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HomeMy WebLinkAbout08/02/2006CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES AUGUST 2, 2006 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Tom Melander at 7:00 p.m. Members Present: Tom Melander, Keith Diekmann, Jeannine Churchill, Thomas Helgeson, Frank Blundetto, Tim Burke, and David Schindler Members Absent: None Staff Present: Acting Community Development Director Tom Lovelace, City Attorney Sharon Hills, Associate City Planner Kathy Bodmer, and City Engineer Colin Manson 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the Agenda. There being none, he called for approval of the Agenda. MOTION: Commissioner Churchill moved, seconded by Blundetto, to approve the amended Agenda. The motion carried 7-0. 3. APPROVAL OF MINUTES OF JULY 19, 2006 Chair Melander asked if there were any changes to the minutes. There being none, he called for approval of the Minutes. MOTION: Commissioner Churchill moved, seconded by Blundetto, to approve the minutes of the July 19, 2006, meeting. The motion carried 6-0, with Commissioner Burke abstaining. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS A. American Legion Outdoor Sidewalk Cafe -Consider an Amendment to Allow Sidewalk Cafes in the "LB" (Limited Business) Zoning District and Site Plan Review to Allow fora 31' x 50' Outdoor Sidewalk Cafe Chair Melander opened the public hearing with the standard comments. Associate City Planner Kathy Bodmer presented the request from Apple Valley American Legion Post 1776. The applicant is requesting a text amendment to "LB" (Limited Business) zoning district to allow outdoor sidewalk cafes, and site plan review of a proposed 31' x 50' (1,550 sq. ft.) outdoor sidewalk cafe. The proposed outdoor sidewalk cafe would be constructed on the Apple Valley American Legion property located at 14521 Granada Drive. Bodmer reported the Apple Valley American Legion is located within the "LB" zoning district and that district has no provisions for outdoor sidewalk cafes. The "RB" (Retail Business) zoning district allows outdoor sidewalk cafes as a permitted accessory use provided it meets the following conditions: • In conjunction with astand-alone restaurant. • Site plan must be reviewed and approved by the Planning Commission and City Council. • May not be occupied more than 6 months ofthe year. • Must be set back a minimum of 2' from property lines. • Prohibited if it is located within 600' of any residential property. • Must be constructed with visual screening and physical barriers. Bodmer stated the ordinances that created the provisions for the sidewalk cafe date back to the late 1980s and early 1990. Because outdoor eating areas are becoming more popular, the City may wish to consider creating a separate section in the zoning code to regulate outdoor sidewalk cafes and allow them in all zoning districts. A number of restaurants are located in multi-tenant buildings, so the "stand-alone" requirement may not be appropriate. In addition, outdoor heaters are typically used today, so the 6 month limitation on the use may need to be extended. The separation from residential properties will be problematic for mixed-use developments like the Central Village. Lastly, the provision for the visual screening and physical barriers should also be examined. Some physical separation between the outdoor patio area is necessary in order to serve alcoholic beverages outside. Bodmer reported that the American Legion proposes to construct a 31' x 50' outdoor patio area on the east side of their building adjacent to Granada Avenue. There is no sidewalk along Granada Avenue in this area. It appears that a portion of the patio would be located within the City boulevard area. The applicant would like to construct a 6' tall privacy fence azound the outside of the patio area to completely screen the area from the street. However, they are amenable to reducing the height of the fence so that it is no taller than 3-1/2' along the street side of the building. The site is located less than 600' from residential property, approximately 450' from the nearest residential property line and 550' from the nearest house. The outdoor patio area is situated such that the Legion building, the buildings behind it, and Pennock Avenue all help to buffer noise that maybe generated from the outdoor activity. Bodmer reported that City Code requires one parking space per five seats of outdoor seating excluding the first ten seats. The applicant states that the outdoor area will contain approximately 80 seats requiring a total of 14 parking spaces. The total parking needed would be 131 parking spaces. The site currently has 168 spaces. Bodmer stated that Roy Kingsley, the Fire Marshal, states that the outdoor sidewalk cafe would need to comply with the requirements of the Building and Fire Codes in terms of the number of exits from the area. He stated that all exit doors must have panic hardware so that they can be pushed open without having to turn a latch. Bodmer stated that Mike Marben, a City Police Captain, states that the police department would not be in favor of allowing the Legion to construct a 6' high privacy fence that would block the view of the outdoor area and the front of the building from officers patrolling the area. He stated that the City may want to consider restrictions regarding outdoor music and outdoor TVs, because these will cause noise to increase in outdoor patio areas. The City Public Works Director reviewed the plan and states that there is a 10' drainage and utility easement in the proposed patio azea. He stated that the City would not be responsible for the cost of repairing any structures within the easement if the City should have to go into the easement area. He recommended that the City require that a License to Encroach agreement be executed with the property owners if permanent structures other than patios are located within the easement. Chair Melander asked if staff had calculated the amount of impervious surface with the proposed addition. Bodmer responded that staff had not calculated the amount of impervious surface but would have it available for the next meeting. Commissioner Helgeson asked if the term "outdoor cafe" was appropriate and that perhaps the area should be referred to as an "outdoor eating area". Helgeson asked if the term patio was used, would the criteria still be the same for allowing the outdoor eating area. Bodmer responded that the term outdoor eating area might be more appropriate but would not change the request in any way. Commissioner Blundetto asked if the proposed eating area is located in the front of the building. Bodmer stated that by definition the short side of the lot is considered the front of a building. Commissioner Churchill asked if the public hearing notification should be increased to residents within 600' of the subject property versus the 350' requirement. Commissioner Blundetto asked what kind. of precedent would that set. Churchill stated that she was not suggesting that the City conduct a public hearing but rather use the notification as a way to get comments and concerns from nearby residents. City Attorney Hills stated that the notification to residents within 600' might set precedent and would also require a separate notice and motion from the Planning Commission. Bodmer stated that the Commission should keep in mind that signage was posted outside of the subject property which allowed an opportunity for everyone to see. John Worhnann, the General Manager for the American Legion, stated that he met with the Chief of Police to discuss the door exits and that the police have no outstanding issues with the exit doors. He also stated that there is a vestibule that will be handicapped accessible with two doors that are not shown on the plan. Commissioner Helgeson asked if the door leading to the outside was a fire exit. Wortmann responded that there is actually no physical door but rather an opening to the patio area. Regarding the height of the fence, Commissioner Churchill recommended that staff work with the applicant on the height of the fence. After polling the Commission, members felt that they were amenable to either the 3-1/2' fence height or the 6' fence height. Tony Botma, representing the applicant, stated that the proposed addition would allow the Legion to generate more revenue for the club. He stated that they are trying to stay viable and yet revenues continue to shrink. Commissioner Churchill stated that she would still like to amend the requirement that neighbors within 600' of the site be notified of the request. Bodmer stated that the code would have to be amended. Commissioner Blundetto stated that he would like to know how this affects staff time and revenue for publishing the nofice. Commissioner Diekmann stated that he feels the present way the City publishes the hearing is adequate. Bodmer stated that staff would prepare some options for the Commission to review. Chair Melander asked if anyone from the public would like to speak and if so, they may do so at this time. No comments were received from the public. Chair Melander closed the public hearing with the standard comments. It is the policy of the Planning Commission not to act on an item the same night as its public hearing. Staff will continue working on the issues brought forth tonight. B. "PD-341" Amendment -Consider an Amendment to the Maximum Building Height in Zone 4A of Planned Development 341 Chair Melander opened the public hearing with the standard comments. Acting Community Development Director Tom Lovelace presented the request from Wal-Mart for an amendment from the current maximum building height requirement of 20 feet in Planned Development 341/zone 4A, to 35 feet. The request is part of a site plan building permit request by Wal-Mart fora 69,176 sq. ft. addition with walls that would be 35 feet high. This request will also impact Bachman's, Apple Valley Retail Building, and Denny's restaurant property. Lovelace reported that two buildings in Zone 4A, Wal-Mart and Bachman's currently exceed the maximum building height of 20 feet. The height of the Wal- Mart Building is 26 feet and Bachman's has a typical wall height of 20 feet, however, its sloped atrium roof is approximately 8-10 feet higher. Staff believes, 4 that at a minimum, the maximum building height in Zone 4A could be increased to 30 feet. This would also bring the two existing non-compliant buildings into compliance. Lovelace reported that staff could not find historical documentation on why the maximum height of 20 feet was established for this commercial area. Staff can only surmise that the height was limited to 20 feet so that the scale and massing of the commercial buildings are in line with the residential buildings to the south and west. Lovelace reported that a similar situation exists in Zone 4B of Planned Development 341 where buildings were constructed having a maximum height of 30 feet, which is 10 feet taller than what is allowed. Variances were granted in those instances and staff was directed to amend the ordinance to increase the maximum height from 20 feet to 30 feet. Staff expects to complete this amendment as part of the comprehensive zoning code update. Lovelace reported that the proposed addition to the Wal-Mart building would have exterior walls that would be 23 feet to 30 feet in height, except at the three main entrances which are proposed to be 33 feet to 35 feet tall. Lovelace stated that one option would be to consider a possible planned development ordinance amendment to increase the maximum height to 30 feet but to allow for unoccupied architectural details such as parapets or entry features to exceed the maximum height as long as they don't comprise a certain percentage of any elevation. Lovelace stated that maximum building heights in the typical commercial zoning districts vary from 25 feet in the "NCC" (Neighborhood Convenience Center) to 45 feet in the "RB" (Retail Business) districts and vary in height from 30 feet to 50 feet n the City's commercial planned development zoning districts. Commissioner Helgeson stated that he is not opposed to the 35 feet maximum height for architectural features limit but would like to not see the entire block building at 35 feet. Commissioner Diekmann asked if the adjacent medium and low-density housing makes this building different from the Target building and Fischer Marketplace buildings in regards to the height restriction. Lovelace replied that staff was unable to find out why the maximum height of 20 feet was established for this commercial area. Lovelace stated that perhaps the Commission might want to amend the ordinance to state that if the wall is adjacent to a residential area, perhaps the height could be different. Commissioner Schindler asked if a variance was granted for the nearby Bachman's building. Lovelace stated that there was no variance granted for the Bachman's building. Commissioner Blundetto stated that when the Commission approved those buildings, height was never discussed. Lovelace also added that there have never been any complaints related to the height of the building. Commissioner Schindler stated that he is in favor of setting a maximum height with architect features not to exceed a certain height. 5 Brian McCool, representing the applicant, stated that the parapet of the existing building is 35 feet. Greg Altman, architect for the applicant, showed a picture of where the proposed roof line would be in comparison to the existing roof line. McCool stated that he will have more renderings at the next meeting. Commissioner Helgeson wanted to know the height of the existing parapet located in the front of the building. Altman stated that he estimates it is 21 or 22 ft. but does not have the exact height. Commissioner Churchill requested that the applicant have pictures of the sight line from residences at the northwest comer available at the next meeting. Chair Melander asked if anyone from the public would like to speak and if so, they may do so at this time. No comments were received from the pubhc. Commissioner Blundetto stated that he is surprised that there is no one from the public present to speak tonight about the proposed project. He questioned how this might relate to Commissioner Churchill's suggestion that the boundaries of public notification be extended to residents within 600 feet of the subject property. Churchill stated that her suggestion was in dealing with outdoor service of food and beverage and that if the code says that "...located within 600' of any residential property...", then notice should be given to the same. Chair Melander closed the public hearing with the standard comments. It is the policy of the Planning Commission not to act on an item the same night as its public hearing. Staff will continue working on the issues brought forth tonight. 6. LAND USE/ACTION ITEMS A. Wal-Mart CUP Amendments -Consider Amendments to the Existing Temporary Trailer Storage, Outdoor Garden Display and Sales, and Propane Tank Display and Sales Area Conditional Use Permits Tabled at the request of the petitioner. B. Wal-Mart -Consider Amendment to an Existing Conditional Use Permit to Allow for the Relocation of the Cardboard Bale and Pallet Storage Area, and Site Plan/Building Permit Authorization to Allow for the Construction of 72,786 sq. ft. Addition to an Existing 129, 958 sq. ft. Retail Store Tabled at the request of the petitioner. C. Legacy North Townhomes -Consideration of Proposed Amendments to "PD- 739" (Planned Development), Preliminary Plat, and Site P1anBuilding Permit Authorization to Allow for the Construction of Seven (7) Townhouse Buildings with a Total of 134 Dwelling Units Tabled at the request of the petitioner. D. River Valley Wireless Tower - Consider a Conditional Use Permit to Allow for Construction of a 90-foot Communications Tower Tabled at the request of the petitioner. 7. OTHER BUSYNESS A. McNamara/Tri-State Property -Sketch Plan Review of a Proposed Rezoning and Site Plan ReviewBuilding Permit Authorization to Allow for the Construction of 41 Village-style Detached Townhomes on a 10.3-acre Site Associate City Planner Kathy Bodmer presented a sketch plan from Ryland Homes for a proposed redevelopment of the McNamara property into 41 village-style single family homes. If the project moves forward, the applicant will request a rezoning and site plan review building permit authorization. Bodmer reported that the McNamara property is a 10.4-acre parcel immediately south of the City's Central Maintenance Facility and east of Cedar Isle Estates development on Flagstaff Avenue. The property is currently guided for LD Low and is zoned SG (Sand & Gravel). There is no mining currently on the site. The site had previously been used primarily for truck storage. The Village Single Family Homes are 22' wide homes constructed on 36' wide lot, individually platted lots. The homes are situated on the lot such that they are set back 14' from each other while the garages are 16' apart. The homes have attached garages on the rear of the homes that are accessed from a rear alley. A minimum 20' long driveway is shown behind each of the garages. Bodmer reported that a similar development was introduced to the Planning Commission when the Hawthorne development was being designed on Galaxie Avenue and 157th Street, but the developer decided not to construct the product at that time. Bodmer reported the sketch plan shows a total of 41 townhome units, resulting in a density of 4.0 units per acre. Footbridge Way would be extended from its current terminus at the east edge of Cedar Isle Estates over to Flagstaff Avenue. A 34' wide public street is proposed in a 60' right-of--way. The south end of Flagstaff Avenue will also be extended from its current terminus at the south end of the Central Maintenance Facility down to 145a' Street. It will be a 44' road within an 80' right- of-way and will be classified as a Collector roadway. The Public Works Director indicates that Flagstaff will likely be constructed as a 4-lane roadway with a 40 xnile- per-hour speed limit with no on-street parking permitted. One 34' private street and several looped alley drives are shown that provide access to the rear-loaded garages. Sidewalks are shown throughout the development in accordance with the City's Trails & Sidewalks Policies. Bodmer reported that the McNamara site has several constraints that impact how the site can be developed. Easements of various widths and for various purposes are located along the western property line. The easements are roughly 40' wide along this line. h1 addition, a 75' wide easement runs north and south through the middle of the site. The development deals with this issue by creating a 75' wide green strip through the middle of the site. Bodmer stated that the plan does not currently show any on-site infiltration. Developments are required to infiltrate the first %" rainfall event. The developer will need to work with the City Engineer regarding storm water management on the site. Chair Melander asked if the applicant had previously requested this type of product. Bodmer stated that the applicant had presented a similaz product when the Hawthorne development was proposed but decided against it. Commissioner Helgeson stated that he is impressed with the product and feels that it is a chance for a person to buy a single family home at a condominium starting price. He asked if Flagstaff would be punched through with this development. Colan Manson, City Engineer, responded that the plan is to have Flagstaff extended. Commissioner Churchill stated that staff needs to be mindful of the proposed parking ordinance amendments and how it would accommodate this development. Commissioner Schindler stated that he is concerned about the headlights of cars shining in the back of homes located in the Cedar Isles development. He asked if the development would be maintained by an association. Bodmer responded that it would be maintained by an association. Commissioner Diekmann stated that he is concerned about the private drives and the screening to the existing homes to the west. He would also like to know what the overall coverage and the impervious surface is for the development and how stormwater will be handled. Manson responded that the City is currently looking at options to enlarge an existing pond but the details have not yet been worked out. Commissioner Schindler stated that he is concerned that the existing pond is already overflowing. Commissioner Burke asked if there were any plans For berming around the nearby Eastview High School football field. Chair Melander would also like to see some variation of tree species. Bodmer stated that the applicant is not present tonight to respond to the questions raised by the Commission. Commissioner Blundetto stated that he is in favor of the plan and asked that staff forwazd a copy of the questions raised at tonight's sketch plan so that the issues can be addressed. 8. AD.dOIIRNMENT MOTION: Commissioner Churchill moved, seconded by Blundetto, to adjourn the meeting at 8:39 p.m. s