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HomeMy WebLinkAbout03/02/1994CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES March 2, 1994 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order at 7:02 p.m. by Chairman Alan Felkner in the Council Chambers of the Apple Valley City Hall. Members Present: Chairman Alan Felkner, Marcia Gowling, Len Miller, Jeannine Churchill, Frank Blundetto, Karen Edgeton, and James Cady. Staff Present: John Gretz, Keith Gordon, Mike Dougherty, Richard Kelley, and Scott Hickok. Others Present: See the sign -in sheet. `�. pro) &TO D\1 in Chairman Alan Felkner asked staff if there were any changes or corrections to the proposed agenda. Staff responded that Item 6B should be moved to Item 5B. This item is still in the public hearing stage, not an action item. MOTION: Member Gowling moved, seconded by Member Blundetto, to approve the agenda as amended. The agenda was approved 7 - 0. 3. APPROVAL OF MINUTES OF FEBRUARY 16, 1994 Chairman Alan Felkner asked staff if there were any corrections to the proposed minutes. Staff responded that there were none. MOTION: Member Gowling moved, seconded by Member Churchill, to approve the minutes as submitted. The motion carried 5 - 0, with 2 abstentions ( Edgeton, Cady). 4. CONSENT ITEMS - None - Chairman Felkner took this opportunity to welcome Member James Cady to the Planning Commission. He noted that a vacancy had existed on the Commission for some time, and that with Mr. Cady's appointment the Commission was now back to its full strength. Planning Commission Minutes March 2, 1994 Page 2 5. PUBLIC HEARINGS A. Cub Foods Conditional Use Permit for Outdoor Display /Sales Chairman Alan Felkner opened the public hearing with the standard remarks. Associate Planner Scott Hickok presented the item via a series of displays on the overhead projector. He noted that the current location of the outdoor garden sales activity at Cub Foods serves a dual use; when garden sales activity is not occurring, this area is used for outdoor shopping cart storage. It is proposed to restore this area for the exclusive use of outdoor shopping cart storage, and to reconfigure the area immediately west of it that is currently used for wholesale produce sales activity into an enlarged garden sales area. Additional decorative fencing and bollards would be constructed around the perimeter of this area. He noted that the removal of some of the existing curbs and sidewalks will result in the need to install some protective posts adjacent to an existing fire hydrant. Commissioner Miller asked about access from this area into the building itself; how would payment for garden materials be handled. Craig Streich of Cub Foods stated that they would use portable registers outdoors. There is no direct customer access from this area into the building, although there is a service door. Commissioner Miller asked about the security of a remote register. Mr. Streich responded that cash will be picked up every hour and that they are considering construction of a small decorative cedar building to house the register operation, as well as provide the register operator with a cellular telephone. Chairman Felkner asked if there were any public comments on this issue. There being none, Chair Felkner closed the hearing. 5B. Diamond Path Townhouses Rezoning, Preliminary Plat, and Site Plan Review for 46 Multiple Residential Dwelling Units Chairman Felkner reopened the public hearing. Associate Planner Hickok presented the item noting that this was a continued public hearing. He noted the history of the development procedure, which consisted of an initial application for an "M -4C" zoning classification and 46 dwelling units on a private roadway system. Review of this initial application centered around the issues of dwelling unit density, setbacks, and the use of a private roadway system that would have to provide access to a parcel of property located on the west. The development proposal now indicates 42 dwelling units that accomplishes the setback requirements of the 'B" multifamily zoning categories in most cases, and the use of a through public roadway to provide access to the property on the west. He noted that the developer has requested that the townhouse dwelling units be allowed to have a setback from the traveled portion of the public street in the same fashion as if it were a private street. Planning Commission Minutes March 2, 1994 Page 3 Commissioner Gowling asked that for the next meeting Staff provide information regarding the difference between the required setbacks in a 'B" versus "C" zoning category. She also asked that information be provided regarding the zoning and land uses on the adjacent properties. Peter Knaegle, representing the developer, noted that they have worked several months on this revised plan and that it does meet the Comprehensive Plan Designation of a density between 6 to 12 units per acre. He stated that they had successfully negotiated with the adjacent property owner on the west for an easement to be placed at the end of the public street for purposes of snow removal. Member Edgeton asked if the proposed townhomes would meet the 50% brick requirement. Mr. Knaegle responded that it would. Chair Felkner asked about the parking and green space in the development. Associate Planner Hickok responded that, in addition to the two car garages, there was space in front of each garage to park two cars, as well as some scattered overflow parking on the private drive system. Because a public street was being used now, there was also the opportunity for some on- street parking to occur during situations where a resident might be throwing a party. Mr. Hickok also noted that 58% of the site would be landscaped. Commissioner Edgeton asked if the location of the dwelling units might be shifted east toward Pilot Knob Road to open the site up more. Mr. Hickok noted that the existing contours of the land would make that difficult. In addition, since Pilot Knob Road will ultimately be widened and carrying more traffic, it would be advantageous to keep the units as fax away as possible from the roadway. Peter Knaeble also noted that they are attempting to meet the 75 foot minimum setback from County Road 31 from the 'B" zoning category. Commissioner Miller asked about emergency vehicle access on the private drive systems to some of the individual dwelling units. Mr. Hickok responded that the Fire Marshall and Police Department have reviewed the layout and find it acceptable. Mr. Knaeble presented an alternate location for units 7 and 8 that would move them further away from the public street. Commissioner Blundetto asked what the expected sales price of these dwelling units would be. Mr. Knaeble responded that the two -story units would sell for approximately $85,000, and the one -story units would sell for approximately $90,000. Planning Commission Minutes March 2, 1994 Page 4 Commissioner Gowling asked what the exterior building materials would be. It was noted that 50% of the exterior would be brick, with the balance being a vinyl siding. Commissioner Miller asked if additional building elevations showing all sides could be presented; the front elevations did not appear to consist of 50% brick to him. Mr. Knaeble stated that additional elevations will be presented at the next meeting. He also noted that all of the units have optional gas fireplaces. Chairman Felkner then opened the public hearing to members of the audience. Alan Zelenka of 12851 Eastview Curve, in the adjacent Radcliff Townhome neighborhood, stated that he felt that the development was too dense with buildings being too close together. He stated that in their development overflow parking stalls are accommodated off street, and felt that this presented a better appearance than the use of some on- street overflow parking as proposed in the Diamond Path Development. John Schweter of 12857 Eastview Curve stated that his townhome is the closest to this proposed development. He asked if the grading on the site would remove the hill in the center of it and if there would be effective homeowners association controls established for the development. He stated that the most northwesterly dwelling unit in the proposed development would place a garage and driveway in an open area that would be highly visible from his living room. He also noted that only one access is being provided into this site versus the two access points in the Radcliff neighborhood. Charles Bergquist of 12851 Eastview Curve asked about the status of the ponds on the five acre parcel located to the west of the proposed development at the dead -end of the public street. He also asked where the decks for these proposed dwelling units would be located on the floor plan. Chairman Felkner asked if there were any other public comments. There being none, he closed the public hearing with the standard remarks. There would be no action on this item this evening. Staff and the developer will attempt to respond to the issues raised at the hearing at the next Planning Commission meeting to be held on March 16, 1994. Member Gowling asked if staff could highlight the setback deficiencies on the plan itself at the next meeting. Member Edgeton asked if staff could provide information regarding the actual densities of the development on the adjacent properties. Planning Commission Minutes March 2, 1994 Page 5 Member Blundetto asked that the zoning categories on the adjacent properties also be presented. 6. LAND USE /ACTION ITEMS A. Avsur Acres Rezoning and Preliminary Plat for 6 Single Family Lots Associate Planner Scott Hickok presented the issue and displayed several transparencies. He noted that at the conclusion of the public hearing for this proposal, the only outstanding issue was related to the construction of the roadway on the east side of the property adjacent to Cedar Avenue. Mr. Hickok reviewed the history of development on the properties on the north and south side of the proposed Avsur Acre Plat. He stated that as these properties developed, a stub road was created on each property to provide for an ultimate interconnection that would allow for development of the east side of the Avsur Acre parcel. Mr. Hickok also noted that the two internal lots would be served by a private driveway easement following along the existing driveway. This situation is necessitated by the fact that there are two existing homes on a single parcel at this time. Due to both the narrow width of the parcel, as well as the rather severe contours of the land, it is not possible to dedicate right of way for a public street into the back lot. Mr. Hickok noted that through negotiation with the developer and the proposed purchaser of the east side of the Avsur Acre Plat, the four proposed lots would be changed into two outiots at this time. The actual physical construction of the interconnecting roadway would not be required for 36 months following final approval of the plat. At that time, the road would then be installed and specially assessed to the benefited property over a 15 year period. If, however, one of the two lots were further subdivided into buildable lots, the roadway would be constructed immediately and also assessed. Member Edgeton asked about the zoning. Mr. Hickok responded that the current zoning on the property is "R -1 ". It is proposed to change all of the parcels to an 'R -3" category. He stated that the developed properties on the north and the south are also zoned 'R -3." Member Edgeton asked if Lot 1, which is the larger of the lots, could be left as an "R -1" category to preclude a request for further subdivision. Mr. Hickok stated that this would be possible. Member Blundetto asked if the petitioner understood exactly what the staff was recommending on the roadway installation. Mr. Pendzimas responded that they did understand. Mr. Moran, the potential purchaser of the property, noted that he also understood what was being listed in the staff report. Mr. Moran also stated that previously he had Planning Commission Minutes March 2, 1994 Page 6 understood the term "development" to mean physical construction on property, and believed that the roadway would not have to be constructed until that time. He now understands that the term "development" also refers to the physical platting of property. It was the difference in the definition of this term that caused his confusion in the past. Mr. Moran also stated that he would prefer to have the last say on the date for road installation, but understood that a compromise to establish a firm date for installation three years in the future was the best possible solution for both parties. Mr. Pendzimas asked about the shared private driveway easement that was referred to by Mr. Hickok. In particular, he wanted to know if situations existed elsewhere in the city where subdivisions of land were permitted with private driveway access versus public roadways. Mr. Pensemis was informed that this situation does exist for a few older homesteads in the city, but is not allowed for new development under the current set of codes and policies. Mr. Pendzimas stated that even knowing subdivision of land with private driveways would not be permitted, he would still like Lot 1 zoned as 'R -3" rather than left as 'R -1:' MOTION: Member Churchill moved, seconded by Member Blundetto, to approve a rezoning from 'R -P' to 'R -3." The motion carried 6 - 1 (Edgeton). MOTION Member Churchill moved, seconded by Member Blundetto, to approve the preliminary plat of Avsur Acres, including a revision to show two outlots on the east end, a stipulation regarding construction of the street within 36 months of final approval, and a private driveway easement for the western two lots. The motion carried 6 - 1 (Edgeton). Mr. Moran approached the Commission over the choice of the word "within" in the motion, rather than the word "after." He felt that the motion could be construed to mean that the road could conceivably be installed immediately because that would be within 36 months. The Commission agreed with Mr. Moran that this was not the intent of the motion. MOTION Member Churchill moved, seconded by Member Blundetto, to amend the motion recommending approval saying that the road does not have to be required until after 36 months have elapsed. The motion carried 6 1 (Edgeton). Chairman Felkner noted that Items 6C and 61) have been tabled until a future meeting. 7. DISCUSSION ITEMS - None - Planning Commission Minutes March 2, 1994 Page 7 8. OTHER BUSINESS A. Tentative Work Session for March 9, 1994. The Commissioners discussed among themselves the need for a work session to discuss potential changes to the city's multifamily zoning standards regarding greenspace, and possibly densities. Several of the members noted that they would not be available for the proposed March 9th meeting. After further discussion it was determined that it would probably be best to begin the March 16, 1994, meeting early for the purpose of having a discussion. The Commission therefore decided to establish a work meeting for March 16, 1994, commencing at 5:30 p.m. Staff will have a dinner available for the Commissioners at this meeting. B. Bylaws & Procedures No action is necessary at this time. A copy of the Bylaws & Procedures has been redistributed to the Commissioners for their review. At some upcoming meeting the Commission will hold its annual business and organizational meeting at which time officers will be elected, and the Bylaws & Procedures will be readopted or amended as appropriate. Member Churchill asked about the possibility of the city having an after -hours phone number. She noted that this evening she was running late and attempted to try and contact staff to let them know she might be a few minutes late for the meeting, but was unable to get through as all the phones are switched over to a recorded message after 4:30 p.m. Staff will look into this issue. 9. ADJOURNMENT Chairman Felkner adjourned the meeting at 8:28 p.m.