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PCMIN 04 28 1998 MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA April 28, 1998 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:03 P.M. by Chairman Butler who asked Commissioner Gardner to lead the flag salute. B. Chairman Butler requested the roll call: Present: Commissioners Abels, Gardner Kirk, Woodard and Chairman Butler. It was moved and seconded by Commissioners Abels/Gardner to excuse Commissioners Seaton and Tyler. Unanimously approved. C. Staff present: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, Planning Manager Christine di Iorio, Senior Engineer Steve Speer, Principal Planners Stan Sawa and Fred Baker, and Executive Secretary Betty Sawyer. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: Confirmed. IV. CONSENT CALENDAR: A. Chairman Butler asked if there were any changes to the Minutes of April 14, 1998. There being no corrections, it was moved and seconded by Commissioners Kirk/Gardner to approve the Minutes as presented. Unanimously approved. B. Department Report: None. V. PUBLIC HEARINGS: A. Zoning Code Amendment 97-058 and 98-061; a request of the City for consideration of miscellaneous amendments to Title 9-Zoning Code of the La Quinta Municipal Code. 1. Chairman Butler informed everyone this item was a continued public heating and asked if anyone wanted to speak regarding this issue. PC-4-14288 Planning Commission Meeting April 28, 1998 2. There being no other public comment, It was moved and seconded by Commissioners Woodard/Abels to continue these item to May 26, 1998. Unanimously approved. B. Environmental Assessment 98-353. Repeal of Specific Plan 87-009. Village at La Quinta. Zoning Code Amendment 98-060. Change of Zone 98-085. and Design Review Guidelines; a request of the City for consideration and recommendation to the City Council to Repeal the Village at La Quinta Specific Plan, and replace it with Design Review Guidelines and revised "Village Commercial" Zoning text. Rezoning of the "Village Residential" area east of Desert Club Drive from Village Residential to Low Density Residential. 1. Chairman Butler informed everyone this was also a continued public hearing and asked if anyone wanted to speak on this subject. 2. There being no public comment, it was moved and seconded by Commissioners Gardner/Abels to continue this item to May 26, 1998. C. Continued - Site Development Permit 98-621; a request of Peters-Hover Company for a compatibility review approval to allow six new prototype plans for the Citrus Cotmtry Club in compliance with the adopted Specific Plan and Tracts 24890-6 and 28719 on portions of Liga, Pomo, Cetrino, Cidra, and Baya Streets. 1. Commissioner Gardner excused himself due to a possible conflict of interest and withdrew from the dais. 2. Chairman Butler informed everyone that the public hearing was still open and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Chairman Butler asked if the Commission could consider making any architectural changes. City Attorney Dawn Honeywell stated that if the reason they were making the changes is to make the project more compatible with the existing units, they could do so. Chairman Butler questioned whether or not the Commission could review the project for architectural changes if there was a project with multiple developers. City Attomey Dawn Honeywell stated only to the extent the Zoning Code allows them to review individual prototypes. Based on the current Zoning Code, the major items they should be looking at are setbacks, heights, and things of this nature. PC-4-14288 2 Planning Commission Meeting April 28, 1998 4. Commissioner Woodard asked if there were any existing project in the City, with similar architecture as the new developer was proposing Spanish architecture, but added elements that were dissimilar. In his opinion, this project had a preponderance of issues such as the detached guest suites which detracted from the streetscape. He would suspect the existing units did not have this element. City Attorney Dawn Honeywell stated that if it didn't, then the Commission could place some ratio of restriction on the project. Commissioner Woodard asked if staff knew this percentage. Staff stated it was unknownl 5. Chairman Butler stated that in reading the staff report, it was his understanding that some of the units had guest houses. 6. Commissioner Woodard asked if the original project had a variation in roof design as this project has the same design on every unit. The City Attorney stated this was again a variable issue that would allow the Commission to request variation. Commissioner Woodard asked staff if they knew the percentage of this tract. Staff stated the applicant had submitted the photographs of architectural detail for Commission review. 7. Commissioner Kirk asked staff to explain the last statement of Compatibility Review Criteria #3. City Attorney Dawn Honeywell stated it was her understanding that this applies to plans reviewed at the same time. The Commission needs to look at the previously approved units as part of the compatibility review. Planning Manager Christine di Iorio stated this was the case used by KSL to request using their design as it had been used at PGA West. Commissioner Woodard asked if this precluded them from reviewing it at this time. City Attorney Dawn Honeywell stated no, the Commission has to include the previous prototypes as part of their review. Discussion followed as to the designs that were and are being submitted. 8. Chairman Butler asked if anyone else would like to address this issue. Mr. Tom Hover, 3501 Jamboree, Newport Beach, the applicant, stated these plans had been previously approved and the current plans were identical to those previously approved with minor modifications to the floor plan. Commissioner Woodard asked if the plans had been submitted by KSL. Mr. Hover stated yes. He went on to state that after the comments made by the Commissioners at the last meeting, they had made some changes to the streetscape by removing some of the guest suites. In some instances they have relocated the guest suites and made adjustments to setbacks, 20 to 25 feet also for variation in the streetscape. PC-4-14288 3 Planning Commission Meeting - April 28, 1998 9. Commissioner Woodard stated the plans showed a substantial improvement in the streetscape, but asked if the units that were relocated would have an impact on the front elevation construction. Mr. Hover answered yes, but it would be beneficial and they will still have a covered entry. Commissioner Woodard asked if the homes that had been previously approved had different facades or roof elevations. Mr. Hover stated they would be very similar to those approved. Commissioner Woodard asked if they were pre-plotting the entire project. Mr. Hover stated they were. 10. Chairman Butler closed the public comment portion of the hearing and opened the project to Commission discussion. 11. Commissioner Kirk stated he applauded the applicant for the changes he voluntarily made and would support the project. 12. Commissioner Abels agreed. 13. Commissioner Woodard stated he too applauded the changes made by the applicant. 14. It was moved and seconded by Commissioner Abels/Kirk to adopt Planning Commission Resolution 98-017, approving Site Development Permit 98-621, subject to the amended Conditions of Approval. ROLL CALL: AYES: Cormnissioners Abels, Kirk, Woodard, and Chairman Butler. NOES: None. ABSENT: Commissioners, Gardner, Seaton, and Tyler. ABSTAIN: None. 15. Commissioner Kirk asked if the proposed changes to the Zoning Code would address the issues that had been raised on this project. Staff stated that compatibility review allows these types of changes. Commissioner Kirk stated it did not allow them to go beyond the restriCtions that had been referred to by the City Attorney. Staff stated they would review the revisions. Commissioner Gardner rejoined the Commission. D. Environmental Assessment 98-357. General Plan Amendment 98-057. Specific Plan 84-004, Amendment //2. and Change of Zone 98-086; a request of TD Desert Development for Rancho La Quinta, for a recommendation of a certification of a Mitigated Negative Declaration of Environmental Impact; approval of a General Plan Amendment from Low Density Residential to Tourist Commercial, and 32 foot wide private streets; approval of Rancho La Quinta Specific Plan 84-004, Amendment #2, with guidelines and standards; and approval of a Change of Zone from Low Density Residential to Tourist Commercial. PC-4-14288 4 Planning Commission Meeting April 28, 1998 1. Chairman Butler opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, a copy of which is on file in the Community Development Department. Staff informed the Commission of the revised conditions that had been worked out with the applicant. 2. Commissioner Abels asked staff to explain the difference in the request for street widths. Staff stated the conditions that had been handed out to them before the meeting should explain the changes. Senior Engineer Steve Speer would explain this further later in the hearing. Staff also noted that 88 Casitas units had already been built. 3. Chairman Butler asked staff to clarify the area that had been previously approved for Tourist Commercial and where they were proposing to move it to. Discussion followed as to the uses and how they would be relocated. 4. Commissioner Woodard clarified the applicant was requesting to zone additional land as Tourist Commercial; could they have commercial at the -- proposed site. Staff stated the General Plan would not allow this. Commissioner Woodard asked what would be built in this location besides the Casitas units. Planning Manager Christine di Iorio stated it would allow condos, hotels, and other uses that would allow overnight rental; the commercial use of residential uses. Commissioner Woodard asked what the other uses were on the northern comer of the site. Staff stated it is the hotel and related uses. Discussion followed as to other uses that could be placed at this site. Commissioner Woodard stated his concern was regarding the lack of energy for the downtown Village area and by allowing this development in this area it could further decrease the interest in the Village. Staff stated the applicant had approval for 40 acres of Tourist Commercial before and was now requesting only 30 acres and the ability to relocate them and ten acres that would be retained at the original site. Commissioner Woodard asked how the Casitas owners would travel to the clubhouse and golf course. Staff stated the applicant would review this for the Commission. Commissioner Woodard asked if the Major Arterials had been changed regarding landscaping. Senior Engineer Steve Speer stated the total landscaping would be 29 feet in the right of way and 20 feet outside the right of way. 5. Senior Engineer Steve Speer stated that due to the proposed Conditions of Approval, staff had met with the applicant to review the improvements. As a result of that meeting, the language contained in the conditions has gotten more complicated and deals more with the timing of securities for the off-site improvements and the off-site work. He also noted that the General Plan PC-4-14288 5 Planning Commission Meeting April 28, 1998 Amendment is for 28-feet and not 30-feet in the Casitas unit area. Staff has no objection to this as the development will be responsible for enforcing the requirement. Commissioner Kirk asked staff to clarify whether the 28-feet would only be in the Casitas area. Staff stated this was true. Commissioner Woodard asked for an example of a 28-foot street in the City. Senior Engineer Steve Speer stated currently there was only one already within Rancho La Quinta and it is similar to an apartment complex with parking pockets off the street. 6. Commissioner Gardner asked if any units were presently built on the smaller lots. Staff explained that the plan had been built on lots smaller than 7,200 square feet. Commissioner Gardner asked what staff planned to do for traffic control on Dune Palms Road. Staff stated it was the applicant's intention to have an access at this point and when it meets traffic warrants a signal will be installed. 7. Commissioner Woodard stated that if street width of 28-feet was safe for Fire and other agencies, then why not have all the streets in the City designed at 28-feet? Staff stated the City did not have to enforce the parking restrictions within Rancho La Quinta. Therefore, the City had no objection. Commissioner Woodard asked if the City had allowed lots of this size anywhere else. Staff stated it was allowed adjacent to golf courses such as PGA West. 8. Commissioner Gardner asked staff to clarify the siZe of the lots. Staff referred this to the applicant. 9. Chairman Butler asked if the applicant would like to address the Commission. Mr. Forrest Haag, representing the applicant, gave an overall description of the project. 10. Commissioner Woodard asked if the present homeowners were aware the dual golf courses would be public courses. Mr. Haag stated he did not know if it had been clearly defined at this point in development. Commissioner Woodard stated he felt it should be made known to the homeowners. Mr. Haag stated that when the existing golf course becomes self sufficient, it will be a closed course. The proposed golf course is intended to be a resort golf course. Commissioner Woodard stated his concern was what had been told to the existing property owners. Mr. Haag stated the residents would have access to both golf courses. Commissioner Woodard asked staff to clarify what the Commission was approving. Staff stated they were approving the land uses; the Tourist Commercial zoning and number of units that would be allowed; not the configuration. Commissioner Woodard asked if conditions could be placed on the plan so that when it came back to the Commission PC-4-14288 6 Planning Commission Meeting April 28, 1998 they would be required to address the golf course. Mr. Haag stated the property owners could access the proposed course by golf cart. Commissioner Woodard asked the applicant to address the lodge component. Mr. Haag stated that in the existing plan there was an 80-unit lodge component, but today it is unknown what that could mean. He went on to describe a scenario of what it could be. Commissioner Woodard asked if the changes would be a surprise to the existing property owners. Mr. Haag stated the area had been downgraded to residential and went on to explain the purpose of the change. 1 1. Commissioner Abels asked if the applicant anticipated any problems with the City of Indio in regard to the amount of traffic the Tourist Commercial could generate. Mr. Haag stated that due to the configuration of the site, everyone coming to the site would not generate impacts on the City of Indio as most of the impact would be internal to the project. 12. Commissioner Gardner stated his concern was the number of units to be built and the size of the hotel; if each of these units were to generate two people, the number of people playing golf at the same time would be huge. He questioned how they were reducing the number of units that had been originally planned. Mr. Haag explained that the Vantanas plan was not included, of which 320 have been built to date. Generally given the market place, the land required to build 18-more holes of golf and dedicate sufficient land for residential development, it would only allow 600 more units. This would give a buildout of 1,000 plus units, well under the 1,500 units originally planned. Commissioner Gardner stated this would add to the burden of public agencies. Mr. Haag stated this new plan would reduce that burden. 13. Commissioner Kirk asked what the impact would be on the Village. What type of ancillary commercial uses would be brought in with TC use. Mr. Haag stated the designation TC determines what types of commercial uses would be allowed. What they were expecting was ancillary golf types of uses; there would be no strip commercial or commercial driven uses. Commissioner Kirk asked if the homeowners' association would accept the 28-foot street responsibility. Mr. Haag stated they would. 14.' Commissioner Woodard asked how they could put perpendicular parking and have room for a house. Mr. Haag explained how the curvilinear street parking pockets are created. Commissioner Woodard stated the plan does not have many curvilinear streets and how would each house have room for guest parking; he did not see how this could be accomplished. Staff stated they could require them to have the 32-foot wide streets. Discussion followed as PC-4-14288 7 Planning Commission Meeting _ April 28, 1998 to the amount of guest parking that was needed. Mr. Haag responded by saying that it is an assumption that every residence would have one visitor every day. Staff quoted the Code requirement as it related to the guest parking and stated this project met those requirements. 15. Chairman Butler asked if anyone else would like to speak. Mr. E. B. Gee, 79-060 Via Santa Clara, expressed his supported of the project as submitted as he believed it would be a tremendous benefit to the residents and members of the Country Club. 16. Mr. Howard Thompson, 48-200 Via Solano, stated his concerns had already been expressed to the developer.. Their understanding was this was to be a privately gated facility with a private golf course. They would like to have some type of gate between the residential and commercial uses. The guest lodge is located where the clubhouse was to be constructed. Commissioner Woodard asked Mr. Thompson where the infringement would be. Mr. Thompson showed how Rancho La Quinta Road would lead past the clubhouse and maintenance facility 'to the commercial part of the project. In addition, the road that goes around the Casitas units would also lead to the current residential section. Commissioner Woodard asked Mr. Thompson what he understood was to be built when he purchased his home. Mr. Thompson stated they understood it to be a private golf course. 17. Commissioner Abels asked Mr. Thompson if the applicant had met with the Homeowners' Association. Mr. Thompson stated they had, but it was not very well presented. 18. Commissioner Kirk asked Mr. Thompson if he understood the original plan called for the 40-acres commercial to be in the middle of their development and now they were asking to move it out of this area to the comer. This would change the access to come in off.Major Arterial streets and not through the development. Mr. Thompson stated they were told the hotel was where the clubhouse was to be built. Commissioner Kirk asked if what was being presented 'was better for the residents that the original plan. Mr. Thompson stated it is a change from what they were told, but not an improvement. Their desire is not to prevent what they propose, but to keep a separation between the existing and the commercial. 19. There being no other public participation, Chairman Butler closed the public comment portion of the hearing and opened the issue to Commission discussion. 20. Chairman Butler asked how PGA West made the distinction between the private and public golf courses. Commissioner Gardner stated a pass is required to cross over. PC-4-14288 8 Planning Commission Meeting April 28, 1998 21. Commissioner Woodard asked if the notification area had been 500-feet. Staff stated yes, and in addition a public meeting was held by the applicant. Commissioner Woodard asked if the notification informed the residents that a lodge was proposed. Staff stated it was not necessary as it was a part of the original specific plan. Commissioner Woodard noted that even with the notification, very few people had responded with any negative comments. 22. Commissioner Abels noted that with the change in location of the Tourist Commercial, it would be a benefit to the residents. 23. Commissioner Gardner stated he could understand some of the concerns that were raiSed by Mr. Thompson and perhaps this could be addressed. 24. Chairman Butler asked staff if there were any examples of private courses in conjunction with public courses. Mr. Haag stated the La Quinta Hotel had courses that ran parallel. Discussion followed. 25. Chairman Butler asked if this application .were approved at this meeting, would the Commission be prohibited from making any changes to the specific plan. Mr. Haag stated the circulation system is separated from the resort traffic. Commissioner Woodard stated a golf cart could have access. Discussion followed. 26. Commissioner Kirk stated he was impressed with the applicant's presentation and the project itself. If the residents understood the original plan, they would applaud the proposed changes. 27. There being no further discussion, it was moved and seconded by Commissioners Kirk/Abels to adopt Planning Commission Resolution 98- 018 recommending approval of a Mitigated Negative Declaration of Environmental Impact (EA 98-357) according to the findings set forth in the Resolution. ROLL CALL:AYES: Commissioners Abels, Gardner, Kirk, Woodard, and Chairman Butler. NOES: None. ABSENT: Commissioners Seaton and Tyler. ABSTAIN: None. 28. It was moved and seconded by Commissioners Kirk/Abels to adopt Planning -- Commission Resolution 98-019 to recommend approval of a General Plan Amendment 98-057 to modify the location of the Tourist Commercial land and to modify the configuration of the golf course and residential components, and to allow 28-foot wide private residential streets. PC-4-14288 9 Planning Commission Meeting April 28, 1998 ROLL CALL:AYES: Commissioners Abels, Gardner, Kirk, Woodard, and Chairman Butler. NOES: None. ABSENT: Commissioners Seaton and Tyler. ABSTAIN: None. 29. Commissioner Woodard questioned this being a blanket approval. Staff stated the conditions were part of the Specific Plan Resolution. 30. Commissioner Gardner stated his concern about the height of the hotel and lot sizes. Staff stated the hotel and other conformance issues would be brought back to the Commission under a Site Development Permit. The Specific Plan would address the height of the hotel. 31. It was moved and seconded by Commissioners Abels/Kirk to adopt Planning Commission Resolution 98-020 recommending approval of the Rancho la Quinta Specific Plan 84-004, Amendment #2, subject to the Conditions of Approval, as amended. 32. City Attorney Dawn Honeywell stated this was where the Commission needed to place any special requirements on the project. 33. Commissioner Abels withdrew his motion. Commissioner Kirk stated he would like to hear from the applicant as to whether he would be willing to lower the height of the hotel to 35-feet. Mr. Haag stated to mitigate the impact of the IID substation, the 40-foot height was conservative. With the necessary utility amenities they are required to have, the 40-foot height was needed. Commissioner Woodard asked if it could be three stories with a 40- foot height limit. Community Development Director Jerry Herman stated the 40-foot height limit could be subject to Planning Commission review requiring a variation in roof height. Commissioner Gardner stated he would concur with three stories. 34. Following discussion, it was moved and seconded by Commissioner Abels/Kirk to adopt Planning Commission Resolution 98-020 recommending approval of the Rancho La Quinta Specific Plan 84-004, Amendment #2, with a height limit of 40-feet and three stories, with a variable roof height, for final review to come back for Planning Commission approval, and as submitted at this meeting. 35. Commissioner Woodard asked staff what the height of the Bed and Breakfast. Staff stated no more than 35-feet. PC-4-14288 10 Planning Commission Meeting April 28, 1998 ROLL CALL:AYES: Commissioners Abels, Gardner, Kirk, Woodard, and Chairman Butler. NOES: None. ABSENT: Commissioners Seaton and Tyler. ABSTAIN: None. 36. It was moved and seconded by Commissioners Abels/Gardner to adopt Planning Commission Resolution 98-021recommending approval of a Change of Zone to modify the location of the Tourist Commercial zone and to modify the configuration of the golf course and residential zone. ROLL CALL: AYES: Commissioners Abels, Gardner, Kirk, Woodard, and Chairman Butler. NOES: None. ABSENT: Commissioners Seaton and Tyler. ABSTAIN: None. Chairman Butler recessed the meeting at 8:50 p.m. and reconvened at 9:00 p.m. E. Conditional Use Permit 97-036 and Site Development Permit 97-616; a request of A & S Engineering for Shell Oil Company for approval to allow construction of a 2,615 square foot service station/food mart and a 900 square foot car wash and approval for the service station and car wash. 1. Chairman Butler opened the public hearing and asked for the staff report. Principal Planner Fred Baker presented the information contained in the staff report, 'a copy of which is on file in the Community Development Department. 2. Chairman Butler asked if there were any questions of staff. Commissioner Woodard asked if there were any concern about the access into this project off Adams Street as there is no provision for stacking. The proximity of the entrance is too close to Adams Street to be safe. Senior Engineer Steve Speer stated the original developer of the shopping center and the City approved the driveway at this location. Discussion followed as to the access into the car 3. Chairman Butler questioned the increase of traffic at the stop sign west of the existing car wash. Anyone traveling in this area paid no attention to the stop sign. 4. Commissioner Woodard asked why this use needed parking. Staff stated it was needed for the foot mart. Commissioner Woodard stated this was another concern of his. Now there would be cars backing into the traffic pattern. Discussion followed regarding the traffic pattern. Commissioner Woodard asked if the number of parking spaces was dictated by the applicant or City Code. Staff stated by Code. PC-4-14288 11 Planning Commission Meeting _ April 28, 1998 5. Commissioner Kirk asked if the Specific Plan for the Center identified this site as a service station; was this a minor use and not a car wash. Community Development Director Jerry Herman stated the original approval included the car wash; however, the site development permit for this application did expire two years ago. 6. Chairman Butler asked if the applicant would like to address the Commission. Mr. Ahmad Ghaderi, consulting engineer for the project, stated the request was to approve the original use of the site. Circulation and layout design are based on where the highest traffic flow occurs, which is Highway 111. They anticipate most of their business coming from Highway 111. Regarding the parking lanes, they have met code and do not need all the spaces. 7. Chairman Butler asked if the applicant was aware of the traffic at this comer. Mr. Ghaderi stated he had not noticed any congestion. 8. Commissioner Woodard asked if a customer had to purchase gas in order to get a car wash. Mr. Ghaderi stated yes, and it all could be paid for at the pump. Commissioner Woodard stated his conCern about stacking at the car wash. Mr. Ghaderi stated it only takes a minute to a minute and a half for the car wash. Commissioner Woodard asked how many parking spaces the applicant needed. Mr. Ghaderi stated four with the handicapped. Commissioner Woodard asked if the parking requirement could be reduced by the Commission. Staff stated only by amending the Specific Plan. Commissioner Woodard asked if there were any suggestions the applicant could make to change, or alter the northern access point such as taking the two parking spaces and converting them to landscaping. Mr. Ghaderi suggested moving two parking spaces down and creating more landscaping at the entrance. Staff stated this was possible. Commissioner Woodard asked if the car wash entrance could be moved west and relocate the parking spaces. Mr. Ghaderi stated he could relocate parking to the south end of the building and increase-the landscaping and move the car wash entrance. Staff stated the Code would allow this. Commissioner Woodard asked if the trash enclosure could be moved to the northwest. Staff stated it could work. Commissioner Woodard asked if the canopy could have a roof structure to enhance it. Mr. Ghaderi stated a mansard would be possible to be similar to the ARCO roof structure. 9. Commissioner Gardner asked the hours of operation. Mr. Ghaderi stated 24- hours. PC-4-14288 12 Planning Commission Meeting April 28, 1998 10. Commissioner Kirk asked if the monument sign for pricing limits the sign program proposed. Staff stated this sign is to be consistent with the center' approved sign program which this project has been. Commissioner Kirk asked if the Conditions of Approval conflict with any of the center's Specific Plan conditions. Staff stated none. Commissioner Kirk stated the Conditions of Approval address concerns of the project and asked why the parking requirements couldn't be changed without affecting the specific plan, if it would mitigate.concerns of the project. City Attorney Dawn Honeywell stated only if you are requiring a higher level. A conditional use permit or site development permit cannot legally be used to change the specific plan requirements. Findings are necessary to make these changes. 11. Ms. Donna Jamigan, owner of the La Quinta Car Wash read her husband's letter into the record regarding their concerns of the project. In addition, her concern was raised that this permit had expired. Shouldn't the Commission take into consideration the developments that had been built since this permit had expired. A 12. Mr. Michael Shovlin, owner of the One Eleven La Quinta Shopping Center, stated he was here in support of the project and opposition to the Jamigan's letter of objection. Shell Oil has owned this property three to four years prior to Mr. Jamigan purchasing his site. When Mr. Jamigan purchased his site, it was known the Shell Oil station would be there with all its proposed uses. He also concurred with the Commission's recommendations regarding the reconfiguration of the circulation. 13. Mr. Steve Spratz, Shell Oil, stated they had worked diligently with staff to design this project and would take the Commission's suggestions and work out a plan with staff. The project is designed to service the customer on the go. It does not replace a full service car wash. 14. There being no other public comment, the public participation portion of the public heating was closed and open for Commission discussion. 15. Commissioner Gardner stated he did not see any reason for three car washes in one location, but he also did not see a need for so many fast food buildings along Highway 111. He did not believe this is the way Highway 111 should be designed. 16. Commissioner Abels stated he too did not see the necessity for three car washes, but has since realized there is a need for all three different types of PC-4-14288 13 Planning Commission Meeting April 28, 1998 car washes and would support the project. ! 7. Commissioner Woodard stated his anxiety was with the entrance to the site on Adams Street. If the Public Works Department had no problem with this, then he would accept staff's judgement. Senior Engineer Steve Speer stated they are not creating any life-threatening situation. It is a tight situation and the only alternative is to close off the Adams Street entrance. Commissioner Woodard asked why not close off the Adams Street entrance. Staff stated he would not make that recommendation as it is not a life threatening issue. Staff's concerns are for bodily safety. Commissioner Woodard stated he could not support this project based on these concerns. 18. There being no further discussion, it was moved and seconded by Commissioner Abels to adopt Planing Commission Resolution 98-022 approving Conditional Use Permit, subject to conditions. The motion died for lack of a second. 19. Commissioner Woodard asked staff to clarify what this resolution was approving. Staff stated it was approval of the site use. Discussion followed. 20. It was moved and seconded by Commissioners Kirk/Gardner to continue this project to allow the applicant time to work with staff on a revised site plan considering the Commission's concerns. 21. Mr. Shovlin stated his center was approved for this use. If the Commission's concerns could be made by staff to allow this development to go forward, then consideration was necessary. This project has been held off due to economic constraints and needs to move forward for the benefit of the entire center. 22. Commissioner Kirk stated he would be willing to withdraw his motion if the applicant would like to take the chance of this Commission approving their application as submitted. 23. Community Development Director Jerry Herman clarified, for the benefit of the applicant, that if the Commission denied this application, he had the right to appeal their decision to the City Council. Discussion followed as to alternatives for resolving the circulation problem. 24. Mr. Ghadri clarified the concerns of the Commission. He stated he could move the access five to seven feet to the west. Commissioner Woodard asked if the applicant would be willing to continue this project. Mr. Ghadri stated he would be willing to accept the continuance, but he could not see PC-4-14288 14 Planning Commission Meeting April 28, 1998 how he could make any other changes. 25. Commissioner Kirk stated he felt it was in the applicant's best interest to continue this item. ROLL CALL: AYES: Commissioners Gardner, Kirk Woodard and Chairman Butler. NOES: Commissioner Abels. ABSENT: Commissioners Seaton and Tyler. ABSTAIN: None. VI. BUSINESS ITEMS: A. Sign Permit 98-418; a request of DGI Signs for Simon Motors Automotive Dealership for approval of a planned sign program for Simon Motors. 1. Chairman Butler stated .the applicant had requested a continuance to the Planning Commission meeting of May 12, 1998. It was moved and seconded by Commissioners Abels/Kirk to continue Sign Permit 98-418 to the next Commission meeting. Unanimously approved. VII. CORRESPONDENCE AND WRITTEN MATERIAL: None. VIII. COMMISSIONERS ITEMS. None ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Abels/Gardner to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held on May 12, 1998, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 10:12 P.M. on April 28, 1998. PC-4-14288 15