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HomeMy WebLinkAbout04/07/2004CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES APRIL 7, 2004 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Kazen Edgeton at 7:01 p.m. Members Present: Karen Edgeton, James Hadley, Jeannine Churchill, David Schindler, Alan Duff, and Tim Burke Members Absent: Tom Melander Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, City Attorney Sharon Hills, Associate City Planner Margaret Dykes, and Assistant City Engineer Jacob Fick. 2. APPROVAL OF AGENDA Chair Edgeton asked if there were any changes to the Agenda. There being none, she called for its approval. MOTION: Commissioner Hadley moved, seconded by Churchill, to approve the Agenda. The motion carried 6-0. 3. APPROVAL OF MINUTES OF MARCH 17, 2004 Chair Edgeton asked if there were any changes to the minutes. There being none, she called for its approval. MOTION: Commissioner Hadley moved, seconded by Churchill, to approve the minutes of March 17, 2004. The motion carried 5-0, with Commissioner Burke abstaining. 4. CONSENT ITEMS A. Harvey Height Variance -Consideration of a Variance from the Maximum Residential Building Height Requirement of 35 feet to Allow Reconstruction of a Single Family Home's 38-foot Tall Observatory B. Phase II Wellhead Protection Plan -Set Public Hearing MOTION: Commissioner Burke moved, seconded by Churchill to approve the consent Agenda. The motion carried 6-0. 5. PUBLIC HEARINGS A. Enjoy! Restaurant CUP -Consideration of a Conditional Use Permit (CUP) TO Allow for On-Sale Liquor Sales Chair Edgeton opened the public hearing with the standard remarks. Associate City Planner Margaret Dykes presented the request from Water's Edge Restaurant, LLC, for a Conditional Use Permit for on-sale liquor in conjunction with a Class I Restaurant. Enjoy! Restaurant is located at 15435 Founders Lane, in the Central Village. It is zoned "PD-716, Zone 3". The Class I restaurant is a permitted use, though the sale of alcohol is a conditional use. Dykes reported the restaurant is approximately 11,000 sq. ft. with a total of 404 seats. A 2,300 sq. ft. outdoor seating area will have 118 seats. The outdoor area will be delineated by a 42-inch high wall that will be composed of stone and iron railing, with 2 gates allowing access to the area. Outdoor dining areas are a permitted accessory use in this zoning district. The zoning district does not require restaurants serving alcoholic beverages screen outdoor areas where alcohol is being served in order to allow for and encourage outdoor cafes and sidewalk dining areas in the Central Village. Dykes stated the City Council approved the site plan building permit authorization request for the restaurant in October of 2003, with the knowledge that alcohol would be served on the site. Also approved along with this development were Remax Real Estate, Tuscany Apartments, Lebanon Valley Apartments, and Legacy Square Townhomes. The sale of alcohol should not have any detrimental effects on the surrounding uses. Staff finds that the consumption of alcohol served by Enjoy! Restaurant will be sufficiently contained within the site and will not have an adverse impact on surrounding properties. Staff also fmds that the request for a CUP complies with the requirements of the City code. Although it is the policy of the Planning Commission not to act on an item the same night as its public hearing, Dykes stated that if no adverse comments from the public are received and the Commission has no outstanding issues, staff is recommending approval of the CUP request for Enjoy! Restaurant. Chair Edgeton asked if anyone from the public had any comments or concerns, and if so, they may speak at this time. No comments were received from the public. Chair Edgeton closed the public hearing with the standard comments. MOTION: Commissioner Burke moved, seconded by Churchill, to approve a Conditional Use Permit for on-sale liquor in conjunction with a Class I restaurant to be located on Lot 2, Block 1, The Legacy of Apple Valley 3`a Addition. The motion passed 6-0. B. Amendment to the "LB" Zoning District -Consideration to Amend "LB" (Limited Business) Zoning District to Allow Recreational Buildings as a Conditional Use Permit in Conjunction with Private Clubs, Lodges, and Churches Chair Edgeton opened the public hearing with the standard remarks. City Planner Tom Lovelace presented the request to consider a proposed amendment to the "LB" (Limited Business) zoning district that would allow recreational structures, such as shelters, gazebos, and pavilions, in conjunction with institutional uses, and private clubs and lodges not operated for a profit, subject to conditions. Lovelace reported the proposed amendment was generated by a request from the Apple Valley American Legion proposing to construct a 40' x 60' pavilion on their property located at 14421 Granada Drive. The pavilion would have a concrete floor, asphalt roof, and maintenance-free soffit and fascia. Lovelace stated that the existing zoning ordinance does not permit accessory structures within the "LB" zoning district. An amendment would allow for structures such as the one the American Legion is proposing as a conditional use. Lovelace included in his packet several conditions that would apply to the amendment that would mitigate anticipated adverse impacts, protect the value of other property in the zoning district, and achieve the goals of the comprehensive plan. The amendment would apply to approximately 36 acres of property, generally located between 140`h Street West and County Road 42, Pennock and Galaxie Avenues. Commissioner Hadley asked Lovelace for the specific commercial building requirements of Section 155.345 listed in the conditions. Chair Edgeton suggested that rather than refemng to a section of the code staff should list the specific materials that would be allowed. Commissioner Churchill asked Lovelace if it was the City's intent to address only "open air" recreational structures. Lovelace stated it is. Churchill suggested that the language in the proposed section "L."begin with "Open air recreational structures, such as open air shelters, gazebos, and ..."because such structures could be enclosed. Commissioner Churchill suggested that section "L.1.", the language that states "adjacent area" needs to be tightened up. Churchill is also not pleased with the idea of a "portable trash can" as stated in section "L.10.". She is concerned about the trash cans blowing around. Lovelace stated that he would continue to work on these items. Cha;r Edgeton regnes±ed Yha± s±aff revise the sec±ion prohibiting pernranen± ou±door P.A. systems. She would like to see more City control over outdoor systems so that these systems do not become permanent. Commissioner Churchill suggested the language state, "Outdoor permits shall be allowed by permit for specific events only." Lovelace stated that the noise ordinance would address the PA system. Commissioner Hadley asked if a time restriction could be put on the PA system. Lovelace stated that he would work something out and have the City attorney review it. Chair Edgeton asked if anyone from the public had any comments or concerns. Nc comments were received from the public. Chair Edgeton closed the public hearing with the standard comments. Lovelace stated staff will continue to work on the project with the suggestions and comments brought forth from the public hearing. C. The Legacy of Apple Valley North -Consideration of a Proposed Subdivision of 25.3 Acres to Allow for Mixed Use Development City Planner Tom Lovelace presented the request from the Hartford Group, Inc., for approval of a proposed subdivision of approximately 25 acres into sixteen (16) lots to allow for a mixed use development. Lovelace reported the site plan proposes six multi-story buildings (residential and retail) along the east side of Galaxie Avenue, two commercial buildings located along the north side of 153`a Street West, three town office buildings along the west side of Foliage Avenue; two apartment and six residential townhouse buildings located in the north central part of the parcel. The proposed development would create 312,600 sq. ft. of commercial/office/retail space, 506 multi-family residential dwelling units, and a 1.7 acre park. The site plan building permit authorization request pertains to two commercial buildings located along the north side of 153`a Street West, between Galante and Fortezza Lanes. The buildings would be two stories, with a small third story loft, and underground parking. Exterior finishes would consist of a combination of brick, decorative block, Hardie-panel, and a metal roof. Lovelace stated that Hazdie-panel is shown throughout the plans, which is not an acceptable building material in this zoning district. Lovelace has talked to the applicant and the applicant has indicated they will use more brick but would still like the City to consider the use of Hazdie- panel. Approval of a final plat would be necessary before any development can occur. Lovelace stated that Planned Development Ordinance No. 739 caps the total number of dwelling units at 1,200 and caps the total area of commercial, retail, and institutional uses at 400,000 sq. ft. Harmony Commons will have 486 dwelling units and 12,000 sq. ft. of commercial space. In combination, the two developments will create 992 dwelling units and 423,106 sq. ft. of commercial space. Lovelace recommended a reduction in the commercial square footage or an amendment to the planned development ordinance. Chair Edgeton stated that she is not concerned about the 23,000 sq. ft. difference. She stated that the plan needs some flexibility and that hard numbers cannot be put on the plan. The plans indicate that Lot 2, Block 8 will be dedicated fora 1.72 acre public park. Dedication of additional parkland will be required, which will likely require a revision to the lot layout and size. Lovelace indicated that the original plan for the park was to be 5 acres. The Parks and Recreation Director has stated that the 1.7 acres do not meet the City's park requirement. Chair Edgeton asked if the Park Director understands that the Central Village community is different than any other community in Apple Valley and that the recreation habits of residents will probably be different also. She also wanted clarification from the Parks Director as to whether the size of the park is strictly a maintenance issue for them. Community Development Director Rick Kelley stated that the Park Director is aware that the Central Village is an urban development but that a park still needs to meet the needs of the community and the population of the area and 1.7 acres is not consistent with the plan. Commissioner Churchill asked if Buildings 6, 7, and 16 would have to be removed from the plan in order to get the 5 acres. Lovelace indicated that could be a possibility. Lovelace stated that he would discuss with the Parks Director the expectations of park land for an urban environment and what needs to be dedicated. Chair Edgeton stated that the plan shows 4 acres rather than 5. Commissioner Churchill clarified that the plan states "a minimum of 4 acres." Commissioner Schindler commented that he never envisioned one large park but rather pockets of smaller parks. Commissioner Churchill stated that she sees several opportunities for smaller pockets of parks such as a tree and a bench, large planters, or sculptures, as a way to sit and enjoy the scenery and give the development an urban appearance. The plan does not identify a senior center location consistent with the Central Village Plan. Chair Edgeton recommended putting the senior center in the senior building or one of the other buildings. The plan indicates all streets have either recessed parallel or head-in street parking. Lovelace recommended the 90-degree head-in parking be changed to angled parking. The plan indicates that the recessed pazking spaces would be 20 feet long. Lovelace recommended the minimum length be 22 feet. In addition, where there is head-in or angled parking abutting a sidewalk, the width of the sidewalk needs to be increased to a minimum of seven (7) feet to avoid any loss of walking surface due to vehicle overhang. The Commission agreed with Lovelace that angle parking would be better than head-in parking. Lovelace indicated that the applicant is at the bare minimum for parking. Chair Edgeton inquired as to how pazking was calculated, specifically the senior housing component. Lovelace responded that he calculated the parking based on new urbanism development and that assumptions have to be made until an actual plan is submitted. The City's traffic consultant provided a memo on parking issues. Lovelace indicated he just received the document and has not yet reviewed it. Lovelace will review the document and discuss the issues wi±h±he applicant. The street layout and design has been reviewed by the Public Works Director and City Engineer. They both have expressed a variety of concerns that need to be addressed. A copy of their concerns was included in the Commission's packet. 5 The central park is proposed to be used as an infiltration area for storm water runoff. Lovelace pointed out that there are other areas of opportunity for storm water infiltration and recommended the grading plan take advantage of these opportunities. Elevations indicate the buildings turning their back to the streets, with main entrances and most of the outside entrances oriented to the parking lots. Lovelace recommended revisions be made so that the fronts of buildings are oriented towards 153`a Street West and Fresco Terrace. The Commission agreed that the orientation of the buildings need to front the main streets even if access is allowed from the rear. The applicant indicated they would comply with the Commission's suggestions. The landscape plan has been reviewed by the City's Natural Resources Coordinator. His comments were included in the packet. The applicant indicated they would comply with the comments made by the Natural Resources Coordinator. Commissioner Schindler questioned whether the ground elevation is flat or going uphill. Lovelace indicated it is flat. An earlier plan was for two-story underground parking but has now been reconsidered. Assistant City Engineer Fick stated that there is no overall change in the grade. Commissioner Schindler commented that he would like to see Buildings 1 and 14 extended along 153rd Street to obtain a better site line. In addition, Schindler stated that he has not seen any kind of public arts connection with the plan and would be disappointed if it was not included. He stated there needs to be some type of entertainment to attract people to the area other than a bar. Lovelace suggested that the senior center could have a dual purpose and serve as a performing arts center. Schindler would also like to see some kind of indoor facility for teens, in light of the limited outside recreational space available. Bill Griffith, representing the applicant, commented on some of the issues brought forth from the Commission and staff. He stated that the density calculation is incorrect and the new figure will get them under the cap. Griffith stated that they would be happy to comply with the angle parking even though it means they will lose a couple of parking spaces. In regards to the street widths, Griffith stated that in order to keep the streets public they might have trouble increasing the widths. Griffith stated that according to his measurements, the park in the Central Village Plan scales off to just over 2 acres. He also stated that there are pocket pieces indicated on the plan that gets them close to 3 acres. By adding 1.5 acres in the south area on the plan, he feels this is a good pazk size. In regards to the senior community center, Griffith suggested a pa-lnership with the City in the 1_ower half of the sensor building that could serve as both a public and private facility. Commissioner Hadley questioned whether the senior center was to be constructed with park dedication monies. Lovelace indicated the City would have to allocate money for it. Commissioner Duff stated that he agrees with Commissioner Schindler that something needs to be done in regards to Building 13 and 16 fronting from the north side of the street. In addition, some revisions need to be made on Buildings 13 and 14 to give them some type of a plaza entrance near Fresco Terrace. Griffith stated he would check into it. Chair Edgeton asked if anyone from the public would like to speak Anne Esterbrooks, fee owner of the proposed 25 acres, stated that he is very impressed with the project and proud to be a part of it. Esterbrooks indicated that he feels 20% of land dedicated for park is expecting a lot from the developer. He suggested a lesser amount of park dedication and cash in lieu earmarked for the future construction of the senior center as an alternative to the 5 acre pazk dedication. He feels the senior center located in one of the buildings is a great idea. Mak Sweidan, of 15258 Florist Circle, resides just to the east of the proposed development. He is concerned about the number of access areas to the development and the potential for accidents due to the high speed limit (45 mph) on Foliage Avenue. Chair Edgeton informed Sweidan that the State sets the speed limit. Edgeton suggested staff get traffic counts and street capacity to address Sweidan's concerns. Lovelace stated that the City's Traffic Consultant will be available to comment at the next meeting. Sweidan indicated that he would like to see a 4-way stop sign in the area in order to slow traffic down. Chair Edgeton responded that with development close to the street, it will help slow traffic down.. Sweidan was concerned about the lack of park dedication since there is no public park between 150th and 160th Streets West between Galaxie Avenue and Pilot Knob. Lovelace stated that there is a 10-acre pazk in the Regatta area that nms along 157th Street. Sweidan would also like to see the building fronts facing Foliage. Chair Edgeton closed the public hearing with the standazd remarks Lovelace stated that staff will continue to work with the developer on the issues brought forth tonight. 6. LAND USE/ACTION ITEMS None. OTHER BUSINESS None. 8. ADJOURNMENT MOTION: Commissioner Schindler moved, seconded by Churchill, to adjourn the meeting at 9:42 p.m.