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HomeMy WebLinkAbout12/17/2003CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES DECEMBER 17, 2003 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Vice Chair Jeannine Churchill at 7:00 p.m. Members Present: James Hadley, Tom Melander, Alan Duff, Jeannine Churchill, David Schindler, and Tim Burke Members Absent: Karen Edgeton Staff Present: Community Development Director Rick Kelley, City Attorney Sharon Hills, City Planner Tom Lovelace, Assistant Planner Kathy Bodmer, Assistant Planner Mazgazet Dykes, and Assistant City Engineer Jacob Fick. 2. APPROVAL OF AGENDA Vice Chair Churchill asked if there were any changes to the Agenda. There being none, she called for its approval. MOTION: Commissioner Hadley moved, seconded by Duff, to approve the Agenda. The motion carried 6-0. 3. APPROVAL OF MINUTES OF DECEMBER 3, 2003 Vice Chair Churchill asked if there were any changes to the minutes. There being none, she call for approval. MOTION: Commissioner Duff moved, seconded by Hadley, to approve the minutes of December 3, 2003. The motion carried 6-0. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS None. 6. LAND USE/ACTION TI'EMS A. Dahle Oaks -Rezoning from "R-1" (Single-family w/minimum lot 40,000 sq. ft.) to "R-2" (Single family w/minimum lot 18,000 sq. ft.) and Subdivision of 5 Acres Into 8Single-Family Residential Lots Assistant Planner Kathy Bodmer presented the request from Dahle Bros., for rezoning from "R-1" (single-family residential, 40,000 sq. ft. minimum lot) to "R-2" (single-family residential, 18,000 sq. ft. minimum lot) and subdivision by preliminary plat to develop an eight (8) lot single family development. Vice Chair Churchill stated that the public hearing for this agenda item was held on November 19, 2003, and unless there is new information from the public, the Commission will not take any public comments tonight. Bodmer reported that at the public hearing several questions were raised by the Commission in regards to rezoning of the property, the amount of R-1 zoned property remaining in the City, impacts to the property with afive-lot layout, the use of conservation easements, the use of a cul-de-sac, and tree removal on the site. Bodmer included a list of all of the questions raised at the public hearing along with staff's responses in the Commission's staff report. In addition, the developer was asked to prepare a plan showing afive-lot subdivision of the property, which was included in the Commission's packet. The plan indicates the amount of trees that would be saved, the proposed alignment of the cul-de-sac, and the future extension of the internal street to the properties to the south. Another issue raised at the public hearing was whether the City can place conditions of approval of a subdivision, but not a rezoning. In a memo to the Commission, City Attorney Sharon Hills stated that it may be difficult to place a condition on the approval of a subdivision that requires a developer to dedicate more than 10% of the land area for easements. However, the developer, Chuck Ryan representing Dahle Bros., has indicated that if he were able to obtain a rezoning of the property, he would dedicate additional property as a conservation easement. Ryan also stated that if a rezoning is not obtained, he would not be able to dedicate additional easements in order to ensure that future homeowners would have adequate room to construct outdoor amenities such as swimming pools and sport courts. The Commission requested staff research properties that were initially zoned for large lot single family development (40,000 sq. ft. minimum lot size). Bodmer stated that a majority of the properties that were initially zoned R-1 were either undeveloped or not yet served with City water and sewer services. Commissioner Duff asked how much R-1 property remains in neighboring cities. Bodmer responded that she does not have that information. Ryan addressed the Commission in response to the questions that were raised at the public hearing. Ryan also presented a written response to those issues in the Commission's packet. Ryan reiterated that the City Council rejected his previous proposal to develop multi-family housing on this site and that he is now requesting that the City consider approving the request presented at this time for single family housing on the site. Loran Gruman, of 12755 Foliage Ave., addressed the Commission and asked why the petitioner is able to speak tonight and not the public. Vice Chair Churchill explained to Gruman that the consensus of the Commission is that they have heard from the public at the public hearing and through written correspondence sent to the Commission. She stated that there is no new information presented tonight that was not already previously addressed, and therefore, the Cormission is not inclined to take any additional comments. Vice Chair Churchill and Commissioner Duff informed Gruman that the Commission is not the final decision making body and that if anyone feels they need to discuss this issue fuher, they may do so when this item is brought before the City Council. During the Commission's discussions, Commission members indicated they would like something specific about the need for possible reduction in the setbacks for the cul-de-sac. Regarding the proposed conservator easement, the Commission would like to see written documentation on what would be acceptable and not acceptable use of the land. For example, the Commission asked whether a dock on the pond would be reasonable and acceptable, especially if the neighboring properties have them. Bodmer reported the City is encouraging the use of sidewalks for new developments. Since this site is somewhat unique to the City in regards to the natural forested area, the issue of whether to have sidewalks needs to be further reviewed. Additional trees could possibly be preserved if the development does not have sidewalks. Commissioner Schindler stated that he is not in favor of the rezoning due to the location of the properly, the pond, water quality issues, and the fact that the neighbors have stated that they wished to remain on their property. Schindler stated that since this is not a proposal for five homes, he is not considering the impact of five lots but rather the eight lots that are being proposed. Schindler stated that a conservation easement could also be set up if the site was developed into five lots. Commissioner Burke indicated he likes the offer Ryan has made to the City dedicating 22% of the property as a conservation easement. Commissioner Melander feels the City already has too much density, particularly in the area south of County Road 42. Melander stated he does not want to see Apple Valley become Manhattan. Vice Chair Churchill stated that she is concerned about how the City can preserve the nature of the property and what the best interest is for the City. MOTION: Commissioner Burke moved, seconded by Duff, to approve the rezoning of the property from "R-1" (40,000 sq. ft. minimum lots) to "R-2" (18,000 sq. ft. minimum lots). Motion carried with a vote of 4-2 (Melander and Schindler). MOTION: Commissioner Burke moved, seconded by Duff, to approve the preliminary plat of Dahle Oaks subdividing the property into eight (8) lots with the following condifions: a. The pefitioner shall prepare a Natural Resources Management Plan (NRMP) which shall be reviewed and approved by the Planning Commission and City Council. The plan shall designate house pad locations, grading limits, front setback variances with particular attention to Lots 4, 5, and 6 due to the cul-de-sac bubble, and conservation easement areas: Additional "custom" trees shall be indicated on the "custom" graded lots on the NRMP. b. An escrow shall be provided covering the cost of the installation of eight foot (8') bituminous trail along Galaxie Avenue adjacent to the property. c. A thirty foot (30') conservation easement shall be dedicated adjacent to Pont 213-P and a fifteen foot (15') conservation easement shall be dedicated adjacent to the wetland. d. Drainage and utility easements shall be dedicated over the wetland and Pont 213-P. The motion carried with a vote of 4-2 (Melander and Schindler). OTHER BUSINESS A. Erickson-Radichel-Andersen Subdivision Sketch Plan Assistant Planner Mazgazet Dykes presented the sketch plan from Bart Porter for rezoning and subdivision of approximately 16 acres for the construction of 27 single- family residential homes. Dykes informed the Commission that no official action is needed, and that the applicant only seeking input from the Commission before formally proceeding with the project. There are four property owners for this parcel of land -the Ericksons, Radichels Andersens, and the City. The unplatted parcels are generally located east of Pennock Avenue, north of 138x' Street West and south of Gossamer Way. Dykes reported the Erickson and Radichel parcels, and the City-owned Wallace Park parcels are zoned "R-3" (single family residenfial with a minimum lot size of 11,000 sq. ft.). A rezoning of these properties would not be required. However, the Andersen parcel is zoned "M-3C" (multiple family residential with 3-6 units per acre). The Andersen parcel would have to be rezoned. The. five parcels included in the sketch preliminary plat total 16.25 acres. Except for the City-owned piece to be used for right-of--way, all of the properties are currently unplatted. The sketch plan shows the subdivision of the five parcels into 28 single- family lots, with twenty-seven of the lots being standard suburban lots with a minimum lot size of 11,000 sq. ft. for single family residences. The Radichel lot would be used for an existing single-family residence and would be approximately 4.85 acres. All lots would front a public road as required by City Code. The proposed subdivision would require the extension of Gossamer Way to intersect with 138a` Street. The extension would require the dedication of City-owned property for right-of--way. The City-owned property includes a portion of Wallace Park and Lot 6, Block 7, of The Oaks of Apple Valley II. In addition, the sketch plan shows the extension of Greenland Avenue to service six single-family lots. Dykes reported the applicant would need to purchase City property in order to proceed with this proposal. The City would need to determine whether and how much of the Wallace Park property would be sold for development. This question will likely need to be reviewed by both the Planning Commission and the Parks Commission. Dykes stated the Parks Commission will address this issue in January. The Planning Commission stated they would like to hear from the Parks Commission before addressing this issue. The site contains slopes that in some area are as steep as 50%. Significant grading would have to be done in order to accommodate this proposal. In addition, the site is heavily wooded which would result in significant tress lost when the site is mass graded. Dykes stated that the Radichel property would not be developed under this proposal and that both the existing Erickson and Andersen houses would have to be moved to another lot. The Commission was concerned about how the Radichel property would be developed in the future. Commission Melander stated that he feels there would be a lot of public comments if the City were to consider taking away park land. Commissioner Schindler stated that the three lots in Wallace Park abutting the proposed extension of Gossamer Way could possibly be sold. 8. ADJOiIRNMENT MOTION: Commissioner Melander moved, seconded by Schindler, to adjourn the meeting at 9:14 p.m.