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HomeMy WebLinkAbout01/22/1997CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES January 22, 1997 1. CALL TO ORDER The City of Apple Valley Planning Commission meethig was called to order at 7:05 p.m.. Members Present: Alan Felkner, Frank Blundetto, Diane Nagler, Paul Oberg Marcia Gowling, Joe McNamara and Karen Edgeton. Members Absent: None. Staff Present: Rick Kelley, Kathy Bodmer, Keith Gordon, and Mike Dougherty. Others Present: See the sign-in sheet. 2. APPROVAL OF AGENDA Chair Felkuer asked Staff and the Commission members if they had any changes to the proposed agenda. There being none, he called for its approval. MOTION: Gowling moved, seconded by Bhmdetto, to approve the agenda as submitted. The motion cased 7 - Q. 3. APPROVAL OF JANUARY 8, 1997 MINUTES Chair Fellnaer asked Staff and the Commission members if they had auy changes or correcTions to the draft minutes submitted in the packet. There being none, he called for their approval. MOTION: Gowling moved, seconded by Blundetto, to approve the nuuutes as submitted. The motion carried 6- 0, with one abstention (Edgeton). 4. CONSENT ITEMS - None - 5. PUBLIC HEARINGS - None - 6. LAND USE/ACTION ITEMS A. Hyland Pointe Townhomes Setback Variance Community Development Director Rick Kelley briefly introduced the issue. The application is fora 2' setback variance to Gardenview Drive to acconunodate a deeper 3-season porch. Kelley then asked the petitioner and builder, Mr. Bill Diedrich,to present the information in greater detail. Diedrich approached the podium and stated that the purchaser of this to~~il~ome wazlted a 2' deeper porch in order to better acconunodate the existi~~t furniture that they wished to place on it. He stated that the order to construct a deeper porch was written up by the townhome salesperson working in Planning Commission Minutes January 22, 199'1 Page 2 this project, and the job superintendent proceeded to construct the deeper porch R~ithout directly involving Mr. Diedrich. Chair Felkner asked the petitioner if there were not basic foundation and unit plans which indicated the total size of the building. Diedrich said that that was the case for the foundation for the building; however, porches, since they do not have basements, are placed simply on post footings aazd are not necessarily illustrated on the plans with the same level of detail. He stated that in speaking with his sales representative and job superintendent, neither of them thought that a 2' deeper porch would cause a problem because they did not believe it was significant. Chair Felkner asked the petitioner if this was not a sinular variance situation as occurred h~ Rodeo Hills where an oversized porch was constructed intruding into the nur>irnum setback area, and then a variance was applied for after the fact. Diedrich stated that it was a similar situation, but that the units in Rodeo Hills are all custom designed. Commssioner Blundetto noted that this townhome lot had already received a setback variance as part of the initial preliminary plat approval and building permit authorization so that the petitioner should have knova~ that he was in a tight situation. Diedrich stated that the reason that this part of the development was so close to the nui>unum setbacks is because the City had required the road access out to Hyland Pointe Courts to be shifted eastward in order to avoid any automobile headlights from slrining on the adjacent single family homes. This movement of the road essentially pinched this part of the building site. Commissioner Cowling asked how many townhome units had been bruit. Diedrich stated that only three units (16, 17 and 18) had not been started yet. He also noted that all of the other units have similar 3-season porches and there have been no setback problems. Chair Fellaser asked if the architect on this project was the same as that for the recently approved Valley Oaks Townhome project. Diedrich stated that it was. Commissioner Blundetto asked how this additional 2' deep porch came to be. Mr. Diedrich stated that after the purchaser indicated to the salesperson that they wished a deeper porch, they met with the architect who designed the extra deep porch. Mr. Blundetto stated that he does not understand what Yype of parameters the architect would be working under to design such changes to an already approved project. Mr. Diedrich stated that since the project is his, and everyone works for him, it is ultimately his responsibility and he accepts that. Planning Commission Minutes January 22, 1997 Page 3 Commissioner Gowling noted that during the footing inspection procedure a number of measurements are taken, and she was puzzled how the intrusion into the setback was not discovered at that time. Conunissioner McNamara stated that ultimately approval of a variance needs to be based on au objective evaluation. He stated that in his opinion, there did not appear to be a sufficient hardship to justify a variance in this case. Commissioner Blundetto stated that it seems like Diedrichs projects have more mistakes occurring such as this than happens with other developers. Commissioner McNamara asked what the cost would be to modify the porch by cutting off the 2 feet and reinstalling the outer wall_ Diedrich stated that he has not calculated what that cost would be. Chair Felkner noted that he does not like to see this type of after-the-fact variance coming up for this particular developer over and over again. He stated that he felt he could support this particulat variance, but would not likely do so in the future. Commissioner Edgeton stated that she thh~ks the homeowner would be penalized if the porch had to be reduced at this time. She does not tlnnk that the homeowner would have had any reason to believe that the addition to the porch would cause a problem. Commissioner Oberg asked if only the footing had been installed. Mr. Diedrich stated that the porch was almost complete at this time. Mr. Oberg noted that the approval for this townhome project was a very hot issue, and that the final plan was negotiated, and many compromises were reached between the developer and the neighborhood. He feels that having the developer come back for a change at this time was troubling. Comnssioner Nagler noted that there was a similar afterthe-fact variance issue with the Americhm Hotel. She wondered if this type of thii~ could be avoided with better inspection or taking of measurements. Commnissioner Blundetto stated that he hopes the developer understands that continuing problems such as this are affecting his credibility. Conuuissioner Oberg asked a rhetorical question over when the City should draw the lhte on this type of issue. Commissioner McNamara noted drat while the City does have responsibilities regarding the inspection process, the developer also has a responsibility to construct in conformance with the approved plans. He stated that he believes that this property can be utilized in the same fashion as other properties in the neighborhood without a variance, and consequently does not believe a hardship exists. Connnissioner Oberg asked a hypothetical question of the developer in that if he had accidentally built the porch too small, how would the developer correct the situation, acid at whose exp~rse. Planning Commission Minutes January 22, 1997 Page 4 the unit. Diedrich stated that he would probably either add onto the porch or negotiate a reduced price for Commissioner Gowling asked what the hazdship is in this case. Diedrich stated that in his opinion it is that the homeowners needed to have a larger porch to acconunodate their existing furniture which they wished to move into the dwelling. Assistant Plamier Kathy Bodmer also noted that the City did require the road to be shifted to the east, therefore pinchnig the development site. MOTION: Gowling moved, seconded by Edgeton, to recommend approval of the 2' setback variance due to the hardship created by the realigned road. Commissioner Blundetto stated that he knows Diedrich's projects add value to the City and accommodates the needs of his customers, but that he could not support this after-the-fact variance because he believes that it is important to send a massage about following plans. Commissioners Oberg and McNamara stated that they feel the same ivay. Chair Felkner also reiterated that he did not feel that in the future he would be able to support such variances. Chair Fellrner then called for a vote on the motion. The motion carried 4 -3 ($lwidetto, McNamara, Oberg). Chair Felkner stated that he still felt it worild be useful to have the Public Works Director present at a work session. to discuss the inspection services. Commissioner Gowling asked if it is possible for the City to "red flag" building permits from developers who have historically had problems such as this. Commissioner Blundetto stated the City needs to be careful to provide fair treatment of al] builders. City Attorney Dough[ery stated that it is important for the Cornrnission to realize that they only see the problem cases that arise that cannot be resolved. Most of these are all handled at the staff level durnig construction. Commissioner Edgeton stated that she knows that there are often setback problems with this developer, but noted that the developer himself doesn't directly review everytling and that it is important to Look at the total picture. There was a general discussion concerning variances and site inspection services. 6B. Holiday Station Assistant Planner Kathy Bodmer hrtroduced the item. The proposed development site is on the northeast corner of County Road 42 and Johnny Cake Ridge Road She noted that at the November 20, Planning Commission Minutes January 22, 1997 Page 5 1996 Planning Commission meeting the Commission recommended not to amend the Light bidustrial zoning regulations to provide for freestanding convenience grocery stores. She stated that since the Light Industrial zone does not list them, the Commission needs to wrestle with the issue of whether some element of convenience grocery operations can be considered an integral part of any type of motor fuel sales or truck stop constructed in today's market environment. Bodmer then reviewed the latest revised site plan and described the location of the variance building elements. Bodmer also noted that when this subdivision and plat was approved in 1979, a conveyance of a 1' wide easement along Jolumy Cake Ridge Road was granted to the City to specifically prohibit any driveways coming directly from this lot onto Johnny Cake Ridge Road. The purpose of this easement was to maintain safe traffic conditions along Johnny Cake Ridge Road, and that this easement was in fact a property right of the City. Glen Van Woruzer, the City's traffic consultant with SEH, approached the podium. He noted that the plan being presented this evening is different from the ones previously reviewed, and that the petitioner has. made some effort to try to minimize traffic conflicts by responding to Mr. Van Wom~er's previous commerrts. Van Wormer noted that current traffic counts on Johnny Cake Ridge' Road iidicates there is about one truck per minute during peak hour periods. He stated. that because of the size of the type of trucks that would be interested in utilizing this project, it would not be feasible to design a driveway onto Johnny Cake for "in only" traffic. Smaller velacles would still be able to, and probably would try to, got in and out of such an. access. - ~Mr. Van Wormer went on to state that the City has struggled to try and limit access in newly developing areas such as Fischer Marketplace or the Minnehaha redevelopment site when they are adjaceiitta heavily traveled roadways. The purpose of this is obviously to provide for safe, and efficient traffic movements that benefit the general public, as well as individual property owners. He stated that in this case since the City has an absolute property right to prohibit access, he does not feel the City should give it up unless the City believes it would result in a superior situation. Mr. Van Wormer then discussed the truck turning radii illustrated on the plan. Commissioner Edgcton stated that regarding laud use, she sti}I goes back to the fact that this is an industrial area, and it was not intended or needed to have higher traffic volume access -points, such as being requested with the Johnny Cake driveway. She stated that having such a driveway would seem to indicate that it is designed for customer convenience, relative to residential type traffic rather than truck traffic, Dave Hoeschen of Holiday Stores approached the podirun. He stated that his company believes that the proposed truck stop would be successfid in meeting local market demand. He stated that he understood the issue of a convenience store type operation relative to the language contained in the permitted uses in a Limited Industrial zone. He stated that concerning. the site plan, they have reduced the. width of the access point onto Johnny Cake slightly, and have iicluded landscape islands to help channelize the internal traffic better. He noted that wln]e one set of pumps has been. identified as serving truck traffic, both of the pump island areas sell diesel fuel He expects tint the smaller trucks iaill use the pumps located directly in front of the building. He stated they would be willing to look at some type of design which limits egress from the site onto Jolnmy Cake, while still permitting Tigress. He stated that they do not believe that they can attract Planning Commission Minutes January 22, 1997 Page 6 sufficient County Road 42 traffic unto their site if they are only allowed to have an access on 149th Street. Commissioner Edgeton asked if Holiday has considered any other retail site for this use. Mr. Hoeschen stated that they have evaluated the local market condition, as well as looking at other sites. He stated that the other sites they have seen aze not conducive to accepting the heavier truck traffic which they desire. Corruiussioner Edgeton stated that she still believes that this site design is primarily that of a retail grocery and convenience gas store, and that it simply doesn`t belong in this location. Commissioner Oberg asked Mr. Van Wormer if the traffic situation would be improved if the access onto Johnny Cake was moved north. Mr. Van Wormer gtiuckIy reviewed the site plan and stated that, while moving the access to the north would increase the amount of stacking and storage for trucks waiting at the County Road 42 traffic signal, the drive would also have to be shifted far enough north to avoid conflicts with the existing driveway on the west side of Johrmy Cake that serves the North Star Concrete Plant. It would also have to be kept far enough away from the 149th Street intersection to avoid conflicts at that location. Commissioner McNamara asked if the traffic coLmts anticipate the traffic that would be generated by the new high school which will 6e opeiung in the Fall. Mr. Van Wormei stated that he knows that the traffic will increase on Johnny Cake, especially when the gravel pit south of County Road 42 is reclaimed for urban development and Johrmy Cake is extended further to the south. Commissioner Bhmdetto asked Staff to explain the mention ui the Staff Report about the site plan having the appearance of a retail project. Assistant Planner Kathy Bodmer explained the citation in the Staff Report, and noted that it is a somewhat subjective evaluation. Conmvssioner Blundetto stated that sinoe they are having a work session to address uses in commercial zones m the downtown, he thinks a similar approach should be done regarding industrial uses to better reflect market conditions. He did say, however, that the issue of traffic acid access points remains a concern. Convnissioner Edgeton stated that she agrees that market conditions have changed, and that the City needs to be aware of such trends. She stated, however; that it is her belief that the intelrt of the ordinance was not to provide for such high traffic "consumer" uses iu an industrial area. She says that, in her opinion, the site plan and building appearance is simply that of a typical convenience grocery and gas store use with high traffic generation that sanply doesn't belong on this site. Commissioner Gowling asked about the driveway access on the west side of Johnny Cake Ridge Road. Bodmer stated that that is an older driveway access which was grandfathered in. .; Planning Commission Minutes January 22, 1997 Page 7 Dave Ericksmoen approached the podium. He stated that he represents VenStaz, the current property owner. He stated that if this is not considered to be an appropriate location for motor fuel sales and truck fuelhng, it would be even worse to have trucks drivhig to downtown Apple Valley to fuel up with diesel. Mr. Ericksmoen stated that the adjacent North Star Concrete Company, which owns VenStaz, is going to be removing their underground fuel tanks and will be looking for an alternate location to fuel their trucks. Mr. Ericksmoan also noted that the report indicated there was a potential for conflict with pedestrians at the TAG facility located on the east. He stated that he has checked with the owner of that facility, and that all of the students are driven in cars so there would be no pedestrians. He said that sazce the time the North Star plant was built iv the 1970's, the owners have been encouraged to develop the vacant land not utilized for plant purposes. He stated that he did not think the 1' wide easement would be granted under today's conditions if the property were to be subdivided. He reiterated that market conditions are changing, aild zoning regulations need to be modified to reflect this. He asked for the Cormnission's support in approvi~~n the development request. Commissioner Blundetto asked the petitioner if the Conditional Use Permit requirement for gasoline skimmers in the catch basins was acceptable. Mr. Hoeschen stated that it was. Commissioner McNamara compared the listing of motor fuel sales and truck stop with the other listed uses in the Light Industrial zone, such as truck terminal and other vary heavy uses. He thinks that all of these uses were intended to be for larger scale businesses and not the type of retail use he believes is being proposed here. , Commissioner Oberg asked if it woLdd be possible to come up with a different site plan having a different driveway access point onto Johnny Cake. Mr. Hoeschen stated that they would be willing to split the difference between the eurient access point at 149th Street with the new driveway. Conunissioner Growling asked bow this development would be signed, and what it would be called out as being. Mr. Hoeschen stated that it would be no different than aziy other of their Holiday stores. He stated that the term "truck express" is simply a marketing term, but that the sign would simply say Holiday Store. Commissioner Edgeton asked for clarification that Holiday does not intend to promote this as being a truck stop. Mr. Hoeschen reiterated there would be no name change, but that perhaps they might add the term "diesel" to the sign Commmissioner Blundetto asked about the height of the canopy over the fueling areas. Mr. Hoeschen stated that the canopy over the car fueling area in front of the store was 15' 6" in height, acid that the canopy over the dedicated truck fueling area was lb' in height. He emphasized that they do not expect to pull in overthe-road tracks at this location, but rather tnicks that are providing Planning Commission Minutes January 22, 1997 Page 8 local delivery and service. He said that these type of track drivers tend to establish a specific fueling pattern and then stick to it. Commissioner McNamaza stated that he understands the issue about fuel tank liabilities with the upgraded PCA regulations for removal and spill prevention. He said that these regulations have established deadlines which were known some time ago, and he thinks tlus is kind of late in the game for North Star to make any decision to remove their tanks. Mr. Ericksmoen stated that North Star has simply determined that with the hew requirements they do not want to have the legal exposure of continuing to have an in ground tank. far. Chair Felkner asked if Staff had any other issues that had not been discussed or addressed thus Staff responded that al] issues have been touched upon. MOTION: Oberg moved, seconded by Blundetto, to recoimnend approval of the Conditional Use Permit for a motor fuel station/truck stog subject to the installation of skinuners as required by the City Enguieer. DISCUSSION: Conmrissioner Blwrdetto asked if Corrunissioner Oberg intended to include a limitation on driveway access to 7olunry Cake Ridge Road. Cormnissioner Oberg stated that he would address that issue in the. subsequent motion regarding the site plan and building permit approval. Commissioner Edgetoh stated that it is unportazrt to remember that a tnrek stop is a Conditional Use Permit in a Limited Industrial zone, which means that it is not necessarily appropriate to have on every lot hi a subdivision. Comnussioner McNamara stated that he is adamantly against tl>is use in a Light Industrial zone. Also, he said the access restriction was established in 1979 and should not be opened up for another driveway. He stated that the City has tried to piovide for a phasing of differerR intensity uses along County Road 42 as one approaches the downtown. Chair Felkher stated that he is opposed to having tm access onto Johnny Cake. He stated that iii his opinion it is a convenience grocery and motor fuel sales oriented toward residential customers that simply happens to have diesel pumps available for trucks. He stated that we established this area for industrial uses and that we have vacant retail space elsewhere in the conunanity. Conunissioner Nagler stated that she does not want to see trucks in the downtown area and doted that truck stops are really only provided in industrial zones. She said; however, that the access is not very good. Commissioner Cowling stated that she does believe that a truck stop is an appropriate use here, but that a driveway access onto Johnny Cake Ridge Road was not good. She stated that the City needs to continue to have good traffic flow along this roadway. Planning Commission Minutes January 22, 1997 Page 9 Conunissioner Oberg noted that it has been ahilost 20 years since the easement was acquired in 1979. He stated that things change, and that allowing this use here would help to pull trucks away from the downtown area. He stated that it's important to remember that this lot is bordered by both County Road 42 and Johnny Cake Ridge Road, and that one .should expect to see a use on the lot which is consisterrt with and benefits from the high traffic vohunes that exist there. Chair Fellrner then called for a vote on the motion. The motion failed 3 - 4 (Felkner, Gowlnig, Edgeton, McNamara). This motion having failed, the Commission could not take up the second item concerning the site plan. 7. DISCUSSION ITEMS - None - 8. OTHER BUSINESS - None - 9. ADJOURNMENT MOTION: Blundetto moved, seconded by McNamara, to adjourn the nieetnzg. Tht; motion carried 7 - 0. The meeting adjourned at 8:24 p.m.