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HomeMy WebLinkAbout01/05/1994CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES January 5, 1994 1. CALL TO ORDER The City of Apple Valley Planning Commission Meeting of January 5, 1994, was called to order at 7:35 p.m. by Chairman Alan Felkner in the Council Chambers of the Apple Valley City Hall. Members Present: Chairman Alan Felkner, Marcia Gowling, Frank Blundetto, and Karen Edgeton. Members Absent: Jeannine Churchill and Len Miller. Staff Present: Keith Gordon, City Engineer; John Gretz, Community Development Director; Mike Dougherty, City Attorney; Rick Kelley, City Planner; Scott Hickok, Associate Planner. Others Present: See the sign -in sheet. 2. APPROVAL OF AGENDA The agenda was approved as submitted. MOTION: Member Gowling moved, seconded by Member Blundetto. 3. APPROVAL OF MINUTES OF DECEMBER 15, 1993 The minutes were approved as submitted. MOTION: Member Gowling moved, seconded by Member Blundetto. 4. CONSENT AGENDA - None - 5. PUBLIC HEARINGS A. Diamond Path Townhome Rezoning, Preliminary Plat and Site Plan Review for 46 Multiple Residential Dwelling Units at the Southwest Corner of Pilot Knob Road & Diamond Path Associate Planner Scott Hickok presented a brief introduction to the Diamond Path Townhouse proposal. Hickok stated that the proposal has been met with a series of discussions between the Developer and the City, and recent discussions with the Department of Natural Resources. These discussions have revealed that additional time will be needed Planning Commission Minutes January 5, 1994 Page 2 for the layout of the development. The developers have asked for time to rework some of the development layout issues. Staff recommended that the Planning Commission open the hearing and continue the hearing at the Developer's request until a future meeting. Chairman Alan Felkner opened the public hearing and asked for public comment. Charles Bergquist, 12851 Eastview Curve, asked for clarification of when this item would be on the agenda again. Chairman Felkner stated that the Developer has asked for some time, and it will be at a future meeting to be determined by the resubmittal of the materials that the Developers are working on at this time. Planner Hickok gave his business card to Mr. Bergquist, and Chairman Felkner asked him to keep in touch with the Planning Staff to find out when the item will appear on the agenda. Planner Hickok also took Burquist's telephone number for continued correspondence. There were no further public comments to this issue, and the Chairman reiterated that the hearing would be held open. 5B. Cedar Isle Estates Comprehensive Plan Amendment, Rezoning, and Preliminary Plat for 259 Single Family Houses and 120 Multiple Residential Dwelling Units at the Southeast Corner of Galaxie Avenue and 140th Street City Planner Rick Kelley introduced the proposal and stated that the request is to amend the Comprehensive Plan from Limited Industry, General Industry and High Density Residential, to Single Family Fesidential and Low Density Residential. Kelley continued by stating that the proposal also includes a request to rezone the land from Agriculture and I2, General Industry, to R3 and M3 -A, B or C, as well as a preliminary plat for 259 single family lots and 120 townhouse units. Planner Kelley described the layout of the development, including the street connections and single family development layouts in the description. Kelley also explained that the development request asks for some 50 foot right -of -ways as opposed to a standard 60 foot right -of -way for a development of this type. The purpose for the 50 foot right -of -way request is that the developer feels that the lot orientation and depth of lots can be increased along the periphery to enhance and protect those lots from the surrounding land uses and also make the rear grades on those lots less severe. Kelley continued by stating that one intersection had been proposed which would match that access point with existing 142nd Street West. Kelley explained that Staff felt that this street should be moved south to line up with 143rd Street Court in order to preclude the need for a 4 -way traffic control -. A description of the central ponding and park area was then given. It was explained to the Commission that the proposed park dedication did not meet the Park Committee's approval. The Park Committee had requested a consolidation of the park area which would allow a larger potential ball field or play area with significant street frontage. The pond area as described in the proposal would have a shallow grade and would be linked with a pathway north and south. The island itself would have bridges at the north and south end Planning Commission Minutes January 5, 1994 Page 3 to provide a trail link. As proposed, this island would be included with the proposed park land dedicated to the City by the developer. Marcia Gowling asked Kelley to explain the park in greater detail. Through the use of overhead transparencies Kelley explained and illustrated the concerns of the Park and Recreation Advisory Committee. Kelley continued by stating that the trail and sidewalk policy calls for an 8 foot wide asphalt pathway along both sides of community collector roadways and a 5 foot wide concrete sidewalk along both sides of neighborhood collector roadways. The proposed internal street system in this development, however, is laid out so there are no neighborhood collector streets or identifiable through streets which would serve as a collector. Therefore, the Staff did not see any internal streets that meet the established criteria for sidewalk installation, with the exception of the entrance road to 140th Street, which leads to the proposed park and trail. Karen Edgeton asked to continue the discussion on the park and island specifically, and asked if Staff was concerned about the island, either from a maintenance or safety perspective. Rick explained that the bridge pathway was designed to link the sidewalk at the northern end of the development to the park area at the southern edge. Edgeton expressed a concern about the hazard created by the water. Frank Blundetto asked for clarification on the sidewalk, and stated that he was concerned that sidewalks were not indicated. Kelley pointed out that the large bituminous pathways along 140th and Galaxie Avenue were designed to serve this area and allow pedestrian movement around the development. Kelley went on to explain that the pathways are required because of the higher volume and mix of traffic on those roadways, and a pathway has in the past been deemed more appropriate than a sidewalk. Marcia Gowling asked what amenities are proposed for the park land. Kelley stated that there are not specific plans for amenities in the park at this time. Gowling then asked if a ball field would create a need for additional parking, then commented that this park has been designed to appear as a backyard park, and not as a City park. Member Edgeton asked if this would indeed be a City park. Kelley responded that it would. City Engineer Keith Gordon explained the sewer routing through the property, starting at the Fischer Centex Development north of 140th and continuing through the Cedar Isle Development property. Gordon went on to explain the outlet to the pond near Galaxie, referred to as the Fischer Pond Linville area, and also explained that the pond level is controlled, although it has the ability to flood through raising and lowering of approximately 5 feet. Gordon clarified this with the engineer for the developer, who concurred that the rear areas of these lots would experience periodic water levels up to the easement line, and the pond level could bounce five feet. Karen Edgeton asked that this point be made very clear to the future homeowners: that the pond area has the ability to bounce within those limitations. Planning Commission Minutes January 5, 1994 Page 4 Frank Blundetto asked for further clarification on the pond, and asked if it would be drained when it reached a certain point. Keith Gordon explained. Alan Felkner asked fora clarification on the narrow street request. Rick Kelley deferred to Bill Maurer of Probe Engineering, who represents the developer. Mauer explained the elevation differential between the existing Galaxie Avenue, Public Works Facility, etc., and stated that with reduced right -of -way dimensions to 50 feet, the rearyard slope can be minimized, making maintenance and aesthetics more appealing for the homeowners along the outer edges of the development. Karen Edgeton asked Bill Maurer whether or not the island is absolutely necessary in the center of the development. Maurer explained that the island is viewed as an essential element and that many owners prefer not to have a path along the rear lot lines of their homes. This island would allow an opportunity for a path to exist without having the path actually on the lot or adjacent to the lot of the home owner. Maurer also stated that the slope beneath the surface of the pond itself would be a 10 to 1 slope which is very gradual, and the pond bottom would be contoured so that there would not be dropoffs. Maurer also stated that the east /west connection is perceived to be very important by the developer because it does allow an opportunity for pedestrians to cross the development from east to west, as well as from north to south. Maurer concluded by saying that the developer has also proposed extensive landscaping along the peripheral boundaries of the development. Karen Edgeton asked about the parking issue for the park itself. Mauer responded by stating that there are two trains of thought on this issue. The Park and Recreation Advisory Committee would like to see a consolidation of the park land area, allowing for a much more open feel and the possibility of a ball field or other activity areas. The developer, on the other hand, would like to see this park developed as an amenity and have the appearance of more of a private park, an internal amenity to the development. Parking demands will be different based on the ultimate park design. Marcia Gowling asked who would maintain the island. John Gretz stated that he expects that the City would take responsibility for maintenance of the island and may accept the land as dedication, but not to be included with the dedication requirement for the development. Alan Felkner asked how the Park Department feels about maintaining the island. Bill Maurer stated for clarification that the water surrounding the island is a maximum of 3 feet deep. The island itself is to be planted with more native vegetation: wild flowers, grasses, etc., and should not require regular mowing and maintenance as you might expect in other park land areas. Karen Edgeton once again reiterated that it should be made very clear to the homeowners that back up to the pond that this pond's elevation will rise and lower, and that the backs of their lots will be affected by these changes in water level. Scott Johnson of Arcon Development introduced himself and stated that with this development they hope to create an image that combines amenity and middle bracket housing for the community. Johnson continued by stating that he feels that the site needs Planning Commission Minutes January 5, 1994 Page 5 to be rebuilt, and that a storm pond needs to be enhanced to look like an amenity rather than a utility. Johnson confirmed that the developer's intentions are not to run the trails along the rear lot lines of the residential sites in the development. Instead, they prefer to have the lots run along the center or through the center of the island with the help of a bridge at the north and south end of that island. Johnson stated that this island design is modeled after Edinborough, and he feels that they had success in laying out the development in a manner that would create ambiance. In answer to the question about maintenance, Johnson reiterated that grasses and wildflowers would be planted bordering the path and the pond. This would provide for a natural look and beauty to the island and would once again enhance the amenity. Johnson also discussed the trail system that was designed to connect north and south, east and west, and he felt that they had a successful layout that achieves the goals that were set out for that trail system. Alan Felkner asked whether or not there would be a homeowners association. Johnson responded that there would be for the multifamily development, and there has been some discussion about having the homeowners association maintain the park land area and the land around the trails. The association has expressed an interest in the possibility, and Johnson stated he would continue to work with them and discuss that issue. Felkner stated that he had some concern about the alignment of the streets as recommended by Staff. Scott Johnson responded that he does have an alternate plan that shows the street lining up as Staff has recommended. Johnson continued by stating that the other streets in the development were designed to allow the residents of this large development to feel part of a smaller development. There are four neighborhood pods, as Bill Maurer pointed out using the overhead display. These pods are designed in a way that there are small neighborhoods within the large development neighborhood. Johnson felt this design would be successful and would enhance the feel of the development itself. Karen Edgeton asked for an explanation of what the landscaped islands are that are illustrated in the multifamily area. Johnson responded that these are part of the public street system, but they will be maintained by the homeowners association. They will be heavily landscaped and will act as an amenity to the multifamily development area. Frank Blundetto asked for further explanation of the narrowed street dimension. Bill Maurer explained that the paved portion of the street itself is not narrower. It's that portion of the right -of -way that exists outside of the curb on either side of the street commonly referred to as the boulevard. Marcia Gowling asked what the price range of the townhomes would be. Scott Johnson explained that these are a very nice country style townhome, priced from $140,000 to $180,000, and the design options include both a two and three bedroom unit. Johnson further explained that brochures of existing developments will be made available for those who are interested. Johnson concluded by stating that the townhomes have amenities that make them very distinct. The builder is very detailed oriented, which will assure them a very successful and compatible development with the single family units to the north. Planning Commission Minutes January 5, 1994 Page 6 Frank Blundetto asked how Arcon can assure that a single family development will be as carefully designed. Johnson explained that it is Arcon's practice to review each blueprint for each home prior to the submittal at the Building Inspection Department. With no further comments or questions, Chair Felkner closed the public hearing. 5C. Valley Oaks Comprehensive Plan Amendment, Rezoning, Preliminary Plat, Conditional Use Permit & Site Plan Review for 58 Multiple Residential Dwelling Units at Pennock Avenue and 128th Street This item was tabled and will appear on the January 19, 1994, meeting agenda. 6. LAND USE /ACTION ITEMS A. Rezoning for Business Park Land Use at the Northwest Corner of CR #42 and Pilot Knob Road Rick Kelley introduced this issue, stating that the proposal is for consideration of rezoning from Agricultural to Business Park on the northwest corner of CR #42 and CR #31. The rezoning request has been instituted by the City to facilitate construction of a new building for Enderes Tools. They currently are leasing space within the City and have been looking for a site to build a new facility. This area will be the first phase of a business park development located at CR #42 and Upper 147th. Business Park is a fairly recent zoning classification which allows a very light industrial business park activity within its boundary. 'BP" was the outcome of an extensive study done by the surrounding development area and staff to determine what the best use for this land would be. Kelley concluded by stating that Staff recommends approval of the rezoning of the described property from Agricultural to "BP," Business Park Zoning. Alan Felkner asked if there were any questions from the audience. There being none, he called for a motion. MOTION: Member Edgeton moved, seconded by Member Gowling, to rezone the described property at CR #42 and CR #31 from Agricultural to "BP," Business Park. The motion carried 3 - 1 ( Blundetto). This item will appear on the January 13, 1994, City Council agenda. 611. Mistwood Rezoning, Preliminary Plat and Site Plan Review for 216 Multiple Residential Dwelling Units This item was tabled until the January 19, 1994, Planning Commission Meeting. Planning Commission Minutes January 5, 1994 Page 7 6C. Huntington Ridge Garden Home Development Proposal including Rezoning & Preliminary Plat for 52 Townhouse /Condominum Dwelling Units and Outlot for 3 Single Family Lots on the west side of Pilot Knob Road between CR #38 and Dorchester Trail This item was tabled at the request of the petitioner and will reappear once the modified plans have been submitted to Staff. 6D. Avsur Acres: Rezoning and Preliminary Plat for 6 Single Family Lots between Cedar Avenue and Pennock Avenue, north of 133rd Street This item was tabled at the request of the petitioner and will reappear upon submission of revised plans. 6E. Utility Corridor and Substation at CR #38 and 130th Street by Germane Avenue This item was tabled at the request of Dakota Electric and will reappear once Dakota Electric has prepared and submitted any revisions they feel are necessary to comply with our consultant study. 7. DISCUSSION ITEMS - None - 8. OTHER BUSINESS Mike Dougherty of the City Attorney's office gave a brief presentation on the issue of variances. Dougherty's presentation was based on a memo he had prepared for the Planning Commission which outlines the variance enabling legislation, and gives direction to both Staff and the Commission on their recommendation of approval or denial of variance requests. Dougherty concluded by stating that the attorney's office is working with the Community Development Staff on an issue in an area of the City where an ordinance amendment may be the solution, as opposed to what we perceive as numerous variances based on the original design and layout of the developments in this area of the City. Karen Edgeton asked about the hardship as it relates to the land. Mike Dougherty used the Rowell case he had sited in his memo to explain hardship of land and to clarify that it is not only a hardship of land, but a circumstance unique to a site as well. Alan Felkner asked for a definition or clarification of what a physical hardship is. Mike Dougherty explained. Frank Blundetto stated that in the past there have been situations where a physical characteristic of the petitioner has been discussed, not a physical hardship of land, but a physical handicap that has caused the petitioner to need or want certain latitude from the zoning standards. Mike Dougherty explained that these variance applications are to be Planning Commission Minutes January 5, 1994 Page 8 reviewed, and the decision for or against is to be clearly articulated. The Commission may feel that there is a hardship, and as long as they clearly articulate the supporting elements of an approval or a denial of a request, then they are doing their job. Karen Edgeton stated that oftentimes when there is a Staff recommendation for denial, it is very difficult for the Commission to argue with that recommendation of denial when it seems that it is so contrary to what law will allow. A general discussion regarding variances ensued. 9. ADJOURNMENT The meeting adjourned at 8:20 p.m.