1. Recommend approval of a draft ordinance amending PD-739 related to setbacks, parking stall dimensions, number of parking stalls and exterior building materials, subject to execution of a development agreement and planned development agreement and the following conditions:
   1. Park dedication shall be a cash-in-lieu of land dedication.
   2. A license to encroach agreement shall be executed for the private improvements that encroach into City drainage and utility easements.
   3. A Private Installation and Maintenance Agreement shall be executed for the long-term maintenance and functioning of private storm water retention/infiltration basins and structures.
   4. The City Engineer shall determine whether a public or private project will be used to remove, relocate and/or reconstruct existing public services on the sites.  A Private Installation Agreement shall be executed for any private work conducted on public infrastructure.
   5. Drainage and utility easements shall be dedicated for the relocated storm water infiltration basins, subject to final approval of location by the City Engineer.
   6. A restricted Access Easement shall be dedicated along Foliage Avenue.

    

2. Recommend approval of Site Plan/Building Permit Authorization for a 61-unit apartment building on Block 9 and a 114-unit building on Block 10, subject to compliance with all City Codes, and the following conditions:
   1. Site plan/building permit authorization is subject to the approval of amendments to PD-739 and execution of a Planned Development Agreement.
   2. Site plan/building permit authorization for Lots 1 and 2, Block 10, is subject to approval of a final plat to combine the two lots into a single lot.
   3. Site plan/building permit authorization is subject to approval of vacation of existing drainage and utility easements and dedication of new easements on Blocks 9 and 10, The Legacy of Apple Valley North, as approved by the City.
   4. A lighting plan shall be submitted at the time of application of the Building Permit subject to review and approval by the Planner.
   5. No sign approval is given at this time.  A separate sign permit must be obtained prior to the installation of any signs on the site.
   6. The owner shall submit a nursery bid list at the time of application of the building permit that confirms the value of the landscape plantings meet or exceed 2-1/2% of the value of construction of the building based on Means Construction Data.  Landscape material may include plant materials, underground irrigation systems, public art, fountains, decorative paving, and other outdoor common area elements that create an enhanced sense of place and foster positive social interaction. 
   7. Minor modifications to the site plan may be required as a result of the findings of the Traffic Impact Study, subject to final review and approval by the City Council.
   8. Minor modifications to the site plan may be required to address the outstanding storm water management issues, subject to final review and approval by the City Council.
   9. The plans shall be revised to address the issues identified in the City Engineer's November 29, 2017, memo.
   10. The plans shall be revised to address the issues identified in the Building Inspector's August 28, 2017, memo.

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 Bigos Kelley Park development was reviewed at the Planning Commission's October 18, 2017 and November 1, 2017, meetings.  At the November 1, 2017, meeting, the petitioners provided responses to the issues identified at the public hearing.  The last step was to create a draft ordinance that incorporates the features of the new plans.  The draft ordinance is attached for the Planning Commission's review.

Block 9:  Block 9, located west of the landscaped boulevard of Fresco Terrace, 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, Block 9 would have a density of 47.8 units/acre which meets the PD-739 requirements.  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; 64 surface parking spaces are required for the apartments and the live-work space.  The petitioners will provide additional underground garage spaces to make up the four-space surface parking shortfall.  Sixty-four (64) spaces will be provided in the garage; a minimum of 61 garage spaces are required.  

The petitioners propose to reduce the depth of the majority of garage parking stalls from 20' to 18'.  Of the total 64 parking spaces, 39 (61%) would be 18' long, 8 (13%) would be 19' long, and 17 (26%) would be 20' long.

Block 10:  Block 10, east of Fresco Terrace, 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 on the west side and three stories on the east side.  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, Block 10 would have a density of 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.  The petitioners also state that constructing additional underground parking spaces will allow for more open space and green space.

The petitioners are proposing to reduce the depth of the majority of the garage parking stalls in the garage from 20' to 18'.  In addition, 15 of the 136 spaces (11%), are proposed to be compact stalls with stalls reduced from 20' to 18' long, and width reduced from 9' to 8.5'.  Of the 136 spaces, 87 (64%) are proposed to be 18' long, 34 (25%) are proposed to be 20' long, and 15 (11%) are the compact spaces.  The requested "compact" spaces are consistent with previously approved compact parking spaces in the Parkside Village Galante building.

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 in Block 10 with 15 of 136 spaces that are 8.5' wide, rather than 9.0' wide.
3. Allow reduced parking stall depth from 20' to 18' and 19' in the underground garages.
4. Use excess garage parking to make up for surface parking shortfall.
5. Use of metal panels for an exterior building material.

Staff is also proposing to amend the PD-739 district by clarifying permitted uses in Zone 2 and removing cedar and/or redwood as an acceptable exterior building material.