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HomeMy WebLinkAbout01/06/1988CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES January 6, 1988 Minutes of the meeting of the Apple Valley Planning Commission held Wednesday, January 6, 1988, at 7:30 p.m. at the Apple Valley City Hall. PRESENT: Chairperson Robert Erickson; Commission Members Richard Carlson, Alan Felknc Marcia Gowling, Frank Kleckner, Virginia Sterling; Staff Members Tom Melena, Tom Lawell, Rick Kelley, Meg McMonigal, Keith Gordon, John Gretz; City Council Liaison Gary Humphrey; nine members of the public. ABSENT: Phillip Peterson. 1. Chairperson Erickson called the meeting to order at 7:32 p.m. 2. Approval of Agenda. Mr. Kelley indicated the following changes in the agenda for AGENDA the meeting: Item #4 Consideration of Preliminary Plat -- Commons Market, withdrawn at the request of the Petitioner; Item #6 The name of the Petitioner is Duane Lindeen (not Lindgren); Item #8 Sketch Plan Review (not Site Plan Review); Item #9 Consider Status (not Appointments) to Comprehensive Plan Committee. MOTION: of Carlson, seconded by Sterling, to approve the agenda for the meeting as amended. VOTE: Yes, 6; No, 0. 3. Approval of Minutes of December 16, 1987. Page 4, first sentence, should be corrected to read: If there are MINUTES no objections from Council, the Commission will recommend (not, will DEC. 16,E appoint) that members be appointed to the Committee at the January 6 meeting. Page 4, Item 11 -- Motion should read: MOTION: of Sterling, seconded by Peterson, to elect Rick Carlson as Vice Chair of the Planning Commission with Cowling moving that a white ballot be cast.. VOTE: Yes, 7; No, 0. MOTION: of Felkner, seconded by Carlson, that the Minutes of December 16, 1987, be approved as corrected. VOTE: Yes, 6; No, 0. 4. Consideration of Preliminary Plat - -- Commons Market. (Withdrawn) 5. Site Plan Review and Building Permit Authorization for Commons Theater. LOCATION Southeast Corner of 147th and Garrett Ave. SITE PLAT PETITIONER Apple Valley Theaters, Inc. REV. & BLDG. PEE Ms. McMonigal presented the petition for Site Plan Review, Building AUTH., Permit Authorization, Variance to Lot Coverage Requirement and COMMONS Variance to Sign Regulations for the proposed Apple Valley Theater. THEATER A revised site plan (from the one presented at the Dec. 16, 1987, meeting) indicated a shift to the west of the theater building in order to make parking spaces at the Commons more accessible, an additional 19 parking stalls on the immediate site of the theater, and indication of a request for PLANNING COMMISSION MINUTES January 6, 1988 Page 2 a marquee sign (which would have changeable copy for the movie titles) to replace the allowed pylon sign and an additional building sign to be located on tk northeast side of the building. Staff is comfortable with a 5' setback variance to the north side of the site and Staff also feels parking and circulation patterr are much improved; there is adequate parking on site for the theater patrons. Mr. Kleckner indicated he has significatn concern over the parking situation and wondered if the Petitioner had checked with nursing home officials regarding the possible use of their parking lot and was told No. Chairperson Erickson indicated he is in favor of the project but is concerned about parking. Discussic followed indicating that it is unlikely that 6 theaters will be 80% sold out at any one time; there are more than enough parking spaces within 400 feet of the site to accommodate more than 75% of the parking required; (the theater owner indicated that 75% of the theater tickets being sold would be considered "full. ") Actually 40 more stalls are provided than required by ordinance; additional parkir is available beyond the 400' area of the theater. If parking were to become a problem and the ring route a reality, 147th Street would be widened to 4 traffic lanes providing 2 parking. lanes. Cross - parking easements will be required as part of the approval process. Regarding signs, Ms. Sterling indicated her concern about advertisements for certain types of movies with Chair Erickson wondering if there were a need for some type of ordinance to prohibit X -rated movies. City Manager Melena indicated that usually the economics of an area take: care of that type of situation; the Petitioner also indicated with home videos being readily available, X -rated movie theaters are being closed down. Mr. Melen� indicated that the non - planning Staff definitely recommends approval of this pro- ject and that tax - increment financing will be considered. He feels a development such as this will be beneficial to the City and that the developers are /have been very willing to work with Staff. MOTION: of Sterling, seconded by Gowling, to recommend that the Building Permit be authorized for Apple Valley Theater,. Inc., in conformance with plans presented at this evening's meeting subject to the 5' setback variance to the north side, subject to 3.7% building coverage versus 20 % coverage as required, and a sign variance to allow for an additional building sign on the northeast side of the building. VOTE: Yes, 6; No, 0. 6. Consieration of Variance for a Fence. LOCATION 5978 133rd Street Court. PETITIONER Duane Lindeen. VARIANCE FFNCF. Mr. Kelley presented the petition for a variance to allow for a 6 foot high fence in the front yard area. The petitioner has erected a 6 foot high fence along the entire east boundary of the lot, including the front yard setback area. Mr. Lindeen presented a lengthly explanation as to the reason for erecting this fence and also told the Commission that he had stopped by City Hall and was directed to the Public Works Department where he was told that the fence he had plans / €8 (and subsequently erected) was "legal." He presented a letter from a concerned neighbor and another document indicating that 10 different families do not find the 6 foot fence objectionable. (Copies are attached.) He also presented pictures of his fence and fences on 4 other properties in AV that are in violation of the regulations. It was suggested to Mr. Lindeen that he cut the fence down to 3z' and .plant some shrubs in order to comply with the regulations. Mr. Felkner and Mr. Carlson voiced concern that persons employed within the City would have known the PLANNING COMMISSION MINUTES January 6, 1988 Page 3 requirements of the Code. Ms. Gowling indicated she looked at the fence and feels that the neighbor has to look at the rough side of the fence and that 31� ' would be more appropriate so as not to obstruct the neighbors' view. Chairperson Erickson indicated he sympathized with the Petitioner but feels that 3 fence would be more appropriate. MOTION: of Gowling, seconded by Carlson, recommending that the request for a variance to allow a 6 foot high fence in the front yard area be denied. VOTE: Yes, 6; No, 0. 7. Site Plan Review and Building Permit Authorization for Mauer Office Building. LOCATION 145th Street and Granada Drive. PETITIONER Terry Mauer. Ms. McMonigal presented the Site Plan Review and petiton for Building Permit Authorization for an office building with retail space on the first floor and office space on the second floor. The amount of parking spaces on the site plan exceeds the requirements by 50% or 20 spaces. All Commission members agreed that this is a very attractive building plan. DLI , rt,tu� REV. & BLDG. PEI AUTH.,MAI OFFICE BHTT.nTW MOTION: of Carlson, seconded by Kleckner, to recommend approval of the Building Permit for an office building subject to compliance with the City's Landscaping Ordinance. VOTE: Yes, 6; No, 0. 8. Sketch Plan Review and Building Permit Authorization for Office /Warehouse. LOCATION South Side of C. R. 1642, between Galaxie and Foliage Ave. PETITIONER Heise, Reinen, MacRae & Associates. SKETCH PI REV. & BI Mr. Kelley presented the petition for Building Permit Authorization PERMIT for a office /warehouse and the Sketch Plan Review. Thirty percent AUTH, will be office space and 70% warehouse space. The building would be OFFICE /W2 of tile and block and is an innovative architectural design. There HOUSE is concern with the use of metal on the roof. Mr. Gordon indicated that sanitary sewer, storm sewer, and water are adjacent to the lot. He indicated that because excess dirt was used on this sie from the construction of 151st Street, soils correction could be necessary before the building could be constructed. The petitioner was told that his plan was very well thought out and was well received by members of the Commission. There was only a problem with the roof tops and this is being addressed. Since the building will be facing away from C. R. 42, the matter of signage may be a problem. An area identification sign would be permitted. Chairperson Erickson indicated that he liked the building presented and compliment the Petitioner on his building design. 9. Consider Status of Comprehensive Plan Committee. Mr. Kelley presented the memo to the Planning Commission from COMP PLAT Ms. McMonigal regarding the Comprehensive Plan Committee, indicating C OMMITTE] that the City Council would like to wait from 30 to 60 days to act on this because of the goal- setting process the Council is now involved with. Discussion followed as to the best approach of letting the persons know of the intent /plans for this Committee. Mr. Erickson indicated that he felt the names PLANNING COMMISSION MINUTES January 6, 1988 Page 4 should be recommend to the City Council for their approval to that this Committee could be "in place" following the goal- setting process. MOTION: of Carlson, seconded by Cowling, to forward the names of those interested in serving on the Comprehensive Plan Committee to the City Council for their appointment to this Planning Commission Subcommittee. VOTE: Yes, 6; No, 0. 10. Consider Policy on Acting at the Meeting of the Public Hearing. A Memo from Ms. McMonigal. regarding. Policy on Taking Action the Night ruLiux of Public Hearings was reviewed. Commission Members did not have TAKING issues; this was agood. response to the concern raised. Chair Erickson ACTION indicated that MS.MCMONIGAL DID AN EXCELLENT JOB with these suggestions. NIGHT 01 PUBLIC MOTION: of Carlson, seconded by Sterling to recommend that the Policy HEARINGS on Taking Action the Night of Public Hearings be approved as submitted. Mr. Kelley indicated that the Chairperson could paraphrase the closing remarks with Mr. Carlson amending his motion to include this. VOTE on Motion as Amended.: Yes, 6; No, 0. 11. Other Items. None were presented. 12. Adjourn. MOTION: of Sterling, seconded by Cowling, to adjourn the meeting at 9:40 p.m. VOTE: Yes, 6; No, 0. AUJ yUK1V APPROVED SECRETARY