HomeMy WebLinkAbout09/07/1994CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
September 7, 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.
Members Present: Alan Felkner, Frank Blundetto, James Cady, Len Miller, Marcia
Gowling, and Karen Edgeton.
Members Absent: None
Staff Present: Rick Kelley, Mike Dougherty, Keith Gordon, John Kragness, and
Planning Consultants Jeff Smyser and Julie Farnham.
Others Present: See the sign-in sheet.
Chair Felkner noted that at this time there is currently a vacancy on the Commission
and encouraged interested members of the public to apply for the position.
2. APPROVAL OF AGENDA
Chair Felkner asked Staff if there were any changes to the agenda. Staff responded
that there were none.
MOTION: Member Gowling moved, seconded by Member Blundetto, to approve
the agenda as subntted. The motion cazried 6 - 0.
3. APPROVAL OF THE MINUTES OF AUGUST 17, 1994
Chair Felkner asked Staff if there were any corrections to the minutes. Staff
responded that there were none.
MOTION: Member Gowling moved, seconded by Member Blundetto, to approve
the August 17, 1994, minutes as submitted. The motion cazried 5 - 0, with one abstention
(Cady).
4. CONSENT ITEMS
- None -
Planning Commission Minutes
September 7, 1994
Page 2
5. PUBLIC HEARINGS
A. Site Plan Review and Preliminary Plat for 28 multiple residential units -
Nordic Woods 17th
This public hearing has been continued until the meeting of September 21, 1994.
B. Rezoning and Preliminary Plat for Townhomes (Williamsburg II & III)
Chair Felkner opened the public hearing with the standard remarks. A presentation
to the Commission was made by Julie Farnham, one of the City's planning consultants with
RLK & Associates. The proposed development is located on both the northwest and
southwest corners of the intersection of County Road 38 and Galaxie Avenue. It is
proposed to rezone the property from its current R-1 designation to M3-C category for
townhome use. The City's comprehensive plan currently designates this property as LD for
low density multiple residential at a density of 3-6 units per acre.
Ms. Farnham noted that Williamsburg II relates to the property on the north side of
County Road 38 and Williamsburg III relates to property on the south side of County Road
38,
Williamsburg II is proposed to contain a total of 40 townhome dwelling units, which
would place it at a density of 6.67 units per acre. Since the maximum is 6 units per acre,
this should be reduced at least to 36 units to meet the proposed zoning.
The townhomes would be provided access by a series of dead-end drive aisles that
would connect to 130th Street. This pazticulaz layout provides very marginal emergency
vehicle access, and the petitioner should seriously consider connecting these drive aisles to
create a looped driveway system.
Ms. Farnham also noted that the proposed site layout has a very rigid arrangement
of the buildings. The landscaping mirrors this rigid layout and does not appeaz to provide
a very effective screening or buffering from the surrounding uses.
The number of overflow pazking spaces are also in question since they appear to be
using the turnaround area at the end of the drive aisles.
The buildings themselves would be two-story and constructed of a combination of
brick and aluminum siding. All units would be provided with atwo-car attached garage.
The grading plan indicates enhancement of the berm existing along the right-of-way
of County Road 38. A permit must be received from the Dakota County Highway
Planning Commission Minutes
September 7, 1994
Page 3
Department to facilitate this grading, and any landscape materials existing in the right-of-
way that would be damaged or removed by the activity would have to be replaced.
Williamsburg III is proposed to contain a total of 24 townhome units of a similar
design. These units would also be accessed off a series of dead-end driveways that would
connect to a new public street proposed as an extension of 131st Street.
Again, the density is slightly above what the M3-C zoning category would allow. At
a density of 6.36 units per acre, the. project would have to be reduced by at least 2 units
(down to 22) to meet the zoning requirements.
The issue of the public street is more involved on the Williamsburg III proposal for
two reasons. First, the street is proposed with one-half right-of-way dedication from the
Williamsburg III property, and the south half of the street right-of--way is proposed to be
acquired from the property owner lying adjacent to the south. The proposal also anticipates
an extension of 131st Street to interconnect to the existing 131st Street in the Salem Woods
neighborhood located to the west. In order to make this connection, the road would have
to cross property which is not currently under control of the developer.
Ms. Farnham noted that the grading plan seems to have some omissions or mistakes
in it. For instance, it did not show how the grades were proposed to be matched on the
south side of proposed 131st Street.
In recap, both the Williamsburg II & III development proposals have several
problems as submitted. First, the density must be lowered in order to meet the M3-C
zoning category. The internal access in each of these townhome developments should be
rethought to provide for looped drives rather than dead-end drives. The building
orientation could be changed to show more creative spacing upon the property and to create
some usable internal open spaces for the future residents of the townhomes. These
revisions would also entail a change to the grading plan, as well as the landscaping plan.
Member Edgeton asked about the overflow parking provision. Ms. Farnham noted
that the ends of the dead-end aisles are being shown as containing parking stalls. However,
these stalls would preclude the use of the area for an emergency vehicle turnaround.
Ms. Edgeton then asked about the amount of green space being shown on site. Ms.
Farnham. noted that the plans indicate building coverage at 20% or less. Ms. Edgeton noted
that she didn't feel it would be appropriate to count some of the isolated areas as part of
the green space calculations since they were so far removed. An example of this would be
the panhandle in the northwestern comer of the Williamsburg III proposal.
Member Blundetto asked about the removal of landscaping within the County Road
Planning Commission Minutes
September 7, 1994
Page 4
38 right-of-way. Ms. Farnham noted that the development plans did not specifically identify
the existence of landscaping, although we do know that there is some present.
Member Gowling asked if the triangular piece in the northwesterly corner of
Williamsburg III is owned by the petitioner. Ms. Farnham noted that the parcel is not
owned by the developer.
Theresa Hegland of Pioneer Engineering, representing the developer, approached the
Commission to explain about some potential changes to meet Staff concerns on this
development. She presented a revised layout of the Williamsburg II project which
eliminated a total of 4 dwelling units and reconfigured the buildings and drives to create a
central open space for the residents. She stated that the relatively shallow parcel
configuration of this property limits their opportunity for creative design. However, they
have chosen to vary the length of the buildings and the front and rear setbacks to create
some relief from a uniform building appearance along the street. She noted that the
proposed development takes advantage of many of the density bonuses to create a superior
housing product such as full basements, sound suppression, and private patios for each of
the dwelling. units. She noted. that they have added overflow parking stalls on the drives
which no longer would interfere with emergency vehicle movements. On Williamsburg III
a similar revision has been attempted. by eliminating 2 dwelling units, providing loop roads,
and creating a small central green area.
Gene Shellerud of GM Homes noted that it is their intent to leave the existing trees
on the right-of--way corners at County Road 38 and Galaxie Avenue. They are more than
willing to work with Staff to revise the plantings going around the townhorne units
themselves. He stated that they would be willing to buy the triangular piece adjacent to
Williamsburg III if the adjacent property owner is willing to sell it. If not, he would propose
leaving 131st Street as is, without a connection at this time. He believes that the portion
of 131st Street proposed for construction as pazt of his development could easily "T' into
a north/south street, as well as angle up to interconnect to the existing Salem Woods
neighborhood. Mr. Shellerud noted that in Williamsburg II they have removed the center
building to create a significant common green area. The units in Williamsburg II are
designed to appeal to the empty nester market because they contain a master bedroom unit
on the main floor. He said that because this site is quite flat, there would be no basement
lookout window designs which aze illustrated as an alternate in the building construction
plans. All of the units would have full basements.
Member Gowling asked if all of the inner units would have patios as well. Mr.
Shellerud stated that no, only the end units would contain those patios.
Chair Felkner asked if photos were available of the exterior of the buildings. Mr.
Shellerud stated that he had photos available and would bring them to the next meeting.
Planning Commission Minutes
September 7, 1994
Page 5
Chair Felkner noted that during the presentation there were some comments about the
property currently being zoned or designated for multiple family. He noted that it is the
comprehensive plan which designates this property for multiple residential, but that it still
needed to be rezoned to be consistent with the plan.
Member Edgeton asked about the density bonus for patios, and how that would apply
if only some of the units had patios. She was informed that as long as the patios are
screened to provide privacy in accordance with the code, the density bonus is prorated based
on the number of units that actually have the patios.
Member Edgeton then asked if there was a difference in maximum density between
the "C" versus "B" zoning category. She was informed that it is the numeric designation, not
the alphabetical designation that affects the density.
Member Cowling asked if information could be provided regarding the exterior
building materials on the surrounding single fanuly homes for comparison purposes.
Member Edgeton asked if it would be possible for Staff to calculate how many
dwelling units would be permitted if either an M-1 or M-2 category were selected instead
of the. M-3 category.
Chair Felkner noted that at this time because of the proposed changes by the
developer; this hearing would be held open at least until the next Planning Commission
meeting. He then asked if members of the public wished to comment on the development
proposal.
Philip Bauer, 7101 132nd Street, stated that he owned the property adjacent to the
Williamsburg III proposal; and that no one has approached him about running a road
through his property. He said that he did not want townhomes built adjacent to him.
Doug Weiss, '7190131st Circle, stated that he opposed the rezoning to multiple family
and was told that the property was zoned R-1 for single family use when he bought his
home.
Frances Griep, 12962 Garrett Avenue, said that their neighborhood is already
surrounded by multifamily and mobile homes and is concerned about the effect on the
property values if this project is approved.
Marv Drake, 12913 Garrett Avenue, said that he was one of the original single family
home purchasers in his neighborhood. At that time, he checked and found that the property
was zoned for single family use. He said that Greenleaf Elementary School is already
experiencing overcrowding and is concerned about the effect of the townhomes on the
Planning Commission Minutes
September 7, 1994
Page 6
capacity of that school. He also said that there would be an aesthetic impact on the
roadway which is a major entry to the zoological garden. He said that he would prefer to
see this project denied.
Chair Felkner asked Staff to provide the Commission with calculations of possible
school children based on school district statistics.
Bret Gustafson, 7033 130th Street West, said that this project would impact land
values and increase the amount of traffic in the neighborhood, especially on Galaxie
Avenue.
Hunt Gildmer, 13186 Garnett Avenue, asked if any communication had occurred
between the developer, the city, the school district, or the neighbors. He said that he spoke
to the principal at Greenleaf Elementary who said he was unaware of this proposal. He
said that the concentration of multifamily housing in this azea is already too high, He also
questioned whether or not the public hearing notice signs were erected to give proper notice
to the adjacent neighbors. Chair Felkner asked Staff to double check whether or not signs
had been erected as required by City policy. Chair Felkner also noted that the school
district. demographer has information from the City concerning its zoning maps and
comprehensive plan maps in order to adequately project school district population.
Commissioner Gowling asked if it would be possible at the next meeting for Staff to
display the overhead transparency that illustrates the dispersal of multifamily housing. units
and density throughout the community.
Tom L.essn, 12882 Garrett Avenue, addressed the Commission concerning the
potential for an increase in crime in their neighborhoods if additional multifamily housing
units were constructed in this area. He said that his house has been broken into, and he
believes that this is due to the presence of multifamily housing in the area.
Commissioner Edgeton asked Staff to get statistics from the Police Department
concerning the occurrences of crime throughout the community.
Scott Batulis, 13145 Garrett Avenue, stated that he did not receive mailed notice of
the proposal and questioned why this was the case. He said that he also felt that the
proposed intersection of 131st Street at Galaxie Avenue would result in an unsafe situation
based on the volume of traffic currently using Galaxie Avenue. City Engineer Keith Gordon
stated that there would be over 400 feet from center line intersection to center line
intersection between County Road 38 and 131st Street as proposed, which meets or exceeds
the City standards for intersection spacing. Mr. Batulis stated that it did not meet his
standard for safety. He suggested that a more detailed traffic study be performed regarding
this development proposal. Mr. Batulis also asked what type of mazketing study had been
Planning Commission Minutes
September 7, 1994
Page 7
done to demonstrate that the predominant purchasers of these proposed housing units would
be empty nesters.
Scott Leibold, 7197 131st Circle, stated that there is a problem with traffic on Galaxie
Avenue and that this development proposal will only make it worse. He said that in his
opinion, the rezoning was being requested due to the greed of the developer.
Kathy Walker, 12930 Garrett Avenue, said that the capacity of the existing school
system should weigh in the City's decision on whether or not to approve this project. In
addition, concerns over the level of traffic, and the value of the homes being proposed
should also be considered.
Dale Thuftedal, 12958 Garner Lane, stated that he opposed the rezoning proposal
and asked for a show of hands from members of the audience who also opposed the
rezoning.
Chair Felkner asked if there was anyone else who wished to address this item during
the hearing. process. There being none, he stated that this public hearing would be
continued to the next meeting due to the number of issues that had been raised, both by
Staff and. the general public. Mr. Felkner also asked. that Staff prepare an overhead
transparency for the next meeting which lists. the issues raised. during the hearing. Chair
Felkner then called a 10-minute recess at 8:15 p.m.
Chair Felkner reconvened the meeting at 8:30 p.m.
5C. Rezoning, Comprehensive Plan Amendment and Preliminary Plat for Briar
Knoll
Chair Felkner opened the public hearing with the standard remarks. Planning
Consultant Jeff Smyser of RLK & Associates presented the issue. This property is located
on the southwest corner of Pilot Knob Road and County Road 38. The property is currently
designated on the City's comprehensive plan for low density multifamily uses. The property
consists. of two parcels of land, one of which is currently zoned R-3 Single Family, and the
other being zoned A Agricultural. The development proposal includes a change to the
comprehensive plan to redesignate the area for all single family use, and to rezone all of the
property to R-3 single fanuly in order to subdivide the land for 22 lots for single family
homes. As part of the subdivision, 127th Street would be extended to intersect County Road
38 at Dorchester Trail. Two short cul-de-sacs would be installed within the plat. Mr.
Smyser stated that some of the lots needed to illustrate all of the setbacks to verify that the
lots could be built on without variances. He also stated that a 100 foot tangent needed to
be introduced at the reverse curve of the 127th Street extension in order to maintain
appropriate site distances for vehicles traveling along this road. Left and right turn lanes
Planning Commission Minutes
September 7, 1994
Page 8
on Pilot Knob will need to be installed at the new street intersection. Since it is the City's
policy not to allow cul-de-sacs when through street connections can be made, Staff evaluated
the ability of connecting the two proposed cul-de-sacs. This was found not to be possible
due to the significant change in elevation, which would result in a connecting roadway that
exceeded the City's 8% grade standards. It maybe desirable to shorten the southern cul-de-
sac somewhat to allow a lazger building azea between the end of the cul-de-sac and Pilot
Knob Road. Also, the northern cul-de-sac should be raised somewhat in order to meet the
requirements to provide it with sanitary sewer and also the 8% maximum grade.
The developer harry Vossen of Rome Development Company then addressed the
Commission. Mr. Vossen said that he was involved in the Briaz Oaks project in Apple
Valley and the adjacent Eagan Royale project immediately contiguous to Briar Oaks. He
gave a brief history of their company's attempts to acquire. this property and said that given
the cost of the land, they would expect that single family homes valued at $200,000 and
above would be constructed on the lots. He stated that the through street connection of
127th Street was based on Staff input regarding connections between neighborhoods.
Mr. Cowling asked if the south cul-de-sac could be shortened per Staff
recommendations. Mr. Vosen noted that this has been done once, and they would review
to see if it could be shortened a few feet further.
Chair Felkner asked about the raising of the northern cul-de-sac. Mr. Vossen said
he could not. address this in detail, but knows that it must meet the requirements of the City.
Chair Felkner then opened the hearing to comments from the general public.
Keith Chapman, 12691 Edinborough Way, asked who the builders would be in this
subdivision. Mr. Vossen stated that he has 3 to 4 custom builders on the line to build on
these lots. Mr. Chapman said that he was grateful to the Planning Commission for their
previous action to disapprove townhome development on this property. The neighborhood
does want to see single family homes and are happy with the developer's proposal. He said
that they personally were okay with the street connection of 127th Street, but know that not
all of the neighbors agree to that.
Kristen Kelley, 12756 Edgewater Path, said that she lives in the adjacent townhome
development and does caze about the community and what happens in the neighborhood.
She said she was somewhat concerned about the possibility of cut-through traffic through
the private townhome streets if a connection is made to the new 127th Street extension from
their townhome development.
Tom Bublitz, 5155 127th Street West, said that they have a concern over the level
of traffic that would begin to use 127th Street with the proposed connection. He wants to
Planning Commission Minutes
September 7, 1994
Page 9
be sure that the Huntington 3rd Addition neighborhood does not have to accept more than
its fair share of locally generated traffic. He questioned why the street connection needed
to be made if the developer said that it did not make any difference to them one way or the
other. He also questioned the traffic site line on the north curve of the proposed street.
The City Engineer stated. that the curve will be softened to improve the site line.
Brenda Bublitz, 5155 127th Street West, also thanked the Commission for their prior
action in recommending denial of the former townhome proposal. She said she remains
concerned over the amount of through traffic that could occur and would prefer to see two
unconnected cul-de-sacs.
Tracy Cooper, 12690 Edgemount Curve, also thanked the Commission for their
former recommendation to deny the townhome project.
Chair Felkner asked for input from the Police and Fire Departments on the need for
the 127th Street connection.
Brad Burke, 12738 Edinbrook Path, had a question about the drainage. He said that
his property backs. up to this parcel and that currently water is trapped in the rear. He
asked how the property would be graded to do away with this problem. Mr. Vossen
explained that the site will be graded. so that only 3 or 4 new lots that have back yards
would actually continue to drain to the southwest; everything else would drain to the north
running into a (NiJRP) pond prior to discharge into the natural wetland area. Mr. Burke
said that he had no quahns about the single family development proposal as submitted. He
said that an alternate layout that would have unconnected cul-de-sacs would be his
preference, but that he had no problem with the street connection either.
Chair Felkner then closed the public hearing with the standard remarks. He also
called a break at 9:05 p.m. to allow the videotape to be changed.
The meeting reconvened at 9:15 p.m.
SD. Site Plan Review, Rezoning and Height Variance for Building Addition and
Parking Lot Expansion, Shepherd of the Valley Lutheran Church
Chair Felkner opened the public hearing with the standard remarks. Acting
Community Development Director Rick Kelley presented the proposal which is located on
the northeast corner at the intersection of Johnny Cake Ridge Road and County Road 38.
The property is currently zoned for agricultural. uses. It is proposed to rezone the property
to an institutional category to allow expansion of the church. They would also consolidate
the existing unplatted parcel with their existing platted lot. Finally, a conditional use permit
Planning Commission Minutes
September 7, 1994
Page 10
would be considered to allow the new sanctuary to be constructed 58 feet in height, rather
than the. 40 feet stipulated by ordinance without such a conditional use permit.
Commissioner Blundetto asked if construction activity had already commenced on
this project. He was informed that a grading permit had been previously issued to allow the
earth work and parking lot improvements to proceed.
Tom Kylo of MCL Architects, representing the petitioner, presented a model of the
proposed facility. The total expansion is approximately 38,000 square feet in area.
Chair Felkner then opened the hearing to public comment.
Linda Wilson, 12737 Eveleth Path, said that neither she nor anyone in her
neighborhood has any objection to the church expansion, nor to the request for additional
height. She did have a question regarding the use and zoning on the vacant portion of the
property on the east side. Mr. Kelley informed her that as part of this request the property
would all be zoned to an institutional category. However, the comprehensive plan would
continue to designate the eastern portion for some type of low density residential. If at
some time. the church decided to dispose of that eastern portion, a new public hearing would
have to be held for the subdivision, and subsequent rezoning to the most appropriate
residential category for development purposes.
Linda Wilson also asked if the currently dead-end of Eveleth Path could be improved
to make it easier for vehicles to turn around. Currently the edge of the pavement ends in
a low azea which stays muddy most of the time. She was informed that the City would look
into this. She also had an unrelated question regazding the location of the proposed "zoo
school." She was informed that this alternative environmental high school would have a 400
student capacity and would be located within the grounds of the Minnesota Zoological.
Gazden.
Bev Hermes, 12617 Fairgreen Avenue, stated that she is a new resident to the area
and expressed a concern about the current level of traffic on Fairgreen Avenue running
down to the church and the potential for an increase in the traffic level. She wondered if
this road could either be closed, or provided with a gate that would only allow emergency
access.
A general discussion ensued concerning traffic circulation. Mr. Kelley pointed out
that the new site plan provides for two accesses onto Johnny Cake Ridge Road in contrast
to the single access that currently exists. In addition, these two accesses provide for a
circular internal vehicular route, and it is expected that most traffic would use the Johnny
Cake driveways to enter or exit the property. He noted that Grace Lutheran Church near
the City's downtown azea currently has a gated access off one of the interior streets that is
Planning Commission Minutes
September 7, 1994
Page 11
open only for worship services. The primary purpose of that gate, however, was to prevent
cut-through traffic across the parking lot of the church rather than to restrict parishioner
traffic.
Reverend Paul Harrington, representing Shepherd of the Valley Lutheran Church,
said that they would be willing to work with the City, but were not sure that, with the
current revised plan, gates would be necessary.
Pat McGuire, representing MCL Architects, addressed the Commission concerning
the current traffic situation. He said that currently the church is holding four Sunday
morning worship services, and one of the primary reasons for the expansion is not to
accommodate growth in the parish,. but rather to be able to reduce Sunday morning worship
services to two, to accommodate the number of parishioners already attending the church.
Consequently, the amount of traffic to be generated would not change, but would simply
occur at different times. He also noted that the majority of the new pazking area is located
adjacent to the new main sanctuary, and human nature being what it is, he would expect
that the majority of people would attempt to park close to the front door and leave by the
most convenient route which would be by the new Johnny Cake access points. L7 short, he
did not feel it would be necessary to either close Fairgreen Avenue, or to provide a gate at
this time.
Chair Felkner then closed the public hearing with the standard remarks. He noted
that the petitioner had requested action this evening due to the lateness of the construction
season.
MOTION: Member Cowling moved, seconded by Member Blundetto, to approve
the conditional use permit fora 58 foot high structure, in accordance with the site plan.
The motion carried 6 - 0.
MOTION: Member Cowling moved, seconded by Member Blundetto, to recommend
approval of a rezoning from "A" Agricultural to "P" Institutional. The motion carried 6 - 0.
MOTION: Member Cowling moved, seconded by Member Blundetto, to recommend.
approval of the preliminary plat. The motion carried 6 - 0.
MOTION: Member Cowling moved, seconded by Member Blundetto, to recommend
approval of the site plan and building permit authorization. The motion carried 6 - 0.
5E. Planned Development Rezoning for Whitney Plaza
Chair Felkner opened the public hearing with the standard remarks. Acting
Community Development Duector Rick Kelley presented the item. The subject property
Planning Commission Minutes
September 7, 1994
Page 12
is located at 15425 Cedar Avenue and is a vacant space within the Whitney Plaza
Commercial Center which is currently zoned under a planned unit development. The
request is to amend the planned unit development to allow a very limited amount of
outdoor storage space for motor vehicles. This request is being made by a potential tenant
of this vacant space which would operate a transmission repair facility. The current planned
unit development specifically disallows any outdoor storage of motor vehicles and in order
to allow any outdoor overnight storage of said vehicles an amendment would be necessary.
The proposal is to designate no more than three parking stalls on the back side of the
facility which would be adjacent to the screening wall and landscape materials. These stalls
are proposed to be signed so that it would be very clear that only these stalls were entitled
to be pazked in overnight.
Member Blundetto asked who would. be responsible for periodic inspection of the site
to make sure that the operations were in compliance with the planned development
standards. He was informed that the Community Development Depaztment would continue
to be responsible for this type of inspection. Currently, inspections concerning property
maintenance,. weeds, and improper storage of motor vehicles aze being handled by the City
Foresters. These individuals were. trained in the code inspection procedures. by Associate
Planner Scott Hickok.
Member Cowling asked about the. screening. of the motor vehicles. Mr. Kelley stated
that adjacent to Whitney Avenue a low brick screening wall was installed and landscaping
was planted on either side of the wall. He believes that only the very tops of a motor
vehicle parked in these stalls would be visible from Whitney Avenue.
Chair Felkner asked if the transmission facility either vacated the premises or ended
up not occupying them, what would happen to the conditional use permit. City Attorney
Mike Dougherty noted that a conditional use permit runs with the land, but must be utilized
within one year or the approval would lapse. The permit cannot be tied to a specific
business.
Member Edgeton asked how often these parking stalls would actually be used. The
petitioner, Bernie Wagnild of Valley Development Partnership, stated that typically he
would expect that the transmission repair facility would go for months without actually
utilizing these outdoor spaces. He said that their typical use would be during very severe
winter weather conditions when transmission failures become more prevalent. What would
typically happen is that a wrecker would drop off a disabled vehicle unannounced after
closing hours. Up to six vehicles can be stored inside, and that is why he expects the need
to use the outdoor stalls would occur only very razely. He said it was their opinion that they
should be up front and honest with the City regarding the potential for the need for this
outdoor storage rather than to just hope that if they ever had to park a vehicle outdoors,
Planning Commission Minutes
September 7, 1994
Page 13
the City would not be aware of it. He said that they would be taking afive-yeaz lease on
the space with an option to purchase it outright.
Chair Felkner then opened the hearing for general public comments. There being
none, he closed the public hearing.
A general discussion ensued among. the Commissioners and the City Attorney
regarding the ability of the City to tie a conditional use permit to a specific business as
opposed to the land that the business occupies.
Mr. Dougherty emphasized that the permit is attached to the land and not the
business. As long as the conditions listed as part of the permit aze adhered to, that property
owner can continue to utilize those outdoor spaces. A time limit may not be tied to the
length of the permit.
MOTION: Member Edgeton moved, seconded by Member Miller, to recommend
approval of the planned unit development to allow limited amounts of outdoor vehicular
storage as a conditional use. The motion carried 4 - 2 (Gowling, Blundetto).
MOTION Member Edgeton. moved, seconded by Member Miller, to recommend
approval of the conditional use permit for up to 3 stalls to be utilized. for outdoor overnight
vehicular storage on Lot 4, Block 1, Delegazd 2nd Addition. The motion carried 4 - 2
(Gowling, Blundetto).
6. LAND USE/ACTION ITEMS
- None -
7. DISCUSSION ITEMS
- None -
8. OTHER BUSINESS
Chair Felkner noted that the City has received the resignation of Planning
Commissioner Jeannine Churchill. This resignation will become effective on November
15th, or upon the date that the City Council appoints a replacement for Ms. Churchill. Ms.
Churchill said that for the remaining meetings until November 15th, she would only attend
if there was a problem in attaining a quorum for the Commission meeting if she was directly
notified prior to the meeting.
Planning Commission Minutes
September 7, 1994
Page 14
There was a general discussion among the Commissioners concerning the manner in
which some recent petitioners had presented their information for development proposals
to the Commission. By way of example, the Williamsburg III presentation this evening
indicated that the petitioner had not really pursued the issue of the 131st Street connection
over property that he did not control. There were also a number of hastily drawn revisions
to the plans that were presented the evening of the meeting. Staff noted that while it would
certainly be more desirable to have a lot of these details tied up prior to a formal public
hearing process, in fact, the City must schedule the public hearing at the time that the
minimum requirements are met regarding either the plat or the zoning request and the
completion of the formal petition. Since it is the petitioner that is requesting the action of
the City, it would always seem to be in their best interest to prepare. an as complete and
detailed proposal as possible in order to facilitate a timely decision by the Commission and
Council. Probably the best way to encourage this is for the Commission to either deny or
to continue public hearings for projects which they feel have been inadequately prepared
by the proposer. This message would soon get out to the development community.
The Commission also inquired as to the status of the minimum green space ordinance
amendment. This has not yet been scheduled for a public hearing. Once an ordinance has
been prepared it will become clear to all those involved exactly how the green space
calculations are to be arrived at in order to meet this new 60% minimum that the City has
deemed appropriate in multifamily areas.
9. ADJOURNMENT
MOTION: Member Cowling moved, seconded by Member Blundetto, to adjourn the
meeting.. The motion carried 6 - 0. The meeting adjourned at 10:10 p.m.