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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.