HomeMy WebLinkAbout05/07/2003CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
MAY 7, 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, Tim Burke, Alan
Duff, Jeannine Churchill, and Tom Melander
*Commissioner Schindler arrived at 7:01 p.m.
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. There being none, she called for
its approval.
MOTION: Hadley moved, seconded by Burke, to approve the Agenda. The motion
carved 6-0.
3. APPROVAL OF MINUTES OF APRIL 16, 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
carved 5-0, with Commissioner Melander abstaining.
4. CONSENT ITEMS
None.
5. PUBLIC HEARINGS
A. Diamond Gates -Subdivision and Building Permit Authorization for an 86-
Unit Condominium Complex
Chair Edgeton opened the public hearing with the standard comments.
Kathy Bodmer, Assistant Planner, presented the request from Hesham Tobar for a
preliminary plat of Diamond Gates creating two lots for amultiple-family
development, and site plan review/buildingperrnit authorization to construct two
condominium buildings containing 43 units each for a total of 86 units.
Bodmer reported the two, 4-story condominium buildings would be located on the
southwest corner of Cedar Avenue and 140th Street. The property is currently
zoned M-8C (multiple family residential, 12-24 units/acre). At 86 total units, the
project's density is 23.9 units/acre. Up to 20 units per acre is permitted by right
within the zoning district. In order to obtain a higher density, the developer must
provide certain amenities in the development that improves the livability of the
development and off-sets impacts resulting from increased densities.
Chair Edgeton asked if the five stories (four stories plus one garage level above
ground) meet the zoning code. Bodmer stated that the development does meet the
zoning code.
Bodmer reported the buildings would contain two levels of underground parking
at a rate of 2.0 garage spaces/unit. Surface parking is provided at a rate of 0.7
spaces/unit. The total parking provided on the site is 2.7 spaces/unit. Code
requires a minimum of 2.5 spaces/unit.
Glen Van Wormer, the City's Traffic Engineer, has reviewed the development
plans and is concerned with the slopes of three driveways in the development.
The first main drive has a 10% slope, and the two driveways into the lower level
garages have 7.1 % slopes. The maximum slope for a residential driveway is 10%,
while the maximum slope for a local residential street is 8%. Van Wormer is
concerned that lazger trucks may scrape their bottoms on a 10% slope. hi
addition, icy conditions will make these drive azeas treacherous. Chair Edgeton
asked if the petitioner has addressed the issue of the slippery slope into the garage
on icy days. Bodmer stated that the petitioner has not yet addressed it. Jim
Povolny, the architect for the project, indicated that they plan to have 20 feet of
the ramp entrance into the underground parking heated, which should alleviate
sliding in bad weather. Commissioner Melander asked if there are any other
options for changing the grade of the driveway. Bodmer responded the City's
engineers would continue to explore other options for getting into the building,
such as the feasibility of bringing in a road. Commissioner Hadley reminded
staff of the increase in impervious surface if a road were brought in.
Commissioner Churchill asked if one building would be a better fit for the land
rather than two buildings. Povolny stated they would not consider one building.
Bodmer elaborated more on the traffic patterns for getting in and out of the
buildings as requested by Commissioner Duff. In regards to traffic patterns, Chair
Edgeton requested staff determine the stacking distance in the left turn lane off of
140th Street getting to Cedar Avenue. The Commission has concerns that due to
the entrances to the building, drivers will be compelled to make U-turns at 140u'
and Pennock Avenue.
The grading plan indicates that sizable retaining walls will be constructed along
Cedar Avenue ranging from six to 10 feet, and retaining walls on the southern
property line ranging from two to six feet. A picket fence detail is shown above
the retaining wall on the grading plan but is not shown on the landscape plan.
Bodmer requested the petitioner provide additional information regarding the
proposed fence.
Drainage ponds will be constructed to handle the site's stormwater drainage.
Bodmer reiterated to the petitioner that the ponds must be adequately sized to
accommodate a''/2-inch rainfall.
The Commission asked Povolny, the architect, if there were any plans for
handicapped accessibility on the site plan. Povolny stated the condominiums
could be accessed by elevators and the townhomes are exempt from being
handicap-accessible.
Chair Edgeton asked if anyone from the public would like to address the
Commission and petitioner, and if so, they may do so at this time.
Marjorie Steffes, a resident of Apple Valley, stated that she is very upset and feels
as though the Commission is treating this as a "done deal." Steffes stated that she
has put a lot of money into the Summerhill development and does not like the
idea of apartments obstructing her view.
Chair Edgeton left the meeting at 7:57 p.m., and Vice Chair Churchill chaired the
meeting.
Doug Stevens, developer of the Summerhill project, addressed the Commission
and stated that although staff is referring to the building as a 5-story complex, it is
actually six stories. Stevens stated that, in addition, townhouses are not allowed
in the M-8 zoning district. He requested to reserve the right to see the petitioner's
plans once they are finalized and to hold the public hearing open until the time
that such plans are submitted. Stevens stated the Diamond Gates project has no
usable green space and, therefore, the green space should not qualify as a density
bonus. Stevens stated there is no buffer left, and the project is not compatible
with the surrounding neighborhood.
In response to the comments Stevens made about townhouses not being permitted
in the M-8 zoning district, Bodmer stated that the code specifically states that
apartments and condominiums are permitted and the language does not
specifically address townhomes. Bodmer also reiterated that the building is five
stories.
John Ludwig, a potential resident of Summerhill, questioned the height of the
proposed building in comparison to Summerhill. Ludwig expressed concerns
over the increase in traffic. Vice Chair Churchill requested staff provide a cross
section view of Summerhill in comparison to Diamond Gates.
Mike Gregor, a nearby resident of the proposed development, expressed concerns
about the increase in traffic. He stated he had documentation from the 1980s that
indicated the neighborhood was zoned single-family. Gregor also questioned if
the buildings would be converted into offices if they didn't succeed as livable
units.
The Commission questioned how long the present zoning has been in effect: City
Planner Tom Lovelace stated the property was rezoned M-8C around 1999 or
2000.
Dena Meyer, representing Summerhill, stated that one of her main concerns is the
headlights from cars coming in and out of Diamond Gates illuminating on
Summerhill residents. Meyer also has an issue with the proposed height of
Diamond Gates.
Patti Kello stated her mother will be a resident of the Summerhill development
and is concerned about the increase in traffic.
Vice Chair Churchill requested staff provide the Commission with traffic patterns,
including the frequency and timing of trips and peak hours.
John Ludwig asked if there was an age requirement of the residents for Diamond
Gates. James Povolony stated it would be open to all ages.
Povolny stated that in regards to the height of Diamond Gates, they chose to not
have a peaked roof but rather a flat one, which minimizes the height. He stated
they are also looking at traffic issues and will make sure they are addressed. In
response to the comments made by Doug Stevens, Povolny stated there is nothing
in the density bonus requirements that stipulates the green space has to be flat.
Commissioner Hadley asked if Granite Avenue was a normal residential street.
Bodmer stated it is a residential street with local access and parking on both sides.
Vice Chair Churchill asked if the Commission felt comfortable leaving the
hearing open until final plans are submitted as requested by Doug Stevens.
Bodmer stated that unless there are extenuating circumstances, staff would not
recommend holding the meeting open. Bodmer stated that staff will address the
concerns brought forward tonight as they normally do in all public hearings. With
that information, Vice Chair Churchill closed the pubic hearing with the standazd
comments.
B. Restaurant Parking Requirements -Amend Zoning Ordinance for Minimum
Required Parking for Restaurants
Vice Chair Churchill opened the public hearing with the standazd comments.
The Planning Commission previously requested staff review the restaurant
parking requirements to determine if the minimum standards should be amended.
Margaret Milton Dykes, Assistant Planner, prepazed a report for the Commission
on this subject. Dykes reviewed the highlights of the report which included the
methodology used to prepare the report, other cities' parking requirements, a chart
showing existing restaurant parking, proposed ordinance requirement, and staff s
recommendations.
Commissioner Melander complimented Dykes on the very thorough job she did
and that he was very pleased with her report. Melander stated that our ordinance
is not that different from other neighboring cities, but indicated he would like to
see Apple Valley's standazds raised a little higher.
The Commission brought up the following factors that staff should consider for
amending the ordinance:
• Seats available.
• Square footage of the restaurant.
• Number of people waiting to be seated.
• Does the restaurant serve liquor?
• Is outdoor seating available?
• Is there any cross-pazking available nearby?
• Number of employees working during peak shifts at the restaurant.
Vice Chair Churchill asked if anyone from the public would like to speak and if
so, they may do so at this time. No comments were received from the public.
Dykes distributed a letter to the Commission that she received from the manager
of Culver's restaurant stating his opinion of restaurant parking.
The Commission directed staff to continue working on this and bring forth a
recommendation for the Comrission to review.
Vice Chair Churchill closed the public hearing.
6. LAND USE/ACTION ITEMS
None.
OTHER BUSINESS
None.
8. ADJOURNMENT
MOTION: Commissioner Burke moved, seconded by Melander, to adjourn the meeting
at 8:59 p.m. with a 6-0 vote.