Loading...
HomeMy WebLinkAbout11/20/1996CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES November 20, 1996 1. CALL TO ORDER The City of Apple Valley Plvrning Commssion meeting was called to order at 7:01 p.m.. Members Present: Alan Felkner, Frank Bluudetto, Diane Nagler, Paul Oberg, Karen Edgeton; Marcia G~owling, and Joel McNamara. Members Absent: None. StafT Present: Rick Kelley, Kathy Sodmer, Keith Gordon, and Mike Dougherty. Others Present: See the sign-in sheet. 2. APPROVAL OT AGENDA Chair Felkner asked Staff and the Commission members if they had any Changes to the proposed agenda. There beinv none, he called for its approval. MOTION: Member Cowling moved, seconded by Member Blundetto, to approve the agenda as submitted. The motion carried 7 - U. 3. APPROVAL OF NOVEMBER 6, 1996 MINUTES Chair Felkner asked Staff and the Comntissiw~ members if they had any changes or corrections to the draft minutes submitted in the packet. There being none, he called for their approval. MOTION: Member Cowling moved, seconded by Member Blruidettq to approve the minutes as submitted The motion carried 7 - 0. 4. CONSENT ITEMS - None - 5. LAND USE/ACTION ITEMS A. Zoning Ordinance Amendment for Convenience Grocery in Industrial Zones Assistant Planner Kathy 'Bodmer presented the item and e~plaiued the issues surrounding it. Currently, both truck stops and motor fuel sales are listed as conditional uses in °I-I" (Light Industrial) zoning districts. The purpose of the amendment is to provide for convenience grocery as an additional conditional use writhin tight industrial zones. Consideration of this amendment was precipitated by a request to establish a truck stop and motor foal sales operation which includes convenience grocery uses in alight industrial district Planning Commission Minutes November 20, 1996 Page 2 Ms. Bodimer presented information concerning the allowance of convenience grocery operations in industrial districts in neighboring communities. In most cases, such a convenience store is not allowed in industrial districts with dte exception of comm~unities which have strip highway coimn~ercial zoning that does provide for it. Ms. Bodmer then presented background information on the City's Comprehensive Plan and its goals to restrict commercial type development to the City's designated dorxnttown area and a very few outlying neighborhood convenience areas. Ms. Bochner also noted that since the City does not currently have a definition of a "truck stop" in its zoning ordinance, she has contacted a nttmber of surrounding corriinunities to determine if they have such a definition and what is contained in that definition. She then provided a generic definition of a "[ruck stop" which essentially consolidated the definitions used by those eottununities which had such a definition. Coinmissioaer Blundetto asked for a clarification of tlvs agenda item on whether it involved convenience stores to be included in industrial districts, or whether it was the creation of a "truck stop" definition. iVls. Bodmer stated that this agenda item concerns fhe antenchnent of the zoning code to allow convenience stores in an industrial zone. She stated that she had u9cluded a definition of a "truck stop" i^ her approach [o analyze tlis issue and offer some background. City Attorney Mike Dougherty noted that if it is proposed to add a iiew defned terns in the Citv Zoning Ordinance, a Public Heanng ~~=ould have to be held specifically noting such amendment. The previous public hearing dealt only with inclusion of convenience stores in industrial districts. Dave Ericksmoen of VenStar Corporation raised. a question on whether their property was zoned "I-1" or "1-2" (Liglrt Industrial or General Industrial). It was noted that the VenStar property on the east side of Johnny Cake Ridge Road is zoned Light Industrial, and the existing concrete plant on the west side of Johnny Cake is zoned General Industrial. Commissioner Oberg sY~tited that he is uncomfortable with this issue, and that it seems to be very difficult to separate the fuel sales and convenience grocery uses relative to the provision of services for Truck drivers. He noted that much of the backgrow~d information coming from the Comprehensive Plau was generated in 1979, and that perhaps the City should consider changes to provide for a commercial use in this area. Ms. Bodmer noted that the biggest difference betvvee~i Apple Valley's Comprehensive Plan and the development philosophy is its emphasis on having a definable downto~sn commercial area. Most other suburban communities will have "highway commercial" zoning along most of the major highways in thou jurisdictions that provide for these types of uses at many street intersections. Chair Felkner noted that the Citv's long-term goal has been to disallow County Road 42 from harping into a commercial strip running all the wav from the east city limits of Rosemount to the west luttits of Burnsvil(o. He stated that the City's development concept to designate a main central commercial area acid stick to it remains the City s philosophy. Planning Commission Minutes November 2Q 7.996 Page 3 Commissioner Oberg stated that he is not in aziy way against a plan to emphasize havhig an identifiable downtown commercial district. He said that he simply believes the City should be cognizant that needs change over dine, and that the City should respond appropriately. Coimmissioner McNamara stated that he understands and agrees with the City's Long-term commercial development vision. He noted that while the body of the text was adopted in 1979, most of the Comprehensive Plan has been looked at, and on a case by case basis amendments have been made in recognition of changing conditions. He noted that if the property ~~ere to be rezoned to a use not consistent with the surrounding property, it would be construed to be spot zoning. He stated that he sees City industry uses moving south of County Road 42, and does not think that the adjacent uses in this area could actually support a full service truck stop. Commissioner Nagler stated that she also is in agreement about not allowing convenience operatioos in this part of the City. She does think that perhaps a detailed definition of "truck stop" world be appropriate. Commissioner Blundetto noted that without the request further down the agenda (Item 6A), the City would not even be considering such an ordinance aznendntent. He stated that he believes the City should shnply leave the ordinance as it is, and jest deal with that request for its truck stop. Comtnissioiier Edgeton stated that her major concern is that the City might be driven to change its zoning ordinance that world affect all properties in Light Industrial simply to accommodate a request for the use of a truck stop with convenience grocery onjust one site. MOTION: Member Fxlgeton itioved, seconded by Member McNamara, to recon'rmend denial of the amendment to Light Industrial zones to provide for eanvenience grocery. The motion carried 7 - 0. 6. PUBLIC HEARINGS A. Holiday Station Chair Felkner reopened this public hearuzg with the standard remarks. He noted that this hearing had been continued from the previous meeting. He also noted to the petitioner; that due to the recotrunendation to deny the previous item concerning convenience grocery within a Light Industrial zone, the Commission would not be able to consider the inclusion of the convenience grocery for this particular item. David Hoshen approached the podium and introduced himself as a representative of Holiday Station Stores. He stated that he was confused with the City's position on this item. He said that they see industry and truck traffic in this area of the cormiiunity, and want approval of this project in order to service them. He stated that their corporation has built full service truck stops elsewhere in the comitry, but see a completely different market at this location. He stated that they want to work with the City in order to receive approval of their development request. Conunissioner Edgeton asked if Holiday could build this facility if they were limited to the convenience grocery retail being no more than 2~%, of the building area. Mr_ Hoshen stated that thev could not. He stated that he believes that given the traffic counts for truck traffic along County Road 42 and Joluvly Cake, the market can support their use as proposed. He Planning Commission Minutes November 20, 1996 Page 4 said that the typical driver of this form of truck iii the urban area would visit their facility at either the begimring or the end of their work shift. Commissio~ier Edgcton asked for a clarification. Is the petitioner their askii~ for 100% of the building area to be devoted to convenience retail grocery use? Mr. Hoshon stated that because this is yr "m~ban" thick stop, they are not proposing the sate of any track parts or services. He stated that this type of truck returns to local shops for service. He said that in appearance it will look and function as a typical convenience store, except that they will also include other ready Yo eat items such as hot dogs, and other forms of sandwiches. Kathy Bodnier rioted that with the 25% criteria the City has suggested, this retaIl space would be riiadc up of either oite building of a complex of buikliiigs, if in fact that was what was constructed. Mr_ Hoshen said that regarding the other criteria typically used to define a truck stop, they wotdd not be providing showers or any of the other services listed, Commissioner Gowliiig' noted Chat it does not appear there is a demand albrig such kighways as run through Apple Valley for these older style full service thick stops. Perhaps Ehe City deeds to evaluate whether they should be located insindustrial zones at all. Conunissioner Blundetto noted that the iudusby semis tp have changetl a tot, and that retail grocery items seem to be typically included in any location which provide's motor fuel fortmcks. ]ftlrere is an issue in setting a precedent by allowing dais type of opeta.tion in all industrial zones by reinterpreting the term "truck stop," maybe the Cit},~ would be better off to simply rezone Elie site in question. Goninuss~o~icr Edgcton stated that she thought that might be construed to fie spot zoning and asked the City AtWmey to comment. City Atton~ey Mike Dougherty noted that if. in fact the City does clrairge the ordinance in industrial zones to provide for this type of convenience grocery, it would apply to all industrial zoned properties in the City. He noted that hnproper spot zoning results when a single parcel of land is changed Eo a different zoning designation which is inconsistent with the character and nature of the zoning and uses on the surrounding parcels. It is not simply an issue of one parcel having a different zone than an adjacent parcel. Commissioner Edgcton stated Eliat rezoning to a retail business or suiiilar classification for one parcel in the middle of an industrial zone ~arould be spot zoning, and that it further clearly conflicts with the City's long term development policies about placing that type of use only in the City's downtown or designated neighborhood centers. She thinks that either arnendn~g th'e Liglit &idushial ordinance, or redefining the term "n uck stop" to allow a certain amount of retail groceq~ is just a back door approach. The end result on this property would be the same. Conunissioner Nagler ^otcd that the request before the Commission is for a conditio~ial use permit for a truck stop. Conunissioner Edgcton stated that in her opinion; ttie proposal as actually configured with the convenience grocery, could not be construed to be a Muck stop by any reasonable person. Community Development Director Rick Kelley noted that the City's Comprehensive Plan currently designates mixed multifamily residential along the south side of County Road 42, but that the long term Planning Commission Minutes November 2Q ].996 Page 5 plans are likely to change to industrial in This area as a result of the sand and gravel mining which is occurring farther to the south. This would mean that from Pilot Knob Road to the very east edge of the City's downtown at Flagstaff Avenue, industrial property would e~isG which cordd conceivably have multiple truck stops with convenience grocery operations if this first one is allowed. He noted that it has tong been the City's urtent to restrict these types of conveniience retail operations to either the City's core downtown or to the designated outlying neighborhood centers. He thinks that that long Term goal conthues to be appropriate, and that approval of this project would be inconsistent with the City's development vision. Conmussioner Edgeton stated that she agrees with this position. Commissioner McNamara stated that he also agrees with it He has watched this part of die community develop with industrial uses such as Wirsbo, the multi tenant office warehouse uses, and that a retail strip center type use adjace,~t to it would be out of character. Commissioner Blw~detto stated that oii the north side of County Road 42 there is not any opportunity for additional lots or new buildings. Comiissioner Nagler asked tc~hat the situation would be if a LYuck stop was requested without motor fuel sales. Conmrissioner Edgeton noted that it would still be a conditional use. Commissioner Blundetto stated that as a conditional use- there could be included within the definition additional location of site perfom~ance standards that could limit where they are located. Commissioner Cowling asked if Staff takes into account the demand for the ntm26er of uses such as this when making its analysis and teconnnendation. Bodmcr stated that Staff has always performed its analysis and recommendations based bn City development policies and ordinances. Staff does not try to second guess the private marketplace in deternuning demand for any use. Chair Felkner asked if the petitioner had env additional continents. Nlr. Hoshen stated drat the truck traffic counts in this area of the City seem to indicate a demand for this type of service. He also noted that as new and stricter environmental regulations have come about regarding underground fuel tanks, many of the smaller trucking outfits are contemplating removing their own tanks and purchasing their fiiel from facilities such as theirs. He said that it is a growing market opportunity for Holiday Station Stores. Rick Kelley noted that the existing gravel and concrete truck operators in the community have their own fiieling tanks and are evaluating switching these to above ground tanks in order to meet environmental regulations concerning potential grormd water pollution from leaking tanks. Chair Felkner asked the City Attorney what implications there would be for the City issuing conditional use permits for this type of use if rmderlying property occmers would change in the future. Mike Dougherty stated that a conditional use pernnt rues with the land and continues in existence as long as the performance criteria is met. Ptamring Commission Minutes November 20, 1996 Page 6 Chair Felkner closed the public hearing with the standard remarks. He noted, however, that spice this public hearing was continued from the previous meeting, the Commission might wish to consider a recommendation tonight. MOTION: Member Oberg moved; seconded by Member Blmidetto, to recommend approval of the conditional use permit and site plan for the Holiday Station Store. Rick Kelley noted that while there had been a lot of discussion concerning the uses on the site, the actual evaluation of the site plan has not been discussed. He noted that there is currently an easement restricting access to Johmry Cake Ridge Road, and that this site plan shows a driveway crossing that. Other issues regarding the site plan relate to installation of catoh basin and manhole skimmers to catch spilled firel and some landscape issues. Kathy Bodmer noted that there has not yet been a full staff presentation of the site plan as proposed since this was just expected to be the continued hearing. Chair Felkner asked if the maker or seconder of the motion wished to withdraw their action. Both Commissioner Blundetto and Oberg withdrew the motion. This item will be considered again at the December 4th meeting. 7. DISCUSSION ITEMS -None - 8. OTHER BUSINIJSS A. 1997 Meeting Calendar Rick I{elley noted that the proposed 1947 Meeting Calendar has been adjusted for the month of January, so that the Planning Connnission would meet in that month on the second and fourth Wednesday's, rather than the first and third Wednesday's. The reason for this is thai the first Wednesday is New Year's Day, and since the month contains a total of 5 Wednesday's, they will still be occurring two weeks apart as the calendar moves into Febmary. He also noted that the calendar includes only one meeting during the month of Jtily which has been traditional. MOTION: Member McNamara moved, seconded by Member Nagler, to approve the 1997 Meeting Calendar as submitted. The motion can~ied 7 - 0. Commssioner Blundetto noted that he would be out of town during the first week in December and does not believe he will be in attendance at the December 4th meeting. 9. ADJOURNMENT MOTION: Member Blw~detto moved, seconded by Member McNamara, to adjourn the meeting. The motion carried 7 - 0_ The meeting adjourned at 8:04 p.m.