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HomeMy WebLinkAbout11/05/1997CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES November 5, 1997 1. CALL TO ORDER The City of Apple Valley Planning Commission meetiug was called to order at 7:00 p.m.. Members Present: Karen Edgeton, Mazcia Dowling, Lou Clark ,Paul Oberg, Jce McNamazn, Frank Blundetto. Members Absent: Diane Nagler. Staff Present: Rick Kelley, Kathy Bodmer, Nelda Werkmeister. Others Present: See sign-in sheet. 2. APPROVAL OF AGENDA Chair Edgeton asked Staff and the Commission members if they were any changes or additions to the proposed agenda. 6-0. MOTION: Clark moved, seconded by Dowling, to approve the agenda. The motion carried 3. APPROVAL OF OCTOBER 15, 1997 MINUTES Chair Edgeton asked Staffand the Comrnissioners ifthey had any changes to the draft minutes submitted in the packet. MOTION: Dowling moved, sewnded by Clazk, to approve the minutes. The motion carried 4-0 (2 abstentions-McNamara, Blundetto). 4. CONSENT ITEMS -None - 5. PUBLIC HEARINGS A. Holiday Station Stores Conditional Use Permit for Outdoor Display Chair Edgeton opened the heazing. Assistant Planner Kathy Bodmer introduced the project and con6imed there aze currently stores displaying products outside which do not have conditional use permits. Dave Christensen, District Manager of Holiday, clarified what items are typically displayed. He also distributed pichrres of the proposed di play units. In response to Lou Clark's observation of products currently on a push cart at ~~ M. ~~re the stor , te`Joy, Holiday Store Manager, explained that she thought a movable dolly with product ~ .~l,nlti'1 outside was okay for a couple of days until this issue was settled. Discussion ensued among the commissioners about current outdoor display practices in the community and their re]ationship to conditional use pemuts, as well as staff practices in enforcing conditions agreed to within the conditional use pemuts and the zoning ordinance. Chair Edgeton stated this project should be treated differently from other convenience stores because it was marketed as a Planning Commission Minutes November 5, 1997 Page 2 Muck stop and is located within an industrial district. Oberg felt the outdoor display was an inherent part of this type of business. Gowling said Holiday should not be punished by delay of the Plazming Commission to act because other businesses are not in compliance with their conditional use pemmits and city ordinance. Chair Edgeton requested from staff information on what happens when a conditional use permit is not complied with. Clark requested information as to which stores in the survey have conditional use permits (CUP), and whether or not they aze in compliance with their CUPS. Further discussion revolved azound screening oftrash and outdoor displays. Chair Edgeton closed the hearing at 7:20 p.m. with the standazd remazks. B. Zoning Ordinance Amendment to the "BP" Zoning District Community Development Director Rick Kelley explained that this item proposes changes to the performance standards in the Business Park Zoning District. This proposal was prompted by a recommendation from the Economic Growth Partnership Connnittee (EGPC), in which they stated that several businesses interested in the business pazk did not meet the BP criteria. Their recommendation included increasing the amount of floor space allowed for wazehouse, and including provision for a contractor's office and outdoor storage. Kelley explained that the "BP" caning district has the greatest level of restrictions to insure its compatibility with residential property. du ~~~" Chair Edgeton, who also serves on the EGPC, noted the recommendations~relate to increasing ~~,e- the intensity of the businesses. She said that Bruce Halbasch of Kraus Anderson, also on the EGPC, felt n,~r`' the proposed changes would contribute to a greater success in developing the business pazk. '~ Blundetto expressed concern that using specific numbers, such as 10% office requirement, is too restrictive upon businesses. Kelley said 10-I S% is close to the industry standard for office space in an office/wazehouse environment. Tax Incremental Financing also requires a maximum 15% for office azea. Kelley further clarified allowable broadcast towers in the district and outdoor storage. Discussion again arose regarding code enforcement. Kelley explained the Planning and Development Department investigates non-compliance on a complaurt basis. All the Commissioners agreed that a more aggressive approach to enforcement was desirable. Blundetto asked that the enforcement issue be discussed at the next meeting. Chair Edgeton closed the public hearing at 7:52 p.m. MOTION: Clark moved, McNamara. seconded, to recommend approval ofthe ordinance k anlunde[to~. Bpundetto wished theecordotoe flcect that h did nor o ebusmess~ athecer he~did not t\oi~,h~ ~ ) pk~ want to impose ummeces~y rectrirtinnc ,union business ~----- Planning Commission Minutes November 5,1997 Page 3 6. LAND USE/ACTION ITEMS A. Wal-Mart's Fvst Addition This item was continued at the request of the petitioner. Oberg asked that the item be discussed because he had a question regarding it. The consensus was that discussion of this item would not be appropriate because the public had been notified the item would not be discussed. Oberg posed the following: The planned developmenrt, of which the proposed Wal-Mart is a part, was established in 1985. Things are in a constant state of change. At what point in time do you say today's facts allow the governmental body to ovemde the cnn~ent caning - 13 years, 33 years? Kelley explained that the passage oftime was irrelevant; if conditions have changed substantially from what existed at the time the planned development zoning was established, the counr~ission wuld request a rezoning. The public hearing process would have to be followed at the time a zoning change request was made. City Attorney Mike Dougherty was asked to respond additionally to this question at the next, meeting. OTHER BUSINESS -None - 8. ADJOURNMENT MOTION: Oberg moved, seconded by Cowling, to adjourn the meeting. Motion carried 6-0. Meeting adjourned at 8:02 p.m.