HomeMy WebLinkAbout10/03/2007CTI'Y OF APPLE VALLEY
PLANNING COMMISSION MINUTES
October 3, 2007
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair Jeannine
Churchill at 7:00 p.m.
Members Present: Jeannine Churchill, Tom Melander, Thomas Helgeson, Frank Blundetto, Tim
Burke and Keith Diekmann
Members Absent: David Schindler
Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace,
Associate City Planner Margaret Dykes, City Attorney Sharon Hills, Assistant City Engineer David
Bennett and Department Assistant Barbara Wolff
2. APPROVAL OF AGENDA
Chair Churchill asked if there were any changes to the agenda. There being none, she called for
approval of the agenda.
MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann to approve the
agenda. The motion carried 6-0.
3. APPROVAL OF MINUTES OF SEPTEMBER 19, 2007
Chair Churchill asked if there were any changes to the minutes. There being none, she called for
approval of the minutes.
MOTION: Commissioner Burke moved, seconded by Commissioner Melander, to recommend
approval of the minutes of the September 19, 2007 meeting. Commissioner Diekmann abstained.
The motion carried 5-0.
4. 2030 COMPREHENSIVE PLAN UPDATE/ACTIONS
Rusty Fifield from Hoisington Koegler Group, Inc. stated that he appreciates the time dedicated to
the Comprehensive Plan at the beginning of every Planning Commission meeting. The 2030
Comprehensive Plan is the guide for the future development of the community. There will be a link
on the City's website that will inform the public of updates and an online survey to solicit input
from the public. In November there will be a statement of vision cited on the website. Information
viii be updated on `u1e website as soon as possible ar`ter decisions have been made. information wiii
be made public via the website, the City's newsletter, channel 16 and printed documents made
available at City Hall.
5. CONSENT ITEM
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A. Schulz Variance -Consideration of a variance to reduce the side yard setback
from 10 ft. to 9 ft. for a house addition.
Chair Churchill announced that this is a consent item, although there is one suggested modification
to the recommendation. Request is for the roof overhang to be consistent with the existing
overhang, which is approximately 1.75 ft.
Chair Churchill, hearing no objections, asked for a motion.
MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, to approve a
variance to reduce the side yard setback from the required 10 ft. to 9 ft. for a house expansion at 453
Reflection Road as shown on the submitted plan received in City offices on August 28, 2007, due to
the location of the existing house on the subject lot, and subject to a roof overhang that is consistent
with the existing roof overhang.
6. PUBLIC HEARING
A. Discount Tire Company -Consideration of a proposed subdivision of an
existing platted lot into two lots and one outlot; and conditional use permit to
allow for service bays for automotive accessories installation in "PD-679"
(Planned Development) zoning district; and building permit authorization to
allow for construction of a 6,950 sq. ft. free-standing building on a 1.18 area lot.
City Planner Tom Lovelace stated that the petitioner is requesting approval of a proposed subdivision
of an existing 8.46 acre lot into two lots and an outlot, conditional use permit to allow for auto
installation facilities, and site plan/building permit authorization to allow for construction of a 6,950
sq. ft. tire sales and installation facility. The site is generally located at the southeast corner of 15151
Street West and Foliage Avenue and is part of the Hillcrest Acres development.
The proposed subdivision will replat an existing lot of record into two lots and one outlot. Lot 1, will
be 1.18 acres and the site of the proposed Discount Tire store and Lot 2, a 4.07 acre lot, which would
be platted for future development. The proposed 3.21 acre outlot would be the location of a portion of
an existing storm water pond. Staff always has a concern about having ponding areas in outlots,
with the major concern being ongoing maintenance of a ponding area within an outlot. Staff is
recommending that the outlot be eliminated and the ponding area be incorporated into Lot 2.
The current Comprehensive Plan 2020 Land Use Map designates the site Commercial. This request
would be in conformance with the existing map designation and the goals and policies of the Plan.
The property was recently rezoned from "PD-679/zone 2", which allows for a variety of
commerciaUretail uses to "PD-679/zone 3" including drive-through facilities as well as service bays
for the installation of auto accessories, car wash, and motor fuel sales as a conditional use permit.
The approved rezoning wiii now aiiow for a Discouni Tire io be iocated on Loi 7, subject to
conformance with the area standards and performance standards set forth in the planned development
ordinance.
Access will be via a driveway connection to an east/west private drive and a driveway connection to
the Home Depot parking lot, south of the building. Both of the new driveway connections are in
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different locations than what has been constructed. The proposed northerly driveway is
approximately 50 feet east from the existing driveway. The most southerly driveway is located
approximately 120 feet south from a current driveway.
Vehicular access to the site will require vehicles driving on property other than the lot in question.
The west half of the north/south private drive will be located on Lot 2 and the drive access south of
the building intersects with a drive aisle located on the Home Depot property. Agreements that will
allow for vehicular access via the private drive from the lots located east and west of the site will need
to be executed prior to issuance of any building permit.
The site has been graded as part of the mass grading for the Hillcrest Acres/Home Depot
development. Therefore, minimal grading to accommodate the proposed building and parking lot
will be needed prior to construction. All necessary municipal utilities to serve the building are
available by means of service connections to existing water main, storm and sanitary sewer lines
located within the Hillcrest Acres development. The Engineer has no outstanding issues relating to
the grading plan.
Water and sanitary sewer run along the private road to the north of the property and then south to
reach the property. The plan shows the storm water going across another property. The applicant is
working with the City Engineer to come to agreement on whether the City will maintain this or if
the applicant will have an easement for the ongoing maintenance of the system.
The Natural Resources Coordinator made some suggestions regarding adding some river birch and
white oak trees. Also more foundation plantings would enhance the building. The Resource
Coordinator's suggestions would be expected to be followed.
The petifioner is proposing an exterior finish that will consist of decorative block, block burnished and
split-face, and EIFS, a stucco-like application. The general finish notes on the elevation drawings aze
conflicting as to whether the exterior finish color will be integral or painted. No painting of the
exterior finish shall be allowed.
The petitioner is requesting a conditional use permit to allow for tire installation. The planned
development allows for service bays for the installation of auto accessories, in conjunction with an
auto accessories store, provided there are no more than two bay doors, which shall be screened and
oriented as required by the City Council. Past practice has been to have only one garage door per
elevation. Recent examples of this requirement aze the Smith Neilson Automotive Center (formally
Car-~ at 7540 147a' Street West and Tires Plus at 7740 149a' Street West.
The petitioner is proposing to have two doors on the west elevation of their building. We have
informed the petitioner that recent approvals for auto installation facilities have included the one door
per elevation requirement, but they have declined to revise their plans to meet that requirement. A
different layout of the building may accommodate the City's expectations of an auto installation
facihity in the City of Apple V abbey.
Commissioner Helgeson asked for clarification that the connection road proposed at Foliage Road and
approximately 152nd is not part of this proposal.
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Lovelace responded that this would not be installed at this time. Perhaps when Lot 2 comes in for
development, this road would need to be installed. The petitioner of Lot 2 would beaz the
responsibility of installing this road.
Commissioner Helgeson requested some help understanding the City's rationale for one garage door
per elevation, as he was not here at the time that this was decided. He definitely does not want to see
a bay door opening to the south.
Lovelace responded that this was done to keep the look away from a row of multiple doors and to
keep the noise contained within the building. And staff would have concern about locating the door
on the south because of it being that much closer to the residential area.
Commissioner Blundetto added that it was also a safety issue regarding customers walking into the
building and autos being pulled in and out for service and also the noise from the open bays.
Lovelace also had a comment regarding the subdivision of the property. Staff is recommending that
the outlot be incorporated into the lof to ensure ongoing maintenance of the vegetation and
landscaping.
Chair Churchill asked for the petitioner to comment.
Aaron Hemquist, engineer for RLK, Inc., stepped forward to comment on the plan. Since the
petitioner was last before the Commission, they have eliminated the third service bay door and gone
down to two doors. They accommodated this change after refemng to City Code. The petitioner
believes the two-door is the most efficient way to use the space. If a single door is used, this would
increase the amount of impervious surface needed.
Hemquist added that the hours of operation aze Monday through Friday from 8:30 a.m. to 6:00 p.m.;
Saturday from 8:30 a.m. to 5:00 p.m.; and the store is closed on Sundays.
Hemquist has had an acoustical study done by a consultant to outline the decibel levels a person
would experience from varying distances. The distance is from the building with the doors open.
• 30 feet would generate a decibel level of 75, which is equivalent to a noisy office or a
cafeteria.
• 40 feet would generate a decibel level of 62,
County Road 42, at a distance of 100 ft.
• 90 feet would generate a decibel level of 59,
the distance of a few feet.
which is equivalent to an arterial road, such as
which is equivalent to a normal conversation at
Discount Tire has been in contact with representatives of Home Depot as Home Depot has first right
of refusal for this service on this site.
Commissioner Helgeson questioned the petitioner as to whether they have done the work to reseazch a
facility with one stall.
Hemquist replied that Discount Tire has looked at the possibility of that and it would substantially
increase the size of the store and it would be difficult for them.
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Commissioner Helgeson confirmed that the petitioner is stating that the plan before the Commission
is how the building must be.
Hemquist replied yes. He also confirmed that the doors are 23 feet wide and accommodate two single
bays at each door.
Commissioner Blundetto stated that Tires Plus is a national tire store and when the City requested that
they have aone-door in, one-door out store for the City of Apple Valley, although they had never
done this before, they were able to accommodate the City's request. Blundetto wanted to make sure
that the Commission is not being told what to do. Blundetto respects the petitioner and what they've
done in the past. With that being said, he doesn't feel that the petitioner has shown that they've
attempted to do what the City has requested.
Chair Churchill stated that she is disappointed that the Commission wasn't shown an altemative with
the one-door in, one-door out. When national chains do want to be somewhere, they do modify their
designs. Without seeing an alternative, the Commission cannot see the size or the impact of the
building.
Hemquist asked if the orientation of the building on the site would change the Commission's views;
such as, internalizing the doors to Home Depot's pazking lot.
Commissioner Blundetto stated that without it being a one-door in, one-door out; no.
Commissioner Diekmann stated that it makes no difference which way the doors face as far as he is
concerned.
Hemquist clarified that there are two lots and one outlot.
Commissioner Helgeson is not convinced that the petitioner has tried to make a different design work
on this lot.
Petitioner William Wendell, Vice President of Discount Tire stated that he appreciates the City's
concerns and views to aesthetics. Discount Tire came to the state of Minnesota in 2001 by buying out
the five National Tire and Battery locations. Three of those locations are drive-in, drive-outs. The
main difference between a Caz-X and a Tires Plus store is that they are 86% service, 14% tire volume
with an average of 3-4 hours for a vehicle to be serviced.
Discount Tires has an average bay time of 18 minutes and the average wait time is 45 minutes.
Discount Tires business is 100% tires and wheels. They have a volume of inventory of 4,000 units.
They do have their stores in pazking lots of Home Depot stores in Plymouth and Brooklyn Park.
Commissioner Blundetto stated that he doesn't feel that Discount Tire is listening to what the
Commission is saying regazaing a buiiaing with one bay.
Chair Churchill asked for comments from the public.
Kim Barker, 15271 Florist Circle, homeowner in the Orchard Pointe community just south of Home
Depot and also a boazd member stepped forward. From the discussion this evening, it sounds as if her
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concerns our echoed by the Cornniission. She would like some clarification as to the space between
Home Depot and the proposed new facility. Also, would the service drive behind Home Depot be
retained by Home Depot and used solely for their use? And how will trucks that are delivering tires
and product enter into Discount Tire's lot? She also stated that Home Depot has been a great
neighbor and the grading is high enough to not be a disturbance to the home owners in Orchard
Pointe. She has concems about the undeveloped lot and that the grading may not be as high and that
there will be noise that may affect the homeowners. Lastly, she has a concern about the ponding area
and whether that will stay or go away.
Lovelace replied that it is a sidewalk that runs the length just to the east of the proposed building. The
service drive behind Home Depot is to be used by only Home Depot. Lovelace stated that the route
that the delivery trucks would use would need to be answered by the pefitioner at the next Planning
Commission meeting.
Chair Churchill stated that the ponding area will stay. There maybe some modification on one corner
for the road, but that is still an open question.
Chair Churchill, hearing no further issues, closed the public hearing with the standard comments
ACTION ITEMS
A. Wal-Mart Garden Center C.U.P. Amendment -Consider an amendment to
the existing conditional use permit to eliminate condition no. 5, which
requires that all garden center products and materials shall be unloaded at
the receiving dock and transported internally within the bnilding to the
center and approve revised site plan to indicate an access gate and driveway
at the northwest corner of the building, which would allow delivery vehicles
to access the garden center.
City Planner Tom Lovelace stated that the petitioner is requesting a consideration of an amendment
to condition no. 5 of the Wal-Mart garden center conditional use pernut, which states "All garden
center products and materials shall be unloaded at the receiving dock and transported internally within
the building to the center". The petitioner is requesting that condition no. 5 be eliminated and the site
plan be revised to indicate an access gate and driveway at the northwest corner of the building, which
would allow access for delivery vehicles to just north of the garden center for the purpose of
unloading garden center products and materials, which is a revision from what was previously
requested. The original amendment request was to have delivery vehicles unload in the garden
center's bagged goods pick-up aisle.
The petitioner is proposing that the following five conditions be added to the existing C.U.P.:
• Wal-Mart shall implement the delivery protocol, as indicated in the attached "Apple
`/aiiey ~1~ai-Main vardcrt Center DeiiV6ry Operatiori Outiirie", fGr garderi ceriter deiiverie5.
• No deliveries other than garden center products and materials may occur in the garden
center area.
• Deliveries to the garden center may occur only between the hours of 7:00 a.m. and 7:00
p.m. weekdays and 9:00 a.m. and 6:00 p.m. on weekends.
• No idling of garden center delivery trucks shall be allowed when parked.
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• The proof of parking area will not be used for outdoor storage.
This revision is a response to the questions and concerns raised by the Planning Commission at the
September 5, 2007 meeting.
Staff would propose that a condition be added that states that all products and materials shall be
delivered in accordance with the site plan dated September 26, 2007 and that no deliveries shall be
made in front or along the west side of the garden center.
The petitioner is proposing that 22 associate parking spaces be designated proof-of-parking. That
represents approximately 2% of the proposed parking and minimum parking required. The petitioner
has stated that they will have an ample amount of associate parking and will be adding additional
bicycle racks as well as encouraging customers and staff to use alternate modes of transportation.
The original proposal called for the bagged goods pick-up aisles to be switched from a northbound
one-way to a southbound one-way to accommodate the delivery trucks. The revised proposal will
switch the pick-up drive aisle back to its original northbound direction.
The City's traffic engineer has reviewed the revised proposal and his comments are attached. The
creation of the proof-of-parking in the northwest corner of the site should address the traffic
engineer's concerns.
The driveway, gate and delivery truck queuing area will be screened by a masonry wall and
landscaped bean. The petitioner will be doing a sound analysis to determine if the proposed wall and
existing berm and landscaping is sufficient or if additional sound suppression is needed.
Chair Churchill clarified that there is no parking in front of the store because of fire lane restrictions,
no parking on the east side of the building, and so that just leaves the west side of the building for
parking and deliveries and this will be allowed with restrictions.
Commissioner Blundetto wants to know how the delivery trucks will be entering and exiting the area.
Lovelace responded that Wal-Mart already has a strict requirement in place and they do a good job of
adhering to this. All of the deliveries do come from the east and enter into the rear loading dock area,
unload and exit to the east.
Commissioner Diekmann clarified that the bagged goods pick-up drive aisle will remain cone-way
northbound lane. Also, he would like to see a limit put on the amount of time that a truck can sit there
before being unloaded.
Lovelace responded that he will let the petitioner state how long they need and then the Commission
can craft an additional condition into the conditional use permit.
Commissioner Helgeson stated that he also would like to see a restrictive timeline added to the
duration that a delivery truck can sit in the unloading area.
Petitioner Charlie Howley, civil engineer with HTPO on behalf of Wal-Mart, stated that they heard
the Commission's concerns at the last meeting and feel that they've designed a good plan. They've
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eliminated the trucks driving through the front pazking lot and also eliminated the conflicts with the
bucks in the drive-through area. Also, answering a question that Commissioner Diekmann had from
the previous meeting, from the previous plan to this plan, 5,000 sq. ft. of impervious surface is added.
They also will increase the underground filtration system to handle the additional impervious surface.
Regarding the proof-of-parking, if it's allowed, Howley stated that when the new super center opens,
at any given peak turnover time for associates could be 200. There are approximately 250 striped
associate parking spaces. Howley feels that the 22 proof-of-parking spaces will not be an issue.
Regarding the issue of duration of the delivery trucks in the unloading area, they're willing to put a
time limit on the process. They've provided the Commission with a sound study and noted that this
doesn't include the screening wall, the sound proof wall or the berm. This study shows that the sound
levels aze not an issue.
Commissioner Melander stated that he likes the design a lot better and the costly amount to run a
delivery truck proves that the delivery truck will not sit for a very long period of time, otherwise it
would run at a loss.
Howley stated that the trucks delivering to the garden center are private enterprises and so those
trucks will want to unload and move on.
Commissioner Helgeson stated that he can see from their design that this is a more efficient operation.
He has no issue with sound, no issue with the proof-of-parking, although he believes it will be hard
for Wal-Mart to follow all the conditions set forth in the conditional use permit. He strongly wants to
see a duration time added to the conditions.
Commissioner Diekmann stated that overall he likes what they've done and it shows that they've
listened to the Commission and worked with their suggestions. Diekmann wondered if the area to the
north of the building was a new portion. Also, Diekmann wondered as to whether there would be an
issue with fire codes and the gate remaining locked.
Howley explained that that is the bale and pallet storage area which is fully enclosed and next to that
is a recycled goods area. This portion was put on when they were before the Commission last spring.
Brian McCool had a conversation with Wal-Mart representatives regarding the length of time to
unload the delivery trucks and this timeframe is 1-2 hours.
Chair Churchill suggested a window of three hours to allow for unloading.
McCool stated that they are comfortable with that. Wal-Mart doesn't have any interest in the trucks
sitting there either and want them to be moved quickly.
Chair Churchill, hearing no further comments, asked for a motion.
Commissioner Helgeson moved, seconded by Commissioner Melander, to recommend approval of
the amendment to Conditional Use Permit No. 2007-64 to allow access for delivery vehicles to just
north of the garden center for the purpose of unloading garden center products and materials for the
permanent Wal-Mart store garden center located at 7835-150th Street West subject to the following:
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• Such amended operations shall be in conformance with the site plan dated September 26,
2007.
• No deliveries shall be allowed in the front or along the west side of the garden center.
• Such amended operations shall be conducted in conformance with the elevation plans
dated February 8, 2007.
• Only materials typically associated with residential landscaping, such as live plants, rock,
mulch, soil fertilizers, herbicide, patio and modular retaining wall block, gardening tools
and lawn maintenance equipment shall be displayed in the garden center.
• Such amended operations shall be conducted in a manner whereby the products are
displayed for sale are kept in neat, organized rows, shall not exceed the height of the
gazden center walls, and the premises aze kept free of trash and other debris.
• Wal-Mart shall implement the delivery protocol for garden center deliveries, as indicated
in the "Apple Valley Wal-Mart Garden Center Delivery Operation Outline", dated
9/26/2007.
• No deliveries other than garden center products and materials may occur in the garden
center azea.
• Deliveries to the gazden center may occur only between the hours of 7:00 a.m. and 7:00
p.m. weekdays and 9:00 a.m. and 6:00 p.m. on weekends.
• No idling of garden center delivery trucks shall be allowed when parked.
• No delivery trucks shall be permitted into the garden unloading area until it can be
unloaded.
• No delivery truck may remain parked in the gazden center outside the approved delivery
hours for longer than three hours.
• The proof of parking area will not be used for outdoor storage.
The motion carried 6-0.
Community Development Director Bruce Nordquist commented that at the October 11, 2007 City
Council meefing, there will be an informal discussion held at 6:30 p.m. and one ofthe discussion
items will be residential pazking. Nordquist is inquiring about the Planning Commission's availability
to attend that discussion.
Chair Churchill will attend and represent the Planning Commission.
8. ADJOURNMENT
Chair Churchill asked if there was any other business.
There being no other business, Chair Churchill asked for a motion of adjournment.
rjT(1TT(1TT~ rOmm~SSTOner Ajlel ~nra mar mOparl cP.e^,nd ed by ('nmm~sg~nner Dielrmann~ to
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adjourn the meeting at 8:40 p.m. The motion carried 6-0.
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