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HomeMy WebLinkAbout05/01/1991PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY May 1, 1991 1. CALL TO ORDER The May 1, 1991 meeting of the Apple Valley Planning Commission was called to order at 7:34 p.m. Members Present: Chairman Felkner, Members Karen Edgeton, Marcia Gowling, Eugene Kitzman, and Joe Nordlund. Members Absent: Jeannine Churchill. Staff Present: Dennis Welsch, Chelle Benson, Lon Aune, and Meg McMonigal. 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 17, 1991 A motion was made by Marcia Gowling, seconded by Joe Nordlund, to approve the minutes. The motion 4 - 0 with one (Kitzman) . ' 4. CONSENT AGENDA (One motion sends items needing no discussion on to the City Council with the staff recommendations.) None. S. PUBLIC HEARINGS A. Apple Ponds 3rd Addition LOCATION: Northern Corner of County Road #46 and Garrett Path PETITIONER: Winkler Development (PC91- 014 -SF) STAFF REPORT: May 1, 1991 by Intern Chelle Benson Planning Commission Minutes May 1, 1991 Page 2 Chelle Benson presented a background report in which she indicated that the plat has been changed from what was previously approved. Instead of running all the roads east to west, the southern most road has been eliminated and one east -west and two north -south cul -de -sacs have been added. The only issues with the plat are that a five (5) foot sidewalk connection is recommended between Galaxie Avenue and the proposed park and that a five (5) foot Galaxie Avenue sidewalk the length of the plat, needs to be part of the improvement project. The petitioner, Bart Winkler, and the engineer, Wayne Tauer, were present. Mr. Tauer explained the reasons for the changes of the development. He indicated that the plat was changed in order to allow deeper lots along Galaxie Avenue and County Road 46. He also indicated that the streets are now more curvilinear and that the average lot size is now a little bit bigger. Mr. Tauer further indicated that the developer opposes the sidewalk from Galaxie Avenue to the park as he feels it is not necessary and that children will be encouraged to cross Galaxie Avenue. He also indicated that they would like to change some of the landscaping that is required by the planned development ordinance. Chairman Felkner requested that the developer review the landscape plan with the City Forester. No one was present from the public to speak. Chairman Felkner closed the hearing. This item will be on the May 15, 1991 Planning Commission agenda. B. Southport Centre Planned Development LOCATION: Southeast Corner of Cedar Avenue and County Road #42 PETITIONER: Ryan Construction, Inc. (PC91- 015 -Z) STAFF REPORT: May 1, 1991 by Community Development Director Dennis Welsch. Dennis Welsch presented the staff report indicating that the issue is whether a drive -thru is permitted on this site or not. Because this is a multi- tenant building, the Staff and the City Attorney interpret the code to read that the drive -thru is not a permitted use. He indicated that drive -thrus on multi- tenant buildings create conflicts between vehicles and pedestrians because the drive -thru requires driving entirely around the building. He also noted that downtown design guidelines indicate that building should be oriented toward the street. Vince Driessen from Ryan Construction was present. He said that there are other areas in town and in the metro area where drive -thrus are attached to multi- tenant buildings. Examples include: Walgreen's that was approved with a drive -thru. He said that traffic congestion would be internal on the private road. He said that the retailers do not object to a drive -thru. He indicated the drive -thru window will be screened by the building itself. Member Gowling asked about the traffic pattern and said that it re- Planning Commission Minutes May 1, 1991 Page 3 quires going around the entire building. This is not true on TCF and other banks. She also asked how they propose to handle the internal congestion. Mr. Driessen said they would not have any noon -time deliveries, and because there is enough stacking space, stacking will not occur around the main parking lot. Commissioner Nordlund asked how many tenants will be in the building. Mr. Driessen indicated there will be four tenant spaces. Mr. Nordlund asked if they could put the drive -thru in the back, which would require pavement only around three sides of the building. Mr. Driessen indicated that it could be put in the back but the drive -thru window would then be more visible. Commissioner Kitzman said that he thought it was a complicated design for a building. He asked about signs to direct traffic and thought that it would be confusing and that signs would distract aesthetically. Mr. Driessen read excerpts from the letter from City Attorney Jim Sheldon. Commissioner Edgeton asked why a multi- tenant would be more desirable than a single tenant in this building. Mr. Driessen answered that the advantage is getting a national retailer and more businesses. Member Marcia Gowling asked about size comparisons and was told that a fast food restaurant is usually about 3500 square feet. This building is 4000 square feet.. Chairman Felkner asked Dennis Welsch about the status of the restaurant study. Dennis Welsch indicated that the first phase of the restaurant study was approved and implemented. It included phone and mail contact of over 250 restaurants. Many restaurants have contacted the City indicating an interest. They are directed to 18 sites in the downtown area, including this site. Mr. Driessen indicated that Ryan Construction is working with a Class I restaurant, but is not certain that a deal will be completed. Because Ryan has a signed lease with Wendy's, they must go through with this request as a good faith effort. Gene Pedersen, 12910 Hamlet, described other restaurants seeking space in Apple Valley. Gerald Benack, 5387 Emerald Way, suggested closing off one of the driveways near the front of the store. He was told that it lines up with the driveway in the Target parking lot and is necessary. The public hearing was closed. No action was taken. Planning Commission Minutes May 1, 1991 Page 4 C. Electric Substations /Transmission Lines zoning Ordinance Amendment LOCATION: City -wide PETITIONER: City of Apple Valley (PC91- 017 -0) STAFF REPORT: Dennis Welsch Chairman Felkner opened the public hearing. Community Development Director Dennis Welsch presented the proposed amendments to the text of the zoning code. They state that such facilities should be located in a institutional zone, with a conditional use permit. They must be adjacent to a utility corridor. There are two new definitions in the ordinance for "utility corridor" and "utility building ". The utility corridors must be consistent with Comprehensive Plan. New standards are established for utility buildings and burial of cable. Mr. Eldon Johnson, representing Dakota Electric Association, indicated that D.E.A. staff have had fruitful meetings with the City Staff. He said that the issue was raised when Dakota Electric approached the City on a new substation. The new substation is proposed to be located on a wooded site in the side of a hill. He thinks they can cut into the hill to make it less noticeable, with no adverse impact on the residents. The lines would follow the new County Road 38 and would not be buried. Apple Valley currently only has one substation. Johnson said utility corridors are a good idea. The Fischer substation was built in 1971 and the feeder lines that run along Galaxie Avenue were also built in 1971. Dakota Electric would like to be a part of planning the corridors and because stations must be located where they can support each other. Dakota Electric is opposed to the City requiring existing overhead services to be buried. This can be very costly. If other public road or private development is occurring concurrently, then it may make sense to bury them. Member Nordlund questioned how much of a subsidy Apple Valley gives to the more rural communities. Nordlund indicated that revenues are higher in Apple Valley because it is a higher density area and are more cost efficiencies. Mr Johnson indicated that he thinks that instead of an ordinance, the City should adopt more flexible guidelines. He also indicated that in Section Al -17(b) lines cannot always be buried. Masonry walls around a station are not practical because of the heat the stations give off. He also said that barbed wire is the industry standard and is required around the stations. Member Nordlund asked about the maintenance of underground lines. Dakota Electric representatives said that underground lines are currently being replaced every 14 years, whereas overhead lines Planning Commission Minutes May 1, 1991 Page 5 are being replaced every 45 years. Mr. Arleigh Thorberg of Dakota Electric Association Board indicated that he thinks that they could work out the concerns and revisions to the ordinance. Chairman Felkner said that he hopes that the Staff can work with the utility companies to resolve the issues and return at a future meeting. Mr. Gene Nelson from Central Telephone Company also spoke. He indicated that while Centel supports Dakota Electric's points, they also support Apple Valley efforts to ensure orderly planning efforts. He said that aesthetics are considered when siting facilities. He welcomes the opportunity to discuss the issues with other utilities and City Staff. The public hearing was closed. No action was taken. D. Conditional Use Permit - Amendments to Standards LOCATION: City -wide PETITIONER: City of Apple Valley STAFF REPORT: May 1, 1991 by Community Development Director Dennis Welsch Community Development Director Dennis Welsch presented the report dated May 1, 1991 indicating that text amendments to the zoning code, specifying standards for issuing a conditional use permit. He said that the City has been using such standards, but the City Attorney thinks these standards should be listed in the Code. There are seven standards as noted in the report. No one was present to speak at the public hearing, the public hearing was closed. MOTION: A motion was made by Member Nordlund, and seconded by Member Edgeton, to recommend approval of the zoning text change as modified by Staff including an eight stipulation or standard that indicates that the other city standards or those attached to the permit in addition to the 7 listed in the ordinance would still apply.. The motion passed P' 5 - 0. E. Capital Improvements Plan Chapter of the City's Comprehensive Plan LOCATION: City -wide PETITIONER: City of Apple Valley (PC91- 019 -P) STAFF REPORT: May 1, 1991 by Associate Planner Meg McMonigal Chairman Felkner opened the public hearing and asked Associate Planner McMonigal to present the staff report. McMonigal indicated the purpose of the public hearing was to receive comments on the Capital Improvements Plan for 1992 -1996. She described the purposes and definitions within the plan. The Planning Commission's role is to review the improvements, and determine Planning Commission Minutes May 1, 1991 Page 6 whether they are consistent with the comprehensive plan. The C.I.P. ultimately becomes a chapter of the Comprehensive Plan. There are 87 requests over five year period. The closest years are the most realistic; 1996 and beyond are considered long term projects. McMonigal reviewed the proposed items each year and the assumptions by each department. The Staff recommended that the CIP be approved as consistent with the Comprehensive Plan. Mr. Robert Berg questioned what are the priorities in the plan. Staff responded that the priorities are set when the City Council makes budgeting decisions each year. Chairman Felkner closed the public hearing. A motion was made by Member Gowling, seconded by Member Edgeton, to recommend approval of the CIP as being consistent with the Comprehensive Plan. The motion was carried-k5-0. 6. LAND USE /ACTION ITEMS A. Midas Muffler /Jiffy Lube Restaurant - Comprehensive Plan Amendment from "LB" to SC", 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: May 1, 1991 by Community Development Director Dennis Welsch Community Development Director Dennis Welsch presented the background report. He recommended that the Commission should not focus on the site design issues but rather on the rezoning issues. The Staff recommends that auto services should be located on the peripher)�k of the downtown area - a yl__ =' _ __' _" -- * , The zoning of this retail site should not be changed to include auto services. Gene Pederson, the developer, indicated that a restaurant that is committed to the site is "The Grainery" from Grand Forks, North Dakota. He also indicated that the doors on the auto services will be a non -glare anodized type. Member Edgeton asked if they have looked at other sites in the community. Dick Strand from Midas Muffler indicated that he thinks location is vital to the business and is not willing to locate at another site. Chairman Felkner indicated that he has spoken to many of the people here. He believes that, although the businesses would be Planning Commission Minutes May 1, 1991 Page 7 good for Apple Valley, this may not be the right spot. He said the parcel is one of the prime undeveloped real estate in Apple Valley and thinks that it will develop very soon. Gene Pederson indicated that this is a development that is "one -in- the - hand" and is worthy of the City's approval. Chairman Felkner said the building design is appropriate, but does not think it is an appropriate use on the site. He doesn't think the best use of this property is for auto repair. Dick Stranik indicated that this is a difficult site to develop. Ed Brunkhorst said that the idea of the ring route is to have services close. John Anderson, representing Jiffy Lube, indicated that he will locate on that site or not in Apple Valley at all. He indicated that times are changing and this is a service economy. MOTION: A motion was made by Member Gowling, seconded by Member Felkner, to recommend denial of the rezoning and other affiliated requests because the use is not consistent with the comprehensive land use guide plan and the existing planned unit development. The motion passed 3 - 2. This item will be sent to the City Council on May 9, 1991. Chairman Felkner indicated that he would like to comment on the way this project was pursued by the proposers. Planning Commissioners received several calls from the people on this project. Felkner indicated that he objects to the proposers making comments indicating that the Staff may be changing its' recommendation and also to comments that the Commissioners will be voting a certain way. He feels that the Commissioners will make up their minds at the meeting and feels these techniques are not fair to the other Commissioners. Mr. Dick Stranik responded that he did say that the Staff was more responsive than before, but he did not say they were changing their recommendation. He also did say that "there is support for the project" among the Planning Commissioners. B. Building Permit Authorization for Centel LOCATION: 132nd Street and Galaxie NE Corner PETITIONER: Central Telephone Company (PC91- 016 -BV) STAFF REPORT: May 1, 1991 by Associate Planner Meg McMonigal Associate Planner McMonigal presented the staff report describing Centel's proposal for a small 400 s.f. building that will contain a switching station on the corner of Galaxie Avenue and 132nd Street. It will be a brick building. The staff Planning Commission Minutes May 1, 1991 Page s recommends adding some relief to the brick on the building and landscaping along the south side towards 132nd Street. A representative from Centel, David Frame, indicated that Centel could accommodate those two requests. MOTION: A motion was made by Member Gowling, seconded by Member Nordlund, to approve the building permit authorization for a Centel Switching Station subject to the two conditions recommended by staff. The motion passed unanimously. 7. DISCUSSION ITEMS A. Concord Property May 15, 1991 - Dennis Welsch Dennis Welsch presented a verbal report indicating that the Staff would continue studying some of the items and will be working with the property owners on uses which would be more compatible to the site and adjoining properties. He indicated that at this time there are no specific answers or recommendations. Mr. Robert Berg, 14441 Emerald Path, complimented Dennis Welsch for his efforts on this property. He indicated that there had been a lot of animosity with the people that live in the area. He suggested that a meeting be held with the neighbors to discuss the future land uses. Dennis Welsch agreed that that would be a good idea. A meeting will be held with the consultants and property owners invited. Mr. Earl Brookes from "Diamond Path Clusters" agreed that there was animosity and indicated that he would like to be contacted for a meeting, also. B. Airport Issues Dennis Welsch indicated that he thought the airport meeting went very well and that the Planning Commission on their willingness to hold such a meeting. A general discussion ensued on what direction the Planning Commission should take. It was agreed that at the next meeting of May 15, 1991, some time would be reserved for further discussion from the public on the item. C. Wensmann Sketch Plan Pilot Knob Road between Essex Avenue /Embry Path (to the north) and 144th Street (to the south) PC91 -020 -C I Planning Commission Meeting May 1, 1991 Page 9 Associate Planner McMonigal presented the report and Wensmann proposal. The Commission indicated that they thought the site could be designed more creatively, with less -over all coverage of the site. A staged or phased plan with apartments, townhouses, and more open space was preferred. They recommended that Staff work with the Wensmanns to redesign the project. 8. OTHER BUSINESS A. Resolution Congratulating Richard Carlson The Resolution congratulating and thanking former Member Richard Carlson was signed. B. Receive Draft Amendments - Mobile Home Park Ordinance Dennis Welsch distributed the draft ordinance amendments to the Mobile Home Park Code and indicated that they are making progress with the owners on record keeping and procedures. The Planning Commission consensus was to continue to improve the ordinance. 9. ADJOURNMENT The meeting adjourned at 11:05 p.m.