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HomeMy WebLinkAbout12/21/2005CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES DECEMBER 21, 2005 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: Tim Burke, Keith Diekmann, Jeannine Churchill, David Schindler, and Thomas Helgeson Members Absent: Karen Edgeton and Tom Melander Staff Present: Acting Community Development Director Tom Lovelace, Assistant City Administrator Charles Grawe, City Attorney Sharon Hills, Associate City Planner Kathy Bodmer, Assistant City Engineer Colin Manson, and Planning Intern Jeff Thomson 2. APPROVAL OF AGENDA Vice Chair Churchill asked if there were any changes to the Agenda. Acting Community Development Director Tom Lovelace stated that he would like to discuss the joint meeting planned between the Planning Commission and City Council under OTHER BUSINESS. Vice Chair Churchill called for approval of the Agenda as amended. MOTION: Commissioner Burke moved, seconded by Helgeson, to approve the amended Agenda. The motion carried 5-0. 3. APPROVAL OF MINUTES OF DECEMBER 7, 2005 Vice Chair Churchill asked if there were any changes to the minutes. There being none, she called for approval of the minutes. MOTION: Commissioner Schindler moved, seconded by Burke, to approve the minutes of the December 7, 2005 meeting. The motion carried 4-0, with Commissioner Helgeson abstaining. 4. CONSENT ITTMS None. 5. PUBLIC HEARINGS A. 2006-2010 Capital Improvements Program -Consider Adoption of 5-Year Capital Improvements Program as an Amendment to the Comprehensive Plan Vice Chair Churchill opened the public hearing with the standard comments. Charles Grawe, Assistant City Administrator, presented the City's 5-year Capital Improvements Program (C1P). Grawe reported that the City prepares a 5-year CIP to establish an anticipated timeframe for physical improvement projects and major equipment acquisitions relative to the need for them and the fiscal capacity to pay far them. The C1P is a planning document intended to,assist policy makers and staff to plan for major capital improvement, renewal and replacement expenditures. Grawe explained the CIP does not bind the City to the anticipated expenditures in the projected years. In addition, the CIP is not a budget, nor is it an authorization to expend funds. The authorization of expenditures occurs through City Council action and in adoption of the annual budget. Grawe stated that the CIP is a planning document and a financial planning document. The CIP document. generally line itemizes outlays that exceed $50,000. The CIP is not intended to be all inclusive of every item categorized as a capital outlay in the annual budget, nor is it intended to anticipate the sporadic purchases of very small tools or equipment. A draft copy of the CIP prepared by the Department of City Administration in consultation with all operating deparhnents was distributed to members of the Planning Commission. Grawe gave an overview of the draft CIP. Vice Chair Churchill asked if anyone from the public would like to speak, and if so, they may do so at this time. No comments were taken from the public. Vice Chair Churchill asked what impact, if any, has the hold on increasing state taxes had in regard to City planning. Grawe stated that although funds from the state have not been growing as fast as cities would like, a certain amount of money is still directed to municipal governments. Vice Chair Churchill closed the public hearing with the standard comments. Grawe stated that staff is recommending approval of the proposed CIP. It is the policy of the Planning Commission not to act on an item the same night of its public hearing. However, since there were no comments from the public and no outstanding issues from the Commission, the consensus of the Commission was to make a recommendation tonight. MOTION: Commissioner Burke moved, seconded by Diekmann, to recommend approval of the proposed 2006-2010 Capital Improvements Program. The motion passed 5-0. 6. LAND USE/ACTION ITEMS A. Knottywoods 3`d Addition -Consider Rezoning from "R-1" (Residential single family/40,000 sq. ft. min.) to "R-3" (Residential single family/11,000 sq. ft. min;); Subdivision by Preliminary Plat to Split Existing Lot Into Two Lots; and Setback and Lot Size Variances for Lot 1 Planning Intern Jeff Thomson presented the request from J.L. Wageman Homes. The applicant wishes to subdivide an existing lot into two sepazate lots and construct a new single-family home. The applicant is requesting a rezoning of Lot 15, Knottywoods 3Ta Addition, from "R-1" (Single family residentiaUminimum lot 40,000 sq. ft.) to "R'3" (Single family residentiaUminimum lot area of 11,000 sq. ft.), and subdivision by preliminary plat to split the existing parcel into two lots. The applicant is also requesting a variance of 1,258 sq. ft. from the required minimum lot area for a waterfront lot of 20,000 sq. ft. to allow a waterfront lot of 18,742 sq. ft., a variance from the Shoreland Overlay setback requirement from the Ordinary High Water mark of 75' to 50' to reconstruct a detached gazage, and a variance from the front yard setback from Embry Way from 30' to 22' to reconstruct the detached gazage. The site is located at 13460 Pilot Knob Road. Thomson reported the preliminary plat shows the subdivision of a 33,795 sq. ft. lot into two lots. One lot would be 18,742 sq. ft. and the other lot would be 15,053 sq. ft. The site is zoned "R-1"which requires a minimum lot size of 40,000 sq. ft. The site lies within the Shoreland Overlay zoning district which requires a minimum lot size of 20,000 sq. ft. for waterfront property and 15,000 sq. ft. for non-waterfront property. The rezoning from "R-1" to "R-3" is consistent with area conditions. The property directly to the west of the site was rezoned from "R-1" to "R-3", and the property to the south and east were rezoned earlier this yeaz from "R-1" to "R-2". Thomson reported that the project will involve the removal of the following structures from Lot 1 - a driveway out onto Pilot Knob Road, a detached garage with attached shed, a metal shed, a carport, a wood patio, and a driveway out onto Embry Way. The applicant is proposing to build a new shorter driveway and a relocated detached gazage. The applicant is also requesting to build a new single family home, garage and driveway on Lot 2. The plan shows a proposed building pad for the home and -gazage of 2,005 sq. ft, as well as a driveway onto Embry Way of 672 sq. ft., which brings the total impervious surface area for Lot 2 to 2,677 sq. ft., or 18% of the lot area. Thomson reported that after removing the structures from Lot 1 and replacing them with the new driveway and garage, the property will have a net decrease of 4,508 sq. ft. of impervious surface. With the proposed building pad and driveway, the amount of impervious surface would decrease by 1,831 sq. ft. Thomson stated that at the public hearing held on December 7, 2005, the Commission asked staff to calculate the proposed impervious surface azea and the potential impervious surface azea if the buildable area of both lots were maximized. 3 Staff included those calculations in the staff report that was distributed to the Planning Commission. On October 5~', 2005, the applicant presented a sketch plan to the Commission. The Commission was concerned about the additional stormwater runoff into Pilot Pond in regard to the proposed plan. Earlier this year, approval was given to a development to the south of the site. That plan provides for a stormwater retention pond to the south, as well as curb and gutter along Embry Way. Although the construction of the storm water retention pond will not divert any of the storm water runoff from this site, runoff from 2.7 acres of nearby properties will be diverted from Pilot Pond to the new storm water retention pond. In order to approve a variance, the state statutes and City zoning code requires that "special conditions applying to the structures or land in question are particular to such property, or immediately adjoining property; do not apply generally to other land or structures in the district; ...and that the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty." Thomson stated that staff believes that a hardship exists in the reconstruction of the detached garage. The site and zoning requirements do not provide for a location of the garage and, therefore, a garage could not be constructed without the issuance of a variance from the OHW of Pilot Pond. Furthermore, the site of the reconstructed garage is further away from Pilot Pond than the existing garage. Staff also believes that because the subdivision will result in a net decrease in impervious surface area, it meets the intent of the minimum lot area requirement of the Shoreland Overlay zoning district. Commissioner Burke asked if a new owner purchases a portion of the property immediately adjacent to Pilot Pond, would it be considered lakefront property. Thomson replied that yes, it would be considered lakefront property. Jerry Wageman, the applicant, addressed the Commission and stated that the plan addresses the concerns raised about water quality and actually improves water quality. MOTION: Commissioner Burke moved, seconded by Helgeson, to recommend approval of the rezoning of Lot 15, Block 1, I{nottywoods 3rd Addition, from "R-1" (Single family residential, minimum lot size 40,000 sq. ft.) to "R-3" (Single family residential, minimum lot size 11,000 sq. ft.). The motion carried 5-0. MOTION: Comrissioner Burke moved, seconded by Helgeson, to recommend approval of the preliminary plat of Knottywoods 3Ta Addition with the following conditions: • Dedication of a conservation easement as shown on the preliminary plat dated November 11, 2005, with the western boundary changed to the 30 feet setback line from Embry Way. • A landscape plan for the Lot 2 conservation easement shall be submitted to the City for review and approval by the Natural Resources Coordinator. • Dedication on the plat of drainage and utility easements of 10 feet from lots lines adjacent to public right-of--ways, and 5 feet from all interior lot lines. • Dedication of a ponding easement on Lot 1 from the high water level of Pilot Pond of 905 feet to the eastern lot line. • Dedication of a drainage and utility easement from the control level elevation of Pilot Pond of 901 feet upland, 15 feet for a wetland buffer. • The wetland buffer shall be clearly identified with City-approved permanent markers at each lot line and every 300 feet. • Wetland plantings in the buffer zone shall be reviewed and approved by the Natural Resources Coordinator. • Removal of driveways, buildings, and paved areas from Lot 1 and Lot 2 as shown on the Site Plan dated November 11, 2005, before issuance of a building permit for Lot 1 or Lot 2. • Construction of any structure on Lot 2 shall be located within the building pad shown on the site plan dated November 11, 2005, and subject to all applicable City codes and standards. The motion carried 5-0. MOTION: Commissioner Burke moved, seconded by Helgeson, to recommend approval of a variance reducing the lot area of Lot 1 by 1,258 sq. ft. from the required minimum lot area for a waterfront lot of 20,000 sq. ft. to allow for a waterfront lot of 18,742 sq. ft. The motion carried 5-0. MOTION: Commissioner Burke moved, seconded by Helgeson, to recommend approval of a variance from the Shoreland Overlay setback requirement of 75 feet from the Ordinary High Water Mark of Pilot Pond to 50 feet to allow for the construction of a new 627 sq. ft. detached garage on Lot 1, provided that the existing detached garage, buildings, driveways, and paved areas are removed, as shown on the site plan dated November 11, 2005, and received in City office December 14, 2005. The motion carried 5-0. MOTION: Commissioner Burke moved, seconded by Helgeson, to recommend approval of a variance from the front yard setback of 30 feet from Embry Way to 22 feet to allow for the construction of a new 672 sq. ft. detached garage provided that the existing detached garage, buildings, driveways, and paved areas aze removed, as shown on the site plan dated November 11, 2005, and received in City office December 14, 2005. 7. OTHER BUSINESS A. Joint Planning Commission/City Council Meeting Date Acting Community Development Director Tom Lovelace stated that the joint meeting of the Planning Commission and City Council has been set for February 21, 2006. The meeting will discuss a variety of subjects including the phasing of the sand and gravel operations south of County Road 42, Hanson Concrete/Ivlagellan Tank, and the City's Comprehensive Plan update. 8. ADJOURNMENT MOTION: Commissioner Burke moved, seconded by Churchill, to adjourn the meeting at 8:12 p.m.