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HomeMy WebLinkAbout04/17/1991PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY April 17, 1991 1. CALL TO ORDER The April 17, 1991 meeting of the Apple Valley Planning Commission was called to order by Chairman Alan Felkner beginning at 9:30 p.m. in the multi - purpose meeting room of the City of Apple Community Center. Members Present: Chairman Felkner, Members Richard Carlson, Jeannine Churchill, Karen Edgeton, Marcia Gowling, and Joseph Nordlund. Members Absent: Member Eugene Kitzman Staff Present: Richard Kelley, Chelle Benson, Keith Gordon, and Dennis Welsch. Others Present: See the sign -in sheet. 2. APPROVAL OF THE AGENDA The agenda was approved as submitted. 3. APPROVAL OF THE MINUTES OF APRIL 3, 1991 The minutes of the April 3, 1991 meeting were approved with the following corrections: /Page 7, under Election of officers, member Felkner nominated Karen Edgeton for Vice Chair. The minutes incorrectly identified Gowling. g age 2, paragraph 5A, the last sentence of the paragraph should read, the applicant requested an amendment... r age 3, first paragraph should read Chairman Carlson (instead of Erickson) opened the public hearing. MOTION: With the above mentioned corrections and some typographical corrections by the city staff, a motion was made by Gowling, seconded by member Edgeton, to approve the minutes. 4. CONSENT AGENDA (One motion sends items needing no discussion on to the City Council with the staff recommendations.) There was no consent agenda. Planning Commission Minutes April 17, 1991 Page 2 5. PUBLIC HEARINGS A. Midas Muffler /Jiffy Lube /Restaurant - Comprehensive Plan Amendment from 11 LB" to IISC Rezoning for Amendment to Planned Development No. 244, Subzone #1, Preliminary Plat, and Conditional Use Permit LOCATION: SE Quadrant of the Intersection of C.R. #42 and Gleason Avenue PETITIONER: Midway National Bank of St. Paul (PC91- 010 -BSZ) STAFF REPORT: April 17, 1991 by City Planner Richard Kelley Chairman Felkner opened the public hearing which had been continued from the April 3, 1991 meeting. City Planner Richard Kelley presented the staff report dated April 17, 1991. He discussed the zoning and the Plan Development 244, Zone 1, and also discussed the comprehensive plan amendments needed. Kelley noted that a preliminary plat will be required which includes three new lots. The northern two lots would be used for a common wall building. He explained the site plan proposal with three access points, two on Gleason Pass and one 151st Street. The architectural details of the proposed building will also reviewed. Kelley noted that the uses permitted in the code for this site are intended to compliment the shopping center project and that the general business /auto service center uses were intended to occur further to the East from this site. The comprehensive plan restricts and clusters these uses in general business districts. Gene Pedersen, Developer and Applicant representing Midway Bank, Jiffy Lube, Midas Muffler, and the Pedersen Restaurant Proposal presented background on the trends towards more customer friendly auto service stations. He noted that by changing the zoning to allow for auto service stations and Jiffy Lube operations, the remainder of the site would be economical for a restaurant. Pedersen handed out to the Commission a letter from Northwest Banks clarifying their position regarding any interest in this site. Pedersen commented on the design of auto malls near shopping centers throughout the country. He noted that auto service architecture has been upgraded in Brooklyn Center and Excelsior. Peterson also noted that he is working with Homart to develop this type of use as a key retail service in new shopping centers. Peterson stated that the Jiffy Lube -Midas Muffler building will be as expensive as any other building in the Apple Valley shopping center. Planning Commission Minutes April 17, 1991 Page 3 John Anderson, representing Jiffy Lube, presented background on the Jiffy Lube business and the need for higher quality stores that are consumer friendly with a clean environment. He stated that 50% of the customers at a Jiffy Lube are women. Jiffy Lube provides 10 minute service where auto owners may stay in the service station or the vehicle. Pedersen proposed that the site would have: 1. No overnight parking 2. Would provide additional parking beyond what is required by the code. 3. Would have service bay doors closed at all times except when entering or leaving the site. 4. Would have landscaping that will conceal all but the top one- fourth of the bay doors which will be anodized metal and glass door panels. Member Gowling asked for clarification regarding the doors on other service facilities along County Road 42 and near the Burnsville Center where in vehicles being repaired are clearly visible on hoists as seen from the street. Mr. Anderson and Stranik explained the new design concepts being utilized by Midas and Jiffy Lube. Stranik mentioned that Midas does both exterior and interior design for its buildings to create a pleasant environment for the customer. Midas has new stores in Har Mar and St. Louis Park. Chairman Felkner asked for an example of a five to ten year old Midas and Jiffy Lube building. Pedersen responded that there are none, this type of building was not built five to ten years ago. Felkner asked for further clarification regarding the use of this type of building if Midas either left or failed. Stranik and Pedersen responded that a Midas Muffler shop has never failed. Pedersen said the garage doors could be removed and windows added to the site. He noted that this is the best retail site in Apple Valley. Chairman Felkner asked for comment from the public: Sandra Lipsey, 1st Bank of Apple Valley President, stated the Bank has no objection to the rezoning of the site. There was no further public comment. Planning Commission Minutes April 17, 1991 Page 4 Chairman Felkner closed the public hearing and noted that the Planning Commission will deliberate on this issue on May 1, 1991. 6. LAND USE /ACTION ITEM A. Apple Ponds Neighborhood Center - Comprehensive Plan Amendment from "HD /MD" to 'INC", "LB", and "HD /MD ", Rezoning from " A " to Planned Development; Preliminary Plat; Conditional Use and Building Permit for Motor Fuel Sales and Car Wash LOCATION: SE Corner of Cedar Avenue and 155th Street W PETITIONER: Robert L. Carroll, etal. (PC91- 009 -BSZ) STAFF REPORT: April 17, 1991 by City Planner Richard Kelley City Planner Richard Kelley presented the staff report in which he explained that the 50 acre site which is currently planned for multi- family development would be developed for (if approved) Neighborhood Center, limited business, and multi - family uses. The existing zoning on the site is agriculture. He described the preliminary plat and outlots proposed. Only one lot would actually be created in this plat; Lot 1, Block 1, which would be utilized for a Phillips 66 Fuel Sales and Car Wash operation. Kelley also reviewed the Phillip's 66 site plan. With numerous conditions, the planning staff recommended approval of the rezoning, comprehensive plan amendment, preliminary plat, and conditional use permit and site plan approval for the Phillips 66 facility. Member Carlson asked for clarification regarding zoning inconsistencies and the transition from commercial development to low density residential south of this site. Kelley responded by explaining the history of the 5.5 acre site along 155th street which was originally planned for retail business. John Voss and Reid Hansen provided background on the proposal and the transitions from retail business adjacent to Menards to the area along 157th Street which would be used entirely for multi- family or other types of housing. Carlson responded that this appears to be creeping commercial development which reduces the city's multi - family long range plan. Member Edgeton asked if the appropriate transition between Menards and the residential area should be 157th Street as the boundary for uses other than single family. Member Nordlund stated that residential uses adjacent to Cedar Avenue may not be a good living environment. Planning Commission Minutes April 17, 1991 Page 5 City Planner Kelley distributed a petition signed by 56 people living in the Apple Ponds area opposed to any type of commercial development. John Voss noted that there are no amenities on this site to allow for a pond or other type of focal point. He stated that if the entire 50 acre site were developed for multi - family, a concentration of 500 units of multi - family housing would occur in one location which is extremely high. Edgeton noted that this may be a net loss of approximately 10 acres of multi - family zoned land within the community. Reid Hansen and John Bacchus, representing Phillips 66, responded to the staff report by noting that they understand the staff report and accept the conditions within the report. Chairman Felkner asked for clarification regarding the 24 hour service that would be provided at the service station. Planner Kelley noted that a condition will be placed in the planned unit development which prohibits any retail or commercial use that would operate 24 hours a day from being immediately adjacent to a residential area. MOTION: A motion was made by member Gowling, seconded by member Edgeton, to recommend approval of the comprehensive plan amendment from HD /MD to NC, LB, and HD /MD as described in the staff report. The motion carried 5 - 1. MOTION: Member Gowling moved, seconded by member Edgeton, to recommend approval of the rezoning from "A" to Planned Development and to include within the Planned Development conditions and criteria by which 24 hour service facilities are prohibited from locating adjacent to residential areas. The motion carried 5 - 1. MOTION: Member Gowling moved, seconded by member Edgeton, to recommend approval of the preliminary plat subject to the modifications for street easements and street options to be acquired by the city. Motion carried 5 - 1. MOTION: Member Gowling moved, seconded by member Edgeton, to recommend approval of the conditional use permit for the Phillips 66 fuel sales and car wash operations subject to the conditions in the staff report. The motion carried 5 - 1. MOTION: Moved by member Gowling, seconded by member Edgeton, to recommend approval of the building permit and site plan authorization for Phillips 66 subject to the conditions in the staff report. Motion carried 5 - 1. Planning Commission Minutes April 17, 1991 Page 6 B. Consideration of Freestanding Sign Variance LOCATION: 7656 - 150th Street West (C.R. #42) PETITIONER: McDonalds (PC91- 011 -V) STAFF REPORT: Scott Hickok, dated April 17, 1991 Planning Intern Chelle Benson provided background report on the McDonalds restaurant request to add an additional 8 s.f. of sign area to the existing drive -thru sign space located on the existing free standing sign. McDonalds would create a 24 s.f. changeable letter reader board sign in the place of the current drive -thru sign. The staff clarified that the existing signage on the McDonalds building already exceeds the city's new sign code limits. Staff also noted that the sign could be placed on the existing free standing pylon provided other signage on the site was removed. Chris Smothers, supervisor for McDonalds agreed that the drive -thru sign could be removed and replaced with a reader board and additional signage removed from the site to meet the city's sign code. A general discussion ensued regarding what the sign criteria of other restaurants in the area has been. McDonalds withdrew the request for a variance and will submit a plan to reduce overall signage on the site and allow for a reader board on the existing free standing site. No action was necessary. C. Consideration of Setback Variance of Porch, Roof, and Garage Extension LOCATION: 14166 Elgin Court PETITIONER: David Dubay (PC91- 013 -V) STAFF REPORT: Chelle Benson dated April 17, 1991 Planning Intern Chelle Benson provided a background report regarding a setback variance request which would allow a four foot garage extension within the front yard to the property located at 14166 Elgin Court. If this variance is granted the garage would sit 26 feet from the front property line. The city code requires a 30 foot setback. The staff recommended denial of the variance because no proof of practical construction, design difficulties, or specific physical hardships had been shown as is required by the state statute and city code. Mr. David Dubay, owner of the property, stated that the original application was submitted by a remodeler who did not provide enough information to the staff to review the entire proposal. He stated the reasons for the request were to eliminate unsafe conditions along a entry sidewalk wherein water and ice from Planning Commission Minutes April 17, 1991 Page 7 the roof fall and collect. Ice builds up on the steps from a faulty roof overhang design. Children and adults have fallen in these locations. He also noted that the front of the house has a it -inch eve. The water from the eve drips directly into the driveway and into the garage, creating another slippery location. Member Churchill agreed with the applicant, noting that she has observed a similar serious and dangerous situation. Member Nordlund asked if rain gutters might do the same thing as the variance request. Member Carlson stated he has observed this conditions and finds that the demonstrated hardship is the safety concern. MOTION: Member Carlson moved, seconded by member Gowling, to recommend approval of the 4 foot variance request to allow the garage (and associated porch eves) within 26 feet of the front property line based upon the safety hazard along the roof line. The motion carried 6 - 0. 7. DISCUSSION ITEMS A. HRA - First -time Home Buyer Program The Planning Commission received a report from Richard Kelley regarding the Dakota County HRA's First -time Home Buyer Program. B. HRA - Proposed Cedar Knolls Rental Housing The Planning Commission received a report from City Planner Richard Kelley regarding the Dakota County Proposed Cedar Knolls Rental Housing. 8. OTHER BUSINESS A. Tentative schedule for May 1, 1991 Community Development Director Dennis Welsch related that there will be at least five public hearings on the May 1, 1991 meeting scheduled. B. Member Richard Carlson announced that he will resign from the Planning Commission effective after this meeting (April 17, 1991). He noted that he is moving to another location outside of the city limits and that he wanted to thank the Commission and Staff for the opportunity to serve. Chairman Felkner asked the staff to draw up a resolution of congratulations and appreciation to member Carlson, to be signed at the May 1, 1991 meeting. Planning Commission Meeting April 17, 1991 Page 8 9. ADJOURNMENT MOTION: A motion was made by Member Carlson, seconded by member Edgeton, to adjourn. The meeting adjourned at 11:55 p.m. PLANNING COMMISSION MEETING SIGN -IN SHEET NAME ADDRESS PHONE Nancy Ludwig 7300 West 147th Street 432 -8422 Pastor Lawrence Martin 197 Garden View 432 -1785 Tom & Brenda 5155 - 127th Street West Norlan Maluka 193 Strese Lane 432 -0401 Ray Rekz Thisweek Angie Doody Countryside Bob Erickson 14299 Garland Avenue Dick Stranik 5148 West Mill Road Gene Pedersen 12910 Hamlet 452 -3667 Joe Stranik 9755 Jackson Blake 780 -8778 Steve Horner 188 Walnut Lane 432 -5021 Sandra Winters 1221 Honeysuckle Hastings 438 -2904 Chris Arthur McDonalds David & Christine DuBay 14166 Elgin Court 423 -3388 Bruce Knutson 4248 Dupont Avenue South 824 -4021 Al Sterner 7302 Gerard Avenue John Anderson 7501 Auto Club Road 944 -1317 Paul Graffith 7525 West 147th Street 432 -7731