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HomeMy WebLinkAbout05/21/2003CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 21, 2003 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Karen Edgeton at 7:00 p.m. Members Present: Karen Edgeton, James Hadley, Alan Duff, and Tom Melander Members Absent: Jeannine Churchill, Tim Burke, and David Schindler Staff Present: City Planner Tom Lovelace, City Attorney Sharon Hills, Assistant Planner Kathy Bodmer, Assistant Planner Margaret Milton Dykes, and Assistant City Engineer Jacob Fick. 2. APPROVAL OF AGENDA Edgeton asked if there were any changes to the Agenda. There being none, she called for its approval. MOTION: Hadley moved, seconded by Melander, to approve the Agenda. The motion carried 4-0. 3. APPROVAL OF MINUTES OF MAY 7, 2003 Edgeton asked if there were any changes to the minutes. There being none, she called for their approval. MOTION: Hadley moved, seconded by Duff, to approve the minutes. The motion carried 4-0. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS A. Krispy Kreme -Amend Planned Development Zoning Ordinance, Replat Outlot G, Fischer Market Place, and Site Plan Review fora 4,693 sq. ft. RestaurantBakery on 1.6 Acre Site Chair Edgeton opened the public hearing with the standard comments. Tom Lovelace, City Planner, presented the request from Krispy Kreme Bakery for consideration of amendments to Planned Development 646 to allow for a drive up window in conjunction with a bakery, changes to the permitted signage within the development, and site plan review for a proposed 4,693 sq. ft. Krispy Kreme bakery with adrive-thru window on 1.65 acres of a 3.99 acre outlot in the Fischer Market Place development. Lovelace reported the site is located at the intersection of County Road #42 and Flagstaff Avenue, in the southeast corner of the development. The existing outlot would be subdivided into 2 lots for the purpose of constructing the Krispy Kreme bakery and future construction of 15,190 sq. ft. retail building. Lovelace reported 43 parking spaces are proposed for the bakery site and 138 spaces for the future retail building. It appears that both lots will have access to each other's pazking spaces and driveways. Commissioner Melander asked Lovelace what formula he used in calculating the parking. Lovelace stated that he calculated the parking based on a retail use for the future retail building. The Commission requested Lovelace to double-check the parking calculations for the proposed bakery and the future retail building, keeping in mind if another restaurant in the future were to take over the bakery. Lovelace reported the property is located in Planned Development No. 646, Zone 2. A bakery operation with adrive-thru window, as proposed, would not meet current regulations in this ordinance. The petitioner is, therefore, requesting an amendment to allow for drive-thru window service. Chair Edgeton requested Lovelace make available the number of cars that can be stacked in the drive-thru. In addition, the petitioner also seeks an amendment to approve the master sign plan to allow the sign changes as proposed. Chair Edgeton asked if the signage would require a variance. Lovelace responded that variances are not allowed within a planned development and that an amendment to the ordinance would be required for the sign and to allow adrive-through window in conjunction with a bakery type use. Chair Edgeton inquired as to why the planned development ordinance had to be amended. Lovelace responded that it is part of a master sign plan and basically is a housekeeping issue. Commissioner Duff inquired as to whether an amendment was necessary when Sam's or Menazd's sign was installed. Lovelace stated that no amendment was necessary with Sam's or Menard's sign. Access to both lots will be along Florence Trail, a local street located along the north side of the property. Lovelace stated that Glen Van Wormer, the City's Traffic Consultant, identified several concerns as part of his traffic review which aze outlined in a letter to the Commission. Van Wormer addressed the Commission and discussed his concerns. Van Wormer performed traffic counts at the proposed site. He is concerned that the Krispy Kreme customer traffic on Saturday and Sunday mornings will conflict with the adjacent Menazd's customer traffic and the traffic from the other nearby businesses. He also included several options to attempt to reduce the impact of the traffic problems. Of the options 2 presented, Van Wormer stated that the best option would be to widen Florence Trail to provide parallel eastbound and westbound left tum lanes between Flagstaff Avenue and the curves to the west of the Krispy Kreme driveway. However, with this option, the City would need an additional 8 feet of right-of- way. Chair Edgeton asked if the option of installing a stop sign or signal light would help. Van Wormer stated that a 4-way stop wouldn't work because it would be too close to the intersection and when calculations were run to determine if a signal light might be an option, it actually resulted in worse traffic back up. Dennis Tristler, representing Krispy Kreme, addressed the Commission. Tristler stated that the bakery would be open seven days a week, 24 hours a day. He stated they would have seating for 56 people but indicated that very few people eat in. Deliveries will be made only once a week during non-peak hours. Tristler also felt they made major improvements in regards to the proposed signage. Tristler stated that he is willing to work with the City regazding any traffic issues. Commissioner Duff asked Tristler if he had learned anything from the operation of previous sites, in particulaz the Maple Grove bakery. Tristler stated that he did not feel that traffic would be an issue at the Apple Valley site as it was with the Maple Grove site. Chair Edgeton asked if anyone from the public were present to speak and if so, they may do so at this time. No comments were received from the public. Chair Edgeton closed the public hearing with the standard comments. B. Wal-Mart Garden Center Conditional Use Permit Amendment Chair Edgeton opened the public hearing with the standard comments. Tom Lovelace, City Planner, presented the request form Wal-Mart Real Estate Trust for consideration of an amendment to Conditional Use Permit No. 1.997-274 to allow for the expansion of an existing permanent outdoor garden center from the Wal-Mart store located at 7835 150`x' Street West. The approved CUP allowed for the construction of an 8,024 sq. ft. permanent garden store outdoor display and sales area that is enclosed by a decorative ornamental picket fence, located along the east side of the building, with a small portion extending to the west in front of the store. Lovelace reported the applicant is requesting an additiona14,306 sq. ft. to the existing outdoor permanent garden area, which would extend further to the west 109 feet. The expansion would require reconstruction of a small area in the parking lot, resulting in the loss of 2 parking spaces. The store presently has 612 pazking spaces, which is 40 spaces over the minimum required by City code. Therefore, removing 2 parking spaces would not have an adverse impact on the store's parking. Lovelace reported that reconstruction of the sidewalk in the area of the proposed expansion would be necessary and that revisions should be made in accordance with City code. The proposed addition would extend beyond an existing doorway to the building. The doorway has a decorative treatment that helps enhance the front of the building. The City's Fire Marshal and Commercial Building Inspector have expressed their concern with the potential of having product blocking a main doorway. Therefore, for both safety and aesthetic reasons, staff recommends that the 28-foot wide area in front of this doorway remain clear from the front elevation to the end of the sidewalk and should not be incorporated into the proposed expansion area. Chair Edgeton stated that in her opinion, the outdoor garden area is already congested, distracting to traffic, and is not attractive. Edgeton pointed out that there are items stored in the area that have nothing to do with gardening. Chester Canning, representing Wal-Mart, addressed the Commission and presented another site plan as an option for the Commission. Chair Edgeton informed Canning that unless the existing outdoor garden area is cleaned up, she will not support an expansion of any kind. Commissioner Melander suggested that Wal-Mart look into off-site storage for their products rather than storing inventory outside in the garden center. Commissioner Hadley suggested getting rid of the wrought iron fence and replacing it with brick or block walls to improve the aesthetics of the building. In addition, a brick wall would prevent the stored products from being seen by the public. Steve Horsch, the current manager of Wal-Mart, introduced himself to the Commission. Horsch stated that he is the new manager of Wal-Mart and has been in the position for seven weeks. He informed the Commission that he is committed to being a good neighbor and will address the issues and concerns brought forth tonight. Chair Edgeton asked if anyone from the public were present to speak and if so, they may do so at this time. No comments were received from the public. Chair Edgeton closed the public hearing with the standard comments. C. Knob Ridge Business Park Addition -Rezoning of the South 65 Feet from "A" (Agricultural) to "BP" (Business Park) Chair Edgeton opened the public hearing with the standard remarks. Tom Lovelace, City Planner, presented the request from the City of Apple Valley, for consideration of rezoning the south 65 feet of Lot 39 of the Knob Ridge Business Park, athirty-nine (39) lot commercial subdivision located in the Valley Business Park development from "A" (Agricultural) to "BP" (Business Pazk). The property is located along the north side of County Road 42, approximately mile west of Pilot Knob Road and is part of a former one-acre unplatted parcel. Lovelace reported this parcel would be used for the construction of Apple Valley Town Offices. On January 15, 2003, the Planning Commission reviewed and recommended approval of the Apple Valley Town Offices prof ect, now referred to as he Knob Ridge Business Park. On January 23, 2003, the City Council reviewed the project along with the Planning Commission's recommendation, and approved the project, subject to the rezoning of the unplatted parcel. The property is designated "IND" (Industrial) on the City's 2020 Land Use Map. Rezoning it will bring it into conformance with the approved development plan. Chair Edgeton asked if any one from the public would like to address the Commission, and if so they may do so at this time. No comments were received. Lovelace reported that normally the Commission opens the public hearing, takes comments, closes the public hearing, and defers action to the next Commission meeting. Lovelace stated that since there were no comments received from the public, staff is recommending the Planning Commission take action tonight. MOTION: Commissioner Hadley, moved, seconded by Melander, to approve the rezoning of the south 65 feet of Lot 39, Block 1, Knob Ridge Business Park. The motion passed 4-0. D. Andy's Market -Comprehensive Plan Amendment, Rezoning, Conditional Use Permit, and Site P1anBuilding Permit Authorization to Allow for a Car Wash Chair Edgeton opened the public hearing with the standard remarks. Margaret Dykes, Assistant Planner, presented the request from Andy's Mazket to construct aone-bay car wash on the north end of the existing building. The petitioner requested the following: Comprehensive plan amendment from "NS" (Neighborhood Service) to "C" (Commercial); rezoning from "NCC" (Neighborhood Commercial Center) to "RB" (Retail Business); conditional use permit for car wash facilities; site plan building permit authorization for the construction of a single-drive car wash; and a variance for driveway setback. Dykes reported that before amending the comprehensive plan, a policy question is raised as to what has changed, either the property itself or the surrounding area, to warrant an amendment to the Comprehensive Plan. During the previous sketch plan review presented by the applicant, the Commission indicated that it might consider supporting a rezoning of the property if site design issues could be resolved. The proposal meets City requirements regarding the location of car wash facilities in "12B" zones. However, when the Commission reviewed the sketch plan on Apri12, they stated that one of the conditions would be that the doors of the car wash be closed at all times including drying time. Dykes informed the petitioner that specifications and examples must be submitted for verification. Dykes reported the car wash would be located on the north side of the existing building. A 13 foot-wide drive lane for the car wash is located on the far north side of the site butting the north property line. Andy's Market has two entrances and an addifional entrance shared with Scott Park. The proposed plan shows 54 parking spaces, which would be adequate. Dykes stated that with the parking spaces in the front of the building shown at a 90-degree angle, it leaves only a 19- foot drive aisle between the gas pumps and the building. The City requires a 24- foot drive aisle for two-way traffic. Glen Van Wormer, the City's Traffic Consultant, has reviewed the plan and has several concerns he outlined in a report to the Commission. Van Wormer also addressed the Commission. Van Wormer is concerned about the circulation of traffic at the gas pumps and about how truck deliveries and trash pick-up will be accommodated. He is also concerned about the north access to the site. It is difficult for cars that use this exit to make a left turn onto Galaxie Avenue. Van Wormer and the. City's Public Works Director recommended that the north entrance be closed or modified if rezoning were granted. Dykes reported a variance is necessary for the drive lane reducing the setback from the required 15 feet to zero feet. The boulevard area on the south side of 140' Street W. is 40 feet wide, which is wider than typical for a minor arterial street, which is generally 30 feet wide. The variance is not necessary to relieve a hardship, but Dykes stated that it allows the applicant to locate a drive aisle that meets City standards and retain parking spaces on the north side of the lot. Commissioner Hadley asked about the length of the car wash. Dykes stated that she did not have the exact length but would get that information for the Commission. Commissioner Duff asked if any of the above issues could be alleviated if the car wash were detached and if there were other detached car washes in the City. Dykes stated that staff had not considered a detached car wash and there aze no detached car washes in the "RB" (Retail Business) zoning district. Commissioner Hadley suggested that putting the car wash in the back of the building might be a better fit and address some of the issues of traffic circulation. Jack Ovick, representing the applicant, stated the site plan is incorrect and the pazking in front of the building would remain diagonal as it presently is. Ovick stated that a caz wash would not be feasible in the back of the building due to the heating and ventilation system presently there. Commissioner Hadley requested staff get the distance from the proposed car wash location to the existing homes in the area and the pazk located to the west. Bob Windberg, also representing the applicant, passed out information to the Commission regarding the noise level in response to the Commission's request that the doors be closed at all times on the car wash. He indicated he did not think noise would be an issue to the surrounding neighborhood. The Commission reiterated that if this proposal were approved, one of the conditions would be that the doors are closed at all times including drying time. In summary, Chair Edgeton stated that the Commission could support the applicant's request if the issues stated above were addressed and corrected. Chair Edgeton asked if anyone from the public were present to speak and if so, they may do so at this time. No comments were received. Chair Edgeton closed the public hearing with the standazd comments. 6. LAND USE/ACTION ITEMS A. Diamond Gates -Subdivision and Building Permit Authorization for an 86 Unit Condominium Complex Kathy Bodmer, Assistant Planner, presented the request by Hesham Tobaz, for preliminary plat of Diamond Gates to create 21ots for multiple family development and site plan review building permit authorization to constmct two condominium buildings containing 43 units each for 86 total units. Bodmer reported the petitioner wishes to construct two 5-story condominium buildings on the southwest corner of Cedar Avenue and 140`h Street (4 stories of living space and 1 story of gazage above grade). The buildings would contain two levels of underground parking at a rate of 1.6 gazage spaces/unit. Surface parking would be provided at a rate of 0.7 spaces/unit making the total parking on the site 2.3 spaces/unit. City code requires 2.5 spaces/unit. Eighteen proof-of-parking spaces would be provided to bring the number ofparking spaces up to 2.5 spaces/unit. Bodmer reported that the site plan and grading plan were revised to address the issues that were raised at the public hearing on May 7, 2003. Bodmer included these issues in a written report to the Cornmission, along with staff's response. Commissioner Hadley asked how the petitioner received a density bonus for outdoor space. Bodmer responded that the private balcony and decks could be counted as a density bonus. Commissioner Melander wanted to know if the issue of car headlights shown on to Summerhill as they exit Diamond Gates had been addressed. Bodmer stated the petitioner has addressed this issue by agreeing to plant 10 evergreens that would help block the headlights. Glen Van Wormer, the City's Traffic Consultant, addressed the Commission's concerns that were raised at the public hearing regarding traffic and the slope of the garage. A letter from Van Wormer discussing these issues was also included in the Commission's packet. Bodmer stated that the proposed development is consistent with the comprehensive plan and substantially complies with the requirements of the City Code and, therefore, staff is recommending approval of the development. MOTION: Commissioner Melander moved, seconded by Hadley, to recommend approval of the preliminary plat of Diamond Gates with the following conditions: a. An eight-foot bituminous trail shall be installed along 140"' Street West and Cedar Avenue and asix-foot sidewalk shall be installed along Granite Avenue in accordance with the City's Sidewalk and Trailways plan. b. The developer shall dedicate a 13' easement behind the curb of 140th Street West for road and trailways purposes. The motion carried 4-0. MOTION: Commissioner Melander moved, seconded by Hadley to recommend approval of the site plan and give building authorization to construct two condominium buildings containing 43 units each in accordance with all applicable City ordinance requirements subject to the platting of the property and the following conditions: a. A nursery bid list shall be submitted that confines that the value of the landscape plantings meet or exceed 2-1/2 percent of the value of the construction of the building based on Means Construction Data. b. The developer shall execute aproof-of-parking agreement for 18 proof-of-parking spaces shown on the plan. c. Four -10-12' evergreens shall be provided to Summerhill to provide blocking of headlight glare from the entrance into the site. d. A variance is granted to allow the driveways to the second level parking to encroach 3.7' into the minimum 20' parking setback from Cedar Avenue. The motion carried 4-0. OTHER BUSINESS A. Wellhead Protection Comprehensive Plan Amendment -Set Public Hearing Tom Lovelace, City Planner, informed the Commission that the City Public Works has been putting together a draft Wellhead Protection Plan that address the presence of certain hazardous materials within the most sensitive groundwater recharge zones located around the municipal well fields. The document is part of the Water Supply and Distribution Plan and part of the overall Comprehensive Plan, therefore, a public hearing must be held. Members of the Planning Commission were given an Executive Summary of the Plan. MOTION: Commissioner Melander moved, seconded by Duff, to set a public hearing on June 4, 2003, to consider the draft Wellhead Protection Plan. The motion carried 4-0. 8. ADJOURNMENT MOTION: Commissioner Hadley moved, seconded by Duff, to adjourn the meeting at 9:52 p.m. with a 4-0 vote.