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HomeMy WebLinkAbout04-06-2010 NAHPage 1 of 12 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES APRIL 6, 2010 CALL TO ORDER Chairman Flores called the regular meeting of the Lake Elsinore Planning Commission held on Tuesday, April 6, 2010 to order at 6:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Chairman Flores, Vice-Chairman Gonzales, Commissioner Mendoza, Commissioner O'Neal, Commissioner Zanelli ABSENT: None Also present: Director of Community Development Weiner, Acting City Attorney McClendon. Staff members present included: Senior Planner Harris, Redevelopment Agency Analyst Carlson, Planning Consultant Coury, Planning Consultant Donahoe, and Office Specialist Porche'. CALL TO ORDER (6:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Vice-Chairman Gonzales. ROLL CALL All Commission members were present. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Chairman Flores stated that there were four requests to speak regarding Public Hearing items. CONSENT CALENDAR (1) Approval of Planning Commission Minutes Recommendation: Approve the following Minute(s): 0 March 2, 2010 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 6, 2010 Page 2 of 12 MOTION was made by Commissioner Mendoza, seconded by Chairman Gonzales to approve March 2, 2010, Planning Commission Minutes. AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli. NOES: None. ABSENT: None. PUBLIC HEARING(S) (2) Conditional Use Permit No. 2009-11 Variance No. 2009-03 and Commercial Design Review No. 2009-07 to construct and operate a Walgreens Drugstore with an associated drive-up pharmacy window on Property located at the South East corner of Diamond Drive and Mission Trail. Recommendation: a. Adopt Resolution No. PC-2010- recommending that the City Council adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP); and, b. Adopt Resolution No. PC-2010-_ approving Conditional Use Permit No. 2009-11 for the operation of single-lane drive-up pharmacy window based on the Findings, Exhibits, and proposed Conditions of Approval. C. Adopt Resolution No, PC-2010-_ approving Variance No. 2009-03 allowing for relief of a variety of development standards including a minimum drive-thru lane vehicle stacking reduction, parking lot setback reduction, landscape buffer width reduction, landscape planter width reduction, above parapet sign allowance and a freestanding sign setback reduction, based on the Findings, Exhibits, and proposed Conditions of Approval. d. Adopt Resolution No. PC-2010-_ recommending that the City Council approve Commercial Design Review No. 2009-07 to construct a 13,678 square foot Walgreens drugstore along with associated onsite improvements, based on the Findings, Exhibits, and proposed Conditions of Approval. Director of Community Development Weiner provided an overview of the project and requested that Senior Planner Harris review it with the Commission and answer questions. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 6, 2010 Page 3 of 12 Senior Planner Harris provided an overview of the project to the Commission and indicated that the applicant was present. The applicant, David McDowell, gave his name and address. He indicated that the staff was very creative and helpful and stated that the building was a very unique building for Walgreens which showed their effort in trying to make this a gateway project into the Ballpark District. Joel Jennings of Poirier & Associates Architects, gave his name and address. He indicated that he would answer any questions that the Commission had. He also thanked Senior Planner Harris for his ingenuity and effort to facilitate the creativity of the project. Rick Morsch, resident of Tuscany Hills, Lake Elsinore, stated that he supported the project and said that the builders put a lot of effort into the design. He stated that his background is Civil Engineer and was aware of how difficult this site was to design. He requested that the Planning Division address various issues regarding the property line between Walgreens and State Farm, i.e. the roof drain collection, parking lot storm drain collection points, gas meter, air-conditioning condenser pipes, and Walgreen's monument sign that could be encroaching onto State Farm's easement. He said he spoke to the tenant at State Farm regarding these issues and he said they had not been contacted by Walgreens. Senior Planner Harris indicated that the Walgreens team did have discussions with the property owner of the State Farm building in terms of working out the lot line adjustment configuration. Chairman Flores inquired who the property owner was of the State Farm building. Mr. McDowell stated that the property owner of the State Farm building was Mr. Wolf and has been in contact with him. He indicated that Mr. Wolf was willing to cooperate with him regarding the lot line adjustment and Mr. McDowell addressed how the issues would be dealt with. Commissioner O'Neal stated that he spoke to Mr. Wolf and Mr. Wolf stated that the only discussion he had with Mr. McDowell was regarding the property line adjustment and indicated various issues, i.e. encroachment issues relating to the State Farm sign, all of the design elements, and the location of the driveway access. Mr. McDowell stated that he and Mr. Wolf did speak about the various issues, and indicated that all of the issues would be addressed. He indicated that he invited Mr. Wolf to attend the Planning Commission meeting, and was not sure why he did not attend if he had unresolved issues. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 6, 2010 Page 4 of 12 Donna Niehouse gave her name and address. She stated that she was the owner of State Farm Insurance and was in favor of the project, however, indicated she was at the Planning Commission meeting on behalf of Mr. Wolf who was out of town and addressed his concerns: • Concerned about the distance between the two buildings and noted that he requested at least three feet for maintenance purposes. • The drainage problem in the front of the parking lot. Chairman Flores indicated that regarding the drainage problem, a lot of businesses in the area have encountered drainage problems with every flood for the past twenty years but indicated that Walgreens Development was willing to assist the property owner with this issue. Mr. Jennings stated that the Civil Engineer was aware of the drainage from the adjacent property onto their site and would address this issue. Vice-Chairman Gonzales stated his concern regarding congestion in the parking lot with the drive-thru pharmacy traffic and deliveries. Vice-Chairman Gonzales asked Mr. McDowell who would be paying for the gas lines to be removed. Mr. McDowell indicated that this concern has been discussed with Mr. Wolf and the cost was minimal since it was on the exterior of the building and indicated that it would be taken care of. Commissioner Zanelli commented on the beautiful design and the need for a Walgreens at that location. Commissioner O'Neal also commented on the beautiful design of the building and the need for a Walgreens at that location. Commissioner O'Neal asked Senior Planner Harris about the Proposed General Plan's Policies. Senior Planner Harris indicated that he has not worked on the Proposed General Plan and was unable to answer the questions regarding the Policies. Commissioner Mendoza asked Mr. Morsch if he was a retired or active Civil Engineer and what the interest was in this particular project. Mr. Morsch stated that he was currently an active Civil Engineer and the La Strada project prompted his concern regarding new development coming into the City. He became vigilant regarding projects going to the Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 6, 2010 Page 5 of 12 Planning Commission and the City Council and after viewing the Walgreens project he wanted to address some of the problems that he saw. Commissioner Mendoza said that he appreciated Mr. Morsch's comments regarding the project. Commissioner Zanelli stated that if Mr. Wolf had any objections to the project, that he attends the City Council meeting when the project goes in front of City Council and speak at that time but hopefully both parties can work something out in the interim. Commissioner Mendoza asked Mr. McDowell if security cameras would be installed since the store would be open 24 hours. Mr. McDowell stated that the building was being entitled 24 hours but it depended on the volume of business and referred the details regarding the security cameras being installed to Mr. Jennings. Mr. Jennings stated that the project has provisions for exterior mounted security cameras on all accessible sides of the Walgreens building; in addition, he said he would be working with Walgreens to provide a high end finished material on the building that would deter graffiti. Commissioner Mendoza noted his concern with the cramped area around the drive-thru, and the importance of the adjustment of the delivery schedule due to traffic during stadium events. Mr. McDowell stated that deliveries were once a week and would not interfere with the stadium traffic. Commissioner Mendoza suggested that Mr. Wolf be contacted once the project goes to City Council. Commissioner Zanelli suggested to the Developer to extend the hours of construction to the weekends in order to speed up the completion process. Director Weiner stated that staff would relay the construction hour modifications of the project that the Commission requested to City Council for approval, based on Municipal Code Regulations. Chairman Flores asked Ms. Niehouse if she had a problem with the construction hours which also included weekends. Ms. Niehouse stated no. Chairman Flores asked Mr. McDowell if the Walgreens Corporation would be selling alcoholic beverages. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 6, 2010 Page 6 of 12 Mr. McDowell indicated that an Alcohol License was not included in the Business Application. Chairman Flores thanked Walgreens for coming into the City and noted the potential for that location. Passed and adopted the following Resolution: "Resolution No. 2010-11 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending that the City Council of the City of Lake Elsinore adopt findings that the project known as Walgreens Drugstore is consistent with the MSHCP." MOTION was made by Vice-Chairman Gonzales, seconded by Commissioner Zanelli and unanimously carried to adopt findings that the project is consistent with the MSHCP." AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli. NOES: None. ABSENT: None. "Resolution No. 2010-12 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Conditional Use Permit (CUP) No. 2009-11 for the establishment of a Walgreens Pharmacy Drive-thru Facility located at 31781 Mission Trail Road." MOTION was made by Commissioner Zanelli, seconded by Commissioner Mendoza and unanimously carried to approve Conditional Use Permit No. 2009-11 for the establishment of a Walgreens Pharmacy Drive-thru Facility located at 31781 Mission Trail Road. AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli. NOES: None. ABSENT: None. "Resolution No. 2010-13 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, approving Variance No. 2009-03 to vary from a variety of development standards in association with the construction of a Walgreens Pharmacy/Drugstore with drive-up window." Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 6, 2010 Page 7 of 12 MOTION was made by Commissioner O'Neal, seconded by Commissioner Zanelli and unanimously carried to approve Variance No. 2009-03 to vary from a variety of development standards in association with the construction of a Walgreens Pharmacy/Drugstore with drive-up window. AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli. NOES: None. ABSENT: None. "Resolution No. 2010-14 - A Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending to the City Council of the City of Lake Elsinore approval of Commercial Design Review No. 2009-07 for the Walgreens Drugstore Facility located at 31781 Mission Trail Road." MOTION was made by Commissioner Mendoza, seconded by Commissioner Zanelli and unanimously carried to recommend to the City Council of the City of Lake Elsinore approval of Commercial Design Review No. 2009-07 for the Walgreens Drugstore Facility located at 31781 Mission Trail Road." AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli. NOES: None. ABSENT: None. (3) Status Report and Review of Conditions for the Existing Lake Elsinore Motocross Facility Conditional Use Permit No. 2001-05 Recommendation: Staff recommends that the Planning Commission consider Status Report for the Conditions of Approval associated with Conditional Use Permit No. 2001-05 and direct staff as deemed appropriate. Director Weiner provided an overview of the project and requested that Senior Planner Harris review it with the Commission and answer questions. Senior Planner Harris provided a Status Report of Conditions for the existing Motocross Facility CUP No. 2001-05. Chairman Flores announced that the applicant would not be in attendance due to a family emergency. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 6, 2010 Page 8 of 12 Dave Hogan, Planning Director for the City of Wildomar, gave his name and address. He stated that some complaints had been received from the residents of the City of Wildomar regarding noise, dust, and lighting from the Motocross Facility. Chairman Flores asked Mr. Hogan if the City of Wildomar filed a letter to the City of Lake Elsinore regarding complaints made by the residents. Mr. Hogan stated no. Commissioner Zanelli noted to Senior Planner Harris that there is no lighting on the site. Senior Planner Harris stated that there is no lighting on the site at the current time. However, the facility operator is proposing lighting in association with his proposed CUP modification application. Vice-Chairman Gonzales stated that he read through all of the Conditions and asked if any money was owed to the City for any fees. Director Weiner stated that the Conditions of Approval required certain bonds and other cash deposits to be made and many of those funds were transferred over to cover the processing of the current CUP in order to assist the applicant and keep the project going, therefore, based on the Conditions under the existing CUP, there are some moneys that need to be deposited. Vice-Chairman Gonzales asked how much money needed to be deposited. Director Weiner estimated in the tens of thousands and reiterated that most of those moneys involved were deposits, not fees that must be paid. Vice-Chairman Gonzales wanted clarification from staff regarding non- compliance and violation of several Conditions. Director Weiner indicated that staff has been extremely flexible with the Motocross Facility; however, there are violations based on staffs inspection and requested direction from the Commission. Vice-Chairman Gonzales stated that non-compliance and violations of the existing Conditions should be taken care of before the CUP modifications are considered. There was discussion regarding the transfer of funds between Director Weiner and Chairman Flores and Director Weiner indicated that some funds were never deposited and some funds were deposited into bonds. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 6, 2010 Page 9 of 12 He did indicate that there was a major shift of funds of approximately $1,200 to $1,400 dollars which occurred approximately six to seven months ago. Commissioner Mendoza asked Director Weiner how long the Motocross site has been there. Director Weiner indicated over ten years Commissioner Mendoza asked Director Weiner if the modification to the existing CUP was still pending. Director Weiner stated that the CUP modifications were still pending, and indicated that staff received comments back from the distribution of the Environmental document for that project that the applicant as well as staff will be addressing in order to bring it back to the Commission. Commissioner Mendoza asked Director Weiner if Lucas Oil backed out permanently. Director Weiner stated yes they have Commissioner Mendoza stated that he had concerns regarding non- compliance of Condition No. 6 and Condition No. 32 and recommended that Mr. Hiner comply with the two Conditions in approximately sixty to ninety days. He stated that Mr. Hiner indicated that he was given a verbal approval which cannot be traced, and if it was not in writing he is out of compliance. He stated that the City could be liable and Mr. Hiner's other CUP to modify the current CUP should not go forward. Chairman Flores asked City Attorney McClendon to address these issues. City Attorney McClendon suggested that the Planning Commission give direction to staff to agendize specific actions for future consideration. Commissioner O'Neal stated his concern of deposit money going to processing fees, and asked why complaints made by residents regarding dust and dirt had not been addressed. Commissioner Zanelli agreed with all of the Commission's concerns and indicated that the money that was deposited should have been kept in the designated places. He also read a Press Release issued by Lucas Oil, stating that they would no longer be hosting Motocross races in the City of Lake Elsinore and transitioned to an alternative site in Southern, California, due to the Management of Lake Elsinore Motocross Park failing to meet their commitments. He requested that this item be brought back Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 6, 2010 Page 10 of 12 to the Commission for an open hearing regarding suspension, modification, revocation. Chairman Flores thanked staff for the status of the CUP and stated that the Commission was faced with a very big dilemma and concurred with the Commission regarding all of the issues discussed. Commissioner O'Neal suggested staff follow a precise agenda from this time forward to allow Mr. Hiner to comply with specified Conditions to be corrected. City Attorney McClendon suggested that the Planning Commission apprise Mr. Hiner that this is a phased approach and there could potentially be the prospect of a subsequent revocation hearing based upon his presentation. Commissioner Zanelli requested that Mr. Hiner go back to the Commission at the next meeting to discuss and respond to the issues. At that time, the Commission will decide whether to bring him back for a possible suspension if all requirements are not met. Commissioner Mendoza indicated that if Mr. Hiner cannot attend the next Planning Commission meeting that he designates someone that can make decisions on his behalf. The Commission agreed that Mr. Hiner needs to be at the next Planning Commission meeting with agendized Conditions of Approval and all Conditions need to be in compliance. Commissioner Zanelli stated that he spoke to Councilman Magee two years ago and indicated to him that he was a supporter of the Motocross and Motorsports Park but that his concern was the liability that would be placed upon the City if Mr. Hiner did not comply with the Conditions of Approval. He said that the City cannot hold Mr. Hiner to a different standard than any other person that has a CUP in the City. MOTION was made by Commissioner Zanelli, seconded by Vice-Chairman Gonzales and unanimously carried to bring forward to the April 20, 2010, Planning Commission, status regarding compliance of Conditions of Approval for the Lake Elsinore Motocross Facility Conditional Use Permit No. 2001-05 with the applicant in attendance or a representative of applicant in attendance. AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli. NOES: None. ABSENT: None. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 6, 2010 Page 11 of 12 BUSINESS ITEM(S) None. STAFF COMMENTS Pubic Works Director Seumalo provided the following information: • Grand Opening for the Rosetta Canyon Park is Saturday, April 10th, at 10:00 am and Public Works staff will be available at the presentation answering any questions regarding amenities. • Community meeting at Rosetta Canyon Park on April 7th, at 6:00 pm which will be hosted by the Public Safety Commission. Public Works staff will be in attendance. Public Works Director Seumalo, Senior Planner Harris, and Redevelopment Agency Analyst Carlson stated that it was a pleasure working with the Community Development Director. Office Specialist Porche' had no comments. Director Weiner stated that the April 6, 2010, Planning Commission meeting would be his last meeting working with the City. He also thanked Senior Planner Harris for his good work on the Walgreens project, and also commended Redevelopment Agency Analyst Carlson and Senior Planner Harris for their combined efforts to continue working on the Motocross project. Regarding his departure, he extended his respect for each and every Commissioner, and the amount of time and effort that each Commissioner put forth. CITY ATTORNEY COMMENTS None. PLANNING COMMISSION COMMENTS Vice-Chairman Gonzales stated to Director Weiner that he received the RCA Journal and asked him about open space designated area. Director Weiner indicated that as projects go forward, there are opportunities for areas to be designated as open space under the MSHCP Program. He indicated that the City wants to confirm that development occurs and is in compliance to allow for future development to continue. Commissioner Mendoza stated that he appreciated Director Weiner's hard work and the leadership that he has given to the Planning Staff. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of April 6, 2010 Page 12 of 12 Commissioner O'Neal appreciated Director Weiner's hard work. Commissioner Zanelli indicated that the City will be losing a wonderful employee, and a great Director. Chairman Flores indicated Director Weiner will be missed and wishes him luck in his new endeavors. ADJOURNMENT There being no further business to come before the Planning Commission Chairman Flores adjourned the meeting at 7:41 p.m. The next regular meeting of the Planning Commission of the City of Lake Elsinore is scheduled for Tuesday, April 20, 2010, at 6:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. Respectfully Submitted, 6 1 ~tfo~WYti T~7~ Kristine Herrington d Office Specialist Attest: zalkl~- Weine hemctor of Comm nity Development