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HomeMy WebLinkAbout06/01/1994CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES June 1, 1994 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order at 7:05 p.m. by Chairman Alan Felkner in the City Council Chambers of City Hall. Chairman Felkner noted that Item 6A (Cedarwick) would not be acted upon that evening as Staff was awaiting further information sn that development. Chairman Felkner invited any audience members who were in attendance for that item to stay to hear the Staffs discussion and answers to earlier questions, even though the item would not be acted upon. Members Present: Chairman Felkner, Len Miller, Marcia Gowling, Karen Edgeton, and Jeannine Churchill. Members Absent: James Cady and Frank Blundetto. Staff Present: Rick Kelley, Keith Gordon, Mike Dougherty and Scott Hickok. Others Present: See the sign -in sheet. 2. APPROVAL OF THE AGENDA MOTION: Marcia Gowling moved, seconded by Jeannine Churchill, to approve the agenda as written. 3. APPROVAL OF MINUTES OF MAY 18, 1994 MOTION: Marcia Gowling moved, seconded by Jeannine Churchill, to approve the minutes with an amended page 8, in the last paragraph. Felkner stated that the County must have a vested interest in this development proposal and asked for feedback from the County on the proposal. Clarification was provided indicating that Staffs response was because this development is along a County Road, the County would have an interest in reviewing the plat through their plat review and approval process. The motion passed 5 -0. 4. CONSENT ITEMS - None - Planning Commission Minutes June 1, 1994 Page 2 5. PUBLIC HEARINGS A. Comprehensive Plan Amendment to Utility Chapter Concerning Essential Electric Service Facilities and Transmission Corridors. Rick Kelley presented a brief description of the amendment, noting that in the Commission's packet there was a draft copy of the proposed amended section of the comprehensive plan utility chapter concerning the master electrical transmission system plan in Apple Valley. As proposed, this plan would provide an additional overhead electric transmission corridor along Johnny Cake Ridge Road, from County Road 42 to 140th Street, and along Pilot Knob Road from County Road 42 to County Road 46. The plan also establishes a new substation on the southwest corner of 140th and Johnny Cake Ridge Road and a switching station on the east side of Johnny Cake Ridge Road at the 145th Street alignment. Kelley concluded by stating that it is recommended that the public hearing be opened, comments be taken and the hearing be closed. It is the policy of the Commission to refrain from acting on the item the same night of the public hearing. After his presentation, Kelley asked the Commission if they had any questions. i There being none, Chair Felkner asked if the petitioner had any comments. Will Kaul of Cooperative Power gave a brief presentation indicating that through review of the initial County Road 38 transmission proposal and alternates provided by their consultants and the City's consultants, they feel that this is a very good "win -win" opportunity for both Dakota Electric /Cooperative Power and the City of Apple Valley. Randy Poulson, through the use of overhead transparencies, gave a brief description of the future substation site and how it will have very little impact on the surrounding development area, including the site in which it is situated. The transparencies illustrated the elevation of the plan, as well as landscape materials proposed to be placed around the substation. Poulson concluded by stating that he has been very pleased with the progress that has been made in working with the City Staff, and he believes that this proposal will meet the needs of all three parties. Bob Kopp of Joe Miller Homes asked if he could see the power pole diagrams. From where he was sitting in the audience, he could not see the illustration of the proposed power poles. Cooperative Power gave Kopp the presentation boards to review. Planning Commission Minutes June 1, 1994 Page 3 Dave Ericksmoen of North Star Concrete questioned the overhead versus underground. Will Kaul of Cooperative Power noted the distribution lines and transmission lines are quite different, and the economics of burying the high voltage transmission lines are not there. However, many distribution lines can be buried and it is cheaper to do so. Ericksmoen then stated that he wanted to assure that the height of the lines did not restrict truck access to and from the North Star Concrete property. Ericksmoen then asked for clarification of the future alignment of 147th Street and the relationship of the switching station to that alignment. City Engineer Keith Gordon explained. 5B. Eastview Park Expansion - Comprehensive Plan Amendment and Rezoning; Conditional Use Permit for Electric Substation at the Southwest Corner of Johnny Cake Ridge Road and 140th Street West Rick Kelley gave a brief presentation regarding the 72 acres located at the southwest quadrant of 140th Street and Johnny Cake Ridge Road. Kelley continued by stating that the hearing concerns changing of land use designations on the comprehensive plan for the property from its current combination of "MD" (medium density multiple residential at 6 -12 units per acre), TF (limited industrial), and TV (limited business) to "PIC' (park). It also involves removing an existing temporary sand and gravel mining designation. The hearing also concerns a rezoning from current combination of "A" (agriculture) and "SG" (sand and gravel) to "P" (institutional) to allow the construction of an athletic complex. Kelley stated that it is also proposed to consider a conditional use permit for the construction of an electric substation on a portion of the property located directly at the corner of 140th and Johnny Cake. Kelley also indicated that the 72 acre parcel is expected to be built in phases and that the former owner of the property has rights to occupy and mine the site between now and the year 2000. Karen Edgeton asked to see the drawing indicating the layout of the sports complex. Kelley utilized a transparency showing a working diagram of a potential layout for the athletic complex. Kelley then indicated that the substation would be located in the northeast corner of that athletic complex. Kelley concluded by stating that the previous owner of the property submitted a letter objecting to the substation use on this site, stating that he felt that this substation violated the intent of the purchase agreement which was for an athletic complex. Chairman Felkner asked about the timeline for the mining operation. Kelley responded that the property will be developed between the years 1995 and the year 2000. Planning Commission Minutes June 4 1994 Page 4 Felkner then asked if there will be mining until the year 2000. Kelley responded that it is possible. Chairman Felkner then asked for comments from the audience, to which there were none. The public hearing was closed. 5C. Pannekoeken Planned Development Revision and Site Plan /Building Permit Authorization for Multi- tenant Building at the Southeast Corner of County Road 42 and Gleason Path _ Rick Kelley indicated that the public hearing is to amend planned development language which restricts peripheral shopping center uses to single occupant freestanding buildings to allow up to 40% of the building to contain accessory retail or office spaces; site plan and building permit authorization for a Class I restaurant (full service) containing a small internal gift shop, plus 2 tenant spaces. Kelley stated that the current land use for this site, a Pannekoeken Restaurant, was recently approved by the Planning Commission and City Council. This amendment asks to amend that site plan. In the original proposal, the restaurant had 176 seats, a 1,350 sq.ft. gift shop. Now the building would also include two tenant spaces of 1,750 sq.ft. each. Kelley concluded by giving specifics of the site plan, indicating that adequate parking was provided on site for the restaurant and an excess number of parking stalls were provided early on to allow for overflow parking on site. The updated proposal would have adequate parking with that original parking plan. Kelley stated the dumpster enclosure should match the building and be equipped with opaque doors, and vertical wood trim elements added on the east building face adjacent to the doors to improve the appearance. Discussion of landscaping, decorative street lighting and sidewalks were also part of Kelley's description of the proposal. Kelley noted that there are some building design issues with the overhang that have yet to be worked out with the architect. Kelley also stated that he did receive a letter from the owners of the majority of the property within Southport Centre that indicated an opposition to this modification to the planned unit development for this mixed restaurant and retail use. It is the Planning Staffs recommendation to open the public hearing, receive comments and to close the public hearing. Planning Commission Minutes June 1, 1994 Page 5 Karen Edgeton asked what the difference is between this piece of property and the multi -tenant building which includes Blockbuster and Wendy's along Cedar Avenue. Kelley indicated that although they are part of the same planned development, the portion that is Subdistrict 2 would allow a multi -tenant building as opposed to this Subdistrict 1 that sets out a freestanding building as a use for the site. Hearing no other discussion, Chairman Felkner asked if there were any representatives of the petitioner. _ - Todd Navachik, President of Pannekoeken Restaurant, stated that letter from the owners of the surrounding property may be because they have been interested in buying the Pannekoeken site themselves. Navachik indicated that he has received a number of calls from those property owners indicating that they would like the Pannekoeken property and that they had developers for that site. Navachick wanted to make it clear that there may be an ulterior motive to objecting to the modification of the zoning in this area. Navachik then continued by stating that the development costs of the building have gone up. Pannekoeken believes that in order to make this project work and be successful, they need to add those 1,750 sq.ft. retail spaces. Although Navachik did not have specific retail users at this time, he indicated that a user such as Caribou Coffee may come in and utilize one of the two spaces. Allowing the 1,750 sq.ft. additions would allow the costs of the development to be spread over a number of retail site users as opposed to simply Pannekoeken. Chairman Felkner asked if the Staff s comments regarding sidewalks, landscaping, etc. were a problem.. Navachik responded that they were not a problem, and through their last approval process they had agreed to the ring route light poles to match the streetscape and landscaping and modification of the east face of the building's exterior. Karen Edgeton asked about the access to the new site and whether or not there would be an internal access to those retail uses. Navachick responded that there would not be one. The overhang on the exterior of the building would serve to protect a walkway between the uses, but there would not be an internal hallway. Jeannine Churchill asked for clarification of the original Pannekoeken approval for this site and the differences for this request for modification to the planned development and site plan. After a brief discussion, the public hearing was closed. Planning Commission Minutes June 1, 1994 Page 6 6. LAND USE /ACTION ITEMS A. Cedarwick Preliminary Plat, Site Plan Review /Building Permit Authorization for 54 townhomes, 3 duplexes, 2 single family homes, and Conditional Use Permit for Alternate Exterior Materials Chairman Felkner again indicated that no action would be taken on this item this evening. However, Chairman Felkner asked Staff to make a _presentation and answer questions from the public hearing at the Commission's previous meeting. Associate Planner Scott Hickok presented a history of the land use designations on this site and also discussed the Granada Avenue official mapping. Hickok continued by reviewing the questions received at the previous public hearing and providing answers for those comments. First, Hickok responded to the incompatibility of uses, stating that the graduated zoning designations for multi - family in Apple Valley are designed to provide compatibility between uses. Setbacks, building materials, building to open space relationships, are all elements that would provide that compatibility between the development sites. In response to a traffic question, Hickok noted that an independent traffic consultant had been hired to evaluate the traffic issues related to this development. It is for this reason that the item would not be acted on. Information from the consultant would be available at the next Planning Commission Meeting. Hickok dad state, however, that misinformation has been distributed in the neighborhood surrounding this development. That misinformation talks about the closure of 138th Street and 139th Street at Cedar. Hickok indicated in response to this SEH, Independent Traffic Consultants, are reviewing a worst case scenario - that in the event that either 138th or 139th Street would be open and available for access, what would happen on the surrounding development streets. As to the issue of rental versus owner occupied, Hickok stated that the review process for rental and owner occupied units is the same. The building -to -site relationships, density, landscaping, lighting, building materials are the focus of the review by Staff, and rental versus ownership is not an issue. Regarding the percent of units in one location, Hickok utilized a transparency showing the City divided into its sections. In this case Section 21 has only 4% of its land designated for moderate density residential. Hickok also indicated that Section 21 has the third highest single family percentage in the entire city. The question was also raised, "Why this development here ?" Hickok utilized that same section -by- section transparency to indicate that the residential patterns show a distinct Planning Commission Minutes June 1, 1994 Page 7 difference in the land use designations surrounding major roadways than those internal or set apart from major roadways. Hickok continued by stating that the attempt is not to put a multi - family resident on a major roadway for any reason other than the higher densities closer to the major roadways allow residents to enter and exit the development onto those heavier roadways without having to travel through neighborhoods to get to their destination. Hickok also explained through his earlier discussion on the history of this site that this development and the land use designations for this site had been predetermined through the modification to the zoning and comprehensive. plan designations in 1990. Hickok emphasized that this development is consistent with the comprehensive plan, zoning, and no variances are being requested of the City. As to the proposed home values, Hickok indicated that analysts have indicated that there is no hard and fast rule about the relationship of densities and the property values of properties that surround a development such as this. Hickok indicated he would be prepared at the next Planning Commission Meeting to discuss in greater detail the information that Staff has received on the relationship of developments such as this on surrounding home values. r Finally, Hickok discussed the percentage of green space, indicating that the former plan showed 48% green space in the townhome area and noted that an amended site plan had been submitted that day which accomplished a great deal in terms of aggregating the green space, providing the green space in a centralized location, and situating the buildings in a manner that all of the residents of this development could make use of that central green space area. Member Edgeton asked what the percentage green space is for the development. Hickok responded that it is 50% green space /50% building and hard surface. The density was 9.8; the new density has not been computed. Hickok indicated that the density and a colored rendering would be provided for the next meeting. The color rendering will help to illustrate overflow parking. Edgeton expressed concern over the lack of distinction in the transparencies being utilized because of things like guest parking, and drives are difficult to distinguish from the green space. Chairman Felkner asked if the petitioner had any comments, to which Gene Shellerud of Twin Cities Townhomes responded that the new proposal was in response to their efforts in working with Staff in trying to provide more usable open space within the development. Shellerud indicated that he will be glad to answer any other questions of the Commission, and asked that they consider approval of this development. Planning Commission Minutes June 1, 1994 Page S Chairman Felkner stated that while the density range might be all right, he is very concerned about the percentage green space within the development as proposed. Karen Edgeton stated that she appreciates the centralized green space, but would like to see a few less units to expand that green space percentage. No other comments were received. 6B. Galles Addition Preliminary Plat for 6 Single Family Lots between 307 and 309 Cimarron Road Community Development Director Rick Kelley gave a brief presentation indicating that this proposal asks for consideration of a replat of 3 outlots in the Palamino Hills Development into 6 lots for detached single family homes. While all the lots in this area meet or exceed the minimum square foot measurement required by the R -2 zoning district, they all fall short of the minimum lot width requirement of 100' at the building setback. Kelley utilized an overhead transparency which showed that many of the cul -de -sac lots in the immediate surrounding neighborhood have the same zoning and minimum requirements. However, the cul -de -sac lots surrounding this development do not meet the minimum standard. Kelley also stated that the lot dimensions as proposed would be appropriate for an R -3 residential development; Kelley pointed out that the developer is not asking for an R -3 rezoning. In an effort to stay consistent with the large lot and the development area that surrounds it, the petitioner has asked for a variance to the lot widths. Kelley continued by stating that it is Staffs opinion that the City has the ability but not the obligation to approve lot width variances based on the consistency of these lots with other cul -de -sacs in that surrounding area. This would be an effort to treat properties in a like manner. Kelley then stated that an existing storm water ponding easement over the outlots must be vacated to allow the new lots to be built. In order to vacate these ponding easements, a replacement storm water system would have to be installed at the expense of the developer. An independent hydrologist prepared a report which indicates that the low area is not a native wetland entitled to protection under the Minnesota Wetland Preservation Act, and the City has accepted that conclusion. Kelley concluded by stating that the Staff recommendation for this proposal is to approve the preliminary plat of the Galles Addition with the following actions: Planning Commission Minutes June 1, 1994 Page 9 1) Recommendation to approve the preliminary plat of Galles Addition, subject to the installation of the necessary municipal utilities and streets, including the acquisition of off -site easements to facilitate utility connections. Said approval to be for either: a) An appropriate reduction in the number of lots so that each lot meets the minimum width requirement as measured at the front setback line; or b) Lot width variances to allow 6 lots based upon lot width consistency with other cul -de -sacs in the Palomino neighborhood. Kelley then asked for Keith Gordon to discuss the storm water and drainage issues related to this development. Utilizing overhead transparencies, Gordon indicated that he had reviewed the storm water drainage and a system could be designed which would allow the elimination of the existing drainage easement. Glen Galles presented additional information regarding this development and indicated that at a neighborhood meeting, the development discussed green space and the separation between homes. Galles indicated that his development was designed specifically to allow that green space and openness between the existing development lots and his proposed lots. Bill Boynton, 367 Cimarron Road, stated that he believed that if the pond was completely filled in, his back yard may flood. Boynton asked if the developer can be required to maintain the pond area and assure that the pond not be filled to a point that would endanger the surrounding properties. Boynton concluded by stating that he had questions on the wetland report and relative inaccuracy of the 1954 USGS Topo Maps. Glen Galles responded by explaining his preparation process and the review by his consulting hydrologist. Boynton concluded that he believes the issue is not the size of the ponding area, but the vegetation and soil conditions combined with the current wetland definitions. Boynton stated that he has an issue with the variance criteria by which this development is being reviewed. Diana Boynton, 367 Cimarron Road, stated that there is currently water on the property and asked the Commission to further consider the ponding on the site as they deliberate this development issue. At 8:55 p.m. the Commission took a 10 minute recess to allow a new tape to be inserted for television broadcast. At 9:10 p.m. Chairman Felkner asked City Attorney Mike Dougherty to clarify the Planning Commission Minutes June 1, 1994 Page 10 issues related to the wetland on this development site, and what the City's role is in the mediation of a settlement in a case like this. Dougherty responded that the City is not in a position of trying to mediate a settlement. In this case they are acting as a judge -- the City must determine if it is a wetland and if so, if replacement is required. The City has made an initial assessment of the wetland and has deemed that replacement is not necessary. The Commission must take that at face value. Alan Felkner then instructed the audience to bring their information forward. The Commission will most likely act on the item, but between the time that the Commission acts and the City Council makes the final decision they may submit information. MOTION: Edgeton moved to approve the preliminary plat for the Galles Addition subject to the installation of the necessary municipal utilities and streets, including the acquisition of off site easements to facilitate the utility connections. Edgeton noted that the lot width variances would provide consistency with other cul -de -sacs in the area. That motion was seconded by Gowling. Felkner clarified that this is for 6 lots. The motion was approved 4 - 1 (Len Miller dissented). Felkner then asked Staff when this would go to the City Council. Kelley responded that it would go to the City Council on June 16th, pending any additional information on the wetlands in this area. 6C. Fairview Clinic: Planned Development Rezoning, 1 Lot Replat, Conditional Use Permit and Site Plan /Building Permit Authorization for Medical Clinic at the Northeast Corner of Cedar Avenue and 157th Street West Jeannine Churchill stepped down from the Commission table due to her belief that this may appear as a professional personal conflict. Community Development Director Rick Kelley gave a brief presentation explaining that this request is for consideration of a planned development zoning amendment to allow a medical clinic in Planned Development 507, Subzone 4. The request also includes a conditional use permit for medical clinic use, replat of an outlot into a lot and block configuration, and the preliminary site plan and build permit authorization for a medical clinic of approximately 15,000 square feet. Kelley gave a brief history on the Carroll Center planned development, explaining that it was designed in a manner that would provide a transition from the downtown commercial district to the residential neighborhood to the south. This planned development includes retail business activities at the intersection of 155th and Cedar Avenue. As the development extends to the south, there is a mix of limited business, multi- Planning Commission Minutes June 1, 1994 Page 11 residential /limited business and also moderate density residential or high density residential for senior housing through a conditional use permit process. Kelley continued by stating that the language of the allowable conditional uses includes a somewhat ambiguous term, "health centers." The amendment to that zoning would amend that language to specifically include medical clinics for human care. The institutional and multi - residential uses on the north side of 157th Street West are intended to act as a transition, and Staff believes that this medical clinic with its residential design makes a good transition. _ A detailed landscape plan and building elevations had not been submitted to Staff. However, in talking with the architects, Kelley understands that they do have a rendering of the building available for the Commission that they will display. Assuming the plan is presented to the Commission and meets their approval, Staff will recommend approval of an amendment to Planned Development 507, Subzone 4, by amending Section A18- 3(D)(1) of City Code Ordinances to include medical clinics for human care. Secondly, Staff recommends approval of the replat of Outlot E, Carroll Center 2nd Addition, into its own lot and block, subject to installation of the appropriate municipal utilities, sidewalk, street lighting and boulevard trees. Finally, Staff recommends approval of the site plan /building permit authorization for Fairview Medical Clinic, subject to a 15' parking setback on the east lot line, documentation of landscape valuation of at least 2 -1/2% of the building construction value. Gowling asked if there could be some evergreens included along the edge of the parking lot to provide winter screening. Kelley responded that the landscape plan has not been finalized, but evergreen screening would certainly be appropriate. Jens with Close Associates Architects, showed the Commission the building plans and a colored illustration of the building, indicating that the primary building material is red brick with pale earthtone accents and green trim. He continued by stating that the trash enclosure is in a temporary location, and it is designed to be wood initially but will be brick in the final location. Fairview intends to expand the building in the near future, depending on market demands. Gowling then asked for further clarification of the screening and security required for the disposal area. Planning Commission Minutes June 1, 1994 Page 12 Edgeton asked about the rear mechanical. Jens responded that the mechanical will be on the rear of the building with a brick screen surrounding it, rather than on the roof because of the residential roof design. Felkner asked how the architect plans to expand the building while maintaining the design integrity. Jens responded that the building is designed to be easily extended and expects that the first expansion will take place in approximately two years. Edgeton then asked about the time frame for the dumpster relocation with brick. Kelley responded that the City does have the authority to stipulate when that should occur. Otherwise, it will occur at the time of the expansion of the building. MOTION Gowling moved to approve the amendment to Planned Development 507, Subzone 4, by amending Section A18- 3(d)(1) of the City Code of Ordinances to include medical clinics for human care. The motion was seconded by Edgeton and passed 4 - 0. MOTION Gowling moved to recommend approval of the replat of Outlot E, Carroll Center 2nd Addition into its own lot and block, subject to the installation of appropriate municipal utilities -- sidewalks, street lighting, and boulevard trees. The motion was seconded by Edgeton and passed 4 - 0. MOTION Gowling moved to approve the site plan /building permit authorization for Fairview Medical Clinic, subject to a 15' parking setback on the east lot line and documentation of landscape value of at least 2 -1/2% of building construction. The motion was seconded by Edgeton. A friendly amendment to the motion was made with a 3 year maximum on the wooden dumpster enclosure. If the building has not been expanded at that time, it should be replaced with a brick enclosure. The motion passed 4 - 0. 6D. Setback Variance for McDonald Construction at 7601 - 145th Street West Scott Hickok gave a brief presentation on the variance request by McDonald Construction, noting that Robert McDonald has indicated that a dimensional variance would be necessary to allow construction of a 6'6 "x12'0" canopy on the south elevation over the main entrance of his building. This variance would then mean this building has a 25' setback from the front property line as opposed to the 30' setback code requirement. Through the use of photographs, Hickok illustrated the canopy that was under construction when Staff stopped and talked to the contractor about the need for a variance. The contractor was under the impression that a variance had already been granted for this and was very willing to stop construction and wait until the variance process had concluded. Hickok then illustrated similar conditions on buildings in the same general area as the McDonald building, stating that the hardship as explained by Robert McDonald included the need for a diverter to keep water from washing down off of the building onto the Planning Commission Minutes June 1, 1994 Page 13 building's patrons as they enter the building. The solution, as Hickok pointed out, involves a canopy which covers the entrance and also improves the aesthetics of the building, according to its owner. Hickok continued by stating that there is a sidewalk condition on the McDonald site that the owner hopes to improve by pulling the sidewalk out away from the building and planting landscaping adjacent to the building. This canopy would help to bring protection out over that new sidewalk. Hickok concluded that there are alternatives to redirecting the water over the entrance of the building without requiring a variance, including building out to the setback dimension an additional foot from the building as it exists, and then cantilevering the canopy out over the entrance itself. Because there are alternatives, Hickok stated that Staff cannot recommend approval of a variance on this site. Chairman Felkner stated that he was not certain that there isn't a hardship, and believes that aesthetically the addition being proposed would be preferred over the alternative suggested. A general discussion ensued about the design characteristics and the variance requested. MOTION Edgeton moved to approve a 5 foot setback variance to allow construction of the 6'6 "x12' canopy on the south elevation of the McDonald building. This motion was seconded by Len Miller and passed 4 - 0. No hardship was sited. 6E. Huntington Ridge Garden Homes Associate Planner Scott Hickok stated this item has come back on the agenda after being tabled by the petitioner for many months. The item was to come back on the agenda of the December 1, 1993 Planning Commission meeting. At that time, the Planning Commission and City Council were in the process of meeting in a work session to discuss multifamily residential and the petitioner opted to await the outcome of that meeting before bringing their item forward. After the Planning Commission and Council's joint meeting, the petitioner did go back and re- evaluate and reduce the number of units within the development. However, a negotiation between the land owner and petitioner was unsuccessful. After many months of having this item appear on the agenda, Staff wrote to the petitioner and asked that they either bring the item forward, or formally withdraw the item. The item was not withdrawn; therefore, Staff is asking the Commission to review and make a recommendation on this item. Planning Commission Minutes June 1, 1994 Page 14 Hickok gave a detailed summary of the public hearing discussion, reviewing 35 points of concern by the surrounding residential area, and presented Staffs responses to those concerns. After his presentation, Alan Felkner asked if any of the Commissioners had a question for Scott Hickok on this petition. Chairman Felkner asked for clarification as to whether or not this petition is the same as what we would have seen in December. Hickok explained that although there were many concerns voiced by the surrounding residential area, this plan does meet or nearly meets the 60% threshold that the Commission likes to see -for open space and that it has 59% open space a townhouse area itself. Including the wetland undeveloped area to the north, there is a total of 73% open space. Chairman Felkner then asked if there were any audience participants interested in speaking to this issue. Brad Burke stated that he recalled that the direction from the last joint meeting was to increase the setbacks and /or green space and reduce the number of units. He did not feel that the plan as proposed accomplished what the recommendations asked for by the Commission. MOTION Miller moved to deny the request to rezone this site from "SF" single family residential and "A" agriculture to "M -30 multifamily residential, and also recommended denial of the preliminary plat for 52 townhouse condominium dwelling units, 3 single family lots, and 1 outlot. The motion was seconded by Edgeton, and the motion passed 5 - 0. 6F. Bachman's Sign Variance Scott Hickok gave a brief presentation indicating that the City Council had asked Staff to bring this item back to the Planning Commission. The item was on the Planning Commission's agenda on May 4, 1994. At that time neither Staff nor the Commission considered the lighting changes that have been made to County Road 42 and 147th Street since the development of or the construction of language for Planned Development 341, Subzone 4A, where Bachman's is located. The direction from the Council is that there may be a hardship or conditions that have changed to make an additional sign an appropriate solution for the Bachman's site. Hickok then reviewed the request by Bachman's to have one of two options. These options are: 1) a new 20' high freestanding pylon sign on the east of the Bachman's site, close to the east entrance to the parking lot from County Road 42; 2) an additional allowance for height and square foot area, to be added to the existing brick monument at the intersection of County Road 42 and 147th Street. Planning Commission Minutes June 1, 1994 Page 15 A general discussion ensued among the Commission regarding the lighting conditions that have been created by the new gooseneck lights on County Road 42 and new theme lighting along 147th Street. MOTION Edgeton moved to approve the freestanding option, a 20' pylon sign on the east edge of the Bachman's site. The motion was seconded by Gowling, and the motion failed 2 - 3. MOTION Churchill moved to approve Option_ 2, a variance allowing a 4' high internally lit sign to be placed on top of the existing brick monument structure at 147th and County Road 42. The motion passed 5 - 0. 7. DISCUSSION ITEMS - None - 8. OTHER BUSINESS A. Resolution Setting a Public Hearing to Consider Zoning Ordinance for Text Amendments MOTION Gowling moved, seconded by Edgeton. The motion passed 5 - 0. L]�\ la [II Ilti►`hT�Ii►Y YY MOTION Gowling moved to adjourn the Planning Commission meeting, seconded by Edgeton and passed 5 - 0. The meeting adjourned at 10:58 p.m.