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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 Planning Commission Minutes 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 Planning Commission Minutes 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.