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HomeMy WebLinkAbout05/04/1994CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 4 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order at 7:05 p.m. by Chairman Alan Fel in the Council Chambers of the Apple Valley City Hall. Chairman Felkner introduced himself to the audience and stated that although the room is crowded, it is necessary to utilize that facility for public hearings because the Council Chambers are set up to tape for public broadcast. Members Present: Alan Felkner, Marcia Gowling, Jeannine Churchill, Len Miller, Frank Blundetto Members Absent: k4/eo AF, je-&On� cg4 Staff Present: Richard Kelley, Scott Hickok, John Gretz Others Present: See the sign -in sheet. 2. APPROVAL OF AGENDA MOTION: Marcia Gowling moved, seconded by Jeannine Churchill, with a modification by Alan Fel stating that he would like to reschedule the annual business meeting from May 4th to May 18, 1994. With that minor modification, the motion to approve the agenda passed 5 - 0. 3. APPROVAL OF MINUTES OF APRIL 20, 1994 MOTION: Len Miller moved, seconded by Alan Felkner, to approve the minutes as submitted. The minutes were approved 2 - 0, with 3 abstentions. 4. CONSENT ITEMS Wroym 5. PUBLIC HEARINGS A. Middle School #6: Comprehensive Plan Amendment, Rezoning & Preliminary Plat City Planner Rick Kelley introduced this issue stating that this site is the former site of the Doyle Airport. The current zoning is agricultural; however, the Comprehensive Guide Plan request modifies the Single Family Low Density Residential designations to "SH" School. Kelley also indicated that the zoning would be modified to reflect an institutional designation as well. Planning Commission Minutes May 4, 1994 Page 2 Kelley continued by stating that the legal description of this site is currently described through the metes and bounds descriptions. Kelley then described the existing conditions surrounding the site. Exley Avenue terminates at the south edge of the property. On the east end of this parcel 128th Street West terminates. The District #196 proposal has been reviewed by the Dakota County Highway Department and Plat Commission. They have indicated that in order to gain access to this school from County Road #38, a public road would be necessary. Therefore, the proposal indicates a completion of 128th Street to intersect at County Road #38, providing full access and two lanes of traffic. The private access or public access to the public school would then take access onto 128th Street West, as it would be newly constructed. The existence of a wetland north of County Road #38 requires that the road be shifted approximately 100 feet toward Johnny Cake Ridge Road. Rick utilized an overhead transparency that illustrated all of the site characteristics related to this proposal. Kelley pointed out the areas for the school building itself, the private drives, soccer and ball fields, and track to be constructed in conjunction with this proposal. Kelley then concluded by stating that he would be happy to answer any questions and that the representative for the project, including the architect and District #196 representatives, were also present to answer questions for the Commission. Chairman Felkner asked if there were any questions for Rick Kelley. The Commission had no questions. Kevin Sullivan of Wold Architects introduced himself and Jim Boesen. Sullivan stated that there are "site forces" relating to the development. The access points for this site, Johnny Cake and County Road #38, are much lower in elevation than the existing homes (east and southeast of the development site). Sullivan continued by stating that the best soil conditions are on the highest elevations on the site, and there are softer pockets of soil outside of the runway area. The runway itself had good soils. Utilizing a transparency that illustrated the site layout, Sullivan indicated that there is a city park at the southwest corner of this development. The school district designed the athletic activities on the site in conjunction with the existing park. Originally the school district purchased property, but the Doyle homestead was not part of that original purchase. Sullivan indicated at this time the school district is interested in purchasing the homestead as well, to integrate that additional land into this development scheme. The athletic portion includes an inlaid soccer field and track, 2 baseball fields, and 2 softball fields. The school itself has a 1,200 student capacity which would initially require 80 staff members and approximately 20 buses. There would be adequate parking on site for 130 to 140 vehicles with additional parking in the bus loop. Planning Commission Minutes May 4, 1994 Page 3 As illustrated, the building would be located in the slope that exists currently on the site. Sullivan indicated that there are alternatives to the plan as presented. However, those alternatives are not deemed to be the first option for a site layout of the school on this property. One of those options would include a private school district drive from Johnny Cake, allowing access into the parking lot and school grounds from Johnny Cake rather than County Road #38. This option would require extensive paving to provide a private drive inside of the property line. The second alternative would move the school toward Johnny Cake, allowing access from Johnny Cake and County Road #38. However, this alternative would require extensive grading of the slope for ball fields, track, etc. Sullivan concluded by stating that there are issues related to the alternatives that can be considered. He welcomed any questions that the Commission may have of him or the civil engineer on the project. Chairman Felkner asked Mr. Sullivan to find out how much parking currently exists at Valley Middle School. Felkner stated that on a typical school day the parking is adequate; however, during events the parking spills over onto the surrounding streets. Felkner also stated that in areas where there is a middle school connected with an elementary school, the middle school can take advantage of the additional parking on site that is utilized during daytime hours by the elementary school. Felkner concluded his statement by indicating that this school does not have that advantage since there is not an elementary school attached. Mr. Sullivan indicated that he would research the existing parking conditions at surrounding middle schools and bring that information back to the next meeting. Alan Felkner then stated that written comments can be submitted by the audience members present who are not comfortable with public speaking, or for one reason or another do not want to get up and speak to the issue publicly. There are forms available by the door, and the forms can be left with staff or sent in to City Hall and they will become part of the formal record for the review of this project. Felkner also stated that there will be no decision on this item tonight. Chairman Felkner then opened the public hearing for continents. Norman Hanson, 12823 Everest Avenue, stated that he represented a number of people in his development area. In 1982 there were zoning changes proposed and there was a discussion of new residential lots being created adjacent to existing residential areas. Hanson stated that he now understands that the property would all be institutional and there will be no residents adjacent to the existing residential area. Hanson stated that he is concerned about the school security lighting, the football field and four baseball diamonds, and the impact of those activities on the residents. Hanson hopes that the impact can be minimized by the placement and buffering from the activities. Hanson concluded by stating that 128th Street as a through street concept is difficult to understand. He indicated that the residents had assembled a petition regarding the completion of 128th Street as a Planning Commission Minutes May 4, 1994 Page 4 through street. In this petition there were over 150 signatures of residents opposed to the connection of 128th Street. They felt there were other options for the road because they felt the connection would be a safety hazard, that there would be air pollution from buses, and that there would be extensive traffic, etc. Chairman Felkner suggested that Mr. Hanson meet with Rick Kelley to talk about the other alternatives for a road to service this development site. Evelyn Purdy, 5701 128th Street, stated that she has never been concerned about the school as a neighbor and she is not against the school. However, she does not want the school to decimate the neighborhood. She would like to see the school as a neighbor, but to be carefully integrated into the neighborhood. She continued by stating that activities at the middle school will begin at 7 :00 in the morning and will continue to 10:00 p.m. These activities do not end at 3;00 p.m. when the students go home from school. Purdy indicated that she does not believe tree buffers would be enough to mitigate the activity and separate this use from the existing residential area. Purdy also stated that she would like some information on the traffic and also the quality of life they could expect by having a school in this close proximity. She felt that there are dangerous curves that exist in the development area, and that if 128th Street connects with County Road #38, there will be accidents. Purdy concluded by asking why the decision has been made to propose this street alignment as opposed to some of the other alternatives. Chairman Felkner asked Architect Sullivan for further information on the traffic data. Sullivan responded that he will pull together the information for the next meeting. He will look at schools in general and analyze the expected traffic generation. Sullivan stated that signalization had been discussed with the County when the architects met to discuss design alternatives. At that meeting it was pointed out that there are intersections that would be far more apt to receive a traffic signal than this new intersection of 128th Street at County Road #38. Alan Felkner asked that Architect Sullivan go over this with Staff. Len Miller asked if this is what you feel is necessary for the school, as this site plan was proposed, is this the best alternative? Mr. Sullivan responded by stating that no less than 8 plans had been debated. Through the course of time the scope was narrowed to 4 plans with this being the best option of the 4 plans. Miller then asked if it was because it was more economical and practical. He asked the architect regardless of cost, is there a better solution to this site design problem? Sullivan responded that there are a number of influences that brought them to the conclusion that this is the best alternative for a school on this site. Miller stated that he had lived near Valley Middle School and he knows that traffic goes faster, that there is more traffic in different peak times through neighborhoods, and that traffic is a real concern as it relates to a middle school adjacent to a residential area. Len Miller then asked if the school site could be turned around completely and the school be placed closer to Johnny Cake, and the other activities closer to the residential area. Mr. Sullivan Planning Commission Minutes May 4, 1994 Page 5 responded that yes, that could be done and they could grade the hill to provide adequate space for the field and track as needed. Frank Blundetto asked if the only way to keep the school up where it is would be to bring an access from 128th Street, or is there an alternative that would allow access from County Road #38 and Johnny Cake without making the 128th Street connection. Sullivan explained the need for a public drive at a quarter mile spacing on county roads and that the private drive would have to come off from a public road. Therefore, the best alternative was to bring in 128th Street and then have access for the school off the newly extended 128th Street. There are alternatives that would bring a school drive off of Johnny Cake and act as a service drive up to the school from Johnny Cake, and then the 128th connection would not be needed. Brian Buechele, 12931 Exley Avenue, asked if access onto a County Road is not acceptable, why is it that the Dakota County Technical College is on County Road #42? Alan Felkner explained the quarter mile spacing limitations imposed by the County, and stated that this development area has very few options based on this limitation. Henry Osmundsen, 12904 Essex Way, stated that you can ask for a variance from the County. Tod L.eetch, 12828 Essex Way, stated that she lives off of 128th Street and she is concerned about the traffic. The City was concerned about the traffic on Diamond Path and placed speed bumps and trees to mitigate the traffic concerns. At a minim Ms. Leetch felt the City should consider these same solutions on roadways that surround this school site. Dave Simonpietri, 13043 Everest Avenue, stated that he and several neighbors that surround the development site must replace their mail boxes regularly due to vehicles that lose control on the curves in the winter. He is concerned about both the traffic and speed that currently cause problems, and this future school development that will compound the problems. He stated that there are young children and he is concerned that people may not be able to stop. He indicated that he had asked for a stop sign in the past along Everest. Diana Flanagan, 5661 128th Street, stated she is afraid someone is going to get killed. It may cost more to change the plan, but we cannot put a price on people's lives. Gary Heppelmann, 12772 Diamond Court, felt the traffic was incompatible with the neighborhood. How can you buffer homes from traffic and a parking lot? There is a church across the street with a parking lot which may be helpful in peak times. Linda Wilson, 12737 Eveleth Path, said they did not plan for County Road #38 when they bought their homes. People drive 45 mph on a dead end street. The additional traffic through the residential area at 126th and Diamond Path has not been solved; you can't cross at Diamond Path now. Planning Commission Minutes May 4, 1994 Page 6 Jim Hughes, 5621 128th Street West, responded to the architect's coment that he couldn't see where traffic will increase. People find alternate routes if it is not easy to get on County Road #38; people will drive through the neighborhood. Henry Osmundson, 12904 Essex Way, asked where the pending water is going to go, expressed concern about the traffic impacts and the impact of an athletic complex on the neighborhood. Osmundson continued by stating there are no sidewalks in the neighborhood. He also asked if the design of the school was the same as other middle schools, pointing out that the school should be designed to fit the site. Myron Paulson, 12771 Diamond Court, stated an institutional site has multiple impacts on a neighborhood, about all of which he is concerned. Dave Evans, who lives on Fairgreen Avenue north of County Road #38, stated that he is concerned about the stadium and number of ball fields. He asked if the citizens were aware of the Shepherd of The Valley expansion plans in the future north of County Road #38 and the potential impacts on parking and development of land in that area. Evans stated that on the school site, it appears on the plans that there will be large amounts of blacktop -- more blacktop than is desirable. Evans also asked whether or not the rolling site characteristics will be maintained by the development of this site or whether or not substantial grading would be necessary to make the school work in this location. Other questions Evans had included whether or not there would be more fencing required along Johnny Cake and County Road #38, how many vehicle trips per day would be generated from this use, and if there is enough room for all of the activities being proposed for this site. Evans concluded by thanking the Planning Staff for posting signs on the site, making it clear that there is a land use item being discussed and giving the public an opportunity to respond. Chairman Felkner closed the public hearing. Chairman Felkner then explained the public hearing process and stated that the earliest action would occur on May 18th. 5B. Barton Sand & Gravel: Comp. Plan Amendment, Rezoning & Conditional Use Permit Rick Kelley introduced this item and indicated that the property is designated on the comprehensive plan for high density and moderate density residential with sand and gravel as an overlay. Kelley continued by stating that the proposal would amend the comprehensive plan for 80 acres of sand and gravel and would also rezone the same 80 acres for sand and gravel mining activities. Through the use of an overhead transparency Kelley indicated that a heavy dark lane indicates the future phases on the illustration and also showed the area or the maximum acreage to be open ends. The plan is to mine the 80 acres in 4 phases and to leave the area adjacent to County Road #42 for future light industrial park. Kelley then utilized a cross section to show the elevation differences that will be created by the sand and gravel mining operations in this area. Kelley concluded by stating that there is additional information that would be required to be submitted regarding the pipelines in this sand and gravel development area. Planning Commission Minutes May 4, 1994 Page 7 Churchill asked Kelley to explain the slope that was illustrated on the cross section and asked if, when the development is done, what will happen adjacent to County Road #42. Kelley explained that there will be potentially a mix of limited industrial uses that could occur while the sand and gravel operations are taking place. This limited industrial would be close to County Road #42 and there would be a hill that would drop down to the residential that could occur after the sand and gravel has been mined from the site. Churchill then asked how this would hook up with the existing drainage in this area. Kelley explained. Sunde Engineering gave a brief presentation explaining the general site location, the access to the site off County Road #42, the plans for removal of the existing haul road, and the existing operations where sand and gravel has been moved from this site previously. The presenter explained that the site will be mined in phases. The first phase is the phase furthest to the west. Future phases then would be incrementally worked towards the east. The Sunde representative explained that once the haul road is closed, the mining activities would take place in the area of the old haul road and then final grades would be set for the site in accordance with the consolidated end use plan as outlined in the environmental impact statement. She then pointed to the 525 foot area for development prior to completion of the sand and gravel operations. She concluded by discussing the list of items that will be coming forward at the next meeting with answers, including the Williams Pipeline Information. She indicated that currently there is a north and south pipeline as well as an 8 inch east and west pipeline that will be adjacent to the mining operations. There will be a berm created to buffer these sand and gravel operations, and there are plans for careful excavation adjacent to the pipelines. Felkner stated that Staff had indicated that they would like additional information on certain items. Sunde Engineering explained that those items will be answered by the next meeting. Felkner asked if there were any other Staff comments or questions of Staff. There being none, he closed the public hearing. 6. LAND USE /ACTION ITEMS A. Nordic Townhomes: Site Plan/Building Permit Authorization for 14 Townhomes, Northeast Corner of Galaxie Avenue and 132nd Street West Scott Hickok introduced the item, explaining that the proposal is for 14 townhouse units of a double loaded unit design. The development is within the Nordic Woods Addition and the proposal is consistent with the current zoning and comprehensive plan designation for this area. Hickok pointed out that there is a diagonal easement which severs the southwest comer of the site. That corner had been developed by the Centel Telephone Company for a switching facility. Planning Commission Minutes May 4, 1994 Page 8 At the time the Centel lease and site plan were considered by the City of Apple Valley, it was necessary to grant a variance to allow 21.38% building coverage as opposed to the 20% maximum outlined in the code. Hickok pointed out that this proposal would increase that building coverage to 22.8 %, leaving roughly 60% open space. Felkner stated that there is a footprint of a building in the corner of this site and asked if that open space considered the fact that there is a building on site. Hickok responded that yes, at the time that this Centel building was constructed the developer was to consider that building area as part of his maximum percent building area, and likewise, the open green space area could be included in the overall open green space for the development. Hickok then stated that all units would be for sale, including the original 8 units that were built as rental units prior to this proposal. Hickok also pointed out that the building exteriors will be of a low maintenance siding of vinyl or steel. He had discussed adding brick to the exteriors of the building to more closely proximate the 50% requirement in the multifamily districts outside of this planned development. Hickok concluded by stating that Staff recommends approval of the site plan and building permit authorization for the 14 units in this development area with a verification of the 2 -1/2% landscape value and approval of the City Engineer for the hard surface drive in the public easement that runs across this property. Felkner asked if these developers need to meet the 50% brick in this planned development. Hickok explained that this planned development zoning predates the requirement for 50% brick; therefore, we are looking for a voluntary cooperation on the percentage brick in these particular buildings. Churchill asked for further clarification, stating that she had difficulty visualizing the building -to- open space relationships without a composite map showing the entire area, including the Centel building. Hickok explained the history of the Centel site. Churchill reiterated that she is having difficulty visualizing without a composite map. Hickok clarified that 132nd Street is on the south edge of this development as proposed and 132nd Street Court is on the east side of that development. The three driveways that have been indicated onto 132nd Street Court are to the east and not onto the neighborhood collector to the south. Miller stated that he realizes that this development predates the requirement for 50% brick, but asked about the responsiveness of the architect on this issue. Hickok responded that he would defer to the architect; however. in a conversation earlier that day, the architect indicated that they would take a look at the 50% brick coverage. Miller then asked about the exterior of low maintenance siding and the materials of the doors and windows. Norm Wells, the architect for this development, responded that the windows and doors are Planning Commission Minutes May 4, 1994 Page 9 clad. Wells then stated that he was not certain what the green space calculation is, but he believes that it may be in the area of 35 -40% green space. Gowling stated that she thought we were looking for a 50% green space minimum and felt uncomfortable with the site plan if it is only showing 35 -40 %. Hickok attempted to clarify. Gowling asked for clarification on Staff's recommendation for landscape verification and engineering approval. Hickok explained. Churchill stated that she has an issue with emergency vehicles and does not see turn arounds for these vehicles. Hickok responded that the Fire Marshal has reviewed this plan and stated that he would be able to fight a fire from areas surrounding this site without the turn arounds. Felkner asked if Staff would work with the developer on visitor parking. At present he did not feel that there was adequate parking on site. Blundetto asked which of the site plans is the preferred plan according to Staff. Hickok responded that the plan shows an access onto 132nd Street to the south, and this is preferred because it allows more green space on site. Blundetto then asked whether or not the stacking distance from the intersection of Galaxie and 132nd is adequate considering the location of this drive. Hickok responded that it is adequate. Felkner asked if Staff could provide the information that is lacking in this presentation and to bring it back on the May 18th agenda. Bob Casselman of Nordic Properties stated that the three buildings that were previously approved on site had smaller setback dimensions. A 20 foot variance had been granted to allow the buildings to be closer to 132nd Street Court, and that in working with Staff he tried to eliminate the need for a variance and still accomplish the building design and densities to make the project work. Casselman also stated that he had added garage space and felt that the building design was more saleable and more attractive. Casselman stated that this is a tremendously difficult site plan and that they have twisted every way possible to make this project work. He indicated that there had been as many as 14 alternative plans as the design process evolved, and they feel this is the best plan. A general discussion ensued. Bob Cassehnan and the Commission agreed that the best solution to this review and approval would be to bring it back at the May 18th Planning Commission meeting. Planning Commission Minutes May 4, 1994 Page 10 6B. Oak Bend Preliminary Plat for 1 Single Family Lot between 4857 & 4901 Dominica Way West Rick Kelley introduced this item, indicating that this is a one -lot plat in an 'R -1" large lot single family district with a shoreland overlay. Kelley indicated that this is a portion of the old Farquar Lake Addition and that this site would be a composite of vacated street right -of -way and open space from the earlier plat. Kelley continued by stating that the wetlands and standing water on the site had been discussed at a previous meeting. Staff felt that the best solution to address the issues of standing water and not cause future problems when a home develops on this site would be to require that the majority of the site be drainage and ponding easement, leaving a pad area for construction of a home but leaving the majority of the site in a configuration that would allow for some on -site drainage and ponding. Kelley indicated that the owner of the lot and the surveyor agreed with this solution. This would leave the northwesterly 1/3 or less for buildable site. In this area the soil can support a foundation and everyone is comfortable with the location of the home. Kelley concluded by stating that a detailed grading and drainage plan will be required at the time that a building plan is submitted to the building staff. Kelley stated that Brad Blackett, who had attended the previous Planning Commission meeting, had submitted a statement in writing that addressed the wetland and drainage issues on this site, but overall did not have a problem with development of this site as proposed. Churchill stated that in the Staff report it was indicated that this is near Long Lake. Kelley indicated that it is in the shoreland area that surrounds both Long Lake and Farquar Lake. Felkner asked if the petitioner was present. Kelley responded that the petitioner and surveyor had to be out of town for the meeting, but they were in agreement with the issues as presented. MOTION. Gowling moved, seconded by Blundetto, to approve the single lot plat, with a lot size variance subject to the easement as stated by Staff. The motion passed 5 - 0. 6C. Hoyt/VenStar Building Site Plan /Building Permit Authorization for Light Industrial Building for Office and Educational Use Scott Hickok explained the building was designed to match the VenStar 15 building in the industrial park. That building is constructed of an exposed aggregate gray tip up panel. This material is appropriate for the zoning district. The zoning itself would allow a building for this use with one interpretation. That is that the early childhood learning and special education needs an interpretation from the Planning Commission and City Council. The district does allow for trade schools. Staff believes that the impacts of the site on early childhood learning and special education will be minimal, and that the use is appropriate for the district. However, it will take an action from the Commission to concur with that interpretation. Planning Commission Minutes May 4, 1994 Page 11 Hickok also explained that the number of parking spaces are adequate as designed. The formula that was utilized is one space per 150 square feet of building area. This is the standard in our downtown district and will be adequate for this use. . Felkner asked for further explanation of the windows on the east elevation of the building. Hickok explained. Felkner then asked about trade schools and stated that they do take a large amount of parking. He asked for further information about the parking as it has been designed. Hickok explained. Churchill stated that she does not see anything in the plan to indicate what the estimate of building capacity is for this new structure. Felkner asked the architect if he has any information on capacity. The architect deferred the question to Ram Sting. Ram represents District #196. Mr. Sting stated that the plan is to have early childhood and special education during the daytime hours, and adult education during the evening hours. They have alternating peak times, and the district does feel confident about the amount of parking for the uses involved. At capacity Sting believes there will be 125 students and parents plus additional staff members. Miller asked for further clarification of the east elevation of the building for the installation of overhead doors in the future. Dave Ericksmoen explained that the turning radius, parking setbacks, and building orientation have been designed in such a way that the future reuse of this building would allow for truck transport and loading on the east elevation of this building. Ericksmoen stated that his company has built several of these buildings for a limited industrial purpose and he is very comfortable with the design of a future truck transport loading area on the building. Felkner asked if the School District has any problems with the neighbors that will eventually be developing the land around the District # 196 building. Sting responded that they are very comfortable with the surrounding area. Miller asked if there are any hazards beyond streets surrounding this property. Sting stated that they believe there is no danger created by the streets or surrounding land. Churchill commented that the site plan calls for a 25,000 square foot building with a 10,000 square foot expansion potential. She asked if that expansion will occur while the district is in the building, or if that provision is for a future industrial use. Dave Ericksmoen responded that Wold Architects are designing the interior of the building and more doors may be needed. At this time he feels that the district's needs will be met with the 25,000 square foot building. The option of 10,000 square feet either for District #196 or future industrial has been set out just to show the flexibility of the building design. It is uncertain if or when that additional 10,000 square feet would be needed. Ram Sting added to that comment by stating that the Planning Commission Minutes May 4, 1994 Page 12 district may at some point incorporate a head start program into this building. At that time they may find it necessary to complete the 10,000 square foot addition. Related to the doors, John Gretz stated that the building code requires that educational buildings have one means of egress every 50 feet and a means of egress not more than 75 feet from any point on the interior of the building. Felkner asked if there were any further questions of Staff or the petitioner. Gowling stated that she believes the early childhood /special education use would be appropriate for this site. Gowling asked for clarification as to whether or not separate motions would be required, one for the interpretation and a second motion for the site plan and building permit authorization. City Planner Kelley confirmed this. MOTION: Gowling moved to approve the early childhood and special education uses as appropriate for this zoning district. Blundetto seconded the motion. The motion passed 5 -0. MOTION: Gowling moved to approve the site plan and building permit authorizations in accordance with the Staff recommendations. Blundetto seconded the motion. The motion passed 5 - 0. Felkner noted that this item will appear on the City Council agenda for May 12, 1994. 6C. Bachman's Sign Variance located at 7955 150th Street West Associate Planner Hickok introduced the issue, stating that the request asks for approval of one of two sign variance options. Hickok then gave a brief history of the planned development, including the description of the surrounding land uses in this planned development. Utilizing an overhead transparency Hickok pointed out the single family residential to the northwest of this development and multifamily residential directly west on 147th Street. Hickok then pointed out that there is residential south of the Bachman's store across County Road #42, and that the open undeveloped area surrounding the north and eastern portions of the planned development will allow further retail. Hickok then stated that Bachman's representatives believe that additional visibility is required and the opportunity for a changeable letter sign to advertise special promotions throughout the course of the year. Hickok described both options, the favored option by Bachman's being an approximate 20 foot high freestanding pylon sign in excess of 110 square feet. The second option of Bachman's would be to add a 4 foot high, internally lit Bachman's sign on the top of their existing brick structure, bringing that structure to 11' 11" in height. Currently the code allows a maximum of 8 feet in height. The square foot dimension in either case may be appropriate based on the square foot dimension of the retail space on the Bachman's site. The real issue is: 1) the option to allow a second freestanding sign or 2) the variance to allow additional height on the existing monument sign. Planning Commission Minutes May 4, 1994 Page 13 Gowling asked what square footage the code allows. Hickok explained that a freestanding retail use is allowed 125 square feet minimum by right. This would be a combined total of the building and freestanding signs. Code also provides for larger buildings with a formula that states that one square foot of sign per 25 square feet of retail floor area up to 5,000, and then one square foot of sign per 100 square feet of floor area over 5,000 is permitted. The square foot dimensions in question would not exceed the square foot total allowed on the Bachman's site. Gowling then asked what other sign alternatives would be available. Staff has indicated that there are two alternatives. One would be to modify their existing monument sign by adding a changeable letter feature under the existing Bachman's text. A second alternative that Staff suggested was to add building signs on the east and west elevations of the building. Gowling then asked about the banners or temporary signs that are often placed on the exterior of a building to alert the public to special promotions that are happening. Hickok explained that twice a year in conjunction with holidays or grand openings, banners are allowed. Also two special promotions per year are allowed which would provide for inflatable balloons and signage that is otherwise not permitted by code. Churchill asked if Staff had the dimension of the existing Bachman's sign on the south elevation that faced County Road #42. Hickok stated that he will check on that square foot dimension. Miller asked the Commission to recall Apple Valley Ford's request for additional signage on their complex. Miller continued by stating that he is uncomfortable with this request because he feels that it is an issue of consistency. We don't want to approve a variance in one location, after denying a variance in another location. Dick Herberg, representing Bachman's, stated that Bachman's has two primary goals in requesting this variance. Herberg stated that he does not feel that additional attention per se is needed to the building itself. He feels that the existing six foot high letters on the front of the facility are adequate once you are near the facility. Herberg did feel it was important, though, to look at other options to provide consistency within the Bachman's Corporation. There are other sites that are allowed a freestanding sign with changeable letters, and they feel it is an important part of their business operations. The other important feature that Bachman's feels they would be gaining by this variance is the addition of a changeable message so that the banners and other temporary signs are not needed. Instead, signs can be modified to reflect what's happening within the building. Planner Hickok pointed out that two- thirds of a sign can be reader board according to the current sign regulations. Herberg then stated that he feels on the consistency issue that they have worked very closely with the City of Apple Valley to add the ring route amenities required, including landscaping and lighting, Planning Commission Minutes May 4, 1994 Page 14 and he feels that because they and other retailers have complied, he should be allowed a freestanding sign, or at least sign options of those other retailers within the downtown area. Felkner asked if there were further questions of the petitioner. Blundetto asked for further clarification of the existing monument on site. Hickok explained that it is an 8' high brick structure with individual letters that are spot lit. Blundetto asked about the addition to that sign, and asked Staff to further clarify their alternative versus what the petitioner is asking for in terms of a modification to that sign. Hickok explained that the Staff alternative would keep the Bachman's letters as they have been placed on that brick structure and allow an addition of a changeable message board below the existing Bachman's text. The alternative illustrated by Bachman's would be an additional lighted panel on the top of the existing brick structure. This would be internally illuminated and would be approximately 4 feet higher than the 8 foot monument sign. Felkner asked if there was a motion. MOTION: Gowling moved to approve a variance adding to the 8' monument sign as illustrated in Option B. Blundetto seconded this motion. The motion failed 2 - 3. Felkner asked if we need a motion to deny the request. Mike Dougherty stated that we do not need a separate motion, that the split vote that has failed is enough indication as to where the Planning Commission is on this issue. Churchill then made a statement about equity, indicating that she is very proud and feels that the Bachman's facility is a very important part of the downtown area. However, we have been asked as a Staff and Commission to review variances in many different districts. In order to be consistent and fair with other retailers, Churchill stated that her option to deny this request was based on that willingness and interest in being consistent with the other uses. Herberg then made a final statement that he hopes that in the future the City of Apple Valley will rework its sign code to allow additional signage for those folks within the downtown so that Bachman's and other retailers can have an equal opportunity to advertise on site. 6E. Huntington Ridge Garden Homes Rezoning & Preliminary Plat for 52 Townhouse /Condominium Dwelling Units and Outlot for 3 Single Family Lots (TABLED) 6F. Utility Corridor and Substation (TABLED) 7. DISCUSSION ITEMS A. Dakota Electric Update John Gretz gave a brief presentation to update the Planning Commission on the issue of Dakota Planning Commission Minutes May 4, 1994 Page 15 Electric Cooperative Power substation and transmission line. Gretz indicated that there has been much progress of Dakota Electric and Cooperative Power. Through the use of an overhead transparency Gretz illustrated the option that is being closely reviewed at this time. That option would utilize the existing transmission line poles along County Road #42. Those transmission line poles would be enhanced to carry the additional wires needed for transmission in this area and a substation would then be located north on the newly acquired Apple Valley Athletic Complex expansion area adjacent to the Public Works facility on 140th. To serve that substation the transmission lines would go up the industrial portion of the development along Johnny Cake Ridge Road, which would involve additional costs. On the down side, Gretz indicated that not only are there costs, but there would be an additional 6 to 8 acres required south of County Road #42 to provide for a switching station, essential in this design of transmission and substation locations. The difference would be 3.6 million dollars or 9 million dollars for the original proposal on County Road #38 and 12.5 million dollars for this proposal. John went on to state that because the transmission lines would be going through an industrial area and would be located so as not to interfere with the ball fields in the athletic complex, he feels this is a good solution. From all indications and discussions that he has had, he has been given positive feedback. The question that will be coming back to the Planning Commission is how to fund the additional 3.5 million dollars necessary for this plan. Gretz utilized a second transparency indicating that based on a 1 -5% franchise fee on the electric users bill, the capital could be raised for this project to put those percentages into a frame of reference that would be familiar for the public. One percent is the equivalent of 58 cents on the average electric bill. There would also be a $300 cap for large electric users. These funds would then allow the cash to be put into an account to fund the future development of this corridor proposal. Felkner responded that he is very glad to see this and thanked Staff for their work in bringing this forward. Churchill asked whether or not we would be seeing a network map as she recalled. A network was discussed at some length in the earlier presentations. Gretz indicated that the network map will be coming back before them as this proposal becomes finalized. Churchill commented that her recollection of that network plan is that this new proposal would be consistent and lend itself to the future network for Dakota Electric Cooperative Power. Felkner asked when we will be done with this. John Gretz responded that hopefully the negotiations will be done tomorrow, and this item will be on the agenda as required regularly until all issues have been resolved and the transmission corridor can be constructed. Planning Commission Minutes May 4, 1994 Page 16 8. OTHER BUSINESS B. Community Development Department Changes John Gretz gave a very brief presentation indicating that Rick Kelley is now the acting Community Development Director for the department and with that shift, Gretz is now the acting City Administrator for the City of Apple Valley. These terms have been set as temporary with a six-month window of time. Blundetto asked if there was any way that the Planning Commission could send a message to the Council that they would like to formalize these actions. Blundetto went on to say that he is very pleased with the talent that the City has and feels these individuals should not be put in a temporary position, but instead a permanent position. A general discussion ensued regarding a letter to that effect, but no formal action was taken. 9. ADJOURNMENT The meeting adjourned at 10:35 p.m.