Loading...
HomeMy WebLinkAbout05/21/2008 CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES May 21, 2008 I. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Jeannine Churchill at 7:00 p.m. Members Present: Jeannine Churchill, Keith Diekmann, Tom Melander, Tim Burke and Thomas Helgeson Members Absent: Frank Blundetto and David Schindler Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Associate City Planner Margaret Dykes, Associate City Planner Kathy Bodmer, City Attorney Sharon Hills, Assistant City Engineer David Bennett and Department Assistant Barbara Wolff 2. APPROVAL OF AGENDA Chair Churchill asked if there were any changes to the agenda. There being none, she called for approval of the agenda. MOTION: Commissioner Helgeson moved, seconded by Commissioner Melander to approve the agenda. The motion carried 5-0. 3. APPROVAL OF MINUTES OF MAY 7, 2008 Chair Churchill asked if there were any changes to the minutes. There being none, she called for approval of the minutes. MOTION: Commissioner Diekmann moved, seconded by Commissioner Melander, to recommend approval of the minutes of the May 7, 2008, meeting. The motion carried 3-0. Commissioner Helgeson and Commissioner Burke abstained. 4. 2030 COMPREHENSIVE PLAN UPDATE/ACTIONS Consultant Rusty Fifield of Hoisington Koegler Group, Inc., updated the Planning Commission on the 2030 Comprehensive Plan. He stated the Comprehensive Plan is nearly complete except for two chapters. The goal is still to have a complete draft by June or July so that it can be submitted to the Met Council by the end of 2008. He said he expected the draft plan will be posted on the City website in June. This will allow people an opportunity to review and comment on the plan. The community may submit comments via the form on the City website. 5. CONSENT ITEM A. Quarry Point Park Buildings -Consider site plan/building permit authorization to allow for construction of amulti-purpose building and mechanical building. 1 S:\planning\PLANCOMM@008 agenda & minutes\052108m.doc The staff report stated the Apple Valley Parks and Recreation Department is requesting building permit authorization for two buildings in the Quarry Point Park Athletic Complex. The 2,037 sq. ft multi-purpose building will have restrooms and a concessions booth. The 1,131 sq. ft. maintenance building is essentially a storage building for mowers, tools, and other equipment necessary for daily operations of the complex. Both buildings comply with the zoning code. Chair Churchill asked for any discussion or comments. Rearing none, she called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, to recommend approval ofsite plan building permit authorization for one approximately 2,000 sq. ft. multi-purpose building, and one approximately 1,100 sq. ft. maintenance building to be located at Quarry Point Park Athletic Complex as shown on the plans received in City offices on Apri128, 2008, and May 12, 2008, subject to all applicable City codes and standards. The motion carved 5-0. 6. PUBLIC HEARING A. Panino Bros. Outdoor Seating CUP - Consider a conditional use permit to allow for outdoor seating in conjunction with a restaurant. City Planner Tom Lovelace presented the request from Panino Bros. restaurant for a conditional use permit for outdoor seating in conjunction with a restaurant. Panino Bros. is 4,100 sq. ft restaurant located in the first floor of the Grandstay Hotel, 7083 153`d St. W. The zoning district, "PD-739/zone 2" (Planned Development), allows outdoor sidewalk cafes in conjunction with a restaurant as a conditional use, subject to review by the Planning Commission and City Council and to the following. standards: • A minimum of five feet of sidewalk along the curb and leading to the entrance of the restaurant shall be maintained free of tables, chairs, and other obstructions. • Temporary barriers shall be used as a way of defining the sidewalk cafe area. • Extended awnings, canopies, or large umbrellas with colors that complement the building colors maybe permitted. • Additional outdoor trash receptacles shall be provided. • Tables, chairs, planters, trash receptacles and other elements of street furniture shall be compatible with the architectural character of the building where the restaurant is located and/or City street furniture standards. The petitioner is proposing to place five tables, each with four chairs; along the west side of the building in an approximately 1,000 sq. ft. patio, which has a 2.5 ft. high wrought iron fence around the perimeter, and three tables with two chairs each along the south side of the building within a 10- ft. wide private sidewalk. The zoning code requires a minimum of one parking space per five seats of outdoor eating area, excluding the first ten seats. The petitioner is proposing 26 seats in the outdoor eating areas, which S:\planning\PLANCOMM\2008 agenda & minutes\052108m.doc 2 will create a need for a minimum of 3 parking spaces. The site has 118 off-street parking spaces and 21 on-street spaces adjacent to the property. The spaces accommodate the 78-room hotel and the 11,000 sq. ft. of commerciaUretail space, and should accommodate the proposed outdoor seating. The restaurant's current liquor license does not allow for sales in the proposed outdoor seating area. The petitioner will need to amend their current license to include the outdoor patio. To ensure control of the consumption of liquor on the premises, the Police Department is suggesting all the outdoor seating be eliminated along the sidewalk on the south side and confined to the patio area along the west side of the building. Access to the patio area will be from inside the restaurant and a gate along the north side of the patio. The Fire Marshal reviewed the site plan and said a hard surface pathway that includes a handicap accessible ramp must be constructed from the gate to the parking lot. No handicap accessible ramp would be required if the gate were relocated to the south side of the patio area and a pathway extended to the existing sidewalk. Lovelace said future development in the Founders Circle development will include multi-family dwelling units near the outdoor seating area, and the noise generated by this type of activity may adversely impact the quality of life for future. residents. Therefore, the City may want to consider conditions that would restrict hours of operation, and limit the type and volume of entertainment, such as music, radio, television and live performances. Chair Churchill asked the Commission for comments or discussion. Hearing none, she asked the petitioner to step forward. Josh Sanders thanked the Commission and said he is excited to add the patio to his business. Commissioner Helgeson asked Mr. Sanders if he was agreeable to eliminating the south portion of the patio and to any restrictions the City may apply. Mr. Sanders replied he is willing to work with the City and will follow the restrictions that maybe requested of him. Chair Churchill commented that this outdoor patio will be a good addition to the City and will add to the liveliness in that area. She then asked for comments from the public. Ed Nelson, 15465 Frost Path, stated he supports. He is an employee at the Grandstay Hotel and likes Panino Bros. Randy Pedersen, 15797 Harwell Avenue, also expressed support. He is the developer of Founders Circle and believes the outdoor patio will make the area more interesting for pedestrians Commissioner Helgeson said he wanted additional information about potential noise impacts. on the guests at the Grandstay. Chair Churchill, hearing no further comments, closed the public hearing. S:\planning\PLANCOMM\2008 agenda & minutes\052108m.doc 3 B. Legacy North Apartments and Commercial Development -Consider amendments to PD-739 (Planned Development), preliminary plat and site plan building permit authorizatfions for six buildings (three apartments, one commerciaUretail, and one retail/apartment. Associate City Planner Kathy Bodmer presented the petition from Legacy Holdings/Hartford Group for the Legacy North Apartments and Commercial Development. The petitioner is requesting the following additional amendments to PD-739: • Amend permitted uses in Zone 2 to allow single story retaiUcommercial uses. • Amend setbacks on 153rd Street, Fortino Street, Galante Lane, Fresco Terrace and Foliage Avenue. The amendments apply to all of the parcels zoned PD-739, Zone 2 including those in the Founders Circle development and Lot 1, Block 7; Lot 1, Block 8; Lot 1, Block 9; and Lots 1 and 2, Block 10, Legacy of Apple Valley North. The petitioner is also requesting for the following land use actions: 1) Amend Planned Development No. 739 as follows: • Amend approved uses on the subject properties. • Amend the approved master development plan layout. • Revise the boundaries of the Planned Development subzones to conform to the platted lots. 2) Preliminary plat to consolidate Lots 1 & 2, Block 10, and reconfigure drainage and utility easements on Lot 1, Bloclc 9, and Lots 1 and 2, Block 10. 3) Site plan review/buildingperrnit authorization to constmct the following: ~ Three apartment buildings with a total of 147 units. • One 14,026 square foot commerciaUretail building. • One 5-story mixed use building with 12,636 sq. ft. of commerciaUretail space and 53 apartment units. The petitioner made changes to the development plans to address some of the issues that were raised during the previous review of the project. The changes require additional amendments to PD-739, which requires a new public hearing. The petitioner is requesting the permitted uses in Zone 2 be amended to allow asingle-story building with atwo-story appeazance. The petitioner requests the single story building so that the site meets the parking requirements. The petitioner is also concerned the market will not support second story offices. In addition to the use amendment, the petitioner is also requesting amendments to setbacks along 153rd Street, Fortino Street, Galante Lane, Fresco Terrace and Foliage Avenue in accordance with the site plans that have been submitted. The following changes were made to the plans 1o address issues identified during the review of the project: S:\ptanning\PLANCOMM\2008 agenda & minutes\052108m.doc q Block 7 -The building has been changed from a 2-story building, to a single story 14,000 sq. ft. building with a 2-story appearance. A tower element was added on the north side of the building to enhance the exterior design. The parking calculations now identify that a 4,500 sq. ft. restaurant space with 95 indoor and 35 outdoor seats can be accommodated on the site. Block 8 -Only minor changes were made to this building. The exterior design was enhanced by using cultured stone around the main entry that faces the intersection of 153rd & Galaxie. Like Block 7, provision is made fora 4,500 sq. ft. of Class I (full service) restaurant space with 95 indoor and 35 outdoor seats. The two buildings may distribute the restaurant area and seats as they wish, but the two sites will be limited to a total of 9,000 sq. ft. of Class I restaurant and 190 seats. The shortfall of parking on Block 8 will be accommodated by the excess parking on Block 7. Block 9 -Decks have been relocated out of drainage and utility easements. Setbacks have been increased to 7 ft. on 153rd Street, 9 ft. on Fresco Terrace, and 12.6 ft. on Galante Lane. The petitioner is requesting amendments to PD-739 to accommodate the setbacks shown on the plans. Block 10 -Four 2-bedroom units have been removed to help address parking issues. The ends of the 4-story building will step down to 3-stories on the ends. Additional on-street parking will be provided along 153rd Street. The site remains slightly short of the requirement, but the PD ordinance allows for slight adjustments upward or downward as necessary. A traffic study was done on the intersection of Foliage Avenue and 153rd Street in 2006 in response to some vehicle accidents in the area. The speed limit on Foliage Avenue is 45 m.p.h.. To increase visibility of the stop signs on 153rd Street, a second stop sign was added in the median on the north side of the east bound lane. However, the Public Works department, along with the City's Traffic Engineer, continues to have concerns about sight visibility issues along Foliage Avenue. More analysis will need to be done to determine the exact sight distance needed (10 seconds vs. 7 seconds), . but the preliminary information indicates that at a minimum, parking will need to be restricted 345 ft. along Foliage Avenue north of the curb line of 153rd Street. Commissioner Helgeson commented that Block 7 is a single-story with the appearance of atwo-story. He asked if verbiage could be added to create an absolute minimum height on the elevation and the towers. He stated that he assumes the developer did this with the intent to build a restaurant in this area. Bodmer stated it is intended to be amulti-tenant retail commercial building. Most likely the area with the outdoor patio on the south side of the building would be the location of a restaurant. Commissioner Helgeson asked Bodmer to review the different elevations on Block 8. Bodmer stated that it is five stories for the entire building, although a portion of it is commercial on the first floor (5,700 sq. ft.). The underground parking extends all the way through Blocks 7 and 8. Commissioner Helgeson asked if there will be impacts on the other side of the street if the City allows single-story in this development. Bodmer replied yes. S:\planning\PLANCOMM\2008 agenda & minutes\052108m.doc 5 Commissioner Helgeson asked if the could City amend the zoning so that one-story buildings would only be allowed in this area and not in others. He is concerned that the height of the buildings will continue to decrease and it will have a dramatic impact for the City's vision of the Central Village. Bodmer said an option maybe to create another subzone where one-story buildings are permitted. Chair Churchill asked if it is possible to consider this a variance. Bodmer replied variances cannot be applied to uses or to Planned Developments. City Attorney Sharon Hills said the requested zoning amendments will impact the Founders Circle even if the City creates another subzone for Legacy North because the City is setting a precedent. The City will need a rationale for why they wouldn't give the same consideration to another developer. Commissioner Helgeson said perhaps one-story buildings could be a percentage of the total building area. Chair Churchill stated the one-story component is a fairly small percentage when compared to the five-story apartment building. Commissioner Helgeson said maybe the City would not be setting a significant precedent. Chair Churchill said the City was looking for a more intense use in the Central Village. The City was hoping for two-story commercial on this site. However, there is a significant surplus of empty office space in the city and it would not make any sense to over commit and overbuild, which would guarantee the project would not be successful. Commissioner Melander said he is concerned that momentum would be lost if the City doesn't move forward with something now. He asked if the petitioners would build the project if the City grants the amendments. He said these scenarios after awhile get to be tiresome. Commissioner Diekmann asked if restaurant parking is calculated differenfly than retail parking. Bodmer replied the Code requires one space for every 2 % restaurant seats. Retail is generally one space for 400 sq. ft. Commissioner Diekmann asked if there is sufficient parking for restaurants with the combined parking spaces for Lots 7 and 8. Bodmer replied yes. Commissioner Diekmann asked if there are enough underground spaces for the residences. Bodmer said there are enough underground parking spaces so that each unit gets one, and there are additional surface spaces to accommodate the residential needs. There is enough surface parking for the residents and the restaurants. S:\planning\PLANCOMM\2008 agenda & minutes\052108mdoc Commissioner Diekmann said the original vision for the Central Village called for density. He is very concerned about allowing the one-story use and sacrificing the City's long-term goal because of short- terrnmarket conditions. He does not think the City should make a concession on the single-story buildings. The plan has already lost 120,000 sq. ft. of commercial space, which is a significant departure from the intensity and density shown in the original plan. The plan gained 92 living spaces, but there are living spaces all over the City. Commissioner Helgeson stated it is a departure from the original vision. However, he said the City should look at a vision change and allow single-story buildings. He said it is important to have construction to stimulate the development. Commissioner Diekmann asked Bodmer why these four blocks continue to come through as one proposal to be approved. He feels that they all function independently. He asked if the proposals could be split up. Bodmer stated the petitioners submitted three applications, but staff is treating this as one application because there is overlap. There are separate motions for the commercial and residential uses. The amendments to the Planned Development are lumped together as one motion. She said the Commission could just move forward the apartments. Commissioner Diekmann asked if the proj ect will be built if City approves it. Commissioner Melander said the proposal makes good sense for the City and for the petitioner. Chair Churchill asked the petitioner to step forward. Frank Janes, with the Hartford Group, addressed the Commission. He said this is really one project. The buildings along 153`d and the comer of 153`d and Galaxie would operate as one building. Blocks 7 and 8 operate together because of the underground parking and the request for the vacation of Fortino Street as part of this project. Mr. Janes continued that Hartford does not fmd the two-story use to be viable right now, which is why they are requesting the amendment for the one-story buildings, though these will look like two-story buildings. He said the Shops on Galaxie, which are south of this proposed project, has a second floor and underground parking. He has had a recent conversation with Kris Knox of Avalon, who manages that building. The building has been open 2-2 '/z years and it has never been more than 50% leased, and is currently 92% unoccupied on the second floor. The ground floor has been more successful. The petitioner is concerned that atwo-story building will not be viable. Additionally, they cannot supply the necessary parking for a second story. A two-story must provide elevators, stairs, restrooms and other common elements. Partial second-story does not work either with the cost of leases going up for the tenants both on the upper and lower floors to accommodate the added common elements. Janes said the buildings are high quality spaces with high quality exterior materials. The plans call out specific roof elements and heights. The master plan received in City offices would require the heights specified on the plans, which would hopefully address Commissioner Helgeson's concerns about minimum height restrictions. S:\planning\PLANCOMM\2008 agenda & minutes\052108m.doc - Janes said Hartford is not opposed to the Planned Development limiting the size of single-story buildings to some percentage or square footage of building area. He also said Hartford's intent is to get into the ground. And the first step is to obtain financing. But before that, they need City approval. Commissioner Helgeson asked for the total squaze footage of commercial space in the project. Janes replied 26,700 sq. ft. Commissioner Helgeson said he supports the idea of limiting the one-story buildings to a percentage of the commercial and retail space. Commissioner Diekmann asked if the building north of Block 7 is a five-story building. Janes stated it would be four or five-stories and similaz in footprint to Block 7, but it would have commercial retail on the ground floor and residential on the top. Commissioner Diekmann asked why Hartford won't put that building on Block 7. Janes replied Hartford is trying to move the residential off of Galaxie Avenue and onto 153rd Street. The type of residential Hartford is looking at north of Block 7 is special needs housing. Commissioner Diekmann asked the petitioner if he considers this plan the best and highest use of this land, without taking in market conditions. Janes said he believes the best and highest use of the land has to account for market conditions. Hartford owns the land. This plan has taken longer than expected and they're trying to come up with a plan that meets the scope and intent for the Central Village and the PD ordinance as it exists, and balancing that with something that they can actually build, finance and operate. Commissioner Diekmann said it was already approved for best and highest use of the land and now the Commission is being asked to reconfigure because of a change in market conditions. Bodmer reiterated that the decisions made for the Legacy North will affect both the development to the west and the remaining undeveloped lots in Legacy North. Possibly, the City could limit the area of one-story buildings to no more than 22,000 sq. ft. and only allow them on minor arterial streets like Galaxie Avenue. The surrounding streets of Founders Lane and 153~d Street are collectors. Chair Churchill said the City should ensure that any one-story building has the appearance of a two- storybuilding. Requiring a minimum height of 25 would accomplish that. She also said that allowing for more intense apartment style residential use in this area within walking distance of a transportation hub is a good plan. When the Central Village plan was approved, the City wasn't talking about the transportation comdors in the same way as today. Things are changing because of development south of the City and multiple other issues. She said it may be time to ask if the original concept was reasonable, and perhaps modify that concept. The City doesn't want to require construction of something that won't be successful. Chair Churchill suggested that perhaps staff could craft some language with a condition that includes the requirement of an appearance of a two-story building and makes reference of required parking for planned uses, but also requires that the development require underground parking. S:\planning\PLANCOMM\2008 agenda & minutes\052I08m.doc g Bodmer referred to the condition in the staff report that would require single-story buildings to have a two-story appearance. Chair Churchill supported the language but wants restrictions so that the whole development would not consist ofsingle-story buildings. She said the only reason to allow asingle-story building is that it is combined with amulti-story, mixed use building Commissioner Diekmann said normally the Planning Commission does not act on an issue the same night as a public hearing. Because there are significant issues he wants to wait and review language at the next meeting. Bodmer stated the 120-day rule is in effect and the City must act soon. Community Development Director Bmce Nordquist asked if the petitioner could commenton extending action on the project until the language can be resolved. Janes said he is concerned about timing because it affects the financial aspects of the project. He said he anticipated the project going before the City Council on June 5, 2008, but because ofthe lengthy discussion, he is amenable to having this item before the City Council on June 26, 2008. Bodmer stated that would provide time to craft the language. She also asked the Commission if there are any other outstanding issues. The Commission emphasized concern over the reduction in building height. Chair Churchill asked if there was anyone from the public that would like to address this issue. Ed Nelson, 15465 Frost Path and president of the Legacy Square Townhome Association, stated he likes the plans for Block 7, and agreed that it should be a two-story or look like atwo-story building. He asked Bodmer if Block 8 was always afive-story building. Bodmer said the master plan always showed athree- to five-story building in this area Mr. Nelson said Block 8 should not be so tall, and that he is concerned about sight lines for Legacy Square Townhomes and Orchard Pointe. He also would like to see more owner occupied units in this area. He said there was recently an incident of vandalism in the Legacy Square development on units directly next to the Haralson Apartments and Kingston Green Apartments. But he does like the pedestrian area on Block 8 and also the elevation and look of the building. On Blocks 9 and 10, Mr. Nelson said he would like to see more mixed use, and some retail space on the ground floor. He likes the decks on the apartments. He said the change in building height from five-story to two-story then back up to five-story will look weird. Mr. Nelson also said the City is attempting to bring a vibrant and energetic feel to the community. He did not hear the word "upscale" mentioned and he thinks the development should be upscale throughout and stop deviating from the master plan. S:\plamting\PLANCOMM\2008 agenda & minutes\052108m.doc g Chair Churchill asked for any additional comments from the public. Debbie Biddick, 15334 Floret Way and the Orchard Pointe Association board, said she agrees with Mr. Nelson that five-story buildings are a bit too much in this area. She also believes the buildings should be set up to have views of Kelley Park. She is concerned about rentals because of vandalism in the area. The Orchard Pointe is looking into security patrol. She said people using Kelley Park will park on 152aa Street and this looks to be a truck route to service the restaurants. She is concerned about conflicts in the area. She said there have been horrific accidents at 153rd and Foliage Avenue and would like to see a crosswalk at that intersection for residents coming from the east. Ms. Biddick stated that she would love to see a decent daycare or special needs housing in this area. She asked the Commission to please keep in mind safety and markthe one-ways better, making it safe and more accessible for the whole community. A park and a nice City center will increase property owner's values. Chair Churchill, hearing no further comments, closed the public hearing. City Attorney Hills asked for clarification on the requested amendment for single-story buildings. She asked the Commission where the one-story buildings should be allowed. Chair Churchill said she believes the corner of 153~d St. and Galaxie must have multi-story buildings. Commissioner Helgeson suggested limiting single-story buildings to Galaxie Avenue only. Bodmer replied staff and Ms. Hills will bring back some options at the next meeting. 7. LAND USE/ACTION ITEMS A. Kustermann Setback Variance -Consider side yard setback variance of 5 feet from the minimum required setback of 10 feet to allow for the conversion of an existing attached garage into living space. City Planner Tom Lovelace presented the request from the petitioner for a variance of five ft. from the required minimum building setback of 10 ft. for a dwelling in the "R-3" (Single Family Residential) zoning district to allow for the conversion of an existing single stall garage into living space. The property is located at 929 Duchess Lane and the main entrance to the house is from that street. City code. requires a minimum side yard setback of 10 ft. for the dwelling unit and 5 ft. for the garage for single-family dwellings in the "R-3" zoning district. It should be noted that a house may have dwelling space constructed above or behind an attached garage that may be located 5 ft. from the side property line. The conversion of this garage to living space was completed in 2007 without a building permit. The petitioner became aware that the conversion would require a building permit and contacted the S:\ptanning\PLANCOMM\2008agenda&minutes\052108m.doc 1Q Building Department requesting a permit after the fact. Besides needing a building permit, the City informed the petitioner that the conversion from garage to living space also violated the minimum side yard setback requirements and that a variance would be required. If approved, this variance would be subj ect to the petitioner obtaining a building perrnit and meeting all building permit requirements, including the necessary inspections. The property is a comer lot, which has street frontage along Duchess Lane and Minjon Drive. The property owner has constructed atwo-car garage with driveway access from Minjon Drive. The conversion of the garage into non-conforming living space left a driveway in the front yard. City code requires any driveway approach not directly leading to an attached or detached garage or accessory structure shall be located beside an attached garage abutting the primary structure. Removal of the driveway leading to the non-conforming living area should be a condition of approval of the variance. A variance is a legally permitted deviation from the literal requirements of the city code. A variance may be granted in instances where strict enforcement would cause undue hardship, the circumstances are unique to the individual property under consideration, and the granting of the variance will be in keeping with the spirit and intent of the applicable ordinances and will not alter the essential character of the neighborhood. The petitioner has indicated that existing structures and landscaping on the property has limited their ability to construct an addition that would meet the required setbacks. It appears the garage conversion would be an enhancement to the dwelling and would not have an adverse impact on adj acent properties. The granting of this variance would be consistent with the City's Comprehensive Plan, which encourages reinvestment in existing single family residences. Commissioner Diekmann asked if it is a 10 ft. setback on all sides of the building. Lovelace replied that in R-3 zoning districts, the Code requires a 10 ft. side yard setback for the dwelling unit and 5 ft. for the garage space. Chair Churchill, hearing no further comments from the Commission, asked the petitioner to speak to this issue. Paul Kustermann, 929 Duchess Lane, said that he would still need to have pedestrian access from Duchess Lane to the main entrance of the home. He and his wife operate adult foster care from their home and would like clients to haue access to the main entrance. Chair Churchill stated that it would make sense to have a sidewalk connection from the street to the front of the home. Mr. Kustermann then said he would like to keep the existing driveway so that a vehicle could pull into the driveway and drop someone off onto the property as opposed to the street. Commissioner Helgeson stated that he is not in favor of any sort of driveway. It could become a parking spot in the front yard of the home. Lovelace stated staff is concerned that the driveway would be used parking and storage. S:\planning\PLANCOMM\2008 agenda & minutes\052108m.doc 11 Chair Churchill stated she has safety concerns for some people exiting vehicles on the street. Lovelace stated that Duchess Lane is a local residential street and likely does not have high traffic counts. He said staff is not concerned with foster care clients exiting vehicles in the street and using a sidewalk. Mr. Kustennann stated some of the clients have some mobility issues. Commissioner Melander stated that the City does not like to see variances after the fact. He said he does not support retaining the existing driveway. Commissioner Helgeson also stated he is in favor of removing the driveway. Commissioner Diekmann asked if the interior of this space is finished. Mr. Kustermann answered yes. Chair Churchill asked if the driveway would be cut off at the sidewalk or if a piece of it would be allowed to extend towards the home. Lovelace stated the City will work with the petitioner to construct something that will work for both the City and the petitioner. Also, it might be a good idea to design an ADA ramp for accessibility. Assistant City Engineer David Bennett said the City can work with the applicant to see how sound the current driveway is. There may be a possibility of cutting it on each side or it may need to be removed and re-poured. Commissioner Diekmann asked if working in the right-of--way requires a bonding contractor. Lovelace stated it requires a permit from the City to do the work within the right-of--way. Chair Churchill hearing no further comments asked for a motion. MOTION: Commissioner Helgeson moved, seconded by Commissioner Diekmann, to'recommend approval of a variance of 5 feet from the required minimum building setback of 10 feet for a dwelling in the "R-3" (Single Family Residential) zoning district to allow for the conversion of an existing single stall garage into living space at 929 Duchess Lane because the granting of the variance will not alter the essential character of the locality, subject .to the following conditions: 1) A building permit shall be obtained and all necessary requirements of the building permit process shall be adhered to. 2) The existing driveway along Duchess Lane shall be removed, per code requirements to the satisfaction of the City. The motion carved 5-0. S:\ptanning\PLANCOMM\2008 agenda & minutes\052108m.doc t2 B. Paideia Academy Playground -Consider site plan building permit authorization to allow for the installation of a playground structure in an existing parking lot. Associate City Planner Margaret Dykes presented the request from the petitioner, Paideia Academy, for site plan building permit authorization for removal of 19 parking spaces and construction of a playground structure. The site is located at 7200 147th St. W. The site plan shows the removal of 19 parking spaces and the construction of a 1,925 sq. ft. (55' x 35') playground structure on the north side of the lot abutting 147th Street West. The structure itself is 23' x 43', but the specifications for the structure require the larger area so that mulch can be placed under the structure. The playground structure is 23' from the property line; the City code requires 30' between a play area and a public right-of--way. The playground structure must be moved to the south at least 7'. A 5'-tall decorative fence is to be installed on the east, north, and west sides of the playground. The fence is 5' from the Ring Route easement on the north side and 10' from the property line. Staff recommends the fence be moved south 3' so that there is sufficient room to maintain any landscaping between the Ring Route fence and the playground fence. The recommended 8' of distance between the fences should allow the school to maintain the area. On the east side of the lot, the proposed fence is directly on the property line. Staff recommends the fence be moved to the west 1' so that the property owner can maintain the area between the fence and the property line. Dykes explained the elementary school requires 54 parking spaces (2 per classroom/27 classrooms). There are currently 94 spaces on the site: With the removal of 19 spaces, there will be 76 spaces available. The site shares parking with Bogart's/Apple Place to the south, the Merchant Bank building to the west, and the Commons II building to the southwest. If the 19 spaces are removed, there would be 784 parking spaces available for all of the uses. The uses require 801 spaces, which is 17 short of what is shown. Though the overall area is short parking, staff is comfortable with the proposed removal of 19 spaces from the Paideia Academy site. The school is in use during the day, as are the Merchant's building, and the Common lI building. Bogart's is primarily in use during the evening hours. Staff believes the staggering of hours will mean there will be sufficient parking. There are existing cross-parking cross-access easement agreements between all of the properties, which state that any modification to the parking plan must be approved by the property owners and the City. Tfiis is required before any parking spaces could be removed. If the school were converted to another use, the playground structure should be removed and the parking spaces reconstructed. Commissioner Melander commented that the parking must be adequate, even with the shazed parking, because he's never seen this lot full. Commissioner Dielonann asked what recourse the City will have if Paideia Academy ceases to exist and the playground needs to be removed. Dykes replied that the City would need to review any future building authorization. Chair Churchill hearing no further comments asked for a motion. S:\planning\PLANCOMM\2008 agenda & minutes\052108m.doc 13 MOTION: Commissioner Helgeson moved, seconded by Commissioner Melander, to recommend approval of the removal of 19 parking spaces on Lot 2, Block 7, Apple Valley Commercial Addition, as shown on the site plan received in City offices on May 12, 2008, subject to all applicable City codes and standards and the following conditions: a) No parking space may be removed until the City has approved any changes to the existing cross-access/cross-parking agreements between the property owners of Lot 2, Block 7, Apple Valley Commercial Addition, Lot 1, Block 1, Apple Valley Commons 2°d Addition, and Lot 1, Block 1, Apple Valley Commons Addition. b) If the Paideia Academy is no longer used as an elementary educational facility, the playground structure shall be removed and 19 parking spaced shall be installed. The motion carried 5-0. MOTION: Commissioner Helgeson moved, seconded by Commissioner Melander, to recommend approval of a 35' x 55' playground area to accommodate a 23' x 43' playground structure on Lot 2, Block 7, Apple Valley Commercial Addition, as shown on the site plan received in City offices on May 12, 2008, subject to all applicable City codes and standards and the following conditions: a) The playground structure shall be at least 30'from the north property line. b) The 5' decorative fence shown on the plan shall be moved 3' to the south so that there is at least 8' between the City's Ring Route fence and the decorative fence. The motion carried 5-0. 8. OTHER BUSINESS B. Review of upcoming Schedule and other Updates Community Development Director Bruce Nordquist stated the printed agenda shows an informal session on Wednesday, June 4`h at 5:30 p.m. This meeting has been cancelled. There will only be a regularly scheduled meeting at 7:00 p.m. 9. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Churchill asked for a motion to adjourn. MOTION: Commissioner Helgeson moved, seconded by Commissioner Melander, to adjourn the meeting at 9:31 p.m. The motion carved 5-0. S:\planning\PLANCOMM\2008 agenda&minutes\052108m.doc t4