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HomeMy WebLinkAbout09/15/1993CITY OF APPLE VALLEY Planning Commission Minutes September 15, 1993 1. CALL TO ORDER The City of Apple Valley Planning Commission Meeting of September 15, 1993, was called to order at 7:35 p.m. in the City Council Chambers by Chairman Alan Felkner. Members Present: Chairman Alan Felkner, Frank Blundetto, Jeannine Churchill, and Marcia Gowling. Members Absent: Jim Norris, Len Miller, and Karen Edgeton. Staff Present: John Gretz, Rick Kelley, Scott Hickok, and Keith Gordon. Others Present: See the sign -in sheet. 2. APPROVAL OF AGENDA Chairman Felkner asked if there were any changes to the agenda as submitted with the planning packet. Staff stated that there were no changes recommended. MOTION: Member Gowling moved, seconded by Member Blundetto, to approve the agenda as submitted. The Planning Commission approved the agenda unanimously. 3. APPROVAL OF THE MINUTES OF SEPTEMBER 1, 1993 Chairman Felkner asked if the staff or members of the commission had any proposed changes or corrections to the minutes. Staff responded that there were no proposed changes. MOTION. Member Gowling moved, seconded by Member Blundetto, to approve the minutes of September 1, 1993, as submitted. The Planning Commission voted unanimously to approve the minutes as submitted. 4. CONSENT AGENDA 5UII- Planning Commission Minutes September 15, 1993 Page 2 5. PUBLIC HEARINGS A. Morningview 9th Addition Rezoning and Subdivision Chairman Alan Felkner opened the public hearing with the standard remarks. City Planner Richard Kelley presented the item as listed in the staff report. This proposal entails changing the Morningview Planned Unit Development to allow townhomes in an area previously designated for condominium apartments. The proposal would provide for seven fourplex buildings containing a total of 28 dwelling units. Planner Kelley noted that information contained in the staff report makes it clear that market conditions preclude the construction of traditional 3 -story walk -up condominiums now or in the foreseeable future. Consequently, U.S. Home Corporation has requested a change to the planned unit development to allow construction of an alternate type of owner occupied multi- family dwelling units. Planner Kelley went on to say that since the proposed fourplex townhomes will occupy the same neighborhood as existing condominium buildings, particular care must be given to color and architectural design to insure a cohesive appearance. Staff has suggested that the identical colors used on one or more of the existing condominium buildings be utilized. In addition, rather than a gabled peak at the end of each of the fourplex buildings, staff has suggested the use of a "clipped hip" which would be the same roof design of the existing condominium buildings. Staff has also suggested a trailway connection between the end of this project and the pathway that exists in the Cedar Park Elementary School to the north. As part of the plat typical drainage and utility easements, including a ponding easement for the existing storm water pond adjacent to Cedar Avenue, would need to be dedicated. Planner Kelley concluded his presentation by stating that members of U.S. Home Corporation were in the audience to answer questions. Chairman Felkner asked if any of the Commissioners had questions of Staff at this time. Commissioner Gowling asked if there might be a problem caused by on -street parking with emergency vehicle access to the long private street. Planner Kelley responded by identifying the overflow parking lots and head -in parking bays on the private street as currently configured. He stated that in all cases the parking stalls provided were closer to the condominium buildings so that it would be more convenient for somebody to park in the designated parking stalls then to park on the street. He stated that the City has no record of there ever being a problem with on -street parking on this private street. Planning Commission Minutes September 15, 1993 Page 3 Bill Prichard of U.S. Home Corporation introduced himself to the Commission. He stated that they were in general agreement with staff review and recommendations on the project. He went on to state that he believed a single uniform color on all of the seven fourplex buildings would make more sense for long -term maintenance purposes. He also asked that City Staff be involved in the negotiations with the school district to receive approval for the pathway interconnection. Mr. Prichard also submitted for the record a copy of a letter from Rick King, President of the Morningview Condominium Association, stating their support for the proposed project. Mr. Prichard also noted that there will be extensive legal documentation necessary to dovetail the two separate homeowners associations, which will share certain of the common areas and maintenance responsibilities for the swimming pool. Rick King of the Morningview Condominium Association then addressed the Commission. He stated that the residents were anxious to see this project complete. For over five years, the undeveloped portion of the project has been overgrown, and the residents are happy to see that something will finally now be built upon it. Chairman Felkner then asked if there were any other members of the public that wished to address this issue at the public hearing. There being none, he closed the public hearing. Mr. Felkner then noted that it is the Commission's policy not to act on an item the same night as its public hearing, but rather to carry it over to subsequent agendas until all issues have been properly addressed, and the Commission then makes a recommendation. Planner Kelley noted that it will be three weeks before the next Planning Commission Meeting which will occur the first week in October. Since construction season will be fast coming to a close, U.S. Home Corporation feels there is some urgency in moving the project forward. Mr. Kelley noted that there appear to be no unresolved issues for this project and that U.S. Home Corporation has agreed to all of the Staff recommended modifications. He stated that if the Commission felt comfortable with the project, it would be Staffs recommendation that action be taken this evening. The general consensus among the Commission was that they were comfortable with the project and inquired of Mr. Kelley what the specific recommended motions would be. Mr. Kelley responded that there were three motions: one regarding the planned unit development, the second regarding the preliminary plat, and the third regarding the building permit and site plan approval. MOTION: Member Gowling moved, seconded by Member Churchill, to recommend approval of the Planned Unit Development ordinance to allow townhomes in this area. The motion passed unanimously 4 - 0. Planning Commission Minutes September 15, 1993 Page 4 MOTION: Member Gowling moved, seconded by Member Blundetto, to recommend approval of the preliminary plat. The motion passed unanimously 4 - 0. MOTION: Member Gowling moved, seconded by Member Blundetto, to recommend approval of the site plan and building permit authorization in accordance with the Staff recommended modifications. The motion passed unanimously 4 - 0. 6. LAND USE /ACTION ITEMS A. Lampert's Storage Yard Chairman Felkner noted that it is Staff's recommendation that this item be tabled until other issues are resolved. Commissioner Blundetto inquired as to the written chronology of actions regarding this project that had been requested at the previous Planning Commission Meeting. The Staff responded that the chronology would be included with the staff memo when the item comes back to the Commission for formal action, expected to be the first meeting in October. B. Utility Corridor and Substation Chairman Felkner noted that this item is to remained tabled until the consultant report on the corridor had been completely reviewed by Staff. He noted that both the draft and the final reports had been recently received. Staff noted that it was expected that this item would appear on the October 6th agenda for action. Chairman Felkner asked Staff if there would be renotification on this issue. Staff responded that a commitment had been made that all individuals who were originally notified of the proposed project would be renotified of the meeting at which the issue would be taken up. Commissioner Blundetto asked what would happen if one of the alternates listed in the consultant reports turns out to be the most desirable route. John Gretz responded that the likely scenario would be that the initial request of Dakota Electric would be denied, and that the City would then receive a new request from Dakota Electric for an alternative route. The whole procedure of public hearing and approvals would then commence for this alternate route. Planning Commission Minutes September 15, 1993 Page 5 7. DISCUSSION ITEMS A. Sketch Plan Review for Fender's Restaurant This item was presented by Associate Planner Scott Hickok. The sketch proposal entails the construction of a Fender's Restaurant on the northwest corner of Cedar Avenue and 155th Street in the commercial area known as Whitney Plaza. Fender's Restaurant is new to this area and serves primarily a frozen custard product, similar to Dairy Queen. Mr. Hickok reviewed the history of the Whitney Plaza commercial area, noting that it is zoned under a planned unit development with a very specific list of permitted uses. When Whitney Plaza was first proposed, the southern end of the project, which is where the Fender's Restaurant would like to be located, had been proposed to contain both a Taco Bell and a Dairy Queen Restaurant. During Staff analysis and the public hearing process, it became evident that fast food type restaurants at this location would not be acceptable. Consequently, the planned unit development specifically prohibits any restaurant use in the Whitney Plaza commercial area. Mr. Hickok then reviewed the details of the proposed site plan, highlighting issues of access, number of parking stalls, setbacks,,.and the building elevation/and construction materials. Mr. Hickok concluded his presentation by stating that Mr. Gen.6 Pedersen, the proposed developer, was in the audience to answer any questions that the Commission might have. Chairman Felkner asked Mr. Hickok why there had been such an effort to analyze the proposed restaurant in an area in which clearly the restaurant was prohibited from locating. Mr. Hickok responded by stating that the bulk of the analysis was intended to demonstrate that the proposed restaurant was likely to create the same type of adverse impacts that the previously proposed restaurants on the site had been determined to cause. Commissioner Churchill stated that the Whitney Plaza planned development commercial zoning had been a very contentious issue. There had been a lot of discussion about the adverse impacts that restaurants would bring to this area. She asked if anything had changed in the immediate neighborhood that would lead one to believe that now a restaurant would be an acceptable use here. Mr. Hickok stated that conditions had not changed. However, when a request comes in from a petitioner, Staff is duty bound to perform an analysis and present the information once again to the Commission. Mr. Gene Pedersen introduced himself and attempted to explain the restaurant proposal. He stated that it is his belief that during the Whitney Plaza hearing process the majority of the opposition revolved around the fact that two restaurants were proposed and that they would have drive - through's. This restaurant proposal has no drive- through, and he believes it would generate substantially less traffic. He stated that it was his opinion that the majority of the objectors to the Whitney Plaza zoning were not actually opposed to an Planning Commission Minutes September 15, 1993 Page 6 ice cream operation use on the site. He felt that during the hearing process to amend the planned unit development, he would be able to convince the neighborhood that his proposed restaurant was an acceptable use here. Mr. Pedersen went on at length to describe the background of the Fender's Restaurant operation. He noted that it was a new restaurant concept and that Apple Valley was a very good location to test new commercial products and enterprises. Community Development Director John Gretz added to the proceedings by noting that this afternoon he received a phone call from the owner of the property, stating that he had no interest in selling the property to any restaurant enterprise. He noted that before a formal application would be submitted or heard regarding a restaurant on this property, the land would either have to be transferred to the petitioner or else the current property owner would have to cosign the petition request. Mr. Pedersen expressed his surprise at the property owner's position regarding the restaurant. He noted that he had been dealing with a representative of the property owner as recent as 1 -1/2 hours ago and this issue had not arisen. Nonetheless, he wished to have Planning Commission input on his proposal. After Mr. Pedersen's presentation was complete, there was some discussion among the Commission regarding the land ownership issue. It was the consensus among the Commission that until this issue was resolved, they would not be comfortable offering any specific direction to Mr. Pedersen on his proposed restaurant. Mr. Pedersen stated that he understood their position and thanked them for their time. Commissioner Biundetto noted that at a previous meeting he had inquired about again receiving minutes from the City Council Meetings. He felt that receiving minutes and having the opportunity to read the discussion over particular planning issues was good feedback for the Commission. Mr. Gretz noted that he would see that the minutes would be included in future Planning Commission packets. There being no additional business, Chairman Felkner adjourned the meeting at 8:40 p.m.