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HomeMy WebLinkAbout07/16/2003CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JULY 16, 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, Alan Duff, James Hadley, Tom Melander, and David Schindler* *Commissioner Schindler arrived at 7:02 p.m. Members Absent: Tim Burke and Jeannine Churchill Staff Present: City Planner Tom Lovelace, City Attorney Mike Dougherty, 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 Melander, to approve the Agenda. The motion carried 4-0. 3. APPROVAL OF MINUTES OF JUNE 18, 2003 Edgeton asked if there were any changes to the minutes. There being none, she called for its approval. MOTION: Commissioner Hadley moved, seconded by Edgeton, to approve the minutes. The motion failed with a 2-0 vote. Commissioners Duff and Melander abstained. 4. CONSENT ITEMS A. Eischens Variance -Front Yard Setback Variance for Covered Front Door Entry MOTION: Commissioner Melander moved, seconded by Duff, to approve the consent agenda in accordance with the staff recommendations. The motion carried 4-0. 5. PUBLIC HEARINGS A. Wal-Mart -Amendment to Existing Conditional Use Permit to Allow for Expansion of Existing Permanent Garden Center Chair Edgeton opened the public hearing with the standard remarks. City Planner Tom Lovelace presented the request from Wal-Mart Real Estate Trust to consider an amendment to their Conditional Use Permit (CUP) to allow expansion of their existing permanent garden center for the Wal-Mart store located at 7835 150' Street West. Lovelace reported the applicant is requesting the addition of 4,306 sq. ft. to the existing permanent garden area, which would extend further to the west 109 feet in front of the existing building. A ten foot high wall constructed of split face block and brick would enclose the area. The applicant is also proposing to remove the fencing around the existing garden center and replace it with a combination split face block/ornamental picket fence. Lovelace stated this proposal is a revision to a previous request for the expansion of the existing garden center. Lovelace stated a small area of the parking lot would be reconstructed, resulting in the loss of 2 parking spaces. The store is currently 40 parking spaces over the minimum (612) required. Removing 2 spaces would not adversely impact the store's parking. Reconstruction of the sidewalk would also be necessary. The revised plans indicate that the sidewalk would be 12 feet wide along the front of the entire expansion area. During the review of the original expansion request, the City's Fire Marshall and Commercial Building Inspector expressed concern with the potential of having product blocking the doorway. As a result, staff recommended that the 28-foot wide area in front of this particulaz doorway remain clear from the. front elevation to the end of the sidewalk and should not be incorporated into the proposed expansion azea. The petitioner's revised plans accommodate this recommendation. Commissioner Hadley expressed a safety concern regazding an emergency exit into the expanded garden center and the emergency exit door out of the new garden center. The Commission requested staff have the Fire Marshall review this to ensure it meets code Chair Edgeton mentioned that her biggest concern with the expansion of the garden center was the upkeep of the garden center. This concern was reiterated by several members of the Commission during the previous request. As a result, Chair Edgeton stated that she is recommending that the garden center be totally enclosed. Lovelace reported that since the previous request, he has visited the garden center and the applicant has made improvements in cleaning up the area. Chair Edgeton recommended that the west end of the building be a solid opaque wall and that the applicant be required to have quarterly inspections of the garden center. Commissioner Duff added that items inside of the garden center be only garden related items. Chester Canning, representing the applicant, stated that these accommodations could be met. Chair Edgeton asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. No comments were taken from the public. The Commission requested the applicant and staff make the recommended changes and bring them back for their review. Chair Edgeton closed the public hearing with the standard remarks. B. Legacy of Apple Valley -Phase II -Amendments to the Planned Development Ordinance Regarding Maximum Impervious Surface Requirements and Sign Setbacks Chair Edgeton opened the public hearing with the standard remarks Margaret Dykes, Assistant Planner, presented the request from the Hartford Group to amend Planned Development Ordinance #716, The Legacy of Apple Valley Addition. Staff is recommending an amendment to the planned development ordinance to change the performance standards regarding impervious surface and to reduce the setbacks for ground signs. Dykes reported that the existing ordinance requires that no more than 70% of a particular lot can be impervious surface. Staff is requesting that the maximum impervious surface be calculated by subzone rather than a per lot basis, which would result in no more than 70% of any subzone of the planned development ordinance be impervious surface. This would allow a developer to make modifications to individual lots within the subzone. In addition, it would provide the flexibility needed to create the urban densities for the Central Village Plan. The City's Engineering staff have reviewed the proposed impervious surface changes and determined that the storm sewer system for The Legacy is adequately sized to accommodate storm water runoff generated by the site. Dykes reported that the existing signage requirements in Planned Development #716 state the signage shall be in accordance with Chapter 154 of the City's ordinance. Ground signs are defined as signs erected upon or supported by ground and not attached to any building. Monument signs are ground signs intended to permanently identify a residential development. The sign code requires monument signs be located at least 30 feet from a residence and 13 feet from a property line abutting aright-of--way. Ground signs must be located at least 13 feet from a property line abutting aright-of--way. Dykes stated that because buildings within this planned development are placed close to the street, it would be very difficult to meet sign setbacks typically required for amultiple- faxnilyresidential development. Therefore, staff is recommending that the planned development ordinance be amended to allow a monument sign to be placed a maximum of five (5) feet from a property line and 10 feet from a residence or building. Commissioner Schindler asked Dykes what is included in a subzone and what deterrines a subzone. Dykes stated that a subzone can be a variety of different types of developments such as townhouses, apartments, retail, etc. The stormwater system determines what can be lumped together within a subzone. Assistant City Engineer Jacob Fick described stormwater management and how it is designed for each area. Chair Edgeton stated that since the Small Area/Central Village Plan is an entirely new concept for the City, such amendments to the ordinance can be expected as the project progresses. Bill Griffith, representing Hartford Group, addressed the Commission. He stated that he is pleased with the project to date and that the Commission will soon see a proposal for a restaurant and office in the near future. Chair Edgeton asked if anyone from the public would like to address the Commission. No comments were taken from the public. It is the policy of the Planning Commission not to act on an item the same night as the public hearing, but since there were no concerns brought forth from the Commission, staff, or the public, she is recommending the Commission vote on it tonight. MOTION: Commissioner Melander moved, seconded by Schindler, to approve the amendment to Planned Development Ordinance #716 to change the performance standards regarding impervious surface to 70% of a particular subzone, and to reduce the setbacks for ground signs as outlined in staff's report. The motion passed with a vote of 5-0. 6. LAND USE/ACTION ITEMS A. Shantz Variance -Front Yard Setback Variance for Covered Front Door Entry Assistant Planner Kathy Bodmer presented the request by Shantz Construction, on behalf of Chris and Vicki Sans, for a variance to the 30' front yard setback to allow construction of a 4' x 8.5' covered entryway on the front of the home at 8766 Highwood Way. Bodmer reported that a 4' x 8.5' overhang over the front door already exists, but the owners wish to enclose it so that a wheel chair assist can be constructed in the home, making the home handicap accessible. Bodmer reported that the existing roof overhang stmcture encroaches into the front yazd setback and should have received a variance in order for it to be constructed. The home was built in 1983 and there is no indication in the City's street file how the roof overhang was constructed and approved without a variance. Thus, a variance is needed to allow the entrance to be enclosed. MOTION: Commissioner Hadley motioned, seconded by Duff, to approve a variance fora 4' x 8.5' enclosed entryway be approved based upon the hardship created by the need to install a chair assist within the home in order to make it handicap accessible. The motion passed with a vote of 5-0. B. Fielding Raised Front Patio Variance Kathy Bodmer, Assistant Planner, presented the request from Heidi and David Fielding of 13699 Dunbaz Way, for a variance to the front yazd setback requirement to construct a raised patio with railings on to the front. of the house. The front yard setback for the home is 30'. The code allows three types of encroachments into the front yard setback without the need for a variance but this project does not meet any of them. The Fieldings wish to construct a 10' x 13' raised patio area that would extend out from the front window 7.5 feet. The base of the patio would be constructed with brick to match the existing brick of the house. The base of the patio would be 36 inches above grade and enclosed with a wrought iron railing. The applicant plans to replace the front window with French doors that would open up onto the raised patio. Bodmer stated that this request is somewhat similaz to other front porch and front entryway additions that the City has approved, except that the roof will not be extended above the patio area. A variance is required because the patio is too low to be considered a balcony and too high to be considered a front stoop. Bodmer stated that the City's Comprehensive plan actively encourages innovative designs and architectural techniques and other strategies that promote social interaction and neighborhood pride. The proposed variance is consistent with the City's comp plan and staff is recommending approval Commissioner Duff asked if neighbors had been notified of the proposal. Bodmer stated that notification to neighbors was not required, but neighbors have voluntarily consented support of the variance. MOTION: Commissioner Schindler moved, seconded by Hadley, to approve a 7.5' variance from the front yard setback to allow construction of a 7.5' x 13' raised patio. The motion passed with a vote of 5-0. 7. OTHER BUSINESS Commissioner Duff informed the Commission that Assistant Planners Kathy Bodmer and Maggie Milton Dykes recently passed their AICP Certification. The Commission congratulated Kathy and Maggie for their accomplishment. 8. ADJOURNMENT MOTION: Commissioner Hadley moved, seconded by Duff, to adjourn the meeting at 8:15 p.m. The motion passed with a 5-0 vote.