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HomeMy WebLinkAbout06/03/1987 CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES June 3, 1987 Minutes of the meeting of the Apple Valley Planning Commission held Wednesday, June 3, 1987, at 7:30 p.m. at the Apple Valley City Hall. PRESENT: Chairperson Robert Erickson; Commission Members Richard Carlson, Marcia Cowling, Virginia Sterling, Phillip Peterson, Arleigh Thorberg; Staff Members Rick Kelley, Meg McMonigal, Keith Gordon; 70+ members of the public. ABSENT: Frank Kleckner. 1. Chairperson Erickson called the meeting to order at 7:34 p.m. 2. Approval of Agenda. Mr, Kelley reported that Item 6, Revised Preliminary Plat for AGENDA Apple Ponds Development be deleted from the agenda for tonight's meeting. Mr. Peterson indicated that he would like Item lla. Discussion on Policy of Width of Lots added to the agenda. MOTION: of Carlson, seconded by Cowling, to approve the agenda as amended. VOTE: Yes, 6; No, 0 3. Approval of minutes of May 20, 1987. Ms. Sterling asked if the City Council members see the minutes MINUTES OF before they are corrected and she was told "Yes" along with the MAY 20. 1987 procedure for filing the minutes. Ms. Cowling pointed out that under Item 6, the correction should be made to read Palomino Drive is designated as a community collector designed to handle about 6,000 trips per day (rather than 30,000 trips per day as recorded). MOTION: of Thorberg, seconded by Sterling, to approve the minutes of May 20, 1987, as corrected. VOTE: Yes, 6; No, 0. 4. Public Hearing for Soccer Facility. LOCATION Northwest Corner of future Calaxie Avenue and future 157th St. W. PETITIONER: Emporium Sportscenters, Inc. PH SOCCER FACILITY Chair Erickson opened the Public Hearing with the standard opening remarks. Mr. Kelley presented the petition for a Rezoning from A to P and Preliminary Plat for a Soccer Facility. This privately owned commercial indoor soccer facility would have two soccer fields and a support building with locker rooms, a pro shop, etc. The approval of this plat would require an amendment to the Compre- hensive Plan, and whether or not a park will be developed in conjunction with this facility is still an unresolved matter. Mr. Gordon commented that utili- ties are 1/2 mile from any City services, but if given word today for approval, utilities could probably be installed just before "freeze up ". This will be difficult to accomplish before freeze up and any delays would really make the PLANNING COMMISSION MINUTES June 3, 1987 Page 2 project difficult. Mr. Gordon has prepared a preliminary report for extending sewer and water down from Galaxie Ave. and 153rd St. The architect for the project reviewed plans indicating parking for 113 cars, a concrete sidewalk along 157th St., a bituminous pathway along Galaxie Ave., with the site consist- ing of 32% building, and parking /soccer fields constituting the remaining 68% of the area. The soils are very good and grading will not be an issue. Minor berming will occur and landscaping will be provided along the parking lot area. Chair Erickson was told this proposal is no different site wise from the first proposal. The difference is that in this proposal the matter of any extra park land or park dedication is not being considered - -the matter of park land is a separate issue. Ms. Cowling was told that Phase 2 would be built in a timely fashion if Phase I were well received. The proposed building height of 30' is acceptable. Mr. Thorberg clarified that services could be installed at Galaxie or Cedar Avenues, whichever is most convenient. The desire is to break ground as soon as possible with completion of Phase 1 in three to four months. No one from the Public wished to speak to this Public Hearing; therefore, Chair Erickson closed the Public Hearing with the standard closing remarks. MOTION: of Sterling, seconded by Thorberg, to recommend changing the Compre- hensive Plan designation for this area (part of the NE 1/4 of the SW 1/4, Section 34) from multiple residential to quasi institutional. VOTE: Yes, 6; No, 0. MOTION: of Sterling, seconded by Cowling, to recommend the rezoning from A (Agriculture) to P (Institutional) the northwest quadrant of the intersection of future Galaxie Ave. and future 157th St. W. VOTE: Yes, 6; No, 0, MOTION: of Thorberg, seconded by Cowling, to recommend approval of the Pre- liminary Plat for the Soccer Emporium. VOTE: Yes, 6; No, 0. MOTION: of Peterson, seconded by Sterling, to recommend approval of the Building Permit for the Soccer Emporium. VOTE: yes, 6; No, 0. This item will appear on the June 18 City Council Agenda. 5. Consideration of a Rezoning to M -2 and Preliminary Plat for REZONING TO M -2 Crestview Forest Townhomes. & PRELIM PLAT, LOCATION Southwest Quadrant of the Intersection of Palomino CRESTVIEW TWNHMS Drive and Garden View Drive PETITIONER Vista Development, Inc. Mr. Kelley presented the petition for consideration of a rezoning to "M -2" and Preliminary Plat for a 142 unit townhouse residential development. Mr. Kelley reviewed comments from the Planning Department, and Public Hearing comments were again reviewed. He indicated that with 142 units, six trips per day per dwelling unit would result in an additional 740 trips per day on Palomino Drive which as a capacity of 6,000 trips per day (currently 3,400 trips per day west of the Garden View Drive intersection and 3,800 trips per day east of it). An informal meeting was held on site so that residents could walk the area and get a better feel for it. Mr. Thorberg noted, though, that most of the residents remained on Palomino Drive. Mr. Thorberg discussed the problem of tree removal. Construc- PLANNING COMMISSION MINUTES June 3, 1987 Page 3 tion of a townhome development as proposed will not result in the removal of more trees than a detached single family development of 11,000 square foot lots. Development of the property for large lot detached single family homes or a re- duced number of townhome buildings would reduce the number of trees which would have to be removed. Therefore, Mr. Thorberg indicated he would like to see the east end of the property be developed into large single family lots and the west end towards the area of limited business be zoned for townhouses. For example, 1/2 single family and 1/2 townhouses. Ms. Sterling indicated that beginning construction at 100' from the edge of the sidewalk on Palomino Drive rather than at the proposed 41' would result in the saving of a lot °of trees, including some big oaks. Chair Erickson indicated he has a hard time with some of the concerns of the residents - -that is opposition because of increased numbers of children, increase in the traffic, etc. Mr. Carlson indicated he has difficulty with the possibility of a townhouse development in that area just from driving by-- single family seems most appro- priate. He suggested perhaps there could be a compromise. Chair Erickson indicated that statistically, townhomes generate considerably less children than single family homes. Chair Erickson indicated he sees this area as a buffer zone between the single family residential and CR 38, so a mixed development of townhomes and single family might be more desirable. Mr. Peterson said that he felt single family would provide a buffer -- northwest AV, he indicated, has more of its share of multiple dwellings. The trees on this acreage are a part of the few remaining pieces of wooded land in AV high school district. Ms. Sterling indicated this area has been zoned for single family and many people moved into the large homes /lots across Garden View and in Hunter's Woods knowing this was zoned single family. There has been no valid reason to date as to why this should not remain single family. Chair Erickson reminded the Commission and Audience that the Petitioner's re- quest is in compliance with the Comprehensive Plan. Speaking from the Public: Mr. Lou Clark, 13119 Heritage Way, Forrest Point referred to a request made 2- 1/2 years ago denying a zoning change because property was already zoned at a certain level. He felt that if the Planning Commission were to grant the petit- ioner's request, they would be acting in the opposite manner of why 2 -1/2 years ago a change could not be made. Mr. Kelley explained to Mr. Clark procedures for rezoning and also the fact that the property owner has the right to request a rezoning. Ms. Rita Dureco, Cimarron Road, AV -- referred to her Land Use Guide and Zoning Map dated April, 1978, and the new one she had just received. She indicated it has been zoned this way for nine years and people purchased their homes accord- ing to this information. ?ir. Gene Peterson, AV-- commented on 92 units vs. 140 units. He felt it is owed to the citizens of AV to maintain the area of beautiful homes /sites. He indi- cated that a circle of townhomes buffered with single family homes /trees would be in keeping with the surrounding area. Ms. Sterling questioned the petitioner as to whether he would consider rearrang- ing units so that the townhomes would be more in the flat area of the parcel with single family homes /trees on the higher ground, which could be seen from PLANNING COMMISSION MINUTES June 3, 1987 Page 4 Palomino Dr. and Garden View Dr. The petitioner indicated he would have to talk to the landowner regarding this request. Mr. Peterson suggested that a revised plan be drawn with residents in the area helping with the design - -this should accomplish more. MOTION: of Carlson, seconded by Sterling, to TABLE Item 5 until the developer has the opportunity to revise plans for Crestview Forest Townhomes. VOTE: Yes, 6; No, 0. A PETITION CONTAINING 521 SIGNATURES AGAINST THE PROPOSAL WERE PRESENTED TO THE COMMISSION. 6. Revised Preliminary Plat for Apple Ponds Development. DELETE 7. Consideration of Rezoning and Preliminary Plat- -Royal Oak Estates. LOCATION Between 132nd and the Zoo Rd., East of Cedar Ave. REZONING & PETITIONER: Bill Coady PRELIM. PLAT, ROYAL OAK ESTATE Mr. Kelley presented the Preliminary Plat and petition for Rezoning to R -1C for 16 detached single family lots and one outlot for future development. There is adequate room for street access in Outlot A. MOTION: of Thorberg, seconded by Sterling, to recommend approval of the re- zoning of Block 1 (part of the N 1/2 of the NW 1/4 of Section 22) to R -1C and the Preliminary Plat of Royal Oaks, subject to the utiliza- tion of the teardrop cul -de -sac design. VOTE: Yes, 6; No, 0. 8. Sign Variance Request, LOCATION Apple Valley Shopping Center SIGN VAR. REQ. PETITIONER Dr. Larry Saliterman & Mr. Robert Levine Ms. McMonigal presented the petition for a sign variance to allow an additional sign on the back of the building at the Apple Valley Shopping Center which would face CR #42 and thus allow the business to be seen from the road. Discussion followed as to the fact this faces a frontage road, a visitor (Little Caesar's representative) indicated their lack of exposure to the intersection of Cedar and CR #42. Mr. Peterson cited the example of TCBY with their signs on two fronts. Ms. Sterling indicated the work they did on the new sign ordinance over a 6 -month period trying to cover every possible situation. This request does not appear to meet the criteria to be used for granting a sign variance. MOTION: of Cowling, seconded by Thorberg, to recommend that this variance request not be approved, as this request does not meet the criteria as set in the ordinance. VOTE: Yes, 5 (Cowling, Peterson, Thorberg, Carlson, Sterling); No, 1 (Erickson). PLANNING COMMISSION MINUTES June 3, 1987 Page 5 9. Sketch Plan Review for Lot Split or Day Care Center. LOCATION On Cedar Frontage Road, North of 138th St. W. SKETCH PLAN REV. PETITIONER Mary Wilker. LOT SPLIT OR DAY CARE CENTER Ms. McMonigal presented the petition for Lot Split or Day Care Center. No drawn plans were submitted for either proposal and the petitioner was not present at the meeting. The two lots for single family homes would be desirable; no Day Care Center should be built in that area. 10. Report on 350' Public Notice Boundary. Mr. Kelley reviewed a report on the required 350' Public Notice 350' BOUNDARY Boundary. Chair Erickson wondered if it could be worded to read NOTICE REPORT 350' with a minimum of six property owners and expand the radius of the mail notice if necessary. Ms. Sterling suggested the possibility of placing a sign on the property in question. Further discussion concluded that the best publicity would be to place a notice in the two free newspapers--"This- Week" and "The Countryside ". The Notice of Public Hearing could be bold print along with the particular property being discussed appearing in bold print. The property description should be in layman's terms. MOTION: of Sterling, seconded by Cowling, to request that the City Council place an ad in the two free newspapers ( "ThisWeek" and "The Country- side") each week when a Public Hearing is scheduled in addition to the required legal notice to include a layman's description of the affected property with the notice always being of a similar size, location, and format. VOTE: Yes, 6; No, 0. lla. Discussion, Allowable Width of Lots. LOT WIDTH Mr. Kelley indicated lot width is purely a policy issue. Guidelines are needed so that a policy can be established. For lots to be less than 80' wide and 11,000 sq. ft. in area would be considered substandard. Ms. Sterling indicated she would like to see this standard set so that a moratorium could be recom- mended that the already 118 of the substandard lots in the City not be increas- ed. If we are to have so many people per acre, Ms. Sterling indicated she would rather have them in apartment buildings rather than small homes. Have the town- houses or apartments available. If we are to go below certain requirements for dimensions of lots with staggered setbacks, etc., this could lead to many re- quests for variances. In the planned development, a clause could be written in indicating that building pads for homes could be set to accommodate expansion space in the future. MOTION: of Erickson, seconded by Sterling, that in the City of Apple Valley, 118 of the lots are of a size less than the minimum required by Or- dinance and that the City has no established policy for controlling developments containing the substandard lot size. It is recommended that an absolute moratorium be in effect until the City has a policy to control that particular type of development that would include substandard lot sizes. VOTE: Yes, 6; No, 0. PLANNING COMMISSION MINUTES June 3, 1987 Page 6 llb. Finding of Fact. FINDING OF FACT Mr. Carlson asked if the Planning Commission needs a legal reason to turn down a request for rezoning. Mr. Kelley indicated that in the end it becomes a deci- sion of the City Council; but if this matter were to become a court case, the court would rely heavily on the determination used by the Planning Commission. The Planning Commission would expect the City Attorney to prepare a formal FIND- ING OF FACT REGARDING CRESTVIEW FOREST TOWNHOMES PROPOSAL should they vote a- gainst the proposal. Ms. Sterling indicated that at a training session she attended it was suggested that all Planning Commission meetings be tape recorded. Mr. Kelley indicated the City Attorney feels it is better not to have the proceedings on tape. 12. Adjourn. ADJOURN MOTION: of Carlson, seconded by Thorberg, to adjourn the meeting at 10:00 p.m. VOTE: Yes, 6, No, 0. APPROVE SECRETARY