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HomeMy WebLinkAbout09/06/1989Gott � Wiz`_ �d Ca/;Y PLANNING COMMISSION MINUTES CITY OF APPLE VALLEY SEPTEMBER 6. 1989 1. CALL TO ORDER The September 6, 1989 meeting of the Apple Valley Planning Commission was called to order by Chairman Robert Erickson at 7:34 p.m. in the City Council Chambers of the City of Apple Valley City Hall. Members Present: Chairman Erickson, Members Carlson, Felkner, Weldon, Kleckner and Sterling. Members Absent: Marcia Gowling. Staff Present: Richard Kelley, Meg McMonigal, Kurt Chatfield, Dennis Welsch, Lon Aune, Dennis Miranowski, Tom Lawell Others Present: See the sign -in sheet. 2. APPROVAL OF THE AGENDA The agenda was approved with the following amendments. Item 6 -E, Residen- tial Parking Revisions was moved from a Land Use Action item to Item 7 -C a Discussion Item, and Item 6 =F was postponed until October 4, 1989. With those corrections the agenda was approved. 3. APPROVAL OF THE MINUTES OF AUGUST 16, 1989 The minutes of the August 16, 1989 were approved as written. 4. CONSENT AGENDA (Items needing no discussion may be placed on this agenda by Commission members. One motion sends item on to the City Council with the staff recommendations.) None. 5. None. 6. PUBLIC HEARINGS LAND USE ACTION A. 052 - Coady North Rezoning and Comprehensive Plan. LOCATION: North Side of the Zoo Road, Approximately 800 Feet East of Cedar Avenue. PETITIONER: City of Apple Valley (PC89- 042 -ZP). STAFF REPORT: August 31, 1989 by Associate Planner Meg McMonigal. Associate Planner Meg McMonigal provided a review of the Coady North Rezoning case. She noted that the Park Commission was asked to review the Coady site as a potential park. On August 22, 1989 the Park Committee recom- mended that no park be located at this site because of its lack of acces- sibility and because of its proximity to the Cedar Knolls Park. Planning Commission Minutes September 6, 1989 Page 2 Associate Planner McMonigal recommended changing the current Comprehensive Plan designation from the "D -III" to "D -II" and changing the current zoning on the site from "R -IA" to "M -1 ". Member Weldon asked for progress report on the rezoning request of the property to the north of this site which would be rezoned from "M -3" to a number of separate zones. Staff responded that the area to the north, Hidden Ponds, will be scheduled for public hearings in the future. A general discussion ensued regarding the density on this site. Member Kleckner stated that the Coady North site is a tough piece to gain access to and noted that he owns an adjacent residential lot. He suggested that access to this site might be easier from the east. MOTION: A motion was made by Member Felkner, seconded by Member Carlson, to recommend changing the current Comprehensive Plan designation from "D -III" to "D -II" and the current zoning from "R-IA" to "M -1 ". Member Sterling asked if another public hearing would be necessary before development could occur. Staff responded that a subdivision or a rezoning hearing may be necessary if the density were to be increased to the "M -3" density allowed on the site east of the Coady parcel. Member Kleckner asked for clarification regarding access to the site and reimbursement provided to the owner of the parcel for restricting access along the zoo road. The motion as offered by Member Felkner and seconded by Member Carlson carried 5 -0 -1, with Member Kleckner abstaining. C. 005 & 049 - Hallwood /McNamara /Others. LOCATION: Between Pennock and Cedar from 138th Street to 134th Street. PETITIONER: City of Apple Valley (PC89- 059 -Z) STAFF REPORT: August 31, 1989 by Associate Planner Meg McMonigal Associate Planner McMonigal reviewed the past record of the Hallwood and McNamara sites and recommended rezoning of the Halls, McNamara, Schultz, Erickson, and Maurer property from "R -1A" to "R -1C ". Staff also recommended retaining the existing Comprehensive Plan designation of "D -II ". Community Development Director Dennis Welsch explained that the City Administrator and he had met with Mrs. Schultz an owner of property in the area and had agreed to prepare a concept plan for the entire area showing the numerous proposals which had been proposed and the park land alternatives along Pennock Avenue. This would then be available to the property owners for use in their deliberations with potential developers. At the same time the City will begin the process to designate an official road right -of -way within this development area in order to assure that a entrance for the north -south occurs in a proper location on 138th Street W. Public hearings would be necessary and would be held in late October. Members Sterling and Kleckner recommended that the area along Cedar Avenue is not suitable for single family homes. Planning Commission Minutes September 6, 1989 Page 3 Mary Kay Erickson, 13660 Pennock Avenue, stated that she was opposed to the "M -1" zoning because of the existing single family homes in the area and because it would take away from the value of her home. It was pointed out that the proposed zoning would be in conflict with the proposed comprehensive plan designation, thus perpetuating the situation the City is attempting to correct. MOTION: Member Carlson moved, seconded by Member Weldon to table this case until new zoning categories are in effect regarding multi- family con - zoning districts in mid to late November. Motion carried 5 -1 with Member Sterling voting in opposition because she was concerned about the ability of the Planning Commission to answer questions as quickly as possible regarding the existing and proposed zoning in the area. 6C -2. 005 - Hallwood Highlands LOCATION: East side of 133rd Street West, adjacent to Cedar Avenue. PETITIONER: Russell and Barbara Hall STAFF REPORT: September 1, 1989 by Associate Planner Meg McMonigal Associate Planner Meg McMonigal presented a report dated September 1, 1989 in which she recommended the Hallwood Highlands five acre site currently designated as "D -II" on the Comprehensive Plan and "M -2" on the City Zoning Map be accepted with no further changes for this site. She noted that the representatives of the property had been present at previous meeting (and were present this evening) to state their opposition to any changes from the current "M -2" zoning. Chairman Erickson expressed concern that the owners Russell and Barbara Hall had originally opposed townhouses to the north. He questioned why the Halls wished to retain the "M -2" designation on their property. Member Carlson stated that he was concerned with the density problems between the Comprehensive Plan "D -II" designation and the "M -2" zoning designation which would allow for 6 and 12 units per acre respectively. City Planner Kelley explained that the new zoning would allow up to 6 units per acre and would bring the zoning and the comprehensive plan densities into compliance. MOTION: Member Sterling moved, seconded by Member Carlson, to table action on this issue until the new Zoning Code and Comprehensive Plan have been presented and adopted. Motion carried 6 -0. 60. Setback Variance for New House. LOCATION: 13131 Galleria Place. PETITIONER: Jim Koestering, Custom Energy Homes (PC -89- 022 -V). STAFF REPORT: September 6, 1989 by City Planner Richard Kelley City Planner Richard Kelley provided a background report explaining the need for a front setback variance to allow the building to set within 20 feet of the front property line and a sideyard setback variance to allow the building to set within 9 feet of the side lot line. He recommended approval of the variances based upon topographic and vegetation hardships. Planning Commission Minutes September 6, 1989 Page 4 Applicant Jim Koestering stated that the primary reason for the variance request was to save trees on the site and to allow the trees to act as a noise buffer from Cedar Avenue. A general discussion ensued regarding the location of the proposed house in relation to houses on lots nine and eleven which were adjacent. Mr. Koester - ing offered a letter from adjacent owner Bill Coady stating support for the variance and noting that he (Coady) may be requesting a variance on an adjacent lot in the future. MOTION: Member Kleckner moved, seconded by Member Weldon to recommend approval of the front yard setback variance of ten feet and a sideyard setback of variance of one foot subject to obtaining a letter of approval from the owner of lots nine and eleven (Bill Coady). The motion carried 5 -1. E. Building Permit Authorization Fire Station #1 LOCATION: Northeast Corner of County Road #42 and Hayes Road. PETITIONER: City of Apple Valley (PC89- 062 -B) STAFF REPORT: September 6, 1989 by City Planner Richard Kelley City Planner Richard Kelley provided a background report which described the request for the approval of building permit authorization in accordance with site landscape and elevation plans dated August 28, 1989. In addition he recommended a resolution finding a capital expenditure for this improvement is in compliance with the Comprehensive Plan. Assistant City Administrator Tom Lawell and the project architect Ellen Luken representing Winsor /Faricy Architects, Inc., explained the details of the project and exterior materials. Member Kleckner asked for clarification on the fire station roof problems and on the details of grading the pond adjacent to the station. MOTION: Member Felkner moved, seconded by Member Sterling to recommend approval of the building permit authorization. Motion carried unanimously. MOTION: Member Erickson moved, seconded by Member Sterling to adopt a resolution relating to the acquisition of Fireman /Veterans Park and to state that this project is consistent with the Comprehensive Plan. Motion carried unanimously. MOTION: Member Erickson moved, seconded by Member Weldon to adopt a resolution relating to the proposed construction addition to Fire Station #1 noting that it is consistent with the City's Comprehensive Plan and Capital Improvements Program. Motion carried unanimously. Planning Commission Minutes September 6, 1989 Page 5 G. Neighborhood Center Zoning PETITIONER: City of Apple Valley (PC89- 058 -BV) STAFF REPORT: August 30, 1989 by Community Development Director, Dennis Welsch Community Development Director, Dennis Welsch, provided background informa- tion and a series of overheads and slides illustrating different types of performance standards the City would be requiring if the proposed performance . standards for neighborhood centers was adopted. He then reviewed the key points within the proposed zoning text amendment. Member Kleckner suggested that a conditional use permit be allowed for hours of operation to allow flexibility to owners who operate at hours other than 6 :00 a.m. to 11:00 p.m. He also requested that the new ordinance contain language allowing a conditional use permit for parking and expanded office facilities within neighborhood centers. The Staff responded that both options would be available and that the new amendment to the City's parking code now requires changes in uses to also change the number of parking spaces, consistent with the demands of the new use. Mr. Dennis Klose and Mr. Art Eaton expressed interest in the neighborhood center performance standards. They stated, in general, that they liked the idea of a residential appearance for such neighborhood center commercial buildings, while allowing the interior of the buildings to remain a commercial center. Mr. Eaton stated that he currently designing a building which would allow for retail areas on the sides of a site and the back of a site which would face Cedar Avenue. Each of the buildings would have between 6,000 - 8,000 square feet. The buildings would be built of brick, timber, and stucco. He noted that such buildings would be more expensive to build. Mr. Eaton suggested that fast -foods be an integral part a neighborhood center in order to make the economics of the project work. The Planning Commission and Mr. Eaton and Mr. Klose agreed that there should be a definition that would allow for the sale of over -the- counter retail food items, such as yogurt and sandwiches. A general discussion ensued regarding whether fast -food restaurants such as a McDonald's, Hardee's, or Burger King would be allowed on these sites. Member Carlson stated he would prefer to have no fast -food restaurants in a residential area as the proposed currently states. However, he saw no problem with the addition of a deli or over - the - counter food operation. City Planner Kelley noted that a restaurant may best be defined by the volume of kitchen space, sales, or food counterspace. Member Sterling was concerned about the amount of trash that could be piled around such a center and also expressed concern about the ability to manage teenagers who would visit the site. Dennis Klose stated that he represented partners who owned the Cedar Knolls retail business site. He stated that he would entertain a guide plan amendment which would allow for some type of commercial- planned- unit- develop- ment. This planned- unit - development could include a number of options for a restaurant on his site. Planning Commission Minutes September 6, 1989 Page 6 City Planner Kelley stated that a conditional use permit could be written for sit -down or deli /yogurt over- the - counter retail uses, but the purpose of the neighborhood center should be to prevent stand -alone community wide operations such as McDonald's or other franchise projects as being incompatible with the residential area. Mr. Eaton stated that a neighborhood center may not be the right location for a McDonald's or Hardee's or a similar operation but could be a site for a Pizza, Subway Sandwiches, yogurt or ice cream store. MOTION: Member Carlson moved, seconded by Member Weldon to table action on this item until the next available meeting to clarify food issues and review beer and wine issues. Motion carried unanimously. 7. DISCUSSION ITEMS A. Cedar Knolls Commercial Area - ZonCon 002. Community Development Director Dennis Welsch provided a background report in which he described the need to begin resolving the differences between the Comprehensive Plan and the Zoning on the Cedar Knolls site. In the Cedar Knolls site the Comprehensive Plan states "D -III" while the City Zoning Map states "RB ". He provided details to the Pennock- Cedar- Garrett Land Use Study as examples. Dennis Klose representing the partnership owning the Cedar Knolls site stated that he would prefer a better quality neighborhood center but is unsure of the market at this time. The market at this time has been inconclusively and he is not prepared to develop at this time. He would propose that an amendment to the Comprehensive Plan for a commercial planned unit development much as other communities allow. This would provide for a mix of retail, office, and apartment zoning. As an illustration he noted that he currently has an office in a building which has forty tenants. The forty tenants are adjacent to single family homes. He noted that the best use of the site may be years away but that his partnership would develop the site to include a Tom Thumb convenience /dairy story today if forced to retain the existing retail business zoning by beginning development. Chairman Erickson referred to the concerns expressed in the Pennock- Cedar- Garrett Study relating to traffic, noise, and density. Mr. Klose stated that he would work with the City on a new Land Use Plan for the site and hoped that the City would investigate the possibility of a commercial - planned- unit - development with a new Comprehensive Plan designation to include such things such as Churches, Limited Business Retail, Business and Office Space, as well as some housing. He stated that the existing George's Market should be included within any plan for the Cedar Knolls site. The Staff was directed to review the possibility of creating a commercial - planned- unit - development designation within the Comprehensive Plan and to report back to the Planning Commission at its October 11, 1989 Planning Commission meeting. Planning Commission Minutes September 6, 1989 Page 7 B. Coady South Project General discussion ensued regarding the Coady South project. Mr. Coady had requested a delay in the decision on the Coady South property in order to provide additional information and to meet with City Staff. Mr. Coady did meet with City Staff (Welsch) and stated he was doing further studies with his marketing consultant. Mr. Coady was not present and his information was not available. No further action was necessary. C. Urban Affairs Recommendation on Parking. Community Development Director Dennis Welsch provided an overview and discussion of the Urban Affairs Committee recommendation to amend the current parking requirement, allowing vehicles (cars, trucks, RV's and non - motorized RV's) to park in residential lots. He stated that Staff had expressed concern about the use of a pavement parking permit and the five foot side yard setback required for all parking. There was enough uncertainty in the way the ordinance was written to request that the Planning Commission take no action for at least two weeks. The Planning Commission directed Staff to prepare an amendment and respond to the Planning Commission at its' September 20, 1989 meeting. 8. OTHER BUSINESS A. Resolution - City's Development District and Tax Increment Financing Proposals. MOTION: Member Carlson moved, seconded by Member Weldon to adopt a Tax Increment Financing Resolution which states that the developments within the financing amendments developments in District 9 and the proposals for creation of Tax Increment District 11 (to provide public utilities amenities and buffering from residential areas) is consistent with the City's Comprehensive Plan and Zoning Code. The motion carried 5 -1. B. Gravel Update The Planning Commission asked for further detail regarding the environmen- tal impact statement for gravel mining and the update to the City's Gravel Ordinance. Staff responded that the EIS "pre- draft" would be available soon C. Calistro Correspondence Member Sterling asked for copies of correspondence between Chairman Erickson and Mrs. Calistro regarding rezoning of her property. Staff provided copies of the letters which had been placed in the City files. 9. ADJOURNMENT The meeting adjourned at 10:24 p.m. kg