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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.