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HomeMy WebLinkAbout02/07/2007CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES FEBRUARY 7.2007 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Tom Melander at 7:00 p.m. Members Present: Tom Melander, Thomas Helgeson, David Schindler, Jeannine Churchill, and Frank Blundetto Members Absent: Tim Burke and Keith Diekmann Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, City Attorney Mike Dougherty, Associate City Planner Margaret Dykes, City Engineer Colin Manson, and Community Development Specialist Pequita Jordan 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the Agenda. Community Development Director Bruce Nordquist stated that Agenda Item 6A, LAND U5E/ACTION ITEMS - Cobblestone Lake South Shore 2"d Addition, has been tabled by the petitioner. Chair Melander called for approval of the amended Agenda. MOTION: Commissioner Schindler moved, seconded by Churchill, to approve the amended Agenda. The motion carried 5-0. 3. APPROVAL OF MINUTES OF JANUARY 17, 2007 Chair Melander asked if there were any changes to the minutes. There being none, he called for approval of the minutes. MOTION: Commissioner Churchill moved, seconded by Helgeson, to recommend approval of the minutes of the January 17, 2007, meeting. The motion carried 5-0. 4. CONSENT ITEMS A. 2007-2011 Capital Improvements Program -Consider Adoption of 5-Year Capital Improvements Program as an Amendment to the Comprehensive Plan MOTION: Commissioner Churchill moved, seconded by Helgeson, to approve the Consent Item Agenda. The motion carried 5-0. 5. PUBLIC HEARINGS A. Hiraku Japanese Restaurant, Inc. - Consider a Conditional use Permit for Liquor Sales Chair Tom Melander opened the public hearing with the standard comments. Planning Intern Nick Meyers presented a request from Hiraku Japanese Restaurant for a conditional use permit for on-sale liquor in conjunction with a Class I restaurant. The restaurant is located in the Central Village and is zoned "PD-716, Zone 3" (Planned Development). The Class I restaurant is a permitted use. The sale of alcohol is a conditional use. The 6,814 sq. ft. restaurant will have a total of 152 seats, none of which are proposed to be outdoors. Meyers reported that the property is zoned for a mix of commercial uses, such as offices, general retail and Class I restaurants. The City Council approved the site plan building permit authorization for Legacy Shops on June 23, 2005. The City approved the plans for a mix of office/retail that allow for liquor to be served on site as a conditional use. The sale of alcohol will not have an adverse effect on surrounding properties. Meyers reported that staff finds that the request of the conditional use permit complies with the requirement of City Code. Chair Melander asked if the space is currently occupied. Meyers replied that the space is not occupied and that this would be a new restaurant at the site. Commissioner Churchill commented that she is pleased to see a new restaurant coming into town. Commissioner Blundetto asked if the applicant had an existing restaurant in the Twin Cities area. Y Hoang, representing the applicant, replied that they have an existing restaurant in Lakeville. Blundetto asked if there were any future plans for outdoor seating. Hoang replied that there are not any plans at this time, but perhaps in the future. Mark Zweber, the owner of the building, addressed the Commission and stated that he is happy to have the restaurant in town. Chair Melander asked if any one from the public has any comments, and if so, they may speak at this time. No comments were received for the public. Chair Melander closed the public hearing with the standard comments. It is the policy of the Planning Commission not to act on an item the same night as its public hearing. However, since there were no adverse comments from the public and the Commission, staff requested that the Commission take action tonight. MOTION: Commissioner Churchill moved, seconded by Helgeson, to recommend approval of a conditional use permit for on-sale liquor in conjunction with a Class I restaurant to be located on Lot 1, Block 1, the Legacy of Apple Valley 5th Addition. The motion carried 5-0. B. Cobblestone Lake South Shore 2"d Addition -Consider Rezoning and Subdivision of Approximately 10.5 Acres for a Proposed Single Family Development Tabled at the request of the petitioner. 7. ®THER BUSINESS A. Raising Cane's Sketch Plan - Review a Proposed Amendment to the Sign Code Associate City Planner Margaret Dykes presented the request from Raising Cane's Restaurant for a signage and ordmance amendment. Dykes reported that the applicant had previously submitted an application to receive three variances for signage. Two variances were to allow the restaurant to exceed the allowable sign area, and to place a sign on the building outside of the designated sign banc. The third variance was to allow the permanent use of temporary signs so that the restaurant could display flags and pennants other than the U.S. flag. City code states that in most commercial districts, the allowable signage for a business is based on the retail floor area, and the allowable signage must be split between any ground/pylon signage and the building. The area of the signage is measured by drawing a box around all advertising, symbols, figures, messages, etc., attached to any part of a building and calculating the square footage. The 3,500 sq. ft. Raising Cane's restaurant is allowed a maximum of 140 sq. ft. of signage, which must be split between building signage and ground signage. Raising Cane's also would like a "wall mural graphic" to be located on the south side of the building. The total area of building signage requested was approximately 376 sq. ft. Dykes reported that the applicant also requested a variance to allow the permanent use of temporary signage. The applicant would like to place several 2'x3' flags along the roofline of the building. The flags would consist of the U.S. flag, the Minnesota state flag, the City of Apple Valley flag, flags for the two local high schools, the flags of various organizations, and the various sports teams (Vikings, Gophers, etc.). According to the City Attorney, other than the U.S. flag, a business is prohibited from displaying any other flag on a permanent basis. Dykes reported that when the Commission discussed these items at their January 17, 2007, meeting, it did not appear that the majority of the Commission would be in favor of granting the requested variances. Instead, the Commission advised the applicant to work with City staff to find a solution so that the restaurant would comply with City Code. Dykes stated that staff has met with the applicant to discuss alternatives to the requested wall signage and pennant signs. Based on the meetings with the Planning Commission and staff, the applicant decided to withdraw their application for sign variances and is instead requesting the City review the possibility of amending the City code. Dykes discussed with the Commission a number of issues that would need to be examined before any language for an ordinance amendment could be drafted. Dykes also discussed neighboring cities sign ordinance for purposes of comparison. Dykes also discussed possible changes to the code in relation to how it would affect the applicant's proposed signage, i.e., if the calculations were based on building fagade rather than retail floor area. Commissioner Blundetto asked how the City defines a sign. Does it include anykhing with writing, copy, design, etc., on a building? How does the City address flags? Blundetto asked if the car at Grizzly's restaurant would be considered signage. Dykes stated that the Grizzly's car is considered an architectural feature. Dykes reported that the City's sign code has not been updated in 16 years. Commissioner Helgeson stated that he thinks the sign code should definitely be updated. Helgeson is not comfortable with how the City defines signage, the methods used for calculation, the consideration of window signage, whether flags are alflowed, etc. He also feels that the current restrictions on signage do not allow the City to be competitive with other cities when developers are deciding whether to build in Apple Valley. Helgeson stated that he does not have a problem with the proposed signage previously presented by the applicant and that he thinks it is classy. Commissioner Churchill stated that she thinks the nature of the street front should be considered when signage is requested. The width of the street, traffic load, setbacks, whether or not the signage is facing residential, etc., are all issues that should be considered. Commissioner Blundetto stated that he is having a hard time considering the painted mural of the dog signage and that the City should have the ability to be more flexible. Commissioner Helgeson concurred. Dykes responded that since the dog is part of the applicant's logo, it is considered signage. Blundetto asked if the arches in the McDonald's building are considered signage. Dykes responded that since the arches aze part of the structure of the building, they are not considered signage. City Attorney Mike Dougherty disagreed and feels that the azches should be considered signage. Commissioner Schindler added that in some instances, the logo is part of the signage and that a good example would be the bulls eye for the. Target logo. Commissioner Churchill asked what the difference is between the graphic of the dog and the art wall panels recently approved LA Fitness. She stated that the Code needs to make a clear distinction between azchitectural/art vs. sign features. Commissioner Schindler stated that the City definitely needs to review the sign code since it has not been updated in 16 years. He stated that it appears that most cities are using building fagade to determine square footage rather than retail floor area. He is also in favor of flags and feels that they add a sense of community. The Commission directed staff to begin drafting revisions to the sign code to address the issues brought forth at tonight's meeting. Dykes stated that the applicant can apply for temporary signage for 30 days while the ordinance is in the process of being reviewed. B. Set Work Session Dates for Industrial Land Use City Planner Tom Lovelace reported that at the January 17, 2007, Planning Commission meeting, staff requested that the Commission hold two work sessions to review the consultant's recommendations listed in the draft Industrial Land Use Study. The purpose of the meeting would be to determine whether the recommendations of the Industrial Land Use Study should be in incorporated in the update of the Comprehensive Plan. After review the Planning Commissioner's calendars, February 28~' and March 14`h would be the best dates for a majority of the Commissioners to attend. Staff is recommending that the Planning Commission adopt the meeting dates to discuss the study. MOTION: Commissioner Churchill moved, seconded by Schindler, to hold two meetings, February 28, 2007, and March 14, 2007, for the purpose of discussing the Industrial Land Use Study. The motion carried 5-0. 8. ADJOURNMENT MOTION: Commissioner Helgeson moved, seconded by Churchill, to adjourn the meeting at 8:06 p.m.