Loading...
HomeMy WebLinkAbout09/03/2008CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES SEPTEMBER 3, 2008 Prior to the start of the meeting Chair Churchill stated that there was a vacancy on the Planning Commission for which the City is currently accepting applications. The members are volunteers who serve three year terms and are appointed by the City Council. The compensation is $720 in the form of passes to city facilities such as parks, golf and the water park. Community Development Director Bruce Nordquist said that any interested parties may contact the City Clerk, Pam Gackstetter. Application deadline is Friday, September 26, 2008. 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, Keith Diekmann, Tim Burke, Tom Melander, David Schindler and Frank Blundetto Members Absent: None Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace,. 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 Diekmann moved, seconded by Commissioner Burke to approve the agenda. The motion carried 6-0. 3. APPROVAL OF MINUTES OF AUGUST 20, 2008 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 Schindler, to recommend approval of the minutes of the August 20, 2008, meeting. The motion carried 6-0. 4. 2030 COMPREHENSIVE PLAN UPDATE/ACTIONS Community Development Director Bruce Nordquist updated the Planning Commission on the 2030 Comprehensive Plan. A study session will be held on Wednesday, October 1, 2008, for review of the draft plan. It will appear on the Planning Commission agenda of October ls` to be forwarded to S:\planning\PLANCOMM\2008 agenda & minutes\090308m.doc the City Council. Then it will be released to the public for comment and asix-month review. The draft and comment form may be viewed online on the City's website. 5. CONSENT ITEM --NONE-- 6. PUBLIC HEARING --NONE-- LAND USE/ACTION ITEMS A. Wal-Mart Addition -Consider amendments to existing conditional use permits and site plan/building permit authorization to allow for the construction of a 58,580 sq. ft. addition to an existing 129,958 sq. ft. retail store. City Planner Tom Lovelace stated that the petitioner is requesting consideration of amended conditional use permits to allow for the relocation of the existing outdoor cardboard bale atzd shipping pallet storage area; modification to the existing outdoor garden center display and sales area; relocation of the propane tank display and sales area; and site plan building permit authorization to allow for the construction of a 58,580 sq. ft. building addition and 191 additional surface parking spaces. The 19.5-acre site is located at 7835 150a' Street West and is the location of an existing 128,958 sq. ft. retail building and 639-space surface parking lot. In June 2006, the Planning Commission reviewed proposed Wal-Mart expansion plans similar to the plans currently under review. At that time several concerns were raised regarding the 2006 plans and over the next year several modifications were made to them. Among the modifications were moving the garden center from the east side to the west. side of the building and keeping the receiving dock at its current location on the northeast side of the building. In March 2007, the Planning Commission recommended approval and the City Council approved conditional use permit amendments and site plan building permit authorization to allow for the proposed expansion, subject to the before- mentioned changes. The petitioner has decided not to construct the addition as approved in 2007 and is now requesting approval of plans that are similar to the original plans submitted in 2006. They have reduced the size of the proposed expansion by approximately 16,604 sq. ft., but the orientation and layout are similar to the origina12006 request. In 2006-07, concerns were raised about the potential impact of noise generated by the condensers, trash compactor and receiving dock on residential properties located directly to the north and west of those uses. Because of those concerns, the plans were revised. that put the receiving dock, condenser units and trash compactors on the east side of the building. The current submission has those items back on the west side of the site. Noise impact information has been provided by the petitioner that has been reviewed by a noise consultant retained on behalf of the City. The petitioner has responded to the City's recommendations, which have been reviewed and found appropriate. Any approval shall be subj ect to the mitigation measures outlined in the petitioner's letter dated August 25, 2008. S:\planning\PLANCOMM\2008 agenda & minutes\090308m.doc The proposed amendments to the existing conditional use permits are generally related to modifications to the site plans that are part of the approved conditional use permits. The petitioner is not requesting any other changes to the existing conditions in the approved permits. With regard to the revised cardboard bale and pallet storage permit, the petitioner has not provided an elevation of the wrought iron fence, which should be done prior to any recommendation. Also, an existing permit currently allows for the placement of six storage trailers, from September 15th to December 31st. The applicant has not indicated if they are proposing to amend the conditional use permit. It does not appear that the design and layout of the area will accommodate storage of any trailers. The revised landscape plan has been reviewed by the Natural Resources Coordinator and his previous comments have been addressed. The proposed development project will need to meet the adopted Surface Water Management Plan (SWPP). The petitioner has identified a variety of "Best Management Practices" (BMP's) that include rain gardens, underground infiltration system, and permeable pavers that will address requirements set forth in the SWPP. The revised grading and utilities plans have been reviewed by the Assistant City Engineer and were provided in the staff report. Any recommendation shall be subject to the applicant meeting the requirements set forth in the memo. The City's traffic consultant has reviewed the revised plans and has indicated that all his previous comments have been addressed. Lovelace then presented information pertaining to the approval history of Wal-Mart. In July 1997, Wal-Mart made application for approval of a preliminary plat, several conditional use permits, and site plan building permit authorization fora 128,000 sq. ft. store and a variance to allow 6 auto service bays for the installation of tires, batteries and oil changes. A public hearing was to be held at the August 6, 1997, Planning Commission meeting, but prior to meeting, Wal-Mart submitted a request for postponement so that they would have more time to provide detail on internal traffic circulation, building elevations and landscaping. The public hearing was rescheduled for the October 15, 1997, Planning Commission meeting. The public hearing was held opened on the 15th, comments taken and closed on the same night and was expected to go back to the Planning Commission on November 5, 1997, for further review. Wal-Mart requested a continuance to the November 19, 1997, Planning Commission meeting in order to have enough time to prepare revised plans to address the issues raised at the public hearing on October 15, 1997. Revised plans were not submitted to the City for review in a sufficient amount of time prior to the meeting of November 19t"; therefore, staff requested and the Commission concurred, to continue the proposal to the Planning Commission meeting of December 3, 1997. On December 3, 1997, the Planning Commission reviewed the requests and voted in the following manner: • 3-3 on the preliminary plat request, which resulted in no request. • 4-2 to recommend approval of the garden center conditional use permit (CUP). • 2-4 to recommend approval of CUP for 2 seasonal sales areas. • 5-1 to recommend denial of a CUP for 6 storage trailers. • 6-0 to recommend denial of a variance for 6 auto service bays. S:\planning\PLAN WMM~2008 agenda & minutes\090308m.doc • 2-4 to recommend approval of the site plan building pemut authorization, subject to deletion of the TLE (tire/lube/express). The Planning Commission's recommendations moved on to the City Council meeting of December 11, 1997, at which time the City Council approved the preliminary plat, garden center CUP, seasonal sales areas CUP, variance for the TLE, and site plan building permit authorization. The petitioner requested a continuance of its request for a CUP for temporary storage trailer, outdoor and display sales until the building was constmcted. In 1999, the City approved conditional use permits for temporary placement of storage trailers, temporary storage of bagged goods in the TLE area, and for outdoor cardboard bale and shipping pallet storage. On May 4, 2006, Wal-Mart submitted an application for approval of a conditional use permit amendment to allow for the relocation of the existing outdoor cardboard bale and shipping pallet storage area, and asite plan/buildmg permit authorization to allow for the construction of a 72,786 sq. ft. building addition. The public hearing was held at the Planning Commission meeting of June 7, 2006. Because of proposed changes to existing conditional use permits of the temporary storage trailer area, outdoor garden display and sales area, and propane tank sales and display area; as well as the proposed increase in the height of the building. greater than what was allowed in the planned development zoning district, it was necessary to hold an additional public hearing, which was held at the Planning Commission meeting of August 16, 2006. Based upon the comments received at the public hearing, Wal-Mart was asked to make revisions to their plans. The review of the public hearing comments and preparation of revised plans required Wal-Mart to request continuances during the months. of September and October. The proposal finally came back before the Planning Commission on November 15, 2006, at which time the Commission voted in the following manner: • 6-1 to recommend approval of the planned development ordinance amendment. • _ 0-7 to recommend CUP amendment approvals to allow relocation of the existing outdoor cardboard bale and shipping pallet storage area, relocation of the propane tanks, reconfiguration of the outdoor garden center, site plan building permit authorization. Wal-Mart revisited their requests and on March 7, 2007, presented to the Planning Commission revised plans that addressed the concerns of the Commission. At that meeting, the Commission voted: • 6-0 to recommend amending the existing CUP to allow for the relocation of the existing cardboard bale and shipping pallet storage area. • 5-1 to recommend amending the existing CUP to allow for the relocation and increase in area of the outdoor garden center. • 6-0 to recommend amending the existing CUP to allow for the relocation of the propane sales area. • 6-0 to recommend approval of site plan building permit authorization fora 76,184 sq. ft. addition. • 6-0 to direct staff to amend the planned development sign ordinance to allow for informational signage above the three main entrances. S:\plauning\PLANCOMM\2008 agenda & minutes\090308m.doc q Subsequently, the City Council at their meeting of March 22, 2007, unanimously approved the ordinance amendments, amended CUP requests, and site plan building permit authorization. The Council also directed staff to prepare amendments to the planned development ordinance to allow for additional signage above the main entrances, which was approved at its May 10, 2007, meeting. Finally, on October 3, 2007, a public hearing was held at the Planning Commission to consider an amendment to the existing conditional use permit to eliminate condition no. 5, which requires that all garden center products and materials to be unloaded at the receiving dock and transported internally within the building to the center and approve revised site plan to indicate aii access gate and driveway at the northwest corner of the, building, which would allow delivery vehicles to access the garden center. At that meeting the Commission voted unanimously to recommend approval of the CUP amendment and on October 11, 2007, the City Council voted tmanimously to approve the amended CUP resolution. For reasons that were expressed at the Commission meeting of August 20, 2007, Wal-Mart has opted not to expand their operations as approved in 2007 and is now requesting approvaLof plans similar to what was submitted in 2006. Mr. Lovelace shared the comments received at the public hearing with staff responses A comment was received stating that there is no other area in the city where there are residential homes right next to big commercial retail with loading docks. Staff response -There are currently no big commercial retail areas located directly adjacent to existing residential dwelling units. However, the Target store located in the Cobblestone Lake Commercial development is directly adjacent to property to the east and north that is guided for medium density residential. Lovelace contacted the City of Rosemount regarding their Cub store which is directly adj acerit to residential development to the south. The store has seven bays in its loading dock area at the back of the store with an 8-10 ft. berm with vegetation. Rosemount had some initial concerns about noise at the receiving docks, but there have not been any concerns of noise generated by those receiving docks since Cub has been in operation. They have no restriction on delivery times, although they are generally received between 6 a:m. and 4:30 p.m. Also, Lovelace spoke with Jeff Thompson, an employee of the City of Minnetonka. Minnetonka has a Target store adjacent to a residential neighborhood and the City did put delivery time restrictions in the development agreement with Target. Minnetonka has not received any complaints. A comment was received stating that Wal-Mart does not take care of the landscaping they have now. Staff response - A condition of approval of the approved building permit resolution for the existing structure stated the following "(T)he ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion." The City expects that a property and building will remain in compliance with any and all approvals. If the City becomes aware of noncompliance or violations of city code, necessary actions will be taken, to ensure that the property comes back into compliance. S:\planninglPLANCOMM\2008 agenda & minutes\090308m.doc 5 A comment was received regarding the general upkeep of the produce and meat areas in existing Wal-Mart stores and who will inspect these areas in the Apple Valley store. Staff response -The Minnesota Deparhnent of Agriculture (MDA) helps enforce state laws and regulations relating to dairy products, foods, meats, beverages, poultry and poultry products. Standards are enforced related to quality, condition, labeling, and advertising and for the sanitation of premises, equipment and vehicles used in the sale, storage or distribution of foods and beverages. MDA works with other state agencies to inspect retail food stores, dairy farms, processing plants and other related facilities. MDA also investigates complaints of questionable food products or sales practice. All Minnesota retail food establishments are inspected and approved by the MDA before a food handler's license can be issued. Follow-up inspections are conducted on a routine basis, or more frequently if an establishment has a history of improper food handling. A comment was received stating during the initial approval it was agreed that the loading docks, trash compactors, and generators would be located to the east end of the building. Staff response -Staff has reviewed the minutes from the Planning Commission and City Council meetings, as well as the resolutions for original approval, and are unable to find any discussion or documentation that would require this other than the approved site plan that has the truck docks and trash compactor located in the northeast corner of the site. The original plans did not identify the location of an electrical generator, which was installed in 2000 and only required staff review. A comment was received stating that the construction of a sidewalk along the west side of the building through the existing berm will increase noise in the neighborhood. Staff Response - It is the opinion of the City's sound consultant that the berm opening won't have an appreciable impact on the noise heard off-site. A comment was received asking if there were requirements imposed on deliveries at Bachman's that should be applied to Wal-Mart. Staff response - Bachman's Garden Store received conditional use permit and site plan building permit authorization approval on August 23, 1990. Both resolutions do not have a condition with regard to deliveries to the store. A comment was received regarding concerns about speeding or disruption in the Wal-Mart area. Staff response -Review of calls by the police department does not indicate that the activity in the Wal-Mart area is different than what is experienced in other retail areas. The majority of the calls for service are for shoplifting. Chair Churchill asked Lovelace if he had the opportunity to view another Wal-Mart store and, if so, asked for his impression in regards to sound. Lovelace answered that he was able to visit the Wal-Mart store in Hastings. At that location, there is a farm field to the east, high school to the north, the Dakota County Goverrvment Center to the east and a major thorough way with commercial stores to the south. He stated that the trash compactor was quieter than he expected because the tracks required are intricate and require a fair amount of precision. The compressor units were hard to hear since it's such a wide open area. Also, there was bobcat work being performed on a nearby water tower. The wall at the Hastings location is made of decorative block, not solid, has no acoustical the and is only 15 ft. tall. Wal- S:\planning\PLANCOMM\2008 agenda & minutes\090308m.doc Mart is proposing at the Apple Valley location a 22 ft. solid wall with louvers and acoustical tile. He did witness a truck being unloaded but this was being done by hand and loaded onto a conveyor system so that did not generate much noise. Commissioner Blundetto asked if the trash compactor was less noisy or more noisy thai7 he had expected. Mr. Lovelace stated that it was much less noisy than he had expected. Commissioner Diekmann asked about the open sales on the sidewalk of the garden center. Mr. Lovelace stated the current conditional use permit would not allow for that. Wal-Mart would need to apply for a special promotional sign permit for sidewalk sales and would have to delineate an area of the sidewalk for those sales. Commissioner Burke commented that if the City is not going to encourage people to cross the street, it doesn't make sense to give them a path, referring to the sidewalk onthe-northwest side of the building, leading to 147th Street West. Mr. Lovelace stated that it is providing another alternative to the site along the west side and providing a connection to the sidewalk along 147th Street West. Commissioner Blundetto asked if adding the sidewalk would make it safer for pedestrians. He commented that making the path encourages people to cross the street at that point, which would be unsafe without the pedestrian crosswalk. Assistant City Engineer David Bennett stated that a median cut would provide a safe place for pedestrians to walk if oncoming traffic is approaching. Typically, the city has taken the position where they don't promote mid-block crossings. The city would like pedestrians to walk to where there is a controlled intersection to cross the street. By putting the connection on the south side, it would still allow pedestrian access for people on 147th Street West. Commissioner Blundetto commented that he would like to see the whole thing or nothing. Chair Churchill stated that she is the one that requested this sidewalk because the city is encouraging the residents to walk and bike more. The sidewalk off of 147th Street West, which is just north of Bachman's, is not at an intersection. This proposed sidewalk crosses at an intersection with a median. She stated that she would like to see that curb cut with a walkway for pedestrians. Mr. Bennett stated that he can take a closer look at the cut and consult with the Public Works Department and the City's Traffic Engineer for their opinions. Chair Churchill said someone crossing there has a clear view back to Pennock Avenue and also has a pretty good view around the corner to the southwest. She said she would like staff to look further into this and rather than hold up the proposal, have a condition that the City works with the petitioner. S:\planning\PLANCOMM\2008 agenda & minutes\090308m.doc Commissioner Schindler stated that he doesn't think someone would take that connection without the intention of crossing the street at that location. Mr. Lovelace suggested that if the Planning Commission recommends approval, they can make a condition that states that approval is subject to the sidewalk being installed if the median cut can.be accomplished. Commissioner Dielcmann commented that it provides a safe way for people to access the parking lot from the sidewalk on 147`}' Street West. He stated that he is in favor of the sidewalk. Mr. Bennett said they will work with City staff as it moves forward. Chair Churchill said they can add a condition to No. 5 of the recommendations. She asked if Mr. Lovelace had any additional comments. Mr. Lovelace stated that the 1987 zoning map shows the designation of the site as a planned development with a small section on the east side of 147`h Street as multi-family and the current site of the Wal-Mart as 4A. The 1988 zoning map shows the area as multi-family shifted from the east side of 147a' Street to the west side of 147`h Street. And everything east and south of 147th Street West is the commercial area as it is now. Chair Churchill asked the Wal-Mart representatives if they had any additional comments to make to the Commission. Brian McCool, of Fredrickson and Byron, stated that they had no additional comments, although will stand for questions. Chair Churchill hearing no further comments asked for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, to recommend approval of amending the existing conditional use pemut No. 1999-107 to allow for the relocation of the existing outdoor cardboard bale and shipping pallet storage area as indicated on the site plan dated August 27, 2008, and building elevation plan dated August 27, 2008, subject to conditions 1, 3 and 4 of the Apple Valley Resolution No. 1999-107. The motion carved 6-0. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, to recormnend approval of the amendment to Conditional Use Permit No. 2003-152 to allow for the relocation and increase in area of the permanent outdoor gazden center indicated on the site plan dated August 27, 2008, and building elevation plan dated August 27, 2008, subject to the following conditions: • Only materials typically associated with residential landscaping such as live plant, rock mulch, soil fertilizers, herbicide, patio and modulaz retaining wall block, gazdening tools and lawn maintenance equipment shall be displayed in the outdoor garden sales area. • All materials shall be displayed in a neat and orderly fashion and shall not exceed the height of the garden center walls. • The use of a public address system in the outdoor sales area and in the indoor garden center when the overhead doors are open shall be prohibited. The motion carried 6-0. S:\planning\PLANCOMM\2008 agenda & minutes\090308m.doc MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, to recommend approval of the amendment to Conditional Use Permit No. 2005-66 to allow for the relocation of the propane tank storage and display area at the existing Wal-Mart store located at 7835-150th Street West as indicated on the site plan dated August 27, 2008, subject to adhering to conditions 3 through 10 of Apple Valley Resolution No. 2005-66. The motion carried 6-0. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, to recommend approval of the amendment to Conditional Use Permit No. 1999-106 for temporary storage of bagged goods in the TLE area at the existing Wal-Mart store located at 7835-150th Street West as indicated on the site plan dated August 27, 2008, subject to conditions 1, 3, 4 and 5 of the Apple Valley Resolution No. 1999-106. The motion carried 6-0. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, to recommend approval of the site plan building permit authorization request to allow for the construction of a 58,580 sq. ft. building addition and 191 additional surface parking spaces on property described as Lot 1, Block 1, WALMARTS FIRST ADDTION, in accordance with the preliminary site, building elevation, grading and drainage, and landscape plans dated August 27, 2008; subject to the following conditions: • Revisions shall be made to the grading and utility plans per the recommendations from the Assistant City Engineer as outlined in his memo dated August 29, 2008. • Noise mitigation measures identified in the letter, dated August 25, 2008, from David Braslau and Associates, Inc. shall be implemented in the construction of this addition. • An amendment to the access restrictive easement for 147th Street West shall be executed prior to issuance of a building permit. • The petitioner is to work with City staff regarding the curb cut for the sidewalk on the west side of the building to Guthrie Avenue. The motion carried 6-0. Chair Churchill thanked the Wahnart representatives for working with the City and wished them luck in getting the addition built. 8. OTHER BUSINESS A. Review of upcoming Schedule and other Updates. Community Development Director Bruce Nordquist stated that there will be an informal work session on October 1, 2008, prior to the regularly scheduled meeting. 9. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Churchill asked for a motion to adjourn. MOTION: Commissioner Blundetto moved, seconded by Commissioner Diekmann, to adjourn the meeting at 7:50 p.m. The motion carried 6-0. S:\planning\PLANCOMM\2008 agenda & minutes\090308m.doc