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HomeMy WebLinkAbout08/19/1998CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES August 19, 1998 1. CALL TO ORDER The City of Apple Valley Plannin~P Commission meeting was called to order by Chair Edgeton at 7:00 p.m. Members Present: Diane Nagler, Karen Edgeton, Frank Blundetto, Tim Burke, Tom Melander. Members Absent: Jce McNamara, Lou Clark. Staff Present: Rick Kelley, Kathy Bodmer, Tom Lovelace, Consulting Engineer Keith Gordon, City Attorney Bob Bauer. Others Present: See sign-in sheet. 2. APPROVAL OF AGENDA Bhmdetto asked to add 7B, Golf Outing. MOTION: Nagler moved, seconded by Blundetto, to approve the agenda as amended. The motion cazried ~ - 0. 3. APPROVAL OF AUGUST 5, 1998 MINUTES MOTION: Burke moved, seconded by Nagler, to approve the minutes. The motion carried 4-0-1 abstention (Blundetto). 4. CONSENT ITEMS A. Variance at 13525 Elkwood Drive MOTION: Burke moved, seconded by Nagler, to approve the variuice request in accordance with the staff report. Motion carried 5-0. 5. PUBLIC HEARINGS A. Palomino East Apartments Chair Edgeton opened the public heazing with the standard remazks. Assistant Planner Tom Lovelace presented an overview of the proposal. hn response to Commissioner questions, he noted the distances between the building acid the property lines at various points. He clarified that solid brick is proposed, and that artificial siding would include aluminurn or vinyl siding. Mike Podawiltz, representing the owner, stated their willingness to add surface parking spaces and a play area, if directed by the Planning Commission. He said the owner would also be willing to put on cedar siding, but prefers the no-mairtenance artificial sidung. He went on to say they have made adjustments to eliminate the need for a height variance, and that they would like to develop the property this fall for occupancy ne~~t spring. Chuck Habiger with HKS Associates, also representing the petitioner, contrasted the proposal of 9 years ago with today s proposal. He said the current proposal allows the building to blend in better with Planning Commission Minutes August 19,1998 Page 2 the surrounding azea by utilizing more native landscape materials. There were no laws to protect wetlands 9 years ago. Today's plans maximize underground pazking, and the petitioner is seeking a variance for less surface parking. Habiger displayed a colored renderhig of the budding elevations. Lovelace reviewed the issues and changes agreed to by the petitioner in response to neighborhood concerns expressed at a neighborhood meeting initiated by the petitioner. He stated he would like to see more detailed elevation plans. Blmidetto asked about traffic nnpacts. Lovelace conveyed estimated traffic counts based on 1TE data. He will verify that trash removal and large vehicle movement is factored in those estimates. Nagler asked Lovelace to give a history of the zoning on the project, which he did. Burke asked about location of dumpsters, and Blundetto and Edgeton asked if the project affects the goals set according to the Livable Communities Act and affordable housing. Kelly responded that it would help the city's rental numbers and housing mix, but flat it would probably not add affordable housing units. Habiger added that the trash containers will be located in the underground parking lot and wheeled out for collection. Edgeton asked for comments from the public. Richazd Koontz said he was representing the neighborhood, and that there were about 40 items of concern, many which could be addressed by design changes. Robin St. Ana of 346 Cimarron Road described what he fcels is an existing hazardous traffic situation to children ixr the area, noting a walking child had recently been lit by a vehicle while trying to cross Palomino Drive. He said he felt this project would produce a major traffic problem in the area. He also pointed out the fact that there is no access to Palomino from Cedar for northbound vehicles. Edgeton requested the city's traffic consultant be asked to review this proposal for impacts. She and Blundetto also asked for usage records azid proposed expansion plans from the MVT'A in regard to the Pazk'n Ride located nearby. Richard Koontz showed diagrams depicting the buildable portions (based on setbacks) of each of the three lots to be combined by this proposal. He said the stonn water retention plan was designed to drop water to the back of the apartment building onto adjoining property. He went onto say the assumptions in the calculations did not include muifall hrto the ponds and wetlands themselves, so a lazger NURP would be needed. He also noted there was an easement dedicated for a bridal path, wlch would be covered if the plan is constrncted as proposed, Lovelace stated the easement is not proposed for use as a path or drainage at this thee. Koontz said the sewer constmction should be part of the developer costs. He wncluded, after measuring elevations, that about half of the underground parking would be above gromid. Other concerns included a 57-foot tall budding only 40 feet from the property line; a large area would be clear cut and no natural vegetation would be preserved. He urged that the building be put at grade. Koontz went on to say that Outlot 6 was restricted to single family homes by covenants as part of the Palomino Hills commmity, and that members of the commmity plan to sue under the covenants. He submitted for the record a letter from City Attorney Jim Sheldon to City Administrator John Gretz containing an attorney's opinion that the life of the covenants is 40 yeazs. Tony Borgnan of 373 Cimarron Road read a statement regazduig wetlands. He said significant draurage now occurs behnid the proposed building, in addition to the drainage pond next to Cedaz. He went on to say that runoff from the pazking lot will be wntaminated with oil and other materials, and Planning Commission Minutes August 19, 1998 Page 3 then go into the wetland. He concluded by saying that if drainage occurs as they say, he will have a pool in his back yard Koontz asked for time to do a study of the situation. Edgeton asked that the city attorney address the restrictive covenants situation at the next meeting, and that Lovelace provide the calculations of units per acre. Bob Lehmann of 135 Surrey Trail South submitted a petition. He read a letter from a fiiend of the child who was hit by a car, azid submitted documents both for the record. Diane Wiggen of 140 Shasta Court referred to a speed monitoring report from the Apple Valley Police Deparhnent. Of 185 vehicles tracked between 5 and 6 PM on Palomino Drive at Beaumont Court, 85% exceeded the speed unit. Ann Stone of 31 ~ Cimarron Road expressed concern that her bamer of 50-b0 oak trees in her back yard could be lost if drainage patterns change, and that drainage ponds themselves pose a safety risk to children. She ended by saying that people from the bus depot park along Pennock north of Palomino where the proposed building will be. She asked how they protect themselves if the drainage does change or has changed. Carl Ireland of 148 Shasta Court said oak trees are most susceptible to drainage changes. He also stated that sometimes the buses stop and cars stack up on Palomino Drive. Huel Scherer of 100 Cimarron Court said it was a poor location for high density from the standpoint of busnesses and fire protection --that it would make sense to locate aparC<xnents so they can patronize Apple Valley businesses, and that smaller multiple buildings were better for fire protection. He also stated that a loop water main system had been recommended by city staff, and wanted to know if that was now part of the project. Edgeton asked for the fire marshall's review of the project, including what a loop system is. Tom Meehan of 12128 Grandview Terrace expressed concern about the project's effect of property values. Glen Galles, o~c~ner of the property immediately to the west of the project, said his property would have been developed for six single family lots except that the city requires an easemenrt across the property in question for storm sewer, and the owner of that property would not give him an easement. Galles went on to say from his property you will see a 30-50 foot wall with balconies occupied by persons who can see right hi the back yards of the single family lots. He stated the city should require a complete wall of poplar trees or somethixng like that to put a visual barrier between the wall and the property line. Finally he said the Planning Conunission might have an opporhunity to explore whether or not it's feasible for a park and if funds are available to develop one on his property. Denise C of 326 Cimarron Road asked the developer what constitutes a luxury apartment since there is no pool, no community room, and one elevator. Ron Elk of 191 Cimazron said replacement trees are not as lazge as those existing, and that this project will look out ofplace. Milo Radotich of 340 Cimarron wondered about the hnpact on the school system since more of Pennock has been added to Echo Park School, and the buses now are full. Planning Commission Minutes August 19,1998 Page 4 Staff was asked to get any school district projections. Robin St. Ana asked about sidewalks and what a lift station is. He said he didn't feel residents should pay for that. Edgeton asked staff for a review of assessment and development costs at the next meeting. Ann Stone said she read there would be another apartment buulding built on the east side of Cedar and wants that to be considered in any traffic study. Diazre Kouba of 202 Cimarron said she understood there was a corrunon drainage system underneath Cedar, and wanted to know the impact of this development of the system. The public hearing was closed at 9:02 p.m. azid a recess called. The meeting reconvened at 9:10 p.m. 6. LAND USE/ACTION ITEMS A. Amendment to Planned Development to Allow Car Wash and Highstone Car Wash Site Plan/Building Permit Authorization Community Development Director Rick Kelley introduced the item. Nagler expressed concern about the city's ability to regiilate the noise if the 24-hour car wash operation becomes a nuisance. David Darrell, architect for the project, made hhnself available for questions. He said the owner is m=illing to put an additional 15 feet of green space on the Galaxie Avenue side where pavement is now shown. MOTION: Burke moved, seconded by Melander, to recommend approval of an amendment to Plazmed Development No. 409 to include car wash facilities as a pernitted use in accordance with the draft ordinance ii the staff report. Motion carried 5-0. MOTION: Burke moved, seconded by Melander, to recommend approval of the site plan/building pernit authorization. for the Anderson Car Wash/L,ube Facility, subject to a revision to meet the 20' parking setback along Galaxie Avenue and the addition of a 3' high berm along 145th Street with appropriate setback to driveway intersections. Motion carried 5-0. B. Pinecrest 3rd - Rezoning to Planned Development No. 315 and Preliminary Plat for 4 Small Lot Detached Single Family Dwellings Assistant Planner Kathy Bodmer introduced the item and distributed revised plans to the Planning Commission, whch included a modified grading plan and modified building pad on the easternmost lot. She then gave a listory of Eveleth Path. Consulting Engiicer Keith Gordon described the proposed ea'tension of Eveleth Path and the reasons for recommending it. A cul-de-sac would be 25 feet higher on one side than the other and not practical. The proposed road would be at about a 5% grade. An outlet from the wetland would be instatled for volume control and the pond would be enlarged, both which should water levels for the lots nearby. Soils are typical ofthat area. Pastor Bruce Harrington represented the petitioner. Planning Commission NTmutes August 19, 1998 Page 5 There was a lengthy discussion of traffic volumes into the church pazking lot and on-street pazkhig by persons attending Shepherd of the Valley Lutheran Church. Ideas included restricting parking on public streets. Bev Hermes of 12617 Fairgrcen clarified the pictures hcluded in the staff report were taken over a period of two years, excluding Christmas and Easter. Edgeton asked if the city was able to tie in additional pazking with this request. Bodmer said she would be hesitant to do that since the church addition was approved back in 1994, and those considerations were reviewed at that time. Other ideas in the pazkhrg/trafHc discussion included making Eveleth Path a 2-way street, dead- ending Fairgreen Avenue John Spencer of 12612 Eveleth Path. said it sounded like the city cared about the road and the church and not the community on Eveleth. Rob Mills of 12720 Eveleth Path wanted to know how the middle school across the street got 2-way access off of County Road 38. MOTION: Blrmdetto moved, seconded by Nagler, to table the item until next meeting to explore options for the parking and traffic situations. Motion carried 5-0. 7. OTHER BUSINESS A. Sketch Plan Review - C.R. #46 and Johnny Cake Ridge Road by Fischer/McNamara for Sand and Gravel Mining and. End Use Concept Plan Kelley introduced the item. Nagler asked how this item could be considered since the Comprehensive Plan specifies that new mining operations needed to be applied for by 1995. Kelley explained that the urtent of that was to try to have development occur in a conternporaueous fashion, and that there is provision for additional mining if it can be proven that its completion coincide with the development of adjoining pazcels. There was discussion whether or not. the intent to mine the parcel had bcen made through various actions, including a partial application submitted in 1994 and the hichision of the subject land in the Sand and Gravel Environmental Impact Statement. Anthony Gleekel, representing Fischer Sand & Aggregate, said Fischer has been consistent in their intent to mine the property in question. Kristen Rojina of Snide Engineering, also representing Fischer, showed data, based on aerial photos, which depicted a net decrease in acres utilized for sand and gravel mining in Apple Valley. She also showed the proposed boundaries of mining on the site. Blundetto asked for h~formation about the 25-acre cell requirements under Fischer's current conditional use permit. Rojina said she would have to check on that. Nagler expressed her preference for a wider pathway to include green space. B. Golf Outing Blundetto will check on arrangements for golfing on a Friday monnng, September 18 or 25. Planning Commission Minutes August 19, 1998 Page 6 8. ADJOURNMENT MOTION: Blundetto moved, seconded by Melander, to adjourn the meeting. Motion carried 5-0. The meeting was adjourned at 11:22 p.m.