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HomeMy WebLinkAbout08/03/2005CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES AUGUST 3, 2005 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, Jeannine Churchill, Thomas Helgeson, Tim Burke, Tom Melander, and *David Schindler *Commissioner Schindler arrived at 7:04 p.m. Members Absent: Jim Hadley Staff Present: City Planner Tom Lovelace, City Attorney Sharon Hills, Associate City Planner Kathy Bodmer, Associate City Planner Margaret Dykes, and Assistant City Engineer Colin Manson 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 Churchill moved, seconded by Melander, to approve the Agenda. The motion carried 5-0. 3. APPROVAL OF NIINUTES OF JULY 20, 2005 Chair Edgeton asked if there were any changes to the minutes. There being none, she called for its approval. MOTION: Commissioner Churchill moved, seconded by Burke, to approve the minutes of the July 20, 2005, meeting. The motion carried 5-0. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS A. Eddie Cheng's Restaurant CUP -Consideration of a Conditional Use Permit and a Variance to the Required Parking to Allow for a Class II (Carry Out) Restaurant in the "RB" (Retail Business) Zoning District Chair Edgeton opened the public hearing with the standard comments. City Planner Tom Lovelace presented the request from Zhong Qun Zheng and Galaxie Commons, LLC, for a conditional use permit (CUP) and variance from the minimum parking requirement to allow for a Class II (carry out) restaurant. Lovelace reported the restaurant will occupy approximately 1,100 sq. ft. of an existing 15,360 sq. ft. multi-tenant retail building, located in the northwest corner of Galaxie Avenue and 153rd Street West. The building is currently occupied by Hirschfield's Dunn Bros. Coffee Shop, Valley Cleaners and Tailors, and Fajita's Southwestern Grill. The 1,100 sq. ft. of space currently vacant would be occupied by the proposed restaurant. Staff is recommending that if the conditional use permit is approved, it should include a condition that states no drive-thru facilities shall be permitted and ventilation equipment that minimizes the release of grease and smoke shall be installed. Lovelace reported that the applicant is also requesting a variance from the minimum pazking requirement of 1 space per 150 sq. ft. of floor area which would require that the proposed restaurant have 6 pazking spaces. The Galaxie Commons building has 100 off-street pazking spaces available and the current uses have a parking demand for 99 of those spaces. That leaves 1 parking space for the remaining vacant space. Lovelace reported that in order to approve a variance, the City must fmd that `...special conditions applying to the structures or land in question are particular to such property, or immediately adjoining property, does not apply generally to other land or structures in the district, and the variance would not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable hardship or difficulty. Lovelace stated the pazking space availability situation has been created by the increase demand for parking generated by the two existing restaurants in the building. Dunn Bros. Coffee Shop requires 18 parking spaces and Fajita's Southwest Grill requires 55 spaces. In addition, Lovelace stated that the originally the parking was calculated as a retail building. The two existing restaurants have absorbed the pazking. If the building were retail, a minimum parking demand would be 33 spaces. The parking situation has been created by the landowner and, therefore, does not meet the hardship test. Commissioner Churchill requested staff get the hours of operation of each of the existing tenants. Churchill also asked if any cross-parking could be done with the neazby Culver's restaurant. Chair Edgeton asked if any on-street parking is available on Galaxie and if there were plans for any bump-out pazking along Galaxie adjacent to the site. Assistant City Engineer Colin Ailanson stated that there are no plans for bump-out pazking adjacent to the site. Edgeton asked would the parking situation be helped if employees could pazk on the private road located to the west of the site. Lovelace stated that employees could park on the private road located to the west of the site but it would only be a temporary fix because the private street is counted as part of the Harmony Commons portion of the Central Village Plan. Commissioner 2 Schindler asked if the road would remain private in the future. Lovelace stated that there have been talks about making it a public road. The Commission requested staff have the City's Traffic Consultant perform a parking analysis with emphasis on carry-out restaurants. Commissioner Helgeson commented that the Central Village Plan is to encourage walking and that long term, as the plan evolves, the parking demand might not be as great as it is today. Randall Pedersen, the applicant, stated that he does not have a problem with the City installing bump-out parking and had originally requested it. Commissioner Helgeson asked if the City would be willing to install bump-out parking along Galaxie adjacent to the subject property. Manson stated that the staff could look into it, however, there would be costs incurred for the developer. Pederson stated that he feels the restaurant would be an asset to the development and the City and would like to explore options with staff to address the concerns of the Commission and meet City code. Chair Edgeton asked if anyone from the public would like to speak, and if so, they may do so at this time. No public comments were received. Chair Edgeton closed the public hearing with the standard remarks. It is the policy of the Planning Commission to refrain from acting on an item the same night as its public hearing. Chair Edgeton stated that staff should continue to work with the applicant to see if options might be available to solve the parking issue. B. Barton Building CUP -Consideration of a Conditional Use Permit to Allow for Outdoor Storage as Part of a 16,000 sq. ft. Office/Warehouse Building on a 2.1 Acre Lot Chair Edgeton opened the public hearing with the standard comments. Associate City Planner Margaret Dykes, presented the request from JAM Business Properties, for a conditional use permit (CUP) for outdoor storage of commercial vehicles for the recently approved James Barton Building. The 11,500 sq. ft. storage area would be located on the southeast end of the parking lot of the future building. Dykes reported the applicant is requesting a CUP for outdoor storage of commercial vehicles on a patted parcel located southeast of the intersection of Johnny Cake Ridge Road. The property is zoned "I-1" (Limited Industrial), which allows for outdoor storage of vehicles provided the items to be stored outside are screened. The applicant would like to store up to 16 commercial vehicles in the storage area. There is sufficient parking on the proposed plan, 40 spaces for occupants of the building and 16 spaces for outdoor storage. A fence is indicated on the plan but the applicant did not indicate the height of the fence or the fencing materials. City code requires the stored vehicles to be screened behind an attractive solid fence, wall, or opaque landscaping or berm. The applicant submitted a letter stating they would like 3 to surround the storage area with a 5'-6'-tall aluminum fence. Dykes stated that the fence has fairly wide gaps between posts, and would not screen the proposed outdoor storage area. The applicant also proposed the possibility of vinyl fencing, although the applicant feels this is a much less preferred material. Dykes stated that the City has approved CUPS for outdoor storage of vehicles by requiring the use of solid fencing screening the outdoor areas. If the applicant is averse to using an opaque fence, the storage area should be delineated with a 6'-tall aluminum fence and a variety of landscape materials should be used to screen the area. The fence should also be composed of maintenance-free material. Chair Edgeton stated that a lot of landscaping would be needed to fill in the gaps between an aluminum fence. In addition, Dykes stated that the proposed storage area is on asphalt and, therefore, could not be landscaped. Commissioner Helgeson stated that the vinyl fence would be a maintenance issue and that a vinyl fence would be suitable since they usually have a life time warranty. James Madsen, the applicant, asked if a wrought iron fence screened by with landscaping would be acceptable. Chair Edgeton stated that landscaping is not an option due to the location of the storage area. Dykes responded that the fence has to be opaque and the City's practice has been to require maintenance-free material. Commissioner Helgeson suggested the applicant work with staff to figure out the type of fencing. Chair Edgeton asked if anyone from the public would like to speak, and if so, they may do so at this time. No public comments were received. Chair Edgeton closed the public hearing with the standard remarks. It is the policy of the Planning Commission to refrain from acting on an item the same night as its public hearing. Chair Edgeton asked if the Commission was comfortable acting on the item tonight since the fencing issue is the only outstanding issue and no comments were received from the public. The consensus of the Commission was to take action tonight. MOTION: Commission Helgeson moved, seconded by Churchill, to recommend approval of a Conditional Use Permit for the outdoor storage of commercial vehicles in conjunction with an approximately 16,000 sq. ft. office/warehouse building to be located on Lot 1, Block 1, North Star Industrial Park 2"a Addition, as shown on the site plan approved July 28, 2005, in compliance with all applicable City codes and policies, and with the following conditions: • Only commercial vehicles associated with tenants of the primary building shall be stored outside. • The outdoor storage area shall be paved with bituminous or concrete, and screened by a fence approved to staff. Chair Edgeton moved to amend the second condition of the motion as follows: • The outdoor storage area shall be pave with bituminous or concrete, and screened either by a minimum 6' tall opaque maintenance-free fence or a combination of a 6'-tall aluminum fence and evergreen landscaping. Commissioner Helgeson did not entertain the amendment. The original motion carried 6-0. 6. LAND USE/ACTION ITEMS A. Pennock Avenue Office Building -Site PlanBuilding Permit Authorization to Allow for Construction of a 15,000 sq. ft. Medical Office Building Associate City Planner Margaret Dykes presented the request from RJ Ryan Construction/Revestors Group 1, for a variance to increase the height of a building from the maximum 20 feet to 29 feet and site plan review/buildingpeanit authorization for a medical facility. Dykes reported the planned development zoning district allows a maximum building height of 20 feet; the proposed building is 29 feet high. The applicant is requesting a variance to allow for the taller building. No hardship has been presented, nor in staff's opinion, does one exist. Dykes stated that the intent of the planned development was to limit the height of buildings adjacent to residential uses. The nearest resident would be 400 feet from the proposed building. Dykes stated that the City has approved height variances for other buildings in this same zoning district because it was determined that the variances would not negatively impact surrounding uses and the variances were in keeping with the zoning code. The proposed building would not adversely affect the neighboring homes and will be far enough removed from the residential uses. Though there is no hardship related to the site that would justify a variance, staff is recommending that the City could grant a variance based on reasoning that it is in keeping with surrounding properties. In addition, staff will also recommend at a later date that "PD-341, Zone 4B" be amended to reflect the City's policy towards the height of commercial buildings. Dykes reported the applicant is proposing an approximately 15,000 sq. ft., one-story medical facility with a 7,500 sq. ft. basement. The building coverage is 21 %; the maximum building coverage is 30%. The building is located is located on the northwest corner of the site and meets all required building and parking lot setbacks. The entrance to the building faces south and the building is approximately 400' from the nearest resident tc the north. Building mechanicals are shcwn on the east and west sides of the building. The exterior mechanicals are screened by a fence but the plans do not indicate the type of fencing material. This would be necessary to determine if the City code screening requirements are met. The trash enclosure indicated on the plan should be constructed of the same material as the building. 5 There are no pedestrian walkways connecting the building to the public sidewalks on 147th Street West and Pennock Avenue. The plan should be revised to include these connections. The site plan shows the proposed building is to share a stormwater infiltration area with the Goddard School site to the west. According to the plan, the stonnwater infiltration azea is to be expanded and 2 parking spaces are to be removed from the Goddard School site, which would leave that site short of parking. The applicant also has not provided stormwater calculations that show if the infiltration azea is large enough to accommodate the stormwater runoff from both sites. City code requires on-site stonnwater infiltration. The off-site infiltration would require a variance and City review and approval of any agreements between the property owners of the two sites. Dykes stated the building requires 151 parking spaces and 97 spaces are shown on the plan. The parking calculation is based on both the first floor and the basement. Dykes reported that an elevator and two stairwells that access the basement means that the basement could be occupied in the future, although the applicant has indicated that the basement will be used only for storage of files. Because of the possibility that the basement could become occupied space, staff believes there is not sufficient parking to support the proposed building and the use. Access to the pazking lot is from 147`h Street West and Pennock Avenue. Both driveways meet the width and setback requirements. The parking lot is located on the south side of the building. The parking lot is 35;000 sq. ft. City code requires at least 2% of the parking area to be landscaped pazking islands. The plan meets this requirement but the parking is spread out in such a way that it appears as if on attempt has been made to break up the parking. Staff is recommending that the site be reconfigured so that the parking is spread over the site and not aggregated in one azea. The City Engineer has reviewed the grading plan and has minor outstanding issues related to the emergency overflow of the stormwater infiltration and the lack of silt fencing. The Natural Resources Coordinator has reviewed the landscape plan. It does not appear that the landscaping materials shown on the plan equals 2.5% of the cost of the building material based on Means Construction Data. Materials cost sheets for both the building and landscaping materials are required. In addition, the removal of any boulevazd trees currently planted along 147th Street West must be replaced at a 1:1 ratio. Commissioner Churchill stated that she is very concerned about ±he infilfration pond and parking issues and the fact that the applicant was not present to address them. The consensus of the Commission was that this item could not be discussed without the applicant being present, particularly given the fact that there are major outstanding issues. The Commission decided to table this Agenda item. MOTION: Commissioner Melander moved, seconded by Churchill, to table Agenda item 6A, Pennock Office Building, The motion carried 6-0. OTHER BUSINESS A. AVSUR Acres Sketch Plan -Review of a Proposed 7 Lot Single Family Development on 2 Lots Totaling 2.4 Acres Associate City Planner Kathy Bodmer presented a sketch plan review from Healthy Home Builders, LLC, for a proposed 7-lot single family subdivision. The 2 parcels are 13228 and 13238 Pennock Avenue. The two lots tota12.5 acres. Bodmer stated the sketch plan shows that the single family parcels would be served by a private roadway within a 46' wide shared private road easement. The 2 existing homes would be removed. The City's zoning code requires that all single family lots must be served by a public street. The City would have to grant a waiver of the subdivision requirements in order to allow the development to have a private street. Bodmer stated the City rarely grants this type of waiver unless there are extenuating circumstances. The properties aze zoned R-3 which requires a minimum lot size of 12,500 sq. ft. for corner lots and 11,000 sq. ft. for interior lots. All of the lots on the sketch plan are 14,900 sq. ft. However, Lots 1-5 each have an azea of 10,760 sq. ft. including the easement, while Lots 6 and 7 have an area of 9,779 and 9,786 sq. ft. respectively, not including to the easement. Bodmer reported that the City Engineer prepared a sketch showing how a public street with a 50 ft. right-of--way and cul-de-sac bubble could be constructed. The sketch indicates that five lots could be created using this layout. Bodmer stated that staff does not know if there would be enough room for sidewalks. The site is heavily wooded and would need to comply with the requirements of the City's Natural Resources Management Ordinance (NRMO). The City's goal for new development is to save a minimum of 50% of the significant trees in the development. The applicant has not submitted a grading plan and building plans are not shown on the plans, making it difficult for staff to determine how much grading would be required on the site. Bodmer stated that there is no official action required by the Commission. The applicant is seeking feedback from the Commission regarding the proposed development. Chair Edgeton asked if this particular area was looked at d,sirg the City's Comprehensive Plan Review. Bodmer stated no. Commissioner Churchill stated that she recalls a previous proposal for the subject property. She suggested staff review the previous proposal with the Commission if the applicant continues to pursue the project. Commissioner Burke is concerned about the private street. Chair Edgeton pointed out the City is attempting to get rid of private roadways rather than increase them. The shared driveways would also benon-confomung. Commissioner Helgeson would like staff to get the size of surrounding lots. He stated that the proposed lots look a lot smaller than the surrounding lots. Commissioner Melander stated that he looked at the proposed lots earlier and he doesn't see how 50%of the trees can be saved. Commissioner Schindler agreed and felt that 50% of saved trees would be hard to accomplish. Commissioner Churchill is concerned about the neighbors to the north and the fact that there is no room for berrning. Chris English, representing the applicant, addressed the Commission. English stated that he appreciates the Commissions concerns and wanted to know the Commission's feelings on getting this proposal approved. Chair Edgeton stated that the Commission does not advise the applicant as to the possibility of approval or disapproval, but rather addresses the issues associated with the project. Chair Edgeton stated that while she is not advising the applicant as to whether or not to continue with the project, in her opinion, the project would be a very uphill battle. 8. ADJOURNMENT MOTION: Commissioner Melander moved, seconded by Burke, to adjourn the meeting at 8:44 p.m.