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HomeMy WebLinkAbout02/05/2003CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES FEBRUARY 5, 2003 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Karen Edgeton at 7:00 p.m. Members Present: Karen Edgeton, David Schindler, James Hadley, Jeannine Churchill & Tim Burke. Commissioner Melander arrived at 7:04 p.m. Members Absent: None. Staff Present: Community Development Director Richard Kelley, City Planner Tom Lovelace, City Attorney Sharon Hills, Assistant Planner Kathy Bodmer, and Assistant City Engineer Jacob Fick. 2. APPROVAL OF AGENDA Edgeton asked if there were any changes to the Agenda. There being none, she called for its approval. MOTION: Burke moved, seconded by Churchill, to approve the Agenda. The motion carried 5-0. 3. APPROVAL OF MINUTES OF JANUARY 15, 2003 Edgeton asked if there were any changes to the minutes. There being none, she called for their approval. MOTION: Churchill moved, seconded by Hadley, to approve the minutes. The motion carved 5-0. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS None. 6. LAND USE/ACTION ITEMS A. Hillcrest Acres Lot 1 and 2, Retail Site PlanBuilding Permit Authorization City Planner Tom Lovelace presented the request from New World Enterprises, Ltd., for site plan building permit authorization, to allow for the construction of a 11,457 sq. ft. (61.5 ft. X 190 ft.) retail building on a 2.47 acre site. Lovelace reported that since the building will straddle the two existing lots, it will be necessary to combine them to create one lot of record prior to any construction. The plan identifies 109 surface parking spaces, which exceeds the minimum required number of 65 parking spaces. Four handicapped parking spaces are shown on the plan. Lovelace informed the applicant that five handicapped parking spaces are required. The Planning Commission informed staff that the formula used to calculate parking should be reviewed again to consider such factors as the popularity of the restaurant, whether or not there is an outdoor patio area, etc. Lovelace stated that access to the site would be via two driveways off a private internal street located directly adjacent to the south of the site. There will be no direct access off County Road 42 or Foliage Avenue. An outdoor patio adjacent to the northwest corner of the building is indicated on the site plan. Lovelace informed the applicant that decorative fencing should be installed around its perimeter. The submitted plans do not identify the location of any of the building's mechanical systems. These systems need to be identified on the site plan and need to be properly screened in accordance with city code. The City's Natural Resources Coordinator has reviewed the landscape plan.. His recommendations are included in the report to the Commission. The City's Engineer has also reviewed and made recommendations to the site plan. The submitted plan does not indicate any pedestrian connections from the sidewalk along the south side of the site to the building. Lovelace stated the applicant should make two connections located adjacent to the driveway entrances. In addition, the parking lot islands located at either side of the entrances and along the east and west side of the building should be reduced from 20 feet to 15 feet, which would eliminate jumping the island curbs and make accessibility to the adjacent parking spaces less awkward. Lovelace recommended that landscaping be installed in the islands located adjacent to the south side of the building. Lovelace recommended approval of the project with the conditions outlined in his report to the Commission. MOTION: Commissioner Churchill moved, seconded by Hadley, to approve the site plan building permit authorization to allow for construction of a 11,457 sq. ft. retail building on Lots 1 and 2, Block 1, Hillcrest Acres, subject to the following conditions: • Lots 1 and 2 shall be combined into one lot prior to the issuance of a building permit. • A six-foot sidewalk shall be constructed along the east side of the property, from the pathway along the south. side of County Road #42 to the sidewalk along the north side of the Hillcrest Acres east/west private drive. • Revisions shall be made to the landscape plan according to the Natural Resource Coordinator's memo dated January 30, 2003. • Revisions shall be made to the storm sewer layout according to the City Engineer's memo dated January 31, 2003. • Decorative fencing shall be installed around the perimeter of any outdoor patio area. • A pedestrian connection shall be made from the sidewalk along the south side of the property to the building as per staff's recommendation. • The parking lot islands located at either side of the entrances and along the east and west side of the building shall be reduced from 20 feet to 15 feet and landscaping shall be installed in the parking lot islands located adjacent to the south of the building. The motion carved 6-0. B. Christ Church -Interim Use Permit to Allow for Placement of a Temporary Office Trailer Withdrawn at the request of the Petitioner. 7. DISCUSSION ITEMS A. Sketch Plan for Knottywoods 3rd Addition Kathy Bodmer, Assistant Planner, presented the sketch plan review of a proposed revision to the Knottywoods 3rd Addition plat. The petitioner, Gerald Wageman, of 7L Wageman Homes, is considering purchasing property east of the subj ect parcel so that Lot 1 would meet the requirements of the zoning district. Bodmer informed the Commission that no official action is required. The petitioner is seeking feedback regarding the project before the additional land is obtained. Bodmer stated that in October of 2002, Wageman requested rezoning, preliminary plat to subdivide one parcel into two lots, a variance to create a waterfront lot of 18,725 sq. ft, from the required minimum of 20,000 sq. ft., and a variance from the required 75 feet building setback from the Oridinary High Water (OHW) level to reconstruct a garage 40.5 feet from the OHW on Lot 1. The Planning Commission failed to recommend approval of the proposed development, and as a result, the petitioner withdrew his application before it was considered by the City Council. Since the meeting in October of 2002, Wageman met with the property owners immediately east of the subj ect parcel and discussed purchasing the portion of the property between his lot and Pilot Pond. Wageman has indicated the land area of the portion of the unplatted property above the pond is approximately 1,400 sq. ft. If this property were incorporated into the plat of Knottywoods 3ra Addition, a variance would not be needed for the lot area of Lot 1. Bodmer stated the City has discretion to decide whether a requested zoning amendment is consistent with the comprehensive plan, neighboring land uses, and goals of the community. While the City cannot be arbitrary and capricious, it is not compelled to approve a rezoning request simply because a petitioner meets the minimum requirements of the zoning district. On the other hand, the City must evaluate the costs and benefits of the proposed development. In addition, redevelopment of substandard properties often requires some degree of flexibility. Some of the benefits to the City include removal of the driveway off of Pilot Knob Road and away from Pilot Pond, restoration of the shoreline, relocation of the detached garage farther away from Pilot Pond, extension of City water and sewer further along Embry Way, and the platting of unplattted property along Pilot Knob Road. Commissioner Churchill questioned where the water and sewer presently goes to serve this neighborhood. Bodmer responded that part of it goes to the Whispering Ponds development. Bodmer stated that the present home on the property has existing City water and sewer and is stubbed for redevelopment. Commissioners Churchill and Edgeton like the idea of getting the driveway off of Pilot Knob Road. They both agree that the extension of City water and sewer along Embry Way are also a benefit for the City. Commissioner Melander questioned why the lot is presently substandard. Bodmer explained that the lot was established before the City's shoreland overlay district requirements. Commissioner Schindler indicated that he is concerned about flooding for other residences in the area. While he is not in favor of increasing the number of lots in the area, he does see some benefits to the City with decreasing the amount of impervious surface area on this lot. Chair Edgeton feels the proposal takes care of the technicalities of the lot and that while it may appeaz there has been flooding in the area, water levels do not remain constant on shoreline properties. Property owners should expect a change in the water levels from time to time. Commissioner Burke feels the proposal is a good decision. Commissioner Melander is not in favor of the project even if the Glewwes property is replatted. Bodmer indicated that when the Knottywoods 3`d Addition project was reviewed in October, one of the conditions was to limit the impervious surface to 3,000 sq. ft. or less on the newly created lot. Commissioner Hadley asked if this would hold true in the future if an owner wanted to put an additional deck, storage unit, etc., on the property. The Commission asked staff and City Attorney Sharon Hills to see if it would be possible to place a condition on the approval of the project that would limit the amount of impervious surface. Chair Edgeton stated that would have an impact on her decision to move forwazd with this project. B. Accessory Unit Dwelling (AUD) Discussion of Draft Ordinance Amendments and Set Public Hearing Assistant Planner Kathy Bodmer presented a working draft of an Accessory Unit Dwelling (AUD) ordinance as requested by the Planning Commission at their January 15~' meeting. This request was in response to a sketch plan that proposed construction of an addition on to an existing home for amother-in-law type of dwelling. The code currently does not have a provision for an AUD. The Commission indicated support for amending the code to allow construction of an accessory dwelling unit with a conditional use permit. The Commission complimented Bodmer on putting together the draft ordinance. Chair Edgeton likes the idea that it is based on a conditional use permit. Attorney Sharon Hills reiterated to the Commission that the ordinance is not limited to related family but also non-related persons MOTION: Commissioner Melander moved, seconded by Burke, to set a public hearing to consider an amendment to the zoning code to allow accessory unit dwellings in single family homes by conditional use permit and direct staff to publish the Notice of Public Hearing in the official newspaper. The motion carried 6-0. 8. ADJOURNMENT MOTION: Commissioner Burke moved, seconded by Melander, to adjourn the meeting at 8:06 p.m. The motion carried 6-0.