HomeMy WebLinkAbout12/04/1991PLANNING COMMISSION MINUTES
CITY OF APPLE VALLEY
December 4, 1991
CALL TO ORDER
The meeting was called to order at 7:30 p.m. by Chairman Alan Felkner.
Members Present: Karen Edgeton, Alan Felkner, Eugene Kitzman, Joe Nordlund,
James Norris, and Jeannine Churchill.
Members Absent: Marcia Gowling.
Staff Present: Richard Kelley, Scott Hickok, Meg McMonigal, Lon Anne, and
Dennis Welsch.
Others Present: See the sign -in sheet.
2. APPROVAL OF THE AGENDA
The agenda was approved as submitted with two additions: 8B - designation of a
representative to the City Goal Setting Session, January 9th and 10th; and 8C - a verbal report
on resolution of the Hauck variance case by Scott Hickok.
4. CONSENT ITEMS
None.
5. PUBLIC HEARINGS
A. Whitney Plaza Mixed Retail Commercial Development -
Comprehensive Plan Change, Planned Development Rezoning,
Replatting, Site Plan Review
LOCATION: Northwest Corner of Cedar Avenue and Whitney Drive
PETITIONER: Daly Development Company (PC91- 058 -PZSB)
STAFF REPORT: Richard Kelley, Dated December 4, 1991
Planning Commission Chairman Alan Felkner opened the public hearing and requested
City Planner Richard Kelley to provide a background report on the Whitney Plaza Mixed
Retail Commercial Development proposal. Kelley explained that the existing Comprehensive
Plan designation for the site is high density housing and the zoning on the site is M -8C which
allows for high density housing of 3 to 5 stories in height. Kelley also explained the existing
uses surrounding the site, including a school to the south, multi - family housing to the west,
townhouse projects to the north, and commercial retail development to the east. He explained
that Whitney Avenue was originally proposed to be reopened for this project by the Developer.
Planning Commission Minutes
December 4, 1991
Page 2
The proposal, as submitted, would include six lots and the rededication of one -half of Whitney
Drive for a street connection to Cedar Avenue.
Kelley explained the original site plan submitted in detail. This site plan included 2 -
Class II restaurants and 4 - 5 retail tenants in a strip center, including two auto service uses.
He illustrated building elevations which showed a brick strip center and two restaurants with
a shared canopy. The restaurants needed more compatible architecture to satisfy the City's
downtown design standards.
Kelley noted that the Planning Commission should consider whether this is an
appropriate use adjacent to a residential area. The Planning Commission should also consider
traffic circulation to the west and the timing of rezoning. He asked whether this zoning may
be premature, especially since there are many vacant lots still remaining in the downtown
which would allow for the types of uses proposed on this site. Kelley noted that this site is
very similar to the Minnehaha Nursery /Biewald Hackett Office Building along the northeast
edge of Cedar Avenue at 145th Street, wherein only limited businesses are permitted on the site.
Bruce Knutson, architect representing applicant Robert Daly, distributed handouts and
overheads and explained revisions to the site plans prepared in the last week. One of the
revisions would eliminate the need for a through street on Whitney Drive, but rather would
create a driveway from Cedar Avenue into the site. Knutson noted that the buildings would
be moved back twenty feet from Cedar Avenue and driveways along Whitney Avenue would
be reduced to two. There would be shared parking space between two restaurants equalling 45
spaces per restaurant. The architectural style of the buildings would be changed to include
more shed roofs, lower scale walls and more residential character design.
Applicant Robert Daly introduced Mr. Richard Ohlin who represented Taco Bell
Corporation, Ms. Jan Bagley representing Dairy Queen and Mr. Joe Stranik representing Midas
Muffler.
Chairman Felkner noted that the changes made by Architect Knutson more closely
comply with the City's design and zoning standards.
Norman Bjorness, owner and developer of adjacent Whitney Pines and Apple Villa South
Apartment projects, stated that he opposed the use proposed as not consistent with the
Comprehensive Plan and the existing uses in the area. He stated that no demonstrated evidence
has been presented by the applicant that proves this change is necessary. Bjorness noted that
people living on the second and third floor of his two apartment projects would face the back
and roof of this project. The project would add traffic to Whitney Drive wherein over two
hundred residents and 100 children currently live. He noted that other land is available for
such a project, especially on the east side of Cedar Avenue, adjacent to 155th Street. He
expressed concern that this project would definitely change the character of a residential
neighborhood.
Dan Evans, 7591 Whitney Drive, a resident of the townhouses to the north side of the
project, expressed concern with the traffic along Whitney Drive and the introduction of new
drivers and traffic into the neighborhood. He also expressed concern about the speed on
Whitney Drive. Evans spoke with Cedar Park Principal, Ms. Greeness, who stated she opposed
the project because it jeopardizes the safety of school children along Whitney Drive. Evans also
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December 4, 1991
Page 3
opposed Midas Muffler because of the noise and cutting torches that would be objectionable
in any residential area. Evans also explained that soccer parking adjacent to Cedarview School
would still create problems along Whitney Drive and that the comprehensive plan and existing
uses in the area demonstrate that the area is best suited for other types of uses than Muffler
Shops and Fast -food Shops. He recommended moving the project to other existing vacant sites
in the downtown.
Joe Stranik, representing Midas Muffler, stated that Midas Muffler does not use
pneumatic drills, and that it closes its operation at 7:00 p.m. Stranik stated that Midas Muffler
draws customers from a 2 -3 mile neighborhood radius for 90% of its business. He noted that
Midas Muffler would work with the City regarding lighting so that very little of the light
would shine in the apartment and townhouse areas. He stated that Midas Muffler normally
services 15 -20 customer vehicles per day.
Bonnie Tangness, 7589 Whitney Drive, stated that she was a 13 -year resident of the
townhouse project and was opposed to the proposed strip center and restaurant complex because
it added traffic to the area and would require the opening of Whitney Drive. She stated she
supported all of the concerns that Mr. Dan Evans had presented earlier in the meeting.
City Council Member Gary Humphrey asked the Planning Commission to consider the
impact that a project on the east side of Cedar Avenue would have on this site. Specifically,
he described a proposal for a 116,000 s.f. Walmart Store, and a 30,000 s.f. addition which could
be placed along the east side of Cedar Avenue just south of 155th Street. (The zoning does not
currently allow for this use on the site described by Council Member Humphrey.) Council
Member Humphrey conducted a poll of Whitney Drive residents in which he personally
interviewed 19 people and asked for their concerns regarding the project. He stated that all
19 of the people interviewed supported the introduction of Walmart into the Apple Valley
downtown area, with the majority supporting the Walmart site at the southeast corner of 155th
and Cedar Avenue. Regarding the Whitney Plaza proposal, he stated that 18 of the people
interviewed by him did not want Whitney Drive reopened. All of the residents interviewed
supported establishing a Taco Bell and Dairy Queen on the site. Only 1 objected to the charcoal
grill smell created by Brazier restaurants. Ten supported convenience stores on the site, 8 gave
some level of support of a Jiffy Lube and Midas. Ten residents opposed a convenience and gas
station complex, citing concerns with children walking to school and parking for the Cedarview
soccer areas. Councilman Humphrey stated he did not ask the question as to whether the
residents would support the continued designation of the Whitney Plaza site as a M -SC
apartment zoning site.
Councilman Humphrey stated that the interview with residents living on Whitney Drive,
Baldwin Drive, and McIntosh.
Member Edgeton asked representatives of the businesses present to provide some idea
of the average daily traffic counts per business. Representatives from Taco Bell noted that the
volume of Taco Bell would be $800,000 per year with an average check of $3.00 per customer,
yielding approximately 266,000 customers per year. The representative from Dairy Queen
could not release the franchiser's information. Bob Daly responded that the Jiffy Lobe owner,
John Anderson, could not be at the meeting, but that a typical Jiffy Lobe operation generates
30 customer cars on an average day and 40 -50 vehicles on a very good day. A Jiffy Lobe
operation closes at 6:00 p.m.
Planning Commission Minutes
December 4, 1991
Page 4
Member Norris asked for clarification as to why the Whitney Plaza site was better for
Midas and Jiffy Lube than the previous site at County Road 42 and Glazier which had been
described as the only site on which Midas and Jiffy Lobe would locate. Joe Stranik,
representing Midas, noted that Midas and Jiffy Lube are most concerned with being in the
proximity of the Cedar /County Road 42 intersection. He also explained that the Midas
operation would have 2 -5 full time employees.
Member Edgeton asked for hours of operation for the restaurants. Taco Bell
representatives stated that they would be open from 11:00 a.m. to 10:00 p.m. on weekdays and
11:00 a.m. to midnight on weekends. They would employ 35 employees with approximately 12
on each shift.
Representatives of Dairy Queen, stated that normally Dairy Queen is open from 10:00
a.m. to 10 :00 p.m., but in the summer is open from 10:00 a.m. to 11:00 p.m. with 30 employees
total, 10 per shift.
Member Norris asked for clarification regarding the number of residents in the Whitney
Pines and Apple Villa South projects. Norm Bjorness stated there are 120 residents in Whitney
Pines and 190 residents in Apple Villa South. This represents over 128 families.
Member Nordlund noted that the school had been built with the idea that in the future
it could be a multi -use building - perhaps an office building - after the school is no longer
needed. He asked whether the Planning Commission and Council had deliberated on the policy
issues related to constraining development within the Ring Route of the downtown. He
expressed concern that development may create a type of cone configuration from Cedar and
153rd down to Cedar and 160th Street. He asked if a formal proposal had been received from
Walmart or whether the Staff had reviewed such a proposal. City Planner Kelley responded
that no official response or proposal has been received from Walmart.
Councilman Humphrey stated that he had seen a proposal. He noted that he and the
Mayor had met with representatives of Walmart in which a proposal for a 116,000 s.f. building
and a 30,000 s.f, addition would be placed on a site at the southeast corner of 155th Street and
Cedar Avenue. Councilman Humphrey illustrated the location of the proposal on overheads.
Member Felkner asked if the Council Members and Mayor had suggested other adjacent
sites in the downtown.
Member Norris stated that many residents come to Apple Valley because they like the
plan for the City and the layout of the downtown. In addition, many of the residents and shop
owners understand the traffic loads on the streets and the land uses that will occur within the
downtown. If the City is not going to support its own downtown plan, a change in policy and
commitment would have to made. He supported retaining the existing downtown plan and
policies, noting that a continuation of strip development to the south is not supported within
the comprehensive plan and does not support uses proposed within the Ring Route and the
downtown.
Robert Daly asked the Commission to consider whether the proposed use of the Whitney
Plaza site for an apartment building is the most appropriate use today. He noted that an
apartment project adjacent to Cedar Avenue would have to absorb the noise and pollution
Planning Commission Minutes
December 4, 1991
Page 5
of a street of which today carries 25,000 vehicles and in 10 years may carry 50,000 vehicles.
He asked the Commission to consider whether the times have changed and the uses should
change at this time. He suggested that highest and best use for the Whitney Plaza site is
commercial. As evidence, he pointed out the desire of Dairy Queen and Taco Bell to locate on
the site. He noted that a project his company has developed along County Road 42 called "The
Woods" was built without adjacent commercial development. At a later time, the City of
Burnsville recommended rezoning a portion of the site to allow for a Byerly's operations
adjacent to County Road 42 and County Road 11. The townhouses and apartments adjacent
to Byerly's use it as a neighborhood shopping center.
Norm Bjorness noted that he developed projects adjacent to a major highway and found
that the apartment units which view the highway have rented first.
Dan Evans explained that there are 74 units in the townhouse project to the north of the
site. The majority are owner- occupied. There are 8 townhouses which face Cedar Avenue.
They are adequately bermed and have trees which separate them from the downtown. Most
owners in the townhouse project are offered by to the "red sky" from the parking lot lights and
streetlights more than by the noise and traffic.
Connie Tangness, who is a Vice President of the Townhouse Association, asked why this
project couldn't be placed behind Cub Foods or Menards. She stated she welcomed the Taco
Bell and Dairy Queen to the area. She asked if there would be a chance that the townhouses
could be bought by the developer. The Planning Commission responded that there is no City
plan to purchase townhouse units.
Chairman Felkner closed the public hearing.
6. LAND USE /ACTION ITEMS
A. Dakota County HRA Family Townhouse Project
LOCATION: West side of Germane Avenue Between 125th and 126th Streets
PETITIONER: Dakota County Housing and Redevelopment Authority
(PC91- 038 -ZSB)
STAFF REPORT: Meg McMonigal, dated December 4, 1991
Associate Planner McMonigal provided a background report and comments from the
public hearing held on November 20th regarding the Dakota County HRA Multi- family
Housing Proposal which would provide 43 low and moderate income family housing units in
a townhouse configuration. She noted that the request would change the zoning from retail
business to multi - family housing (M -6C) and to institutional (P) uses for a park and ride lot.
The HRA has added additional parking to the surface areas of the project and the City has
confirmed that a park and ride lot will be built south of the HRA site. In addition, the Staff
reviewed comments regarding bus loading for school children and found that the most efficient
solution would be to provide a sidewalk along Germane Avenue between 125th and 127th Street
which would allow for bus pickup lanes. McMonigal also described the site plans and noted
that the elevation and setback all meet the City zoning requirements. She stated that the Staff
recommended approval of the rezoning, the preliminary plat and the site plan with final
landscape and grading plans to be submitted with the final plat.
Planning Commission Minutes
December 4, 1991
Page 6
Greg Hollenkamp of KKE Architects provided details regarding additional parking
spaces to be added to the site, totalling over 74 spaces. In addition, he explained a rendering
of the project building to the Planning Commission. The details of the exterior included a
varied width steel lap siding and varied neutral exterior colors from building to building.
MOTION: A motion was made by Member Kitzman, seconded by Member Edgeton, to
recommend a zoning change from the existing RB zone to M -6C and to Institutional (P) for the
10 acre parcel as per the Staff recommendation. The motion carried 6 -0.
MOTION: A motion was made by Member Kitzman, seconded by Member Churchill, to
recommend approval of the preliminary plat as per the Staff recommendations. The motion
carried unanimously 6 -0.
MOTION: A motion was made by Member Kitzman, seconded by Member Edgeton, to
recommend approval of the site plan as submitted with the addition of a completed landscape
plan as per the Staff recommendations. The motion carried 6 -0.
7. DISCUSSION ITEMS
A. Sketch Plan Review of Hunter's Woods Amendments
City Planner Richard Kelley explained the Hunter's Woods Planned Unit Development
and the changes proposed on the site by Developer Ray Connelly regarding the visitor business
zoning. Currently, the planned unit development requires that a gas and food sales operation
can only be located on the site after a motel has been constructed. The request would change
the language to allow the gas and food operation to occur without preconditions, and other
uses to occur at a later date. Phase 1 of the project would include a fuel operation. Phase II
would include other support uses and a motel, and would change the alignment of the
residential street into the Hunter's Woods single family area.
Ray Connelly, developer of the site, described the background of the project and the
twenty year history of marketing the site for motels.
Member Edgeton asked for clarification regarding the entrance setback requirements
from County Road 11 for a fuel operation entering onto Palomino Drive. Kelley responded
that the normal setback is at least 100 feet and that in this particular case, the setback would
be 120 -130 feet.
Chairman Felkner asked for clarification for payment for road realignments. Kelley
responded the developer is responsible for all road realignments. Member Nordlund asked if
a stoplight would be placed at County Road 1 I and Palomino Drive. Kelley responded that no
stoplight is proposed because a stoplight will be installed at County Road I 1 and County Road
38 intersection to the south. Traffic on Palomino Drive is expected to stabilize or decline with
the completion of new County Road #38, while traffic on County Road 11 is expected to
increase.
A general discussion ensued regarding the timing of the motel and fuel sales operation
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December 4, 1991
Page 7
The Commission also discussed commercial properties within the City of Burnsville
which is adjacent to this site.
Commission members then discussed the feasibility of this project from the perspective
of single family residents in the Hunter's Woods Addition. Richard Kelley explained that this
project would have to be described to the Hunter's Woods Addition residents as a benefit to
them because it separates the residential area from the commercial heaviest uses.
A consensus from the Planning Commission was to begin the public hearing process on
this project as soon as the developer submits the appropriate applications.
B. Sign Code Revisions
Associate Planner Scott Hickok described revisions of the sign code which will be
amended to allow for multi- tenant buildings to have more than one sign per business. A
detailed description of this proposal will be submitted to the Planning Commission prior to
approval by the City Council. The Council is not expected to make any decision on these
revisions until January of 1992. No action was taken.
8. OTHER BUSINESS
A. Adoption of the 1992 Meeting Calendar
City Planner Rick Kelley provided a proposed meeting calendar for 1992. By consensus
the Planning Commission adopted the meeting calendar.
The Planning Commission also adopted a new notification process for canceling
meetings:
"If 9 days prior to a Planning Commission meeting no application has been received for
public hearings or other action, the City Planner will contact the Planning Commission
Chairman and suggest that the meeting be canceled. If the Chairman agrees, the Staff will call
each Planning Commission Member 9 days in advance of the meeting to explain that the
meeting has been canceled."
B. Appointment of City Goal Setting Session Representative
Chairman Felkner and Commission Members appointed Eugene Kitzman to attend the
City Goal Setting Sessions to be held January 9th and 10th.
C. Hauck Variance Update
Scott Hickok and City Project Engineer Lon Aune provided background on how the
Staff and variance applicant, Roger Hauck, had completed a compromise solution that would
eliminate the need for a variance along the right -of -way on Forest Court. No action was
necessary.
Planning Commission Minutes
December 4, 1991
Page 8
9. ADJOURNMENT
The meeting adjourned at 10:00 p.m.
Members suggested that their Christmas bonus check be distributed at the Holiday Party
to be held December 18, 1991 at City Planner Richard Kelley's home after the Commission
Meeting. Commission Members are invited to attend and bring food items.