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HomeMy WebLinkAbout09/15/2004CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES SEPTEMBER 15, 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, and David Schindler 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 Burke, to approve the Agenda as amended. The motion carried 5-0. 3. APPROVAL OF MINUTES OF SEPTEMBER 1, 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 Churchill, to approve the minutes of the September 1, 2004, meeting. The motion carried 5-0. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS A. Valley Oaks Estates -Consideration of a Proposed Subdivision of 12 Acres Into 17 Single Family Lots Chair Edgeton opened the public hearing with the standard remarks. Associate City Planner Mazgazet Dykes presented the request from Bart Homes, LLC, for rezoning of atwo-acre parcel from "M-3A" (Multiple family residentiaU3- 6 units per acre) to "R-3" (Single family residentiaUminimum lot size of 11,000 sq. ft.) and subdivision by preliminary plat of 13 acres for 17 single family residential lots. The unplatted parcels aze generally located east of Pennock Avenue, north of 138' Street West, and south of Gossamer Way. The three property owners, Erickson, Radichel, and Andersen, have agreed to the development proposals. Dykes reported that the Erickson and Radichel pazcels are already zoned "R-3" so no rezoning is required of these properties. The Andersen parcel is zoned "M-3A", and will require a rezoning in order for the proposal to be approved. The four unplatted parcels included in this proposal total 13 acres. The preliminary plat shows the subdivision of the subject parcels into 17 single family lots. Sixteen (16) lots are to be standard suburban lots used for single-family residences. The Radichel lot will be reconfigured from its current "L" shape to a rectangle, and will remain approximately 4.85 acres. After reconfiguration, the Radichel lot will remain single family. The Radichel's plan to continue residing on the property. All lots meet the minimum lot area requirement, with the smallest lot equaling 14,498 sq. ft. and the lazgest lot 21,358 sq. ft. Dykes reported the subdivision will require the extension of Gossamer Way to intersect with 138`" Street. Gossamer Way currently terminates north of the Erickson property. The extension will require the dedication of the western-most 20 feet of Wallace Park for right-of--way, as well as Lot 6, Block 7, The Oaks of Apple Valley II, which was acquired for right-of--way purposes. Because the extension of Gossamer Way will be located on City-owned property, the City must be a signatory on the final plat. The final plat must show right-of--way for Gossamer in its entirety. The City Engineer has reviewed the proposal. His comments are outlined in a memorandum to the Commission. A Natural Resource Management Permit will be necessary. The site contains slopes that are as steep as 50% in some areas. Due to the steep topography of the site, much of the area must be mass graded, and many of the significant trees will be lost during the grading. Mass grading is also necessary for the proposed extension of Gossamer Way in order to match the new road with the grade of the existing road. The site also contains 410 significant trees (trees over 8" in diameter). The tree removal plan shows that 345 trees would have to be removed. This is a loss of 84%. The loss is significantly greater than the 50% tree loss maximum that the City uses as a guideline. However, because of the steep topography on the site, it would be extremely difficult to meet the 50% loss guideline. In addition, at least 1/3 of the significant trees are located in the rights-of--way for Gossamer Way and the two cul- de-sacs. City staff will continue to work with the applicant in order to reduce the number of trees that would be lost. Commissioner Churchill suggested staff review the types of trees to be removed and see if a variance or a repositioning of the homes would save more trees. Commissioner Hadley asked if custom grading the site would save more trees. Commissioner Hadley asked if custom grading the site would reduce tree loss. Dykes responded that the lots will be custom graded but the grading will not have a significant impact on tree preservation. Assistant City Engineer Jacob Fick added that most of the tree loss will occur in the northwest area of the site. In addition, there is not a lot of flexibility due to the significant grading that has to occur. Dykes stated that each lot will also be required to have a Natural Resources Management Permit which will show the grading on each lot. Chair Edgeton asked about the retaining wall shown on the park property. Edgeton suggested staff work with the applicant and the City's Park and Recreation Department to see if the retaining wall can be eliminated. Assistant City Engineer Fick stated that he will continue to work with the developer to see if the retaining without it affecting the extension of Gossamer Way. Pat Carpenter, with James R. Hill, Inc., stated that the developer will continue working with staff to explore ways to save trees and eliminate the retaining wall in the pazk. Chair Edgeton reminded staff and the developer to give careful consideration of the residents in this azea. Chair Edgeton asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. Tom Szymanski, 13575 Gossamer Way, asked about the sidewalk plans along the new extension of Gossamer Way. Dykes informed Szymanski that the new extension of Gossamer Way will have sidewalks, but the existing area will remain the same and not have sidewalks. Szymanski inquired about the process for informing residences if sidewalks were to be installed in the future. Dykes explained that a petition would be required, an assessment hearing held, and an assessment policy set forth. The Commission also received correspondence from Joel Thompson, 13421 Cedar Avenue, requesting money be appropriated to install a sound wall between Cedar Avenue and the frontage road located near his home. The Commission directed staff respond to Thompson and inform him that his request is not within the jurisdiction of this project. Chair Edgeton closed the public hearing with the standard remarks. The Commission requested staff and the developer provide a more detailed tree plan indicating the types of trees lost, a detailed grading plan including setbacks, and more information on the infiltration system. 6. LAND USE/ACTION ITEMS A. Amendments to Zoning Regulations Associate City Planner Margaret Dykes reported that on September 1, 2004, the Planning Commission held a public hearing regarding a number of proposed changes to the zoning code that are necessary to comply with state statutes and to clarify the intent of the Zoning Code. The proposed amendments related to the following: • 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. No comments were received from the public during the public hearing. However, the Planning Commission had several concerns about four of the proposed changes. Staff took those comments into consideration and at this time, would like to continue dialogue with the Commission to ensure the proposed amendments are thoroughly analyzed. Staff is not comfortable at this time making a recommendation. If the Commission concurs, staff will make a recommendation at the October 6, 2004, Planning Commission Meeting. The first item was clarifying the number of detached garages and accessory buildings permitted on a single family residential lot. The Commission expressed several concerns with the proposed change to the language governing accessory structures. The Commission felt the 750 sq. ft. maximum for an accessory structure was too lazge for a typical single-family lot. The Commission was also concerned about maintenance of such structures and where the larger accessory structures could or should be located on a lot. Dykes stated that at the last meeting she did not give enough background information on the current code. She felt that some of the concerns and issues that the Commission brought forth were a result of not having that information. Dykes reviewed the code in detail and continued to have dialog with the Commission about the proposed amendment. Commissioner Churchill stated that she is puzzled over the definition of a structure. Churchill asked if a structure would include statutes or landscape features and if so, she would like to see this specifically addressed in the code. Dykes stated that a temporary structure such as landscape features or a statute would not count towards the number of accessory buildings on a lot. 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, particularly in relationship to the length of time a temporary dumpster can be located on the site. Dykes explained that state statute allows a building permit to remain active provided the permit holder is making significant progress. The third azea of concern was the number of garage sales per calendar year. Staff revised the code to state that garage sales be limited to three per residence per calendar year, as recommended by the Commission. The last item was regarding antennas and towers for communications equipment. Dykes reported that current code does not address antennas or towers. The Commission felt that the City might be too restrictive as to the placement of antennas and communication equipment. After further review and discussion of the ordinance, the Commission felt that the language proposed by staff was adequate to govern the location and site design of antennas and towers. Dykes stated that staff will incorporate the additional modifications brought forth tonight and review them again at the next meeting along with recommended action. B. Summerfield Townhomes 2"d Addition -Subdivision and Site Plan/Building Permit Authorization to Allow Construction of Four (4) 2-unit Townhomes 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 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. A public hearing was held on this item on September 1, 2004, during which only one public comment was received regarding traffic visibility and the need for a traffic signal. Lovelace addressed this comment in his written report to the Commission. Lovelace reported that Surnmerfield Townhomes 2"d 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 was required. Lovelace stated that part of any approval of the preliminary plat will be subject to a small triangular piece of property abutting the east property line incorporated into the final plat, and the dedication of a one (1) foot easement to restrict direct driveway access to Galaxie Avenue. This would also accomplish the minimum building setback of 50 feet from Galaxie Avenue for Lots 3 and 4. They presently do not meet the minimum setback. Lovelace reported an existing home, several outbuildings, and driveways will need to be removed prior to grading, street and utility installation, and building construction. Any well or septic system on the site should be sealed or removed. A 170 ft. long retaining wall located on the east side of the side of the property should be removed as part of this development. The Assistant City Engineer has reviewed the grading and utility plans. His comments were addressed in a memo to the Commission. The Natural Resources Coordinator reviewed the landscape and tree preservation plans. There are a total of 70 significant trees on the site and 39 aze 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. MOTION: Comrissioner Burke moved, seconded by Churchill, to recommend approval of the preliminary plat for SUMMERFIELD TOWNIIOMES 2ND ADDITION, subject to: • A blanket drainage and utility easement shall be dedicated over Lot 9 on the final plat. • Drainage and utility easements shall be dedicated on the final plat over all utility extensions. • Incorporation of the triangular piece of property located along Galaxie Avenue into the final plat. The motion carried 5-0. MOTION: Commissioner Burke moved, seconded by Churchill, to recommend approval of the site plan building permit authorization to allow for the construction of four 2-unit townhouse buildings subject to: • The vertical exposed exterior finish of each building shall consist of at least 50% ofnon-combustible, non-degradable, and maintenance-free construction materials such as face brick or natural stone. • No building permits for new construction shall be issued until all existing buildings and driveways aze removed, water well sealed, and septic system properly removed or abated. • All minimum building setbacks shall be met. • The existing retaining wall along the east side of the site shall be removed. The motion carried 5-0. C. Home Depot CUP -Consideration of Two (2) Conditional Use Permits to Allow 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. D. Legacy Village North Townhomes -Site Plan/Building Permit Authorization to Allow Construction of 96 Townhouse Dwelling Units Tabled at the request of the petitioner. OTHER BUSINESS None. 8. ADJOURNMENT MOTION: Commissioner Hadley moved, seconded by Churchill, to adjourn the meeting at 8:16 p.m.