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HomeMy WebLinkAbout04/02/2003CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES APRIL 2, 2003 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, Tim Burke, Tom Melander, Alan Duff, and Jeannine Churchill Members Absent: None Staff Present: City Planner Tom Lovelace, City Attorney Sharon Hills, Assistant Planner Kathy Bodmer, Assistant Planner Margaret Milton Dykes, and Assistant City Engineer Jacob Fick. 2. APPROVAL OF AGENDA Edgeton asked if there were any changes to the Agenda. Commissioner Melander requested an update from staff regarding the study on septic systems. MOTION: Burke moved, seconded by Hadley, to approve the Agenda as amended. The motion carried 7-0. 3. APPROVAL OF MINUTES OF MARCH 19, 2003 Edgeton asked if there were any changes to the minutes. There being none, she called for their approval. MOTION: Hadley moved, seconded by Burke, to approve the minutes. The motion carried 7-0. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS None. 6. LAND USE/ACTION ITEMS A. Dahle Oaks Townhomes -Rezoning, Preliminary Plat, and Site PlanBuilding Permit Authorization for 15 Unit Townhouse Development Kathy Bodmer, Assistant Planner, presented the request from Dahle Bros. to construct a townhouse development on the 5.4-acre parcel located at 12810 Galaxie Avenue. The petitioner requested a rezoning from R-1 (single family residential, 40,000 sq. ft. minimum lot) to M-2 (multiple family, 3-5 units/acre), a subdivision by preliminary plat of Dahle Oaks development, and site plan building permit authorization to construct 15 townhome units. Bodmer reported that two sketch plans had been submitted at prior meetings, and a public hearing was held on March 19, 2003. Bodmer proceeded to address the issues that were raised by the public and the Commission, along with staff's response to those issues. Primary issues that still remained with the proposed plan were the rezoning request in relation to "due regard" for the natural features on this site; the front yard setback that would be needed to save trees in the development; the revised tree plan indicating that 55.5% of the trees would be removed as a result of the development; and the issue of drainage into Pond 213P. As requested by the Commission, the petitioner presented a potential layout of houses that could be constructed that meet the existing R-1 zoning requirements; a layout showing houses that meet the R-3 zoning (single family, minimum lot size of 11,000 sq. ft.); and the proposed layout meeting M-2 zoning requirements. It appeared that with the R-3 layout and the proposed M-2 layout, the natural habitat of the property would still be disturbed significantly, which was a major concern of the Commission. Jeff Kehrer, the City's Natural Resources Coordinator, commented on the tree mitigation and tree replacement requirement in relation to the various scenarios presented to the Commission. Chuck Ryan, president of Dahle Bros., addressed the Commission and stated that there are presently multiple-family developments located near the subject property, and that rezoning the property to multiple-family would be consistent with the neighborhood. He stated that if the property were developed as proposed he would ensure that the area not disturbed by grading would be covered by a conservation easement that would prohibit the removal of remaining trees. Ken Ardnt, with Pioneer Engineering, also addressed some of the Commission's concerns regarding the trees. Chair Edgeton asked if there was anyone present that had any new information to present to the Commission before it proceeded. Edgeton also asked the Commissioners if they had any additional comments regarding the project. No additional comments were received from the public or the Commission. MOTION: Commissioner Churchill moved, seconded by Burke, to recommend approval of the rezoning of property from "R-1" to "M-2" (multiple family residential, 3-5 units/acre). Chair Edgeton opened the floor for discussion on the motion. Edgeton stated that personally she felt it was unrealistic for this property to remain zoned R-1 because the surrounding property has not remained R-1. She also stated that rezoning to an M-2 gives more control over the property, and is, therefore, in favor of rezoning. Commissioner Schindler said he thought the rezoning is not appropriate. He stated that even though the petitioner said there are townhomes presently surrounding the property, there are mostly single family homes adjacent to the property and feels that trend should continue. Schindler stated that restrictions through an association could be placed on single family homes the same as townhouse associations. Schindler thought that. rezoning was not necessary for this particular area. Cormissioner Churchill stated that she had struggled with this project because it is a beautiful parcel. One thing that tipped her toward supporting the M-2 rezoning was the rambler-style home with the lower profile, which would have less impact visually than atwo-story single family home sticking through the tree canopy. Commissioner Churchill thought there is benefit to have an association control what happens to the property in the future, regardless if it is single- or multiple-family. Commissioner Hadley stated that with the type, size, and quality of trees on this lot, the City could use a nice, custom single-family type of home built around the natural beauty in order to save more trees. Commissioner Melander concurred with Commissioners Hadley and Schindler and thought that the site is a unique forest environment. Melander stated that one of the goals of the City is to provide a mix of housing and lifestyles. During the past few years, he felt that the Commission is leaning towards dense, and while he favors high density for some of the projects, this was not one of them. Commissioner Duff concurred with Commissioner Churchill. Duff stated that he was torn on this project for several weeks, but felt that one-story vs. two-story housing addressed some of the concerns neighbors had regarding the visual impact of this development. Chair Edgeton closed discussions on the motion and asked for a vote with a show of hands. The motion carried with a vote of 4-3. MOTION: Commissioner Churchill moved, seconded by Burke, to recommend approval of the preliminary plat of Dahle Oaks to create 15 townhome lots, and one or more common ownership lots subject to the rezoning of the property with the following conditions: a. A minimum 30-foot conservation easement adjacent to Pond 213-P shall be dedicated to the City limiting tree removal and land- disturbing activities. b. An escrow shall be dedicated for the future construction of an eight-foot bituminous pathway on the east side of Galaxie Avenue. c. A drainage and utility easement shall be dedicated over the wetland/storm water pond. d. Instruct staff to work with the City Attorney and developer to either add language to the association documents requiring preservation n some type of conservation of the ungraded property less the City's right of way for street expansion or to develop a restrictive covenant to achieve that purpose. The motion carried with a vote of 4-3. MOTION: Commissioner Churchill moved, seconded by Burke, to recommend approval of the site plan of Dahle Oaks Townhomes and give building permit authorization for construction of 15 townhome units subject to the rezoning of the property and approval of preliminary plat of Dahle Oaks with the following conditions: a. Allowing a 15-foot variance from the 35-foot front yard setback requirement, allowing placement of the townhomes 20 feet from the front property line. b. A full wetland delineation report shall be submitted to the City that complies with the Wetland Conservation Act requirements. Any alteration to the wetland shall comply with all federal, state and local requirements. c. No land disturbing activity shall commence until the City has approved a Natural Resources Management Permit (NRMP). d. A nursery bid list must be submitted prior to release of any building permit to confirm that the landscape plantings meet or exceed 2.5% of the value of the construction of the buildings based on means and construction data. The fmal landscape plan shall be reviewed and approved by the Natural Resources Coordinator. e. A detailed erosion-control plan shall be submitted to the SWCD for their review and approval. f. The tree preservation plan shall incorporate tree protection measures as specified in the Natural Resources Coordinator's memo of March 28, 2003. The motion carried with a vote 4-3. 7. OTHER BUSINESS A. Restaurant Parking Requirements -Set Public Hearing for Proposed Amendment to Zoning Ordinance The Planning Commission previously asked staff to review the parking requirements for restaurants. There has been a significant increase in the number of restaurants built within the City, and some of these restaurants seem to be under parked, while others seem to be over parked. Assistant Planner Margaret Dykes informed the Commission that staff is now in the process of reviewing the parking requirements for restaurants as part of the overall update to the City's zoning code. Staff expects to have the update to the zoning code completed by the end of 2003. However, because additional restaurants may be proposed before the zoning ordinance update is complete, it maybe appropriate to review and update the parking requirements now. Dykes requested a hearing be set for the Commission to review proposed parking revisions to the ordinance. MOTION: Commissioner Melander moved, seconded by Churchill, that a public hearing be held on May 7, 2003, to review possible revisions to the City Code relating to off-street parking requirements for restaurants. The motion carried 7- 0. B. Andy's Market Car Wash -Sketch Plan Review of Car Wash and Proposed Amendment to NCC (Neighborhood Convenience Center) Zoning District to Allow for a Car Wash as a Conditional Use Assistant Planner Kathy Bodmer presented the sketch plan review from Andy's Market for a proposed amendment to the NCC (Neighborhood Convenience Center) zoning district to allow construction of a car wash on the Andy's Market property located at 14113 Galaxie Avenue. Bodmer reported that car washes are not presently permitted in NCC zoning districts, and that NCC zoning districts were established to provide convenience goods and services to nearby residential areas. Consequently, they are located near two residential areas. In her written report to the Commission, Bodmer stated that two issues should be examined in relation to the request to amend the ordinance: 1) Would the addition of car washes to NCC zoning districts be too intense and annoying for nearby residential areas; and, 2) Could a car wash be installed and operate well on the Andy's Market site? Bob Winberg, of 3G Enterprises, reviewed the details of the sketch plan with the Commission. The Commission was concerned that because this is a residential neighborhood, the petitioner must instaii a mechanism to ensure tine doors of the car wash are closed at all times, especially during the drying cycle. Commissioner Churchill raised the issue of hours of operation and if the petitioner had any plans to have a change in business hours. Andy Elasky, owner of Andy's Market, informed the Commission that he had no plans to change his hours of operation, which are presently 6:00 a.m. - 11:00 p.m. Commissioner Schindler brought up issues with traffic and the entrance to the Market off 140th Street. He and other members thought that traffic, the entrances, and parking will have to be closely reviewed if this project proceeds. Jack Obeck, the architect for the project, indicated that they would closely review the layout of the project. Commissioner Melander felt that rather than amending the NCC zoning district, a change to RB ("Retail Business") might be another option for this project. The Commission encouraged Elasky to continue working with staff while proceeding with this project. C. Septic System Status Report Kathy Bodmer, Assistant Planner, updated the Commission on the progress to date regarding septic systems. At a recent Planning Commission meeting, the Commission directed staff investigate how septic systems might be funded to assist homeowners without the need to subdivide. Bodmer reported that staff has composed a map of parcels in the City that still have septic systems, which is around 70 parcels. Staff is dividing the parcels into three categories: 1) temporary structures, 2) single-family parcels that could be subdivided, and 3) single-family parcels where the home will remain. Responding to the Commission's request, staff is investigating if there ate any City funds, County fends, or programs that might be available to residents to offset some of the costs of converting from septic to City sewer. Bodmer stated that a full report with findings would be presented to the Commission to discuss staffls findings. 8. ADJOURNMENT MOTION: The Commission unanimously voted to adjourn the meeting at 9:09 p.m. with a 7-0 vote.