Bigos Management requests amendments to the planned development zoning district, PD-739, to allow construction of a 61-unit apartment building on Block 9 and 114-unit apartment building on Block 10, Legacy of Apple Valley North.  The subject properties are located on the northeast and northwest corners of 153rd Street and Fresco Terrace, south of Kelley Park.

The petitioners have revised their earlier plans and have reduced the number of units in each of the buildings and the height of the building on Block 10.  The proposed densities now match the maximum densities outlined in PD-739 and no longer exceed 48 units/acre.  In addition, the building on Block 10 was revised so that it is four stories tall on the west end and three stories tall on the east end.  The reduced height from five stories to three stories will help to make the building on Block 10 more compatible with the Orchard Pointe townhomes to the east and southeast and Legacy Square Townhomes to the south of the site.

Block 9:  Block 9 is located west of the landscaped boulevard of Fresco Terrace.  Block 9 is currently zoned PD-739, Zone 2, which requires buildings with a mix of uses.  Bigos Management plans to construct a four-story 61-unit apartment building with a 1,100 sq. ft. "live/work" space on the first floor that will provide office area, conference room, lounge and restrooms.  The "live/work" space will be available to rent by residents and the public and, along with the apartment units, will meet the "mixed-use" requirements of Zone 2.  The space is intended to support home-based and entrepreneurial businesses.

At 61 units, the building would have a density of 47.8 units/acre.  The site plan shows that 32 off-street surface parking spaces and 28 on-street spaces will be available for a total of 60 surface spaces available; 61 surface parking spaces are required.  The petitioners will provide additional garage spaces to make up the one-space surface parking shortfall.  Sixty-four (64) spaces will be provided; a minimum of 61 garage spaces is required.  The petitioners state that this will allow some of the units to have the equivalent of a two-stall garage.

Block 10:  Block 10 is located east of Fresco Terrace and is currently comprised of two parcels.  The lots will need to be replatted to a single lot for construction of the single building/ the replat will be reviewed by the City Council in the future.  The property is zoned PD-739, Zone 3, which allows townhouses, multiple family apartments, condominiums and assisted care facilities.  The petitioners plan to construct the building with four stories tall on the west end and three stories tall on the east end.  Earlier plans proposed a five-story building on this site, but the building was scaled back to better integrate the building with the townhomes and condominiums to the east and southeast of the site.  A six story building would be permitted by the zoning district.

At 114 units, the building density is proposed to be 46.3 units/acre (48 units/acre maximum).  With 44 surface parking spaces and 28 on-street spaces, residents of Block 10 will have 72 surface parking spaces available; 96 surface parking spaces are required.  The petitioners plan to address the parking shortfall by providing additional underground garage spaces.  At 136 garage spaces, 1.2 garage spaces/unit are proposed.  Only 114 spaces or 1.0 spaces per unit are required.  The petitioners state that the 24-space surface parking shortfall can be addressed through the underground garage spaces.  Staff is concerned that underground parking tend to be less convenient, more expensive, and for some, less desirable that surface spaces.  Staff is also concerned that a planned surface parking lot for Kelley Park may be used by residents of the Block 10 building.

The petitioners are proposing to construct 17 "compact" parking spaces in the underground garage.  The spaces would be 8.5' wide; 9' wide is what the typical parking space requirement would be.  The requested spaces are consistent with previously approved compact parking spaces.

Requested Zoning Amendments:  The petitioners request the following zoning amendments:

1. Allow reduced building setbacks from 15' to 10'.
2. Allow compact parking stalls in the lower level garage.  Block 10 proposes to have 17 of 136 spaces that are 8.5' wide, rather than 9.0' wide.
3. Use excess garage parking to make up for surface parking shortfall on Block 10.
4. Reduce parking stall depth from 20' to 18' in underground garages.
5. Use of metal panels for an exterior building material.