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HomeMy WebLinkAbout02/19/2003CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES FEBRUARY 19, 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, Dauid Schindler, James Hadley, Jeannine Churchill, Tom Melander, and Alan Duff Members Absent: Tim Burke Staff Present: City Planner Tom Lovelace, City Attorney Sharon Hills, Assistant Planner Kathy Bodmer, Assistant Planner Maggie Milton Dykes, 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: Melander moved, seconded by Churchill, to approve the Agenda. The motion carried 6-0. 3. APPROVAL OF MINUTES OF FEBRUARY 5, 2003 Edgeton asked if there were any changes to the minutes. There being none, she called for their approval. MOTION: Hadley moved, seconded by Churchill, to approve the minutes. The motion carried 6-0. After approval of the minutes, Chair Edgeton welcomed our newest Planning Commission member Alan Duff. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS A. Leonardo's Take & Bake Pizza Conditional Use Permit to allow Class II Restaurant (Take Out/Pizza by the Slice Restaurant Chair Edgeton opened the public hearing with the standard remarks. Assistant Planner Margaret Milton Dykes presented the request from Leonardo's Take & Bake Pizza for a conditional use permit for a Class II restaurant in the Wal-Mart multi-tenant retail building located at 7875 - 150`h Street. Dykes stated that Class II restaurants are carryout and delivery restaurants, and fast food restaurants, including those with drive-thms. Leonardo's Take & Bake Pizza generally does not bake pizzas on-site but would like to serve pizza-by-the-slice during lunch hours. They have no plans to construct adrive-thru window. Dykes reported that the City's zoning code states that Class II restaurants maybe located no closer than 500 feet to the right-of--way line of a principal arterial (County Road 42), unless the restaurant's hours of operation are limited to 10:00 a.m. to 11:00 p.m. daily, and the restaurant does not serve foods that requires the installation of a Type I ventilation hood which removes grease and smoke. The applicant must meet those requirements because the restaurant will be located approximately 100 feet from the south property line (adjacent to County Road #42). The applicant has indicated that the restaurant would be open from 11:00 to 9:00 p.m. daily and would like to serve pizza by the slice during lunchtime, which is between 11:00 a.m. and 2:00 p.m. There would be no seating in the 1,100 sq. ft. restaurant. Dykes reported that a review of the original building plans included a traffic study that analyzed the potential impact of a Class II restaurant and found there would be no adverse impact on the existing street system and adjacent residential neighborhood. The City's traffic engineer also determined that a carryout restaurant would have no significant impact on surrounding traffic patterns. Chair Edgeton asked about the potential for outdoor seating. Edgeton commented that since the restaurant is serving pizza-by-the-slice during the lunchtime, outdoor seating might be an issue in the future. Dykes reported that if this is a concern of the Commission, the Commission should add this as part of their conditions for approval. Commissioner Hadley asked if there were any wall seating proposed. Dykes stated there is no wall seating. Commissioner Churchill asked if the applicant would be selling beverages. John Osterberg, the applicant, addressed the Commission and stated that they plan to sell only bottled beverages. There would not be a soda fountain. Osterberg also informed the 2 Commission that the Pizza-by-the-slice served during lunch is primarily to allow customers to try their pizza without buying a whole pizza and that 90% of their business would be from the take-and-bake pizza sales. Chair Edgeton asked if there were any comments from the public or additional comments from the Commission. No comments were received. Dykes stated it is the policy of the Planning Commission not to act on an item the same night as its public hearing. However, since the public and the Commission had no adverse comments and the conditional use permit meets the requirements of City zoning, staff is recommending approval of the project with the conditions listed in her report to the Commission. Chair Edgeton closed the public hearing with the standard remarks. MOTION: Commissioner Hadley moved, seconded by Melander, to approve a conditional use permit for a Class II carry-out restaurant with the following conditions: • The conditional use permit shall apply only to the tenant space that will be occupied by Leonardo's Take & Bake Pizza as indicated on the submitted site plan received in City offices February 3, 2003. • There shall be no dive-thru in conjunction with the subject Class II restaurant. • The hours of operation shall be limited to 10:00 a.m. to 11:00 p.m. daily. • The subject Class II restaurant shall not serve foods that require the installation of a Type I ventilation hood. • Leonardo's Take & Bake Pizza shall adhere to all applicable City codes. • No outdoor seating shall be allowed. The motion carried 6-0. 6. LAND USE/ACTION ITEMS A. Holm Rear Yard Setback Variance Margaret Milton Dykes, Assistant Planner, presented the request from Raymond Holm for a variance to reduce the rear yard setback from the required 30 feet to 25 feet for the construction of a back porch. Dykes reported the Holm property is located at 7243 144a' Court and is zoned R-3 (single family residential with a minimum lot size of 11,000 sq. ft.), which requires a rear yard setback of 30 feet. The existing home is approximately 35 feet from the rear property line. The applicant wishes construct a 12'x22' porch in the back of the house. Approximately 30 sq. ft. of the back porch will encroach into the rear setback area, which will be setback 25 feet from the rear property line. Dykes reported the home is approximately 90 feet from the neighbor to the northeast and if the back porch is constructed, the home will be approximately 80 feet from the neighbor. The porch does not appear to adversely affect the surrounding neighbors and, in addition, both neighbors to the northeast and east submitted letters stating they do not oppose the variance request. Dykes reported though the variance request does not meet the special conditions required to grant a variance, staff feel it is consistent with the goals of the 2020 Comprehensive Plan and it will not adversely impact adjacent property and are, therefore, recommending approval. Commissioner Melander stated that, in his opinion, the odd shape of the lot creates a hardship and is in favor of the variance. MOTION: Commissioner Melander moved, seconded by Schindler, to approve a variance to encroach into the rear yard setback approximately 10 feet for the construction of a back porch at 7243 144th Court, as shown on the submitted plan dated February 1Q, 2003, because the existing house is angled in a manner that limits future expansion of the house. The motion passed 6-0. 7. OTHER BUSINESS A. Dahle Oaks Sketch Plan for 20 Unit Townhouse Development Assistant Planner Kathy Bodmer presented the sketch plan review of a 20 unit townhouse development referred to as Dahle Oaks, proposed by Dahle Bros. Bodmer reported the Planning Commission reviewed the first sketch plan for the Dahle Oaks townhouse project on December 18, 2002. Since that time the developer has prepared plans which have been submitted for a public hearing on March 5, 2003. The purpose of this sketch plan is to allow Commission one more review of the plans before the public hearing at the next meeting. Chair Edgeton asked if the sketch plan was any different from the sketch plan that was presented at the December 18th meeting. Bodmer replied that the only difference is the tree inventory has been added to this plan. Bodmer reported the Planning Commission had expressed concerns with the first sketch plan that was submitted. Some of the major issues were the amount of significant tree loss on the site, the amount of impervious surface area that would be created, the proposed density, and measures to protect the water quality of Pond 213-P. Bodmer stated that the applicant has addressed those issues in his new sketch plan. Bodmer stated the sketch plan indicates that the total caliper inches of significant trees on the site are 5,212 inches. Of that, 3,485 inches (66.9%) are proposed to be removed. The City's goal has been to try to preserve 50% of the significant trees on a particular site. With this plan, 33.4% would be saved. Commissioner Hadley reiterated that the Commission would like to see 50% of the trees saved on this site. Chair Edgeton is still concerned about density. She and other members of the Commission would like to see a plan for less density and more trees saved. Commissioner Schindler raised the issue of tree loss and the impact on the pond. Bodmer pointed out that 50% of trees saved is a goal of the City, not an ordinance. Commissioner Churchill stated that given the tree density, saving 50% of the existing trees might not be a reasonable expectation for this project. Chair Edgeton stated that she would like to see comments from the Department of Natural Resources about the effects on Pond-213P if development were to take place. As stated in the previous sketch plan that was presented in December, Bodmer pointed out that one of the advantages to developing this site would be acost-effective way to connect to City sewer services. Commissioner Melander stated that he would like the City to find economic, cost effective ways to delivery City services. MOTION: Commissioner Melander moved, seconded by Churchill, to direct staff to investigate how landowners who have septic systems can be assisted by the City to connect to City services without it being a financial burden. Motion passed 6-0. Bodmer stated that she would also investigate whether or not County funds might be available to assist residents who want to receive City services. Commissioner Churchill stated that she is not in favor of heavier development in order to receive City services. Chuck Ryan, representing Dahle Bros., addressed the Commission. He discussed the issues regarding the impact on the pond and tree preservation. Ryan stated there would actually be a reduction in run-off to the pond. He feels that reducing the density would not save more trees. Ryan indicated he has received favorable responses from neighbors in the area. Ryan also brought up the issue of planting trees in other areas. of the City as one of the conditions for approval. Bodmer stated this could possibly be an alternative for the City, but not as a condition for approval. Chair Edgeton requested Ryan look into other options such as single family homes, elirninating some of the buildings in the cul-de-sac on his present proposal, reduced setbacks, etc. Commissioner Duff asked about street plans for proposed proj ect. Bodmer stated that normally in a townhouse development, the streets are private. However, with this proposal, there was discussion as to whether the streets should be public in order to connect with the existing homes to the south. Chair Edgeton stated that at the next meeting (public hearing), she would like to see plans in conjunction with the road to the south and the future implications associated with it. Dave Miller, the owner of the subject property, 12810 Galaxie, addressed the Commission and voiced concerns that he feels he is being penalized for letting the trees grow instead of cutting them down through the years. He would like to see the proposal move forward. 8. ADJOURNMENT MOTION: Commissioner Melander moved, seconded by Churchill, to adjourn the meeting at 8:21 p.m. The motion carried 6-0.