HomeMy WebLinkAbout09/01/2004CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
SEPTEMBER 1, 2004
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, Jim Hadley, Tim Burke, Jeannine Churchill, Tom
Melander, and *David Schindler
*Commissioner Schindler arrived at 7:01 p.m.
Members Absent: None
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. Community Development
Director Rick Kelley made the following amendment to the Agenda:
Under the section titled "PUBLIC HEARINGS", Agenda Item S.A. Valley Oaks
Estates -Consideration of a Proposed Subdivision of 12 Aces Into 17 Single
Family Lots, was rescheduled.
MOTION: Commissioner Hadley moved, seconded by Churchill, to approve the Agenda as
amended. The motion carried 5-0.
3. APPROVAL OF MINUTES OF AUGUST 18, 2004
Chair Edgeton asked if there were any changes to the minutes. There being none, she called
for its approval.
MOTION: Commissioner Burke moved, seconded by Hadley, to approve the minutes of the
August 18, 2004, meeting. The motion carried 4-0, with Commissioner Melander
abstaining.
4. CONSENT ITEMS
None.
5. PUBLIC HEARINGS
A. Valley Oaks Estates -Consideration of a Proposed Subdivision of 12 Acres Into
17 Single Family Lots
Rescheduled.
B. Amendments to Zoning Regulations
Chair Edgeton opened the public hearing with the standard remarks.
Associate City Planner Margaret Dykes reported that on July 14, 2004, the Planning
Commission directed staff to set a public hearing to amend the zoning code in seven
areas. Some of the proposed amendments are necessary to comply with state statutes
and others are necessary to clarify the intent of the Zoning Code. The proposed
amendments are as follows:
• Measuring building heights from the first above-grade habitable floor;
• Clarifying the number of detached garages and accessory buildings
permitted on a single family residential lot;
• Permitting the placement of temporary buildings, dumpsters, trailers,
etc., on lots in all zoning districts during construction;
• Requiring the construction of infiltration ponds and rain gardens;
• Capping the maximum impervious surface allowed on asingle-family
residential lot at 35%;
• Clarifying the number of and duration of garage sales; and
• Adding language governing the location and site design of antennas
and towers.
Dykes reviewed and discussed each proposed amendment in detail with the Planning
Commission. The Commission voiced concerns on four of the proposed
amendments.
The first one was clarifying the number of detached garages and accessory buildings
permitted on a single family residential lot. The Commission felt that the 750 sq. ft.
size limitation of the accessory structure if there is no detached garage on the
property is too much from an aesthetics view point. They would like the ordinance
to be clear as to where the structure can be placed and that the structure can be either
a garage or an accessory structure.
The second issue of concern was regarding the time period an unscreened dumpster
for construction purposes can be located on the premises. The Commission
suggested a time limit or setting some parameters as to how long construction can
take place. Dykes explained that there are time limits set within the building permit
and that construction can continue as long as progress is being made. The
Commission suggested more information be forthcoming on the stipulations in the
building permit.
The third area of concern was the number of garage sales per calendar year.
Commissioner Churchill suggested that perhaps this limitation be per homeowner in
case ownership changes.
The last item was regarding antennas and towers for communications equipment.
Dykes reported that current code does not address antennas or towers.
Commissioner Melander was concerned that the City might be too restrictive as to
the placement of antennas and communications equipment. Melander requested
staff check the present location of existing equipment in the City. Commissioner
Churchill would like to know how this ordinance might affect free standing or
existing structures already in place.
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 received
from the public.
It is the policy of the Planning Commission to not act on an item the same night as
its public hearing. Dykes concluded that staff will continue to work on these
amendments addressing the issues brought forth from the Commission.
B. Summerfield Townhomes 2"d Addition -Subdivision and Site PlanBuilding
Permit Authorization to Allow Construction of Four (4) 2-unit Townhomes
Chair Edgeton opened the public hearing with the standard comments.
City Planner Tom Lovelace presented the request from Diedrich Builders, Inc., and
Harry and Valerie Myers requesting preliminary plat and site plan building permit
authorization approval to allow for the subdivision of a 1.7 acre site into nine (9) lots
to construct 4 two-unit townhouse buildings, with the remaining lot utilized as
common open space and for construction of a 28 ft. wide private street.
Lovelace reported the Summerfield Townhomes 2"a Addition is part of the
Summerfield townhome development originally approved in 2000. At that time, the
project was broken up into two phases because property owners expressed their
desire to continue living on the property: The first phase consisted of construction of
six 2-unit townhomes on the west 2.8 acres of the site. Development of the east 1.7
acres is proposed at this time.
Lovelace stated that the applicant has submitted essentially the same proposal as was
approved for the first phase. However, to ensure compliance with the most up to
date ordinance and codes, the project must be under construction by a certain date or
the approval lapses. Therefore, formal review and approval by the City for the
second phase is necessary.
One of the conditions of the original approval was that a small triangular piece of
property abutting the east property line would need to be incorporated into the final
plat. Without this triangular piece, the two units located in the northeast corner
would not meet the minimum required setback of 50 feet from Galaxie Avenue.
Lovelace stated that any approval of this project would be subject to the applicant
meeting the original preliminary plat's condition that the triangular piece be
incorporated into the final plat.
Chair Edgeton reminded Bill Diedrich, one of the applicants, that securing the
triangular piece of property is critical to approval of this project. Lovelace indicated
that staff would not be willing to recommend any variances be granted if the land is
not secured.
Lovelace reported that approval of any final plat would be subject to the dedication
of a one foot easement which would restrict direct driveway access along Galaxie
Avenue. Vehicular access will be via Galena Drive connecting to 132"a Street West.
All existing homes, several outbuildings, and driveways will need to be removed
prior to grading, street and utility installation, and building construction.
A 170 ft. long retaining wall located on the east side of the property may require
removal. Assistant City Engineer Jacob Fick stated that the retaining wall was
installed on US Homes property on a temporary basis keeping in mind that the lot
would be developed some time in the future. At that time, it was expected that the
wall would be taken down and the hill shaved down, which would improve the sight
line.
The Natural Resources Coordinator reviewed the landscape and tree preservation
plans. There are a total of 70 significant trees on the site and 39 are proposed to be
removed, or 56%. Replacement of the trees will be required. The Coordinator's
comments were addressed in a memorandum included in the Commission's packet.
Elevations will be similar to the existing units in the first phase of the Summerfield
development.
Chair Edgeton asked if anyone from the public would like to address the
Commission regarding this proposal, and if so, they may do so at this time.
Chuck Fischer, 13105 Gamma Way, inquired where the exit on to 132°d Street would
be located and would oncoming traffic be visible from the intersection. Diedrich
stated that the exit would line up with the existing driveway.
Commissioner Churchill requested staff find out the distance from the intersection of
Galaxie and 132"a Street. Lovelace stated he would also look at previous traffic
reports that were performed on the first phase of this project. Churchill stated that in
her opinion, the intersection needs a traffic light. Fick reported the need for a traffic
light was evaluated at the ±ime of the Dahle Pines/Suimnerfield additions, but at that
time, the intersection did not meet the warrants for a traffic light. Fick stated that
maybe now is the time to look into it again.
Richard Olgren, 7301 132°e Street, asked if the sidewalk would be retained along
Galaxie Avenue. Lovelace stated that it would.
Chair Edgeton closed the public hearing with the standard comments.
It is the policy of the Planning Commission to not act on an item the night of its
public hearing.
The Commission directed the applicant and staff continue working on the issues
brought forth tonight while proceeding with the proposal.
6. LAND USE/ACTION ITEMS
A. Midwest Auto Salon CUP -Consideration of a Conditional Use Permit to Allow
For a Service Bay in Conjunction with an Auto Accessory Store
City Planner Tom Lovelace presented the request from Midwest Auto Salon for a
conditional use permit to allow a 17' x 21' service bay for installation of automotive
window tint in conjunction with an Auto Accessory Store located at 7604 147tH
Street West. The store offers retail car customizing parts, such as body kits, lighting,
suspension exhaust components, and wheels.
A public hearing for this request was held on August 18, 2004. Lovelace addressed
the concerns and questions raised by the Commission from the public hearing.
Lovelace reported that a 10.5 ft. wide one-way northbound drive aisle is located
approximately 11.5 feet from the west side of the building. Vehicles park along the
west side of the building, as well as the east side of the building located directly to
the west of Midwest Auto Salon store. Because traffic will be moving in and out of
the service bay, Lovelace recommended that parking adj acent to the west side of the
Auto Salon building be prohibited.
Lovelace informed the applicant that the trash container located directly to the south
of the service bay garage door should be relocated to a spot that will not conflict with
traffic utilizing the tinting service or placed in an enclosure constructed of similar
materials as the building. Another option would be to keep the trash container within
the building.
Forty-five parking spaces are available for the 14,200 sq. ft. two-story building.
Eighty (80) parking spaces would be needed if the building were to be fully
occupied. Parking is adequate for this proposal and the uses currently occupying the
building. However, the number of spaces does limit the amount of building space
that can be occupied at any one time.
Anthony Nguyen and Qui Bui, owners of Midwest Auto Salon, stated that they felt
that limitations as to the services they can provide are not fair. They do not want to
be limited to auto window tinting but would also like to provide other non-
mechanical services as well. Chair Edgeton explained to the applicants that auto
window tinting is what they requested in their Conditional Use Permit. Edgeton
stated that if they want to change the use, they have the option to withdraw this
proposal and reapply with the new uses, or try to amend the CUP after approval at a
later date.
Nguyen stated that in regard to the trash can having to be relocated or put in an
enclosure constrncted of similar materials as the building or within the building, they
did not feel it was fair since other tenants and businesses aze not in compliance.
Chair Edgeton explained that the building. is apre-existing, non-compliant structure
and when the use of such structure is changed, it has to be brought into compliance
with the current ordinance.
Nguyen also objected to the no pazking on the west side of the building. Ae stated
that there is adequate space for two cars to the north of the service bay.
Commissioner Churchill stated that she feels that prohibiting parking to the north of
the service bay would be unfair. Chair Edgeton stated that she is not comfortable
with pazking any cars north of the service bay in the drive aisle due to traffic
circulation patterns. of neighboring businesses loading and unloading. Edgeton also
requested that designated parking spaces in the rear of the building be identified for
cazs waiting to be tinted or picked up, as proposed by staff during the public hearing.
Lovelace reported that staff is recommending approval of the conditional use permit
in conjunction with an auto accessory store with the conditions outlined his report.
MOTION: Commissioner Churchill moved, seconded by Burke, to recommend
approval of a conditional use permit to allow for a service bay in conjunction with an
auto accessory store subject to the following conditions:
• The conditional use permit shall apply to the facility at 7604 147a' Street
West.
• Such operations shall be conducted in conformance with the floor plan for the
building at 7600-16 147a' Street West dated July 22, 2004, on file at the City
Offices.
• Installation of automotive window tint shall be the only operation allowed
within the service bay.
• Access to the service shall be gained entirely from the property on which the
service bay is located.
• Outdoor overnight vehicle parking on the premises shall not be allowed.
• Prior to commencement of the automotive window tinting operation, the
parking lot shall be striped to delineate the parking spaces, the area along the
west side of the building shall be properly striped to indicate no parking, and
the concrete barriers shall be removed.
• The trash container shall be stored inside the building or a trash enclosure
constructed of materials similar to the building shall be erected prior to the
start of the automotive window tinting operation.
• A permanent wall that separates the service bay from the sales area shall be
constructed in accordance with the International Building Code and shall be
inspected by the City prior to the start of the automotive window tinting
operation.
The motion carved 6-0.
MOTION: Commissioner Churchill moved, seconded by Schindler, to recommend
approval of a CUP with additional conditions regarding parking such that parking of
vehicles along the west side of the building shall be prohibited to the south of the
service bay door but permitted to the north of the service bay door and also that
adequate designated parking either in the rear to the south of the building or to the
north of the service bay door be marked for those vehicles either waiting for or
having completed service. The motion carved with 4 ayes, 2 nays.
B. Home Depot CUP -Consideration of Two (2) Conditional Use Permits to Allow
for Outdoor Storage and an Amendment to the Timeframe of an Existing
Conditional Use Permit for the Seasonal Outdoor Display
Tabled at the request of the Petitioner.
C. Legacy Village North Townhomes -Site PlanBuilding Permit Authorization to
Allow Construction of 96 Townhouse Dwelling Units
City Planner Tom Lovelace presented the request from the Hartford Group for site
plan building permit authorization to allow the construction of two 18-unit and three
20-unit townhouse dwellings on five lots that vary in size from .63 to .68 acres. The
area is part of the 25-acre Legacy North mixed use development located at the
northeast corner of 153' Street West and Galaxie Avenue.
The site is zoned "PD-739" (Planned Development). The zoning allows for a
maximum of 25 units per acre as a permitted use. The proposed townhouse
development on the five lots has a gross density of 29 units per acre and the
individual lot densities range from 26 to 32 units per acre. The applicant will have to
either reduce the number of dwellings units or amend the ordinance.
Lovelace reported the buildings will have back-to-back units with each having their
main entrance from a public or private street, or internal pedestrian sidewalk.
Underground parking will be available to all buildings with each dwelling unit
provided with two underground parking spaces. Guest parking will be available on
the public or private streets surrounding the building.
The plan indicates a flagstone patio in front of each unit, which is consistent with the
guidelines in the Central Village Plan. Retaining walls will be constructed in front of
all the units that have direct public street access. Lovelace was concerned that these
retaining walls may adversely impact the development's snow storage capabilities.
The Central Village Design Controls indicate that there shall be no more than two
groupings or clusters of any given house type in any quadrant of the development
and there shall be no less than two different house types per block. It appears that
much of the housing types are identical and is not consistent with the concept layout
reviewed and approved by the City. Commissioner Churchill stated that this has
happened before where the applicant shows a different plan that what was originally
approved. Lovelace has requested the applicant explore the possibility of revising
the exterior elevations to the proposed buildings. Chair Edgeton requested seeing
colored renderings of the plan and that the applicant provide more variety of to the
elevations.
Commissioner Schindler requested an update on the development of the park land.
Lovelace responded that the City will be developing the park. Lovelace will check
with Randy Johnson, Director of Parks and Recreation, as to what is being planned
for the park.
The Natural Resources Coordinator has reviewed the landscape plans. The applicant
should make the necessary revisions to the landscape plan per the Coordinator's
comments.
The City Engineer has reviewed the grading and utility plan and no major issues
were identified. A Natural Resources Management Permit is required prior to any
grading activity.
Patrick Sarver, representing the Hartford Group, stated that he will continue working
with staff on the elevations/intent of the buildings and will work with the Director of
Parks and Recreation to provide a unique park experience.
Staff recommended that no action be taken tonight. The Commission directed staff
to meet with the applicant to work on revisions to the plans, particularly the
elevations and landscape plan.
7. OTHER BUSINESS
None.
8. ADJOURNMENT
MOTION: Commissioner Hadley moved, seconded by Churchill, to adjourn the meeting at
9:03 p.m.