Loading...
HomeMy WebLinkAbout10/06/2004CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES OCTOBER 6, 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, Jearurure Churchill, David Schindler, and Tom Melander 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. There being none, she called for its approval. MOTION: Commissioner Melander moved, seconded by Churchill, to approve the Agenda as amended. The motion carried 6-0. 3. APPROVAL OF MINUTES OF SEPTEMBER 15, 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 Burke, to approve the minutes of the September 15, 2004, meeting. The motion carried 5-Q, with Commissioner Melander abstaining. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS None 6. LAND USE/ACTION ITEMS A. Valley Oaks Estates -Consideration of a Proposed Subdivision of 12 Acres Into 17 Single Family Lots Associate City Planner Margaret 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 are 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. A public hearing for this item was held September 15, 2004. Dykes presented a synopsis of the questions received during the hearing and staff's response. A copy was also included in the Commission's packet. Dykes reported that the Erickson and Radichel parcels are already zoned "R-3", therefore, 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. Staff believes that the proposed rezoning of the Andersen property is consistent with the zoning and lot sizes in the surrounding neighborhood. 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 largest lot 21,358 sq. ft. Dykes reported the subdivision will require the extension of Gossamer Way to intersect with 138`h Street. The extension will require the construction of Gossamer Way on City-owned property. The City will need to be a signatory on the final plat. A Natural Resource Management Permit will be necessary. The site contains slopes that are as steep as 50% in some areas. Significant mass grading will be necessary and many of the significant trees will be removed. The revised tree removal plan shows that the site contains 402 significant trees (trees over 8" in diameter). The tree removal plan shows that 194 significant trees will be removed during the mass grading of the side, which is a loss of 48%. This number does not include trees that will be removed when houses are constructed. An additiona1618 caliper inches of trees will be lost when houses and sidewalks are constructed. The total tree loss is 3,164 caliper inches, which is a loss of 60% of the significant trees on the site. Granting variances could save 8 additional trees. Eliminating the grading for infiltration ponds also reduces the number of trees removed. Commissioner Churchill thanked the developer for trying to save as many trees as possible. 2 Pat Carpenter, with James R. Hill, Inc., stated that the developer could try and save more trees along the major roads but staff informed Carpenter that variances aze not granted along major roads. Commissioner Churchill asked the developer to review the possibility of shifting the homes in the southern cul-de-sac (Lot 8, Block 3) to save more trees: Carpenter responded that he will review the plans and see if it is a possibility. Dykes reported that staff is recommending approval with the conditions outlined in her report. MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval of a rezoning of the approximatelytwo-acre property located at 13784 Greenland Avenue from "M-3A" (Multiple family/3-6 units per acre) to "R-3" (Single Family Residential/minimum lot size of 11,000 sq. ft.). The motion carried 6-0. MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval of the proposed subdivision of approximately 13 acres into 17 single-family lots as shown on the preliminary plat of Valley Oaks Estates dated July 26, 2004, subject to the following conditions: a. The final plat for Valley Oaks Estates must show the entire right-of- way for Gossamer Way. The City of Apple Valley and all property owners must be signatories to final plat. b. The developer and future owners shall ensure that five-foot (5') wide sidewalks are installed on both sides of the proposed extension of Gossamer Way from its current terminus to 138a' Street West. c. The applicant and future owners shall pay park and pond dedication fees for Lots 1-6, Block 2, and Lots 1-9, Block 3, based on the uniform land valuation in place at the time of fmal plat approval. d. The applicant and future owners of the development shall apply for Natural Resources Management Permits for the mass grading of the extension of Gossamer Way development and for each individual lot when a building permit is requested. All NRMP requests shall correspond to the revised grading plan received in City offices September 28, 2004. e. The applicant and future owners shall plant a buffer of trees on the east side of subject development abutting Cedar Avenue. The buffer shall consist of a minimum of 112, six foot Black Hills spruce planted in two rows with 56 trees in each row. The trees shall be staggered so that they provide a screen for the subject development. f. The applicant and future owners shall plant a minimum of one, two- inch tree per lot. The motion carried 6-0. MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval for variances to reduce the front setback from the required 30 feet to 20 feet for the houses that will be build on Lots 1-7, Block 2, and Lot 8, Block 3, to save eight (8) additional trees in the northern cul-de-sac and a potential 2-3 trees in the southern cul-de-sac. The motion carried 6-0. B. 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: 1) Measuring building heights from the first above-grade habitable floor; 2) Clarifying the number of detached gazages and accessory buildings permitted on a single family residential lot; 3) Permitting the placement of temporary buildings, dumpsters, trailers, etc., on lots in all zoning districts during construction; 4) Requiring the construction of infiltration ponds and rain gardens; 5) Capping the maximum impervious surface allowed on asingle-family residential lot at 35%; 6) Clarifying the number of and duration of garage sales; and 7) 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 concems about four of the proposed changes. Staff addressed those concerns and presented modifications at the September 15, 2004, Planning Commission Meeting based on the Commission's input. These changes have now been included in the draft ordinance. The zoning code will be amended as follows: 1) The City will calculate the height of a building from the first above- grade habitable floor, rather than from grade. 2) Asingle-family residential lot will be allowed one accessory building not. to exceed 750 sq. ft. and one accessory building not to exceed 120 sq. ft. Landscape features, play equipment, and temporary structures which are easily movable, such as tents, will not count towards the number of accessory buildings on a lot. 3) Temporary buildings, dumpsters, trailers, and other temporary structures necessary for construction will be allowed on lots in all zoning districts only during construction and must be removed when construction is complete. Dumpsters must be removed when full. 4) All new, redeveloped, or expanded commercial, industrial, multiple residential and institutional development will be required to construct infiltration ponds and rain gardens. 5) The maximum impervious surface allowed on asingle-family residential lot will be capped at 35% of the lot area. 6) Garage sales will be limited to three per residence per calendar year, and each sale shall not exceed three consecutive days. 7) The zoning code will now govern the location and site design of antennas and towers. MOTION: Commissioner Melander moved, seconded by Churchill, to recommend approval of the draft ordinance amending Chapter 155 of the Code of Ordinances. The motion carried 6-0. C. Home Depot CUP -Consideration of Two (2) Conditional Use Permits to Allow for Outdoor Display and Sales of Propane and an Amendment to the Timeframe of an Existing Conditional Use Permit for the Seasonal Outdoor Display City Planner Tom Lovelace presented the request from Home Depot for a conditional use permit for outdoor storage ofpropane tanks and an amendment to the time frame for their outdoor display conditional use permit. Home Depot had originally requested a conditional use permit to allow establishment of an outdoor screened storage area but has withdrawn that request. Lovelace reported a public hearing was held on this item on August 18; 2004. No comments were received from the public but the Planning Commission had several comments. Based upon comments expressed by the Planning Commission and staff, Home Depot decided it would be in their best interest to reconsider the propane tank storage proposal and instead request an amendment to the existing outdoor garden conditional use permit to allow for propane tank display and sales within the garden center where it was initially located. Currently, only goods and products related to gardening and/or landscaping aze allowed to be displayed in the garden center. Therefore, an amendment to the existing conditional user pemrit to include propane tanks would be necessary. The Commission is still concerned about the possibility of someone waking into the store with a propane tank, which would be a safety issue. Lovelace stated that one of the conditions of the conditional use permit would be that all propane tank exchanges be performed by a Home Depot staff person and shall be conducted in the outdoor garden center area. Another issue brought up at the public hearing was that due to a high turnover rate with store managers, the conditions of the existing conditional user permits are not adhered to. Chair Edgeton recommended that a stipulation be put in the conditional user permit that when a new store manager is hired, they must contact the City within a certain time period to review the conditional use permits. Home Depot is requesting an amendment to the existing temporary display area conditional use permit. The request is to change the outdoor display time period from its current April 15 to June 15 and August 15 to October 1, to April 15 through August 2. Home Depot's peak time for live plant material sale is during the spring thru mid-summer, with a significant decrease during the late summer and early fall. The total number of display days in the proposed amendment would be the same as what is currently allowed. Lovelace reported staff is recommending approval of both requests with the conditions outlined in his report. MOTION: Commissioner Churchill moved, seconded by Hadley, to approve an amendment to the outdoor garden center conditional use permit to allow for propane tank display within the outdoor garden center, subject to the following conditions: • A maximum floor area within the outdoor garden center of 100 sq. ft. shall be devoted to propane tank display and storage. • All propane tanks shall be stored in locked steel-mesh cages, which shall be suitably anchored to the ground. • All propane tank exchanges shall be performed by a Home Depot staff person and shall be conducted in the outdoor garden center area. • "No Smoking" signage shall be installed to the satisfaction of the Fire Marshal. • Home Depot shall require any new store manager to contact the City within 15 days to review the details of the Conditional Use Permit. The motion carried 6-0. MOTION: Commissioner Churchill moved, seconded by Hadley, to approve an amendment to change the temporary outdoor display time period from its current April 15 to June 15 and August 15 to October 1, to Apri115 through August 1. The motion carried 6-0. 7. OTHER BUSINESS A. Egret Lodge -Cobblestone Lake 3~d Addition, Outlot B -Sketch Plan Review of a 14-unit Townhouse Development City Planner Tom Lovelace presented a sketch plan of a 14-unit townhouse development from Tradition Development. The townhouse project would be located in the Cobblestone Lake development on an approximately 2.4 acre site. Lovelace reported the site is currently zoned "PD-703/Zone 5" which is intended for high density townhomes and aparhnents with a maximum overall density of 24 units per acre. The original concept plan indicated the area was intended for 10 units per acre. A rezoning would be necessary before this project could proceed. The site is currently platted as an outlot. Replatting is also necessary before development could occur. The site plan indicates that the units will be located adjacent to Cobblestone Parkway and set back between 10 feet and 60 feet. The planned development ordinance limits front yard setbacks to a maximum of 25 feet along local streets to bring the dwelling units closer to the street. Lovelace stated that the applicant should rethink the placement of these units, as well as the drive that will serve the units. Lovelace suggested possibly a multiple drive accesses to serve the units similar to what was done with the twin homes to the east of the proposed site. The front entrances on nine of the 14 units are off a 14 foot wide private drive. Staff is recommending the private drive be designed as a private street that would include widening to a minimum of 24 feet with curb and gutter, and sidewalks. Commissioner Churchill asked if the trail system along the lake would be for bikes and pedestrians. Lovelace responded that it would be for both. A lodge is shown on the colored site plan but is not shown on the concept site and landscape plans. Building elevations indicate a classic craftsman style similar to dwelling units that have been constructed in the Cobblestone Lake Development. Commissioner Schindler stated that he would like to see elevations for the backs of the homes. Lovelace reported that no official action is needed from the Commission. The applicant is merely seeking input before presenting a formal proposal. Chair Edgeton commented that she would like to see the homes moved to the street side with the garages on the back side. Jake Enebak, representing the applicant, stated that they would be willing to move the units closer to the street and have one driveway for two units. Al Maas, with Meadowcraft Homes, stated that he didn't know if he could make some of the suggested changes the Commission requested. He stated it will take away from what they are trying to accomplish. Chair Edgeton reminded Maas that the plan must be acceptable to the Commission. B. Valley Buick/Pontiac Ribbon Cutting Grand Re-Opening Community Development Director Rick Kelley reported that Valley Buick/Pontiac has completed their renovations and will be having a Ribbon Cutting Grand Re- opening on Thursday, October 14th, from 4:30 - 6:30. 8. ADJOURNMENT MOTION: Commissioner Hadley moved, seconded by Churchill, to adjourn the meeting at 8:16 p.m.