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HomeMy WebLinkAbout08/19/2009CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES AUGUST 19, 2009 CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Vice Chair Melander at 7:00 p.m. Members Present: Tom Melander, Ken Alwin, Keith Diekmann, Tim Burke and Dauid Schindler Members Absent: Jeannine Churchill Staff Present: Community Development Director Bruce Nordquist, Associate City Planner Margaret Dykes, City Attorney Sharon Hills and Department Assistant Barbara Wolff 2. APPROVAL OF AGENDA Vice Chair Melander asked if there were any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, to approve the agenda. The motion carried 5-0. 3. APPROVAL OF MINUTES OF AUGUST 5, 2009 Vice Chair Melander asked if there were any changes to the minutes. There being none, he called for approval of the minutes. - MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, to recommend approval of the minutes of the August 5, 2009, meeting. The motion carried 4-0. Commissioner Schindler abstained. 4. CONSENT ITEM --NONE-- 5. PUBLIC HEARING --NONE-- 6. LAND USE/ACTION ITEMS A. ~ Haupt Antiek Market C.U.P. -Consideration of a conditional use permit for outdoor display of merchandise in the "RB" (Retail Business) zoning district. S:\planning\PLANCOMM\2009 agenda & minutes\081909mdoc Planning Commission Minutes August 19, 2009 Page 2 of 5 Associate City Planner Mazgazet Dykes stated that the petitioner is requesting a conditional use pemut (CUP) for outdoor display ofinerchandise at 7570-147a' Street West. The applicant is requesting a CUP to display merchandise outdoors in conjunction with a retail antique store in amulti-tenant building. The store is open four days a month, and the applicant has stated she would display items outside during the four days the store is open from March to November. In the past, the City has approved CUPS for outdoor display of merchandise with conditions that required the display area be delineated by decorative maintenance-free fencing, not impede pedestrian or vehicular traffic, or create pazking conflicts. These conditions were placed on the display of merchandise at various locations to ensure that appeazance of the sites and pedestrian access would be maintained, as well as to control the display so that it did not expand beyond the approved pazameters. The applicant submitted a site plan that shows the use of four parking spaces for outdoor display. Two of the parking spaces are in the front (north) of the building and two are located in the rear (south) of the building. The north area measures 20' x 33' (660 sq. ft.) as the area will take up some portion of a striped pazking island. The south area measures 18' x 20' (360 sq. ft.). The applicant has indicated she would be amenable to installing fencing that could be removed when the display area is not being used. The applicant has also said she would like to leave the merchandise in the display areas overnight as it is cumbersome to move it daily. The Police Department has stated it would not want the merchandise left in the display area overnight, especially in the rear of the building because this may create a situation where theft of items is more likely to occur. The Police Department has stated it would prefer that merchandise be brought inside the store at night to prevent theft. However, if merchandise is to be left outdoors, they state a lockable gate should be installed. The approximately 15,000 sq. ft. building requires 84 parking spaces, and there are 61 spaces available to the site. Though the site is short 23 spaces, the building was approved prior to recent parking standards. There are cross-access agreements with the building immediately west of the subject site (formerly Granny's Attic), but it does not appear there are any cross-parking/cross-access agreements with the Times Square Shopping Centex to the south. Staff is unaware of past problems related to parking, but that may be because the building has been used primarily as an office building. Though the building needs 84 spaces, when it was used as an office building it needed 74 parking spaces. Now that about half of the building is used for retail with the other half used for offices, the site requires more parking. That said, pazking on the site seems to function well at this time because it does not appear that the users are waxing out the available parking. The public hearing for this item was held August 5, 2009. A tenant of the subject building was supportive of the proposal, but expressed concerns about preserving parking for his clients, and whether the outdoor display would be up in the winter months. The applicant stated she would work with all tenants to ensure there is adequate parking, and would educate her customers about the available parking. This may mean the addition of portable signs. Additionally, she stated she would not have merchandise displayed outdoors during winter months. This has been added as a recommended condition. S:\planning\PI,ANCOMM\2009 agenda & minutes\081909m.doc Planning Commission Minutes August 19,2009 Page 3 of 5 Dykes asked for any questions or comments from the Planning Commission. Commissioner Diekmann asked what the purpose is of submitting a list of days of operafion before Febmary 15a'. Dykes replied that is to ensure there would not be any conflicts with other tenants in the building and to ensure there will be enough parking for other tenants and their customers on the dates applicant will have an outdoor display. Commissioner Diekmann asked what the recourse is if the dates change. Dykes stated that Ms. Haupt would need to resubmit the list. It is merely for the City's review. Commissioner Diekmann stated that the City has convenience stores that sell mulch and other items outdoors that are not open 24 hours a day. He asked if they are required to bring their items indoors each night. Dykes replied not all of them are required. She stated the most recent example was Andy's Market and the City did require them to bring the material that was out by the gas pumps inside at night. Police say that typically the businesses don't report this sort of theft because it is a cost of doing business. Commissioner Diekmann asked Dykes if this is a business decision then for the owner of Haupt Antiek Mazket. Dykes said that it is a business decision, although it does need to be behind a locked gate. Commissioner Diekmann stated that he thinks the need of a gate is also a business decision. He commented that the business operates four days a month and other businesses are leaving their material out every day. The owner will be able to determine pretty quickly whether they aze willing to lose goods or not. He stated that he also has a concern of ease of assembly of the gate. If the purpose is to attract people's attention and get them excited about the items, it doesn't seem beneficial to gate it off. His opinion is to let the business owner make their own decision. Commissioner Burke commented on Condition No. 6, "If parking conflicts occur, the outdoor display areas shall be dismantled until such time as the conflict can be resolved". He asked how this will be mediated. Will it be brought to the attention of City staff? Dykes stated that it would be self-mediated between the tenants, although City staff always does heaz about it. Commissioner Burke also asked the owner if she is okay with erecting the fence. Deb Haupt, owner of Haupt Antiek Market, said she is okay with erecting the fence, although she would prefer not to and for it to remain a business decision. S:\ptanning\PLANCOMM\2009 agenda & minutes\081909m.doc Planning Commission Minutes August 19, 2009 Page 4 of 5 Dykes stated that the fence is similar to what has been required of other outdoor display areas. She stated that it would be wrought iron in appearance and have spaces between the bars so that the merchandise can still be seen through the fencing. Vice Chair Melander, hearing no further comments or questions from the Planning Commission, called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, to recommend approval of a conditional use pernut for outdoor display at 7570-147th Street West, subject to all applicable City codes and standards, and the following conditions: 1) There shall be no more than two display areas on the property as shown on the submitted site plan received in City offices on July 15, 2009. 2) Merchandise maybe displayed outdoors no more than four consecutive days per month, from March to November. There shall be no merchandise located in the display areas December through February. 3) The applicant shall submit a list of days the outdoor display areas will be used to the City no later than February 15`h of each yeaz. 4) The display azeas must be clearly delineated with removable 6'-tall fencing that is decorative and maintenance-free, and has a lockable gate, to be approved by City staff. The fencing shall be removed and stored inside the building when the display areas aze not in use. 5) If parking conflicts occur, the outdoor display areas shall be dismantled until such time as the conflict can be resolved. The motion carried 5-0. Dykes stated that she wanted to make a comment about signage on the property so that everyone, including the applicant, understands City code. Off-site signage is not allowed for this area. Sign code strictly prohibits signage in the boulevard area, although temporary signs with a pemrit are allowed. 7. OTHER BUSINESS A. Review of the Upcoming Schedule and other Updates Community Development Director Bruce Nordquist stated there were no updates. B. City Council has accepted the resignation of Planning Commissioner Frank Blundetto and has authorized receipt of applications to fill the vacancy through September 11, 2009. Nordquist encouraged applications and consideration to be a Planning Commissioner. Vice Chair Melander stated that for anyone considering application, the position is voluntary, with no pay. It requires a certain amount of time and commitment, although it is gratifying and a great S:\planning\PLANCOMM\2009 agenda & minutes\081909m.dce Planning Commission Minutes August 19, 2009 Page 5 of 5 way to be involved and know what is happening within the City while giving some thoughtfixl input into some of those processes. Vice Chair Melander stated that he has known Frank Blundetto for his entire tenure on the Planning Commission, which has been a long time. Frank has been a valued and thoughtful member of the Commission and he stated that he will be missed. He thanked Blundetto for his time and his service to the City over the years. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Vice Chair Melander asked for a motion to adjourn. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, to adjourn the meeting at 7:16 p.m. The motion carried 5-0. S:\planning\PLANCOMM@009 agenda & minutes\081909mdoc