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HomeMy WebLinkAboutPC Minutes 03-03-09CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting Tuesday, March 3, 2009 — 7:00 P.M. City Hall, Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER: 7:00 p.m. Chairperson Jack called the meeting to order at 7:00 p.m. and Commissioner Len Colamarino led the Pledge of Allegiance. ROLL CALL Present: Chairperson Jack, Vice Chairperson Moreno, Commissioners Bentz, Colamarino, Schmidt, Sturtevant and Ward Others Present: Recording Secretary Susanne Curtis Anshen Staff Present: Community Development Director Warren Frace, Deputy Public Works Director David Athey, and Senior Planner Kelly Gleason APPROVAL OF AGENDA MOTION: By Commissioner Ward and seconded by Vice Chairperson Moreno to approve the agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT: None. Chairperson Jack closed the Public Comment period. PC Minutes of 03/03/09 Page 1 of 8 PLANNING COMMISSION BUSINESS Commissioner Schmidt read the mission statement adopted by the Atascadero City Council and asked everyone to keep this mission in mind during our meetings. Chairperson Jack announced the next agenda will include discussion on the 2009 Planners' Institute as well as working on a schedule for the 2009 Training for the Commission. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 20, 2009. 2. PLN 2099-0878, APPROVAL OF TIME EXTENSION FOR TTM 2005-0076 AND CUP 2005-0170 FOR 4705-4713 EL CAMINO REAL (JRW GROUP, INC. - TREATCH / ACACIAS DEVELOPMENT) PUBLIC COMMENT: None. Chairperson Jack closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to approve the Consent Calendar. Motion passed 7:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS: None. PUBLIC HEARINGS 3. PLN 2008-1314 / ZONE CHANGE AND CONDITIONAL USE PERMIT AMENDMENT FOR DOVE CREEK PC Minutes of 03/03/09 Page 2 of 8 Property PMB Development Company, 765 Baywood Dr. #141, Petaluma, CA Owner: 94954 Applicants: Courtney Architects, 656 Santa Rosa St. #3A, San Luis Obispo, CA 93401 Project Title: PLN 2008-1314 / Zone Change and Conditional Use Permit Amendment Master Site Plan and PD -12 Zone Text Amendment for a proposed Tractor Supply Company store at the Dove Creek Commercial Center. Project Northwest corner of EI Camino Real & Santa Barbara Road Location: (existing vacant commercial pad) (San Luis Obispo County) APN 045-331-014 Project The project consists of an amendment to the existing Master Plan of Description: Development and PD -12. The Zone Change to the Planned Development -12 text will eliminate the "indoor only" restriction for farm equipment and supply sales, thus allowing a 19,100 square - foot Tractor Supply Company Store with 20,800 square -foot outdoor storage and sales area. The master site plan will be revised for the new building and outdoor use areas. General Plan Designation: MU (Mixed -Use) Zoning District: CR (Commercial Retail) / PD -12 Proposed Consistent with previously certified Mitigated Negative Declaration. Environmental Determination: DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Colamarino visited the site and spoke with two residents. • Commissioner Bentz stated he received three emails: one from Morgan and Jessie Terrell outlining their concerns with the Dove Creek development; one from William P. White, President of the Atascadero Professional Firefighters, indicating the Firefighters' support for the Tractor Supply Company; and one from the President of the Atascadero Police Officers Association. • Chairperson Jack stated he received the same three emails, visited the site on a couple occasions, and spoke in the past with one of the owners of the property. • Vice Chairperson Moreno stated she visited the site and received the emails, but had no direct correspondence with anyone. • Commissioner Schmidt stated he visited the site several times and received an email dated 2/5/09 from Sandy Henson along with the other three emails mentioned. He also stated he spoke with Kelly Gleason this morning. PC Minutes of 03/03/09 Page 3 of 8 Senior Planner Kelly Gleason gave the staff report. Senior Planner Kelly Gleason and Community Development Director Warren Frace answered questions of the Planning Commissioners. PUBLIC COMMENT: Tom Courtney, Courtney Architects of San Luis Obispo, stated he appreciated feedback from Homeowners Association and citizens and has attempted to accommodate everyone's concerns. Chris Diesta, Project Manager, presented an overview of the Dove Creek Commercial Project area. Chris Diesta and Tom Courtney (Courtney Architects), and Bob Rowland (PMD Development) answered questions of the Planning Commissioners. Tom Birkenfeld, Past President of the Atascadero Professional Firefighters, spoke in favor of the project as the sales tax revenue will benefit the City and would encourage commercial and retail development, which is in line with Atascadero's goals. Allen Bailey, a resident of Dove Creek, spoke against project stating although there is a need for tax revenue, there are many problems including traffic problems, delivery truck access, safety hazards, noise, and road maintenance issues. Allen Inbictor, a resident of Dove Creek, stated he purchased his unit because it was a Master Plan Development and he had been informed the commercial development would probably be a community center. Jeff Phillips, Vice President of the Dove Creek Homeowners Association, spoke against rezoning of the commercial retail development, but not against the commercial development. He stated the rezoning would cause property values to decline. Gary Henson, President of the Dove Creek Villas Homeowners Association, and Treasurer of the Dove Creek Homeowners Association, stated the design is well done; but when the homeowners purchased homes, they were not told of the possible zone change allowing this large retail store with outdoor sales area. Kevin Buffett, Atascadero Grain and Feed, stated Tractor Supply Company will negatively impact his business. Sandy Henson, Dove Creek resident, stated allowing outdoor sales is a huge departure from original design. She also stated her concern for the large trucks using the pull- through parking and the road will not allow large vehicles to turn into the project. Morgan Terrell spoke of concern about the unsafe traffic conditions and her understanding that the Air Pollution Control District must also receive a referral. Ms. Terrell offered a revised site plan to provide more of a buffer between the commercial PC Minutes of 03/03/09 Page 4 of 8 and residential areas and asked that the truck deliveries be held Monday through Friday, between 8 a.m. and 5 p.m. and store hours be limited to 8 a.m. to 6 p.m. Don Bullard spoke in favor of project, stating we do not want to drive off Tractor Supply Company. He stated the correct truck -turning radius needs to be addressed; and in 2016, the property would revert back to City, which could sell the property for a project that would not be as nearly as nice. Warren Miller spoke in favor of Tractor Supply Company, but expressed concern how Tractor Supply will fit into Dove Creek. He urged the Commission to take into account the residents' concerns. Keith Vreeken, President of Dove Creek Homeowners Association, spoke against the project, expressing concern the buildings are going to be below grade with only roof tops in view. He also stated the wrought iron fence will not hide the outdoor sales area, and his concern Dove Creek's insurance would not cover incidents on the road. Charles Park stated he wants to keep the commercial as it was promised when he purchased his home as he was induced to buy because the commercial would be inside retail, not outdoor sales. He is also concerned with the traffic and safety issues. Allen Inbictor stated there will be more revenue lost by the reduction of property values than gained by this single tenant. Gary Henson also expressed his concern for the negative impact on property values, stating items to be sold outside will impact the ability to draw the desirable retail to the center. Scott Hallett spoke on the negative impact on the community this zone change would have to future revenues to support infrastructure and public safety. Keith Vreeken, Dove Creek Homeowners Association President, stated by adding the outdoor storage, they have removed some parking, creating a difficult parking lot. Bob Rowland, PMD Development, thanked the Commission for hearing and commended staff and stated they have tried to resolve as many issues as they could and they have agreed to all conditions, including the road maintenance agreement. Chairperson Jack closed the Public Comment period. Senior Planner Kelly Gleason answered questions from the Planning Commissioners. Extensive discussion was held on how the storage area, the best way to screen the outdoor storage area, the turning radius for large trucks, restricting delivery times, and shielding the outdoor lighting. PC Minutes of 03/03/09 Page 5 of 8 PUBLIC COMMENT REOPENED: The Planning Commissioners asked Chris Diesta and Bob Rowland questions on the lighted signs, the road maintenance agreement, the drive-through parking area, and noise. Chairperson Jack closed the Public Comment period. Senior Planner Kelly Gleason answered questions of the Commissioners regarding the participation in the road maintenance agreement and the traffic study. Chairperson Jack recessed the meeting at 9:22 p.m. Chairperson Jack reconvened the meeting at 9:35 p.m. PUBLIC COMMENT REPOPENED: Chairperson Jack asked Mr. Rowland if the outside displays stay up at night. Mr. Rowland stated the items stored outside remain there until sold, but it is not stored above the fence line. Chairperson Jack closed the Public Comment period. Deputy Public Works Director David Athey answered questions of the Planning Commissioners regarding ingress and egress to the project, the road maintenance agreement, screening the outdoor storage area, delivery hours and lighting. MOTION: By Commissioner Bentz to: 1. Adopt Resolution PC 2009-0009 recommending that the City Council introduce an ordinance for first reading amending zoning code text for Planned Development #12 (Zone Change 2008-0151) to allow outdoor sales for farm equipment and supply establishments based on findings; and, 2. Adopt Resolution PC 2009-0010 recommending that the City Council adopt amendments to CUP 2003-0099 related to the Commercial Center Master Plan of Development, based on findings and subject to Conditions of Approval including the following: (a) Vine plants be considered on the trellis; (b) The wrought iron fence have more opaque screening; (c) The landscaping be planted with more mature plants; (d) The lighted TSC sign be turned off at night or muted; (e) Maintenance of landscaping be required in the CC&Rs. PC Minutes of 03/03/09 Page 6 of 8 DISCUSSION: Senior Planner Kelly Gleason asked for clarification that Commissioner Ward was referencing the lighted sign facing the residents will be turned off or muted after hours. Senior Planner Kelly Gleason stated the limited delivery times is not currently a condition, so this could be added now. She also clarified that rather than CC&Rs, they use deed notifications, and Commissioner Ward agreed. Vice Chairperson Moreno asked about conditioning the requirement Tractor Supply have a truck verify the turn radius. The Commissions felt this had already been included. Commissioner Schmidt commented that trucks often arrive early and idle while waiting to deliver, but we probably cannot control this issue. Community Development Director Warren Frace stated if the Commission limited the delivery times, it would be clear, and reports of nuisances can be addressed with the tenant. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Moreno to: 1. Adopt Resolution PC 2009-0009 recommending that the City Council introduce an ordinance for first reading amending zoning code text for Planned Development #12 (Zone Change 2008-0151) to allow outdoor sales for farm equipment and supply establishments based on findings; and, 2. Adopt Resolution PC 2009-0010 recommending that the City Council adopt amendments to CUP 2003-0099 related to the Commercial Center Master Plan of Development, based on findings and subject to Conditions of Approval including the following: (a) Vine plants be considered on the trellis; (b) The wrought iron fence have more opaque screening; (c) The landscaping be planted with more mature plants; (d) The lighted TSC sign facing the residents be turned off at night or muted; (e) Maintenance of landscaping be required in the deed notification; and (f) Limit delivery times to the hours to 8 a.m. to 5 p.m. Monday through Friday. Motion passed 7:0 by a roll -call vote. PC Minutes of 03/03/09 Page 7 of 8 COMMISSIONER COMMENTS AND REPORTS Commission Schmidt asked staff if the Storm Water Management Plan for Atascadero requires that pre -construction analysis for drainage studies to use native soil and vegetation. Deputy Public Works Director David Athey stated City staff has recommended we go with predevelopment which is what exists on the site prior to the applicant submitting plans. Commissioner Schmidt asked if the dead trees near Paloma Park could be replaced under the Tree Mitigation Program. Community Development Director Warren Frace stated currently we have a native replanting program, and he will check with the Public Works Department. DIRECTOR'S REPORT Community Development Director Warren Frace gave the following Director's Report: • The next Planning Commission meeting is March 17th and there is a tree removal and amendment to an older Use Permit for a church. • The following week is the Planning Commissioner Training in Anaheim and this will be a discussion item on the next agenda. • Mr. Frace stated if there are ever any questions about the staff reports or the projects beforehand, to feel free to email him or staff. ADJOURNMENT: 10:16 p.m. The meeting was adjourned at 10:16 p.m. to the next regular meeting of the Planning Commission is scheduled for March 17, 2009, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. Susanne Anshen, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 09\PC Draft Minutes 03 03 09 (revised).doc PC Minutes of 03/03/09 Page 8 of 8