daue Johnson stated that when about a 1,200 square foot bay is added for a coffee shop, the building would probably be coaxed out in terms of pazking for any additional restaurants. Commissioner Edgeton stated that she would like to see a list of Class I and Class II restaurant definitions in order to assure herself that appropriate restaurants would be located in this center. She is not concerned with the proposed bagel and coffee shop, but if they move out she would like to be sure that future restaurants. would be compatible with the neighborhood. Bonnie Tangness asked for a clarification on why beer and wine sales were asked for within the Planned Development amendment. Dave Johnson stated. that they were simply looking for some flexibility in the use of the property so that the City would not have to micromanage changes in the Planned Development Zoning. as tenants change over time. He also noted that a conditional. use permit would have to be applied for as part. of beer and wine, and. that there would be an additional public hearing at that time: Mr. Johnson stated that he; as Mattress Liquidators as the prime tenant, would also be very concerned that other uses in the center were of a compatible nature. Mr. Bob Emery then approached the podium. He stated that he is currently a manager at a separate Mattress Liquidator Store, and was the individual who originally saw the "for sale" sign on this property and brought it to the attention of Mr. Johnson. He stated that they have about 15 customers per day, so a Mattress Liquidator store is actually a very low traffic generator. He stated that the semi-trailer trucks currently seen parked on the vacant part of the property are actually not there as part of the existing Whitney Plaza tenant deliveries, but rather must be owned by a local resident who is pazking the truck there because the property is vacant. A general discussion ensued over City regulations concerning the parking of semi- trailers. Mr. Gene Peterson, the principal owner for the property to the north, stated that they have contacted the police over this illegal parking and use of their premises. Planning Commission Minutes March 6, 1996 Page 7 Commissioner Oberg said that he continues to have a problem with the proposal for wine and beer sales. He asked the petitioner if this allowance was eliminated if it would prevent the project from going forward. Dave Johnson stated that he does not believe it would stop the project. Chair Felkner noted that it is the Commission's policy not to act on the same night of a project's public hearing: He suggested that Mr. Johnson think this over for consideration. at the next meeting. The wine and beer sales really seems to be the only hang-up concerning the project. Commissioner Blundetto noted that the Bruegger's Bagel. operation at County Road 42 and Pennock Avenue seems to have created an awful lot of traffic, and has quite a high demand for parking. He asked for an analysis of building square footage relative to on-site parking of that project compared to this project. Mr. DeMarais noted that the Apple Valley Bruegger's Bagel is actually one of the top five in the metro area, generating more than $1 million in sales annually. ChairFelkner then closed the public hearing with the standard remarks. 6. LAND USE/ACTION ITEMS A. GoodwilUEaster Seats Store Assistant Planner Kathy Bodmer introduced herself and noted that the project concerns a preliminary plat to subdivide property, and-a building permit/site plan review for the: property located on the southwest corner of 153rd Street and Garrett Avenue. Mr. Lee Hanson approached the Commission, representing Winkleman Building Corporation and Goodwill Easter Seals on the proposed project. He reviewed the issues that had been raised at the previous public hearing concerning signage, shared access, drainage and the proposed grading plan for the site. He identified the solutions to these issues. 1) A signage plan in conformance with City regulations has been submitted. 2) They have a revised site plan that now indicates a central access point. They are, however, continuing to pursue a joint access with the owner of the Frank's Nursery site and have identified. that as an alternate. This would proceed if they are able to come to satisfactory terms with the owner (Mid-America). 3) They have revised their drainage plan to show the elevations and have raised the bottom of the truck dock pit to meet the City requirements. 4) The grading plan has been reviewed with the City Engineer. Planning Commission Minutes March 6, 199b Page 8 Chair Felkner asked if they are unable to work out an agreement with the owner of the Frank's Nursery site, if the revised access plan continues to allow semi-trailer access to the site. Mr. Hanson explained the circulation pattern and indicated that while they would have to run in front of the building, they could continue to make the loop without having to backup. Chair Felkner then. asked Kathy Bodmer if she had any comments on the revised plans. Ms. Bodmer noted that the center access point being shown does work appropriately, and that they continue to show an alternate with Frank's if they can work another agreement with Mid-America. She also noted that the sign plan submitted does meet the City's sign code requirements. She noted that the drainage plan now indicates an elevation at the truck dock pit which is appropriate to the minimum store sewer elevations required by the city engineer; and that the grading pernut application would simply need to be submitted to the City Council for approval. Commissioner Blundetto asked a question about the provision for sanitary sewer service. City Engineer Keith Gordon explained where the sanitary sewer would have to come from to serve this property, and that Mr. Winkler, the. owner of the balance of property, has agreed verbally to an assessment for the lateral line. Commissioner Oberg asked about the dashed parking spaces being shown on the site plan. Lee Hanson. stated that they would. only be installed if the building addition, which is also a dashed line, occurs in the future. Commissioner Blundetto asked for a clarification on the circulation route for semi- trailers, and Lee Hanson illustrated where this would occur in a U-shaped direction. on the site plan. MOTION: Member Swanson moved, seconded by Member Nagler, to recommend approval of the preliminary plat. The motion carried 7 - 0. MOTION: Member Swanson moved, seconded by Member Gowling, to recommend approval of the site plan and building permit authorization with staff suggested criteria A and B only, C already having been satisfied. Commissioner Oberg during the discussion stated that he would like to make it clear that a shared access with the Frank's Nursery property is the preferred access point rather than a point in the middle of the lot. Planning Commission Minutes March 6, 1996. Page 9 Commissioner Blundetto also stated that he would wish to add to the motion that additional staff and council assistance be provided in attempting to convince Mid-America to grant the shared access. The maker and the second. of the motion both agreed to these changes in the motion. The motion then carried 7 - 0. 7. DISCUSSION ITEMS -None - 8. OTHER BUSINESS A. Annual Business Meeting Chair Felkner noted. that after appointments are made to the Planning Commission by the City Council, an annual business meeting occurs at the first meeting following that council action. The officer positions include Chair, Vice Chair, and Secretary. Member Edgeton nominated Alan Felkner for Chair, and Commissioner Cowling seconded the nomination. Commissioner Edgeton then moved to close the nominations. and. elect Alan Felkner as the Chair, and this. was seconded by Member Dowling. The motion carried 7 - 0: Chair Felkner moved to nominate Karen Edgeton. as Vice Chair and this nomination. was seconded by Commissioner Swanson. Chair Felkner then. mooed to close the nominations and elect Karen as Vice Chair, and Commissioner Swanson seconded this motion: The motion carried 7 - 0. Commissioner Edgeton nominated Commissioner Cowling to be Secretary, seconded by Member Oberg. Member Edgeton then moved. that the nominations be closed and that Member Cowling be elected. This motion was seconded by Member Nagler. -The motion carried 7 - 0. Bvlaws Commissioner Blundetto moved that the existing Bylaws be readopted in their current form. The motion was seconded by Member Swanson. The motion tamed 7 - 0. Chair Felkner noted, however, that in Appendix B, the language of the public hearings should be modified to reflect the current practices of having the petitioner present the majority of the proposal. Planning Commission Minutes March 6, 1996 Page 10 9. ADJOURNMENT Member Blundetto moved, seconded by Member Gowling, to adjourn the meeting. The motion carried 7 - 0. The meeting adjourned at 8:27 p.m.