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HomeMy WebLinkAbout10/15/1997CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES October 15,1997 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order at 7:01p.m.. Members Present:, Karen Edgeton, Marcia Gowling, Lou Clark ,Paul Oberg, Diane Nagler. Members Absent: Joe McNamara, Frank Blundetto. Staff Present: Rick Kelley, Tom Lovelace, Kathy Bodmer, City Attorney Mike Dougherty, Consulting Engineer Pat Wrase, Consulting Traffic Engineer Glen Van Wormer and Nelda Werkmeister. Others Present: See sign-in sheet. 2. APPROVAL OF AGENDA Chair Edgeton asked Staff and the Commission members if they were any changes or additions to the proposed agenda. MOTION: Oberg moved, seconded by Gowling, to move item 7B, Meeting Procedures, to 3A, following approval of the minutes. The motion carried 5 - 0. MOTION: Gowling moved, seconded by Clark, to approve the agenda as amended. The motion carried 5 - 0. 3. APPROVAL OF SEPTEMBER 17, 1997 MINUTES Chair Edgeton asked Staff and the Commissioners if they had any changes to the draft minutes submitted in the packet. MOTION: Clark moved, seconded by Oberg to approve the minutes. The motion carried 4-0 (1 abstention-Nagler). 3. A. Meeting Procedures Oberg asked to know the how, why and when meeting procedures will be changed. Chair Edgeton stated she felt the need to clarify how we will proceed with presentations, including an explanation of exactly what items the Commission is legally able to deal with, then limiting discussion to those items the Commmission is able to deal with. 4. CONSENT ITEMS -None - Planning Commission Minutes October 15,1997 Page 2 5. PUBLIC HEARINGS A. Wal-Mart's Fvst Addition Community Developrnerrt Director Rick Kelley provided background on the project, explained the order and content of the project presentation, then. introduced Ray Frankenberg, site engineer representing Wal-Mart. Frankenberg described the proposed 127,185 s.f. store with garden center and fire Tube express ('TLE). He explained the screening to be esed: landscaped berms at increased height (6 ft) azound the gazden center azea; a 10-ft wall to screen the TLE; 12-ft walls to screen the truck entrance and storage of unitized trailers, pallets and bales; and an 8-ft berm on the west side along 147th Street. He went onto say there would be a stop sign at the internal entraece from County Road 42 (CR 42}. Frankenberg distributed color guides to show the proposed colors, plus tan alternatives; of the bedding. The brick type throughout the middle of the building is split faced. Oberg posed several questions regarding the number of trailers to be used for seasonal storage, the number of delivery trucks and tunes of arrival; projected customer count; tree heights on berms, future development of the lot, and lighting. Frankenberg responded. Approximately 10 storage trailers would be utilized October through the Chrishnas season, about half of which aze used for layaways. He stated this is done in all their stoles and minimi ~~ the danger posed by tall stacks of inventory. Truck deliveries occur throughout the day, peaking at 15-20 per day and averaging 10 per day. Because stocking the shelves occurs 24 hours a day, Wal-Mart does not want to rule out the possibility of a 24-hour store. Standard hours of operation are 8 AM-10 PM. Customer count is estimated at 4,000 to 5,000 per day. Berm landscaping includes evergreens 6, 8 and 10 feet tall. As to future development of the peripheral lots, which Wal-Mart will own, any type of business that is permitted will be sought by Wal-Mart's real estate division. Lighting consists of a shoe box type so that 1-4 foot-candles are projected down. Frankenberg will provide photouietiics for staffreview. Gowling asked about truck height and whether a 12-foot screening wall is adequate; whether building materials meet city standards; the types and spacing of trees and shrubs; and how many doors in the TLE. An audience member said trucks aze a maximum of 13 1/2 feet high. Fr~ankenburg stated a 12- foot wall made of concrete or brick should be adequate since the trucks will be a distance from the wall itself which further reduces their visibility from the street. Kelley stated city code requires the building be primarily masonry construction. A request for samples of the proposed building materials was made so they could be reviewed by staff prior to the next meeting, and viewed by the Commission at the next meeting as well. Frankenberg enumerated the species and numbers of shrubs. He stated the trees are planted in clumps with the shrubs and are spaced between lights so as not to cast shadows in the parking lot. He clarified there are six doors in the TLE, three on each side of the building appendage. Planning Comrrrission Minutes October 15,1997 Page 3 The Planning Commission made several requests throughout the heaving for infom~ation to be brought to the next meeting, including, from Wa1-Mart: detailed drawings of the screening walls and any alterxratives to avoid a "prison" look; the number of parking spaces at the Wal-Mart in F_agazr; clarification of Wal-Mart's customer count estimates and trips per day; from staff: examples of other azeas where screening walls or storage trailers have been used; provisions for snow removal on the site; any provisions for guest pazking in the townhome development on 147th Street and follow-up to garbage trucks backing oxrto 147th Street at that location; from traffic consultant Van Wormer: a simplified table or illustration showing number of cars on each road, current and projected, along with road capacities; verify traffic projections are based on development of all four lots (Wal-Mart and three others); comparison of traffic projections at Fischer Mazketplace for a similazly sized store to the projections for Wal-Mart. Clazk wanted to know what guarantees Wal-Mart has to assure no degradation of surrounding property values and of Apple Valley as a whole will occur because of Wal-Mart. Frankenburg responded that Wal-Mart is doing what they can with terming and other measures. He said city controls such as the site plan review process also contribute to the protection of cihy standards. Nagler asked for clarification regazding tmclc traffic and pazking spaces. She also expressed concern that an addition to the store could be approved by staff without review by the Planning Commission and City Council. She later went on to say she felt traffic flow within the pazking lot lent itself to potentially dangerous situations. Nagler also requested a copy of the planned development ordinance. Frankenburg stated flat Wal-Mart tracks will not exit onto 147th to the west, but will use Pennock. Some vendor trucks may choose to go west on 147th, but will quickly be diswuraged from repeating that pattern by the difficulty in accessing CR 42. He said that Wal-Mart used to build lazger parking lots, but through experience lave found 5-5 1/2 spaces/1000 square feet of store space is optimum. He also clarified that wrought iron fencing would be installed around the gazden sales azea. He did not know whether or not an addition to the building would require action by the Planning Commission. City Attorney Mike Dougherty said Wal-Mart could agree to review of any future expansion via a statement to that effect in the development agreemern. He also clarified that a conditional use permit was required for outdoor storage in any trailers or unitized compartments. Edgeton stated flat because of Wal-Mart's exposure to streets on all sides, all four sides should be treated as fronts as required by the zoning ordinance. Oberg asked about the restriction contained in the planned development of the number of peripheral lots. Kelley clazified that Bachman's is considered its own center because of its size and is not a peripheral use within the planned developmeffi. Wal-Mart also would be its own center. Growling asked if the cart corrals were accounted for in the calculation of pazking spaces. Frankenburg replied that they were not. In response to Clark's concerns as to future access to CR 42, Fdgeton stated she and Kelley were members of the 42 Corridor Study Committees, and that existing accesses would not change. Only new access points would be affected by any changes the county may adopt. Planning Commission Minutes October 15, 1997 Page 4 Dougherty stated the Plamiing Commission is being asked to act on four items in relation to Wal-Mart's application: (1) prelirniuary plat; (2) conditional use pemrit for outdoor storage/display/sales for trailers in the reaz and the three yazd and gazden azeas; (3) variance for bays in the TLE; (4) site plan and building pernut authorization. Oberg asked Frankenburg what hardship is claimed for a variance. Frankenburg said Wal- Mart would be asked not to do something they do in all their other stores. Traffic Consultant Glen Van Wormer defined trips per day (2 trips per customer: 1 trip in, 1 trip out) and discussed traffic projections and circulation for the project. He noted the wrong diagram was inadvertently included in the Commission packets, and displayed the correct "Peak Hour" diagram on an overhead. Projections were based on 2 of the 3 peripheral lots developed as retail, along with Wal- Mart. Van Wormer suggested that traffic signals on Pennock could be coordinated to contribute to smooth traffic flow. Other possibilities include placing an island at Hauen Drive to restrict left toms. There aze no plans at this time for a signal at 147th Street and CR 42. Chair Edgeton called for a recess at 9:05 p.m. The meeting was reconvened at 9:15 p.m., at which time comments from the public were taken. John Bergman of 14691 Guthrie Avenue, representing a group of Apple Valley residents, presented packets to the Plaxurirrg Commission, which included a letter stating their concerns and pictures of other Wal-Mart stores. Bergman read the letter into the record. He also stated that Mike Gazdner, representing Wal-Mart, had recently declined an offer to locate in the proposed Fischer Marketplace because of customer traffic patterns. Clark asked staffto verify the statement that. Eagan and Lakeville had turned down Wal-Mart's request for outdoor storage. Marcie Lovejoy of 14718 Gutluie Avenue stated the increased noise and the ongoing sight of trailers would min their quality of life. Doug Allen of 7930 Upper 145th Street referenced statistics from Independent School District # 196 indicating the large numbers of children in the immediate azea. Elementary schools which let out azound 3:50 p.m. directly conflict with peak times at the proposed store. Pat Galligan of 7967 Upper 146th Street emphasized the most important wncern should be the children. Current driving patterns indicate Guthrie and 147th Street are used as a shortcut to the high school, and that will only get worse. Anne Larson of 14669 Harrington Place said assurances were received from the city ,such as restricted hours, when the site was approved for commercial development. If things aren't kept up, she is concerned about enforcement. She also wondered about provisions for snow removal. Mike Romanov of 15816 Griffon Path said he moved to Apple Valley because it was a community developing a center. He expressed the following concerns: 1) the need to stipulate any expansion go through the Pkuming Commission again; 2) additional traffic on Pennock; 3) temporary storage of trailers, etc; 4) parking; 5) hours of operation. He urged the Cormmission to reject the conditional uses. Planning Commission Minutes October 15, 1997 Page 5 John Hessl of 164 Strese Circle said he heard the city's hands are tied and gave examples of ways the city has imposed controls in previous situations relating to the electrical substation and the former Minnehaha Falls Nursery site on Cedar Avenue. There are ways to address concerns, he said. Paul Coufal of 886 Redwood Drive said that small business is important. He would like to see a start of strip malls instead of a big business. Michael Solum of 7963 147th Street said the first thing he did after moving here was to find ahemate routes during peak hours. Others (repeat customers of Wal-Mart) will do the same. He expressed concem that parking would be prohibited on 147th Street in the fixture, and stated there was no on-site parldug for guests in his townhome development. He also said if Wat-mart comes in, Kmart. will probably die. Bob Larson of 14669 Harrington Place asked why a variance is necessary for building materials, and if this building is really a valid application to the zoning. Rollie Crawford, representing the Estate of Richard Winkler, stated an approved planned development applies to this parcel. This proposal meets all the requirements of the caning ordinance and the pkumed development. All property owners have a right to rely on these things. The property owner of this pazcel has made attempts to attract businesses like the Galleria. Wal-Mart has been the first serious taker, and is a good business for Apple Valley. Rich Vance of 15756 Highview Drive said he's seen many businesses closed in other cities when Wal-Mart opened. Safety, lifestyle and economic issues are all concerns ofhis. Chair Edgeton announced a letter from Craig Minea, Managing General Partner of Apple Valley Square Shopping Center, was available for review. She read from the letter. "I am in favor of the Super Wal-Mart. Even though it will probably impact us short-temr, in the long nxn it will improve the competitive position of the intersection." Steve Boice of 14443 Glenda Drive stated his concern that Pennock be used as a main artery and asked if there were any plans to widen Pennock Avenue. Maurie Wohlers of 14359 Garland Avenue indicated that there are high standards in Apple Valley, and that Wal-Mart will need to provide good benefits, wages, etc. to maintain those standards for itself and its employees. Paul Coufal said the public hearing notification sign should be lazger. Dawn Brady of 14700 Guthrie Avenue said to be sure employee pazking is included in the review ofthe project. Chair Edgeton closed the public hearing at 10:30 p.m. Oberg read from Dougherty's memo of July 21, 1997. "the decision concerning the site plan is not whether the proposed uses should be allowed to exist, but rather does the layout maximi ~e the City's interest in the public healdx, safety and welfare. Oberg stated the Cormmission s ultimate duty is to best Planning Commission Minutes October 15, 1997 Page 6 serve the heahh, safety and welfire issues of the city. He requested a legal opinion of whether that is tme, and also what parameters does the Commission have in ovemding previous decisions to fulfill that. 6. LAND USE/ACTION ITEMS A. Site Plan/Building Permit Authorization for Dakota Dental Clinic Assistant Planner Kathy Bodmer iutroduced the request, then deferred to the petitioner. Dr. Shelley Wakefield has operated a general dentistry practice since 1983 in Lakeville. Street improvements made in recent years have hindered access to her cuneut practice, and she is now excited to relocate to Apple Valley. Wakefield asked if there were any plans to make Pennock Avenue aone- way street or to restrict access in the future. Staff responded that it is possible that on-street parking may be limited sometime to certain segments of Pennock, but the other scenarios questioned were not being considered. Bodmer expkuned the process the city follows to activate proof-of parking. Cazl Robertson, the architect for the pioject, said if the proofof- pazking were activated, that portion would be used for employee parking with access on the southeast. Dr. Wakefield pointed out that there are a limited number of dental chairs, so the number of buildurg occupants does not fluctuate a great deal as compared to a retail shopping situation. MOTION: Clark moved, seconded by Nagler, to recommend approval of the site pkur and building permit authorization, subject to staff's recommendations. Motion carried 5-0. B. Frontyard Setback Variance for Dining Porch at Famous Dave's Assistart Planner Tom Lovelace introduced the item. Clark asked if the proposed porch increases the number of seats, which would impact the parking requirements, and whether we have allowed similar encroachments in the past. Staff said the number of seats is not being increased, and other businesses along 147th Street have been allowed to encroach. Chair Edgeton pointed out that the Downtown Design Guidelines encourage patios and the like. Discussion revealed that the porch would in fact be further back than the Greenstreets deck had been, so the site line would remain cleaz. MOTION: Clark moved; seconded by Nagler, to recommend approval of the front yard budding setback variance because the existing stmcture on the property is an undue hazdship that was not created by the applicant, and the granting of the variance will not alter the essential character of the azea. Motion carried 5-0. Planning Commission Minutes October 15, 1997 Page 7 7. OTHER BUSINESS A. Zoning Ordinance Amendment -Mobile Home Parks as Conditional Use in All Multi-Family and Duplex Zones Kelley provided a verbal update, stating that during the 1996-971egislative session a statute was adopted under the pretense of trying to address affordable housing situations. Mobile home pazks aze now considered a conditional use in any zoning district that allows two or more dwellings. If no change is made to our city ordinance to establish criteria for a conditional use permit, it will essentially become a permitted use. Staff will come back with suggested criteria for an ordinance amendmeirt, and at that time ask that a public hearing be set. 8. ADJOURNMENT MOTION: Oberg moved, seconded by Clark, to adjourn the meeting. Motion carried 5-0. Meeting adjourned at 11:00 p.m.