HomeMy WebLinkAbout10/20/2004CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
OCTOBER 20, 2004
CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to Order by Vice Chair
Jeannine Churchill at 7:00 p.m.
Members Present: Jeannine Churchill, Jim Hadley, David Schindler, Tom Melander, and
Thomas Helgeson
Members Absent: Karen Edgeton and Tim Burke
Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace,
City Attorney Sharon Hills, Associate City Planner Kathy Bodmer, Associate City Planner
Margaret Dykes, and Assistant City Engineer Jacob Fick.
2. APPROVAL OF AGENDA
Vice Chair Churchill asked if there were any changes to the Agenda. Community
Development Director Rick Kelley stated the new Planning Commission member, Thomas
Helgeson, should be sworn in as the first order of business.
City Clerk Mary Mueller swore in Thomas Helgeson as the newest member of the Planning
Commission. Helgeson gave a brief bio of himself. Vice Chair Churchill welcomed
Helgeson to the Planning Commission.
MOTION: Commissioner Hadley moved, seconded by Melander, to approve the Agenda as
amended. The motion carried 5-0.
3. APPROVAL OF MINUTES OF OCTOBER 6, 2004
Vice Chair Churchill asked if there were any changes to the minutes. There being none, she
called for its approval.
MOTION: Commissioner Hadley moved, seconded by Melander, to approve the minutes of
the October 6, 2004, meeting. The motion carried 5-0.
4. CONSENT ITEMS
None.
5. PUBLIC HEARINGS
None
6. LAND USE/ACTION ITEMS
A. Spindler Setback Variances -Consideration of a 4' Variance from the Required
Side Yard Setback of 20' and Front Yard Setback Variance of 1' to Allow
Construction of a Garage
Associate City Planner Kathy Bodmer presented the request from Vern and Bernice
Spindler of 13530 Embry Way, requesting a variance to the front Yazd and side yard
setback requirements to construct a 750 sq. ft. detached gazage. The property is
zoned "R-1" (single family, minimum lot size 40,000 sq. ft.) and lies within the
"SH" (Shoreland Overlay) district. The City's zoning code requires a detached
building be located 20' from the side property line in the "R-1"zone and 30' from a
private roadway in the "SH" zone. The Spindlers wish to construct their garage 16'
from the side property line and 29' from the private street.
Bodmer reported the zoning code allows the construction of one detached garage up
to 750 sq. ft. in residential zoning districts. The plans show the garage will be 16'
from the side property line, requiring a 4' variance. The. "R-1"zoning district has no
provision for a front yard setback from a private street, however, the "SH" zoning
district requires a minimum 30' setback from a "private roadway." The setback for
private roads is taken from the road itself. Bodmer reported the Spindlers garage is
located 29' from the edge of the private road, requiring a 1' variance. At the same
time, the garage is located only 3' from the edge of the private road easement.
Bodmer stated that the private roadway will eventually be dedicated to the City to
allow City utilities to be extended into the area. She reviewed three scenarios that
demonstrated that the garage will not negatively impact the street if it becomes a
public roadway.
Bodmer stated that the Spindlers selected the proposed location of the garage to save
mature trees on the property. The gazage will be located over 130 feet from the
ordinary high water level of Pilot Pond, well over the minimum 75' minimum
setback from the OHW. Placing the garage closer to the street will result in a shorter
driveway and less impervious surface azea on the property. Commissioner Churchill
asked whether the applicant would construct a second driveway, or would they have
to use the existing driveway. Bodmer confirmed that only one driveway would be
allowed.
In order to grant a variance, the City must determine that special conditions applying
to the structures or land in question are particular to such property or immediately
adjoining property; special conditions do not generally apply to other land or
structures in the district; the granting of the proposed variance will not be contrary to
the intent of this ordinance and comprehensive plan; and granting of the variance
will not merely serve as a convenience to the applicant, but is necessary to alleviate
demonstrable hazdship or difficulty. Bodmer stated that staff is recommending
approval of the variances, in order to save mature trees on the site and minimize
impacts to the Shoreland area of Pilot Pond. She said that staff finds that granting of
this variance will not have a significant impact on the neighboring properties and
will help to improve the situation on the property.
Bernice Spindler, the applicant, stated that they selected the location of the garage to
save trees on the property.
MOTION: Commissioner Melander moved, seconded by Schindler to recommend
approval of a front yard setback variance of 1' from the private street and side yard
setback variance of 4' to allow the construction of a 750 sq. ft. detached garage. The
motion carried 5-0.
7. OTHER BUSINESS
A. Harmony Commons Sketch Plan Review -Three Multi-story Buildings
Consisting of Two Mixed-Use (Residential and Retail) Buildings and a Hotel
Associate City Planner Margaret Dykes presented a sketch plan from New Century;
Inc., for a portion of Harmony Commons, located southwest of the intersection of
153rd Street W. and Galaxie Avenue. The sketch plan shows three building on the
site: The Landmark Tower, located on the comer of 153' Street West and Founders
Way; the Concourse Building, located on the corner of Founders Way and Galaxie
Avenue; and The Grandstay Hotel, located on the corner of Galaxie Avenue and
153`d Street West.
Dykes reported that the Landmark Tower would be a 3-story building with
approximately 28,300 sq. ft. of retail uses on the first floor and 22 apartment units on
the second and third floors. There will be 16two-bedroom and 6one-bedroom
apartments in the building. The Concourse Building would also a 3-story building
with approximately 22,200 sq. ft. of retail uses on the First floor and 22 apartment
units on the second floor and third floors with the same configuration as the
Landmark Tower. Dykes reported that both of these buildings would be consistent
with the Central Village Plan. They both have flat roofs, which convey an urban
center feeling, stronger corner features, and a mix of material. The sketch plan does
not indicate the types of materials to be used. Both have storefronts facing the public
roads, and both buildings have balconies for the residential units.
The Grandstay Hotel is a 3-story, 77-unit resident-suite hotel. The hotel will require
an amendment to the zoning ordinance. There is a drop-off lane covered with a
canopy to be accessed from 153rd Street West. There is also a sport court on the site.
Dykes stated that the elevations of the hotel show that the building is more typical of
suburban developments and does not comply with the Central Village Plan. Staff is
recommending the applicant rework the exterior of the building. The Commission
agreed with staff that the exterior of the building needs to be revised in order to
comply with the design guidelines in the Central Village Plan. The building will be
moved back 3 feet from the sidewalk as a safety measure. The Commission agreed
that even though the guidelines call for the buildings to be close to the sidewalks,
they felt that it would be a good idea to move the building back as a safety measure
to the hotel guests.
The proposed site has 350 parking spaces in an underground garage and 22 surface
parking spaces, for a total of 372 spaces. The zoning code requires 282 spaces for
the development. The number is likely to change as final tenants are determined.
The plan does not indicate how many spaces will be for the hotel and how many
spaces will be for the aparhnents. It is also not clear how the hotel spaces will be
restricted. Commissioners Schindler and Helgeson questioned how access to the
hotel would be gained from the underground parking and if there would be any
restrictions on the elevator use from the underground parking. They also wanted to
know if other tenants would be sharing the parking. Matt Williams, representing the
Grandstay Hotel, indicated that there will be elevator access from the garage level to
the main floor of the hotel. All other access from the garage will be restricted.
Commissioner Churchill stated that she is very pleased to see underground parking
in this area.
The plan indicated two large vents on the plaza. Although venting of the
underground parking is necessary, staff recommends that the applicant find less
obtrusive venting structures and. screen the stmctures. Staff believes there should
also be more landscaping spread throughout the plaza to enhance livability to the
area.
Commissioner Schindler asked if the retailers have individual entrances or can they
be accessed from the inside court area. Jeremy Bork, the architect for the project,
responded that some business will have access from the interior court area and some
will have individual access. Business signage will be posted on both the front and
back sides of the buildings. Commissioner Melander asked if this would be possible.
Dykes stated that the Planned Development ordinance for this area has an entire
section on signage and the developer will have to work within those guidelines.
The Planning Commission informed the staff and the applicant that they are
supportive of the Landmark Tower and the Concourse Building. However, they
have issues with the facade of the Grandstay Hotel's style and architect. It is not
consistent with the design guidelines in the Central Village Plan. The Commission
suggested the applicant continue working on those issues.
8. ADJOURNMENT
MOTION: Commissioner Hadley moved, seconded by Schindler, to adjourn the meeting at
7:49 p.m.
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