HomeMy WebLinkAbout02/01/2006CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
FEBRUARY 1, 2006
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to Order by Chair Tom
Melander at 7:00 p.m.
Members Present: Tom Melander, Keith Diekmann, Jeannine Churchill, Thomas Helgeson,
and Frank Blundetto
Members Absent: David Schindler and Tim Burke
Staff Present: Acting Community Development Director Tom Lovelace, City Attorney
Sharon Hills, Associate City Planner Margaret Dykes, Assistant City Engineer Colin
Manson, and Planning Intern Jeff Thomson
Chair Melander introduced himself as the newly elected Chair of the Planning Commission.
Melander also thanked Karen Edgeton, the Commission's previous Chair, for all of her hard
work during her tenure on the Commission.
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the Agenda. There being none, he called
for approval of the Agenda.
MOTION: Commissioner Churchill moved, seconded by Helgeson, to approve the amended
Agenda. The motion carried 5-0.
3. APPROVAL OF MINUTES OF JANUARY 18, 2006
Chair Melander asked if there were any changes to the minutes. There being none, he called
for approval of the minutes.
MOTION: Commissioner Churchill moved, seconded by Diekmann, to approve the minutes
of the January 18, 2006 meeting. The motion carried 5-0.
4. CONSENT ITEMS
None.
5. PUBLIC HEARINGS
None.
6. LAND USE/ACTION ITEMS
A. CVS Pharmacy -Consider Rezoning, Conditional Use Permit (CUP), Site Plan
Building Permit Authorization, and a Building Setback Variance for a Proposed
12,900 sq. ft. Drugstore with aDrive-thru Window
Associate City Planner Margaret Dykes presented the request from Mike Grossman
and Vehneir Companies for a CVS Pharmacy. The applicant is requesting a
rezoning amendment from "GB" (General Business) to "RB" (Retail Business), a
condifional use permit for adrive-thru pharmacy lane, and site plan/building permit
authorization fora 12,900 sq. ft. one-story CVS Pharmacy.
Dykes reported that the site lies within the confines of Downtown Apple Valley and
is currently zoned "GB" (General Business) which is a district "designed for heavy
uses and those businesses which tend to serve other businesses and industry as well
as residents. The applicant is requesting a rezoning of both lots from "GB" to "RB"
(Retail Business), which is a zoning district for those "...areas which are centrally
located to serve the need for general retail sales." The site was previously zoned
"PD-244" (Planned Development), which is a zoning district that allows for retail
businesses until 1984 when the property owner requested a rezoning to "GB" to
accommodate a car dealership. Because the site is near the Central Village and
Fischer Market Place, staff believes the site could be rezoned again to accommodate
retail sales. It should be noted that the City is not obligated to grant the rezoning
request.
The applicant is also requesting a Conditional Use Permit (CUP) to allow for adrive-
thru pharmacy. The "RB" zoning district does not list adrive-thru pharmacy as a
permitted or conditional use. However, the district does allow restaurants with
drive-thru windows as a conditional use. The City Attorney has stated that the
applicant must request that the City make a determination that adrive-thru pharmacy
is a similar use as s drive-thru restaurant If the City determines that the uses are
similar, then a CUP could be issued for the drive-thru pharmacy.
The City's Traffic Engineer reviewed the revised site plan and has concerns about
the location of the drive-thru. It cannot be accessed from the driveways off 151st
Street West and it should be relocated so that the lanes are north south.
The revised plan shows a 12,900 sq. ft. one-story pharmacy with adrive-thru
window for pharmacy pick-up. The main entrance to the building is now located on
the northeast corner. The building meets all setbacks and a variance is no longer
needed. The pharmacy use requires 73 parking spaces and 80 are shown on the plan.
Some of the parking spaces may need to be removed or relocated per the comments
of the traffic engineer.
The drive-thm window is located on the southwest corner of the building. The drive-
thru lane snakes around the west side. The drive-thnz lane could accommodate the
stacking of 4 cars, which is similar to other drive-thru pharrnacies. The loading dock
is now located on the south end of the building. The applicant states that truck
deliveries could be made early in the morning to limit conflicts. The garbage
enclosure is now located on the west side of the building, which should reduce
potential conflicts between the garbage, the drive-thnr and the loading area.
However, staff is concerned about potential conflicts between cars entering the site
from the driveway access of 151x` Street W. and those leaving the drive-thru. The
City's traffic engineer has concerns about the easternmost driveway accessing 151St
Street West. He states the median on 1515` Street W. must be lengthened to restrict
access on the driveway to right-in/right-out only. He is concerned that the current
location of the drive-thrn may create conflicts on the site. The drive-thrn can only be
accessed from traffic that enters the site from Galaxie Avenue. Traffic entering from
either 151St Street entrance will have to attempt turinng movements that are difficult.
He states that the drive-thrn should be located to the west side of the building and the
garbage enclosure relocated. The garbage enclosure could be relocated to the
southeast area of the lot. The parking spaces could be relocated to the south side of
the building.
The City Engineer reviewed the plan and has serious concerns about site drainage.
The most serious concern is the lack of stormwater infiltration and potential ponding
in the parking lot. City code requires a stormwater infiltration area that will
accommodate the first %2 inch of any rainfall event. In addition, the site is graded
such that stormwater above the first %2" rainfall will ponding in the driveway and
parking lot. This is not acceptable.
The Natural Resources Coordinator reviewed the revised landscaping plan and
recommended some changes in the tree species. Otherwise, he had no outstanding
concerns.
The revised elevations appear to show that the building will be constructed of yellow
EFIS and red brick, though it is not indicated on the plan. The plan shows the use of
windows and some banding in the. brick, but staff is recommending that at least one
additional face material, such as stone, be used on the four sides of the building to
create more interest.
The Fire Marshal reviewed the plan and determined that an additional fire hydrant
must be added to the site. Any future building in this area will require the additional
hydrant because the future building cannot be served by the existing hydrants.
The revised site plan shows a possible site layout of a future building on lot west of
the proposed CVS. The site plan indicates a 10,800 sq. ft. building on the north end
of the lot. The building does not meet setback from the east property line. The
parking lot would require cross-parking and cross-access easements. The City
Engineer is also concemed that there is not enough greenspace to accommodate site
drainage for this future development. Commissioner Diekmann also voiced concerns
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about traffic entering from 151 s~ Street without future development of the existing
site.
Dykes stated that staff is concerned that there are enough outstanding issues on the
site to warrant a reworking of the plans by the applicant for further review.
However, if the Planning Commission could recommend approval of the proposal
with a number of conditions listed in staff's report.
Chair Melander stated that he appreciates all of the hard work CVS has done revising
the plans. Melander asked if the plan could go through without a rezoning. Dykes
responded that a rezoning would be necessary in order for the plan to proceed. Chair
Melander suggested that the Planning Commission first be surveyed as to whether or
not they are in favor of the rezoning. Commissioner Churchill stated that she feels
that rezoning the. site back to retail would be a good move. The consensus of the
Planning Commission was that the members are in favor of rezoning the property.
Commissioner Blundetto stated that he likes the drive-thru located on the southwest
corner and would not like the trash pushed closer toward Galaxie. He suggested
making the drive-thru on Galaxie an "exit only". Jim Lavelle, representing the
applicant, stated that he is in favor of restricting the access point to a "right out only"
and leave the drive-thrn as proposed on the plan. He would also like to keep the
trash in the proposed location.
Commissioner Blundetto further stated that he actually prefers the original plan that
CVS submitted and feels that it is the best plan. Chair Melander stated that revised
plans submitted by the applicant were generated by comments and feedback from the
Planning Commission. Cormissioner Churchill stated that the Commission had a
lot of problems with the first plan and recommended that the applicant revise the
plan. The Commission was looking for something that "invited" people to shop in
the area.
Commissioner Diekmann thanked CVS for their efforts in revising the plan and he
feels that this plan is the best although further work could be done to improve the
drive-thru.
Lavelle stated that he disagrees with the Traffic Consultant's comments and wanted
to know how the Traffic Consultant could make such comments without doing a full
traffic study.
Commissioner Helgeson is in favor of the latest plan and feels that staff could work
through the drive-thru issues with the applicant.
In regard to staffs comments about a third building material being used, Lavelle
pointed out that stone banding is indicated on the plan as a third building material.
After discussing the plan, the Commission felt that the remaining issues could be
worked out with staff. The Commission felt comfortable proceeding with a
recommendation.
MOTION: Commissioner Churchill moved, seconded by Helgeson, to recommend
approval of a rezoning of Lot 1, Block 1, Southport First Addition, and Lot 1, Block
1, Southport Third Addition, from "GB" (General Business) to "RB" (Retail
Business. The motion carried 5-0.
MOTION: Commissioner Churchill moved, seconded by Helgeson, to recommend
approval that the drive-thru for a pharmacy is a similar use to a drive-thru for a Class
II restaurant, which is a conditional use subject to permit in the "RB" zoning district.
The motion carried 5-0.
MOTION: Commissioner Churchill moved, seconded by Helgeson, to recommend
approval of a Conditional Use Permit for adrive-thnx pharmacy window and drive
lane to be located on Lot 1, Block 1, Southport First Addition, subject to staff's
approval. The motion carved 5-0.
MOTION: Commissioner Churchill moved, seconded by Helgeson, to recommend
approval of site plan building permit authorization for an approximately 13,000 sq.
ft. one-story pharmacy to be located on Lot 1, Block 1, Southport First Addition,
subject to the following conditions:
• All deliveries using the loading area shall be made before 7 a.m.,
Monday -Friday.
• The petitioner shall submit a nursery bid list at the time of application
for the building permit that confirms the live landscape materials
(excluding sod, mulch, etc.) shall equal or exceed 2.5% of the cost of
building materials based on Means Construction Data.
• Any existing trees removed-shall be replaced at a 1:1 ratio.
• The site and grading plans shall be revised to address the concerns of
the City Engineer's memo dated January 26, 2006, including the
construction of adequate on-site stonnwater infiltration areas.
• Any damage to City infrastructure, e.g. the Ring Route bollards, shall
be repaired at the property owner's expense.
• Afire hydrant must be installed on the northwest side of the subject
property to ensure adequate service for any future buildings.
• The eastern-most driveway accessing 151st Street West must be
configured so that it is right-in/right-out only. The median in 1.51 st
Street West should be lengthened to create this configuration.
• The applicant shall reconfigure the parking spaces located on the west
side of the building so that they do not conflict with any drive-thru
lanes or windows.
• Any necessary utilities for future development on Lot 1, Block 1,
Southport Third Addition shall be installed during the construction of
the subject building.
• -The existing driveway on Galaxie Avenue shall be eliminated.
• Curb and gutter along Galaxie Avenue shall be installed.
The motion carved 4-Q with Commission Blundetto opposed.
OTHER BUSINESS
A. The Village At Founders Circle (formerly Harmony Commons) Sketch Plan -
Review and Discussion of Proposed Revisions to the Harmony Commons
Mixed-use Project
Associate City Planner Margaret Dykes presented a sketch plan review from
Pedersen Ventures for amixed-use development to be located southeast of the
intersection of 152nd Street West and Garrett Avenue. The subject site is part of the
Central Village Plan and was formerly known as Harmony Commons.
Dykes reported that the development is part of the Central Village Plan, which was
adopted by the City to use mixed-use development and increased residential density
to create a vibrant, livable urban area adjacent to the Ring Route. The sketch plan
presented meets the goals of the Central Village Plan with regard to the multi-use,
multi-story buildings, the provisions of underground parking, internal pathways and
plaza, the splitting of 153rd Street and Founder Lane, and the reduced setbacks of the
buildings.
Dykes reported the property is currently platted into 4 outlots. The property owner
intends to plat the property into lots and blocks. The applicant will submit a
preliminary plat for The Village at Founders Circle for review at a future date. The
property owner must dedicate right-of--way for Founders Lane, and any additional
ROW in 153rd Street W. necessary for the proposed roundabout.
The sketch plan shows approximately 125,800 sq. ft. of retail space, 495 apartments
and/or condominiums, some of which will be located above the retail space, and a 78
room hotel.
Dykes reported that the street layout had changed slightly. The alignment of
Founders Lane and 153`d Street W. has remained the same, but there is now a
roundabout where the two streets split. The City's traffic consultant has indicated
that the roundabout will require further analysis with respect to spacing, stacking,
etc., but feels it can be made to work. A new north/south street will connect the
roundabout to 152"d Street W. This street must be apublicright-of--way.
The bulk of the approximately 126,000 sq. ft. of retail is located along the north side
of 153rd Street W., and on both sides of Founders Lane. The buildings will be 3-4
stories high. Most of the retail appears to beneighborhood-oriented, which is
consistent with the Central Village Plan. The triangle piece (formerly Landmark
Corner) will have 3 mixed use buildings on the site, similar to the design proposed
for Harmony Commons. Retail uses and possibly a bank will be located on the street
level and 304 stories of condominiums will be located above the retail. This is
different from the plan previously approved. There will still be an underground
garage with 380 spaces, but now the surface parking deck will be covered and will
have 190 spaces. The 78-room Grandstay Hotel, which was to have been
constructed on the Landmark Corner, has been relocated to a proposed lot north of
the Triangle. The hotel is now on its own lot.
The sketch plan shows 495 apartments and/or condominiums constructed on the site.
Approximately 200 of these units will be located in three residential-only buildings
and the remaining 300 or so will be located above the commercial space, which is
consistent with the goals of the Central Village Plan. Buildings 1, 2, and 8, located
on the corner of 152"d Street W., will be exclusively residential. These buildings will
have garages and surface parking for guests. Access to the surface parking lots will
be from a private drive that connects Garrett Avenue with the private street west of
Culvers/Galaxie Commons. Building 8 is located on current City stormwater
ponding property and will require a land exchange between the City and Pedersen
Ventures.
An existing City-owned stormwater pond is located on an 8-acre parcel south of the
subject property, known as the Winkler pond. Aland exchange must occur if the
proposal is to proceed because the plan shows the construction of residential units on
City property and the use of the applicant's existing property for stormwater
retention. In 2005, the City had begun the land exchange process for the Harmony
Commons development. It is staff's understanding that the land exchange never
occurred and the process was halted at the request of the property owner. Staff
believes that a land exchange could occur to accommodate the proposed
development since the Planning Commission determined that the original land
exchange request was consistent with the City's Comprehensive Plan. The
stormwater pond's storage capacity must be maintained and an equal land area must
be swapped. The City cannot approve any platting of the property until the land
exchange for the stormwater property has occurred. A Storm Sewer District
agreement will also be necessary for the on-going maintenance of the stormwater
pond.
Dykes reported that the sketch plan states that the development will require 1,612
parking spaces. The plan indicates there will be 1,603 off-street parking spaces
located either in garages or on parking surfaces. Dykes stated that with the addition
of on-street parking on the public roads, staff is comfortable that there will be
adequate parking for the proposed development. The Grandstay Hotel will not have
an underground garage but will have adequate surface parking. The surface parking
fields located in the development appear to be apportioned among the various
buildings and appear to be screened and softened as required by the Central Village
Plan.
Dykes stated that overall the revised plan is similar to the original plan in regards
stormwater, utilities, phasing in, etc. Chair Melander stated that he likes the water
features and the roundabouts. Commissioner Helgeson asked if the roundabout
proposed is two lanes. Dykes responded that the roundabout is two lanes.
Commissioner Helgeson is concerned about potential traffic conflicts with a two lane
round about.
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Commissioner Helgeson asked if the water features will be maintained year-round.
Colin Manson, the City's Engineer, stated that the water features should be
maintained at all times. Commissioner Helgeson stated that the plan looks
outstanding and would be a plus for the City.
Chris Carda and Scott England, representing the applicant, addressed the
Commission. Helgeson asked what happened to Building 8 that was on the
previously approved plan. England stated that there is no longer a Building 8
because of the storm water management. Helgeson asked how long it would take to
build out this plan. England stated that the applicant does not have a definitive time
for completion of the project but would like to break ground for the hotel in October
of this year.
Commissioner Helgeson asked how the boulevard and roundabout would be phased
in. England responded that they would have to be constructed during the first phase
of the project.
Commissioner Churchill stated that she is very impressed. with the revised plan and
that it is a big improvement over the prior plan. Churchill stated that she is
concemed with the on-going traffic conflicts that the City continues to have at the
Post Office location. Dykes responded that staff will be addressing this issue.
Commissioner Diekmann stated that he is concerned that there might not be adequate
room to construct Building 7 due to the location of the ponding.
Commissioner Blundetto stated that this is a great project and that he would like to
see more restaurants and head of household jobs in the area. Chair Melander
concurred.
In closing comments, Dykes added that the City's Fire Chief had concerns about the
building height being 5 stories. Dykes also added that the City's Public Works
Director had issues with the public art indicated on the plan. The Commission stated
that they would like to see public art worked into the plan.
B. Grand Slam Sketch Plan -Review and Discussion of Potential Commercial
Recreation Building
Planning Intern Jeff Thomson presented a sketch plan from Grand Slam for a
proposed 31,200 sq. ft. commercial recreation building.
Thomson reported that the site is located northeast of 147th Street and Foliage
Avenue at 146th Street. The site plan shows the construction of a new 31,200 sq. ft.
single story commercial building with a new access point from Foliage Avenue. The
site meets the minimum lot area and width requirements and the building meets all of
the building backsets.
Thomson reported the exterior of the building would be composed of rock face block
along the base of the wall with the balance consisting of red brick and EFIS. The
elevation drawings also show four flags atop the columns at the main entrance to the
building. All four sides of the building will have to be equally attractive and will
need to be treated as the "front" of the building, per City Code.
Thomson stated that the site is zoned "PD-646, Zone 3" (Planned Development) and
is guided in the Comprehensive Plan as "MIX" for mixed use development.
Commercial facilities are not a permitted use within the zoning district. The
permitted uses in "PD-646, Zone 3" are similar to the uses allowed in the General
Business zoning district. Commercial recreation facilities are a permitted use within
the "GB" district, and are permitted conditional uses within Zones 1 and 2 of "PD-
646", but not Zone 3. If the Planning Commission determines that the proposed use
is appropriate within the zoning district, staff will recommend that it be added as a
permitted conditional use. Thomson stated that staff believes that a conditional use
is appropriate in order to mitigate any conflict between the site and the adjacent
residential property to the north.
Thomson reported that the zoning code for "PD-646" has a section regarding special
performance standards that the site must meet. Any application for formal review by
the City will require the special performance standards as required by the zoning
code.
Thomson reported that the elevation drawings show a primary sign above the main
entrance on the southwest corner of the building, a free standing sign on Foliage
Avenue, and five building signs on the west elevation of the building. City Code
allows for one primary sign and only one building sign on both the west and south
elevations. The performance standard requirements for this zoning district allow for
a total of three freestanding pylon signs within the planned development, There are
currently three freestanding signs along County Road 42 for the Fischer Marketplace
development, therefore, the freestanding sign would not be permitted.
Commissioner Churchill asked staff if we have any traffic counts for this type of use.
Churchill recommended that staff have this available if and when the project is
formally reviewed. Churchill also wanted to know when the expansion for Flagstaff
Road will occur.
Commissioner Helgeson likes the type of business proposed and feels it would be a
good addition to the City. Helgeson added that maybe a second entrance off of
Foliage Avenue on the north end of the parking lot should be added. He further
stated that he is not opposed to adding this type of use as a conditional use permit in
"PD-646, Zone 3". Helgeson would also like to see staff consider sign revisions
worked out with staff. He feels this would be a good amenity for Apple Valley.
John Bender, the owner of Grand Slam, stated that the business is currently located
in Eagan and that he is relocating the business due eminent domain. He stated that
Monday through Thursday the business is usually slow. The busiest times are on
Friday, Saturday and Sunday.
Commissioner Blundetto asked about hours of operation. Bender responded that
hours of operation are from 10 am through 10 pm Sunday through Thursday, and 10
am through 12 midnight Friday and Saturday. Blundetto informed Bender that he
has some concerns with parking, i.e., how would a bus be able to pazk in the lot.
Blundetto would also like staff to .give a breakdown of the traffic impact.
Commissioner Diekmann likes the use of the building and would be in favor of
adding it as a conditional use. Chair Melander added that it would be a nice use for
the site and would be a good asset to the community, especially for youth.
Thomson stated that no action is necessary. The applicant is primarily getting
feedback before proceeding with the project.
8. ADJOURNMENT
MOTION: Commissioner Churchill moved, seconded by Helgeson, to adjourn the meeting
at 8:43 p.m.
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