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HomeMy WebLinkAbout03/17/2004CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MARCH 17, 2004 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Karen Edgeton at 7:00 p.m. Members Present: Karen Edgeton, James Hadley, Jeannine Churchill, *Tom Melander, and David Schindler *Commissioner Melander amved at 7:04 p.m. Members Absent: Alan Duff and Tim Burke Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, City Attorney Sharon Hills; Assistant Planner Kathy Bodmer, Assistant Planner Margaret Milton Dykes, and Assistant City Engineer Jacob Fick. 2. APPROVAL OF AGENDA Chair Edgeton asked if there were any changes to the Agenda. Community Development Director Rick Kelley added Agenda item 7. A., OTHER BUSINESS -Discussion of Accessory Uses in "LB" (Limited Business) Zones. Chair Edgeton called for approval of the Agenda as amended. MOTION: Commissioner Hadley moved, seconded by Churchill, to approve the Agenda. The motion carried 4-0. 3. APPROVAL OF MINUTES OF MARCH 3, 2004 Chair Edgeton asked if there were any changes to the minutes. There being none, she called for its approval. MOTION: Commissioner Schindler moved, seconded by Churchill, to approve the minutes of March 3, 2004. The motion carried 4-0. 4. CONSENT ITEMS A. Apple Valley Retail Building Setback Variance -Consideration of a Variance to Allow for the Encroachment of an Existing Retail Building One Foot (1') into the Required Front Yard Setback of 100 Feet MOTION: Commissioner Hadley moved, seconded by Churchill to approve the consent Agenda. The motion carried 4-0. 5. PUBLIC HEARINGS A. Legacy Village Daycare Center -Conditional Use Permit to Allow the Construction of a Daycare Center Chair Edgeton opened the public hearing with the standard remarks. Assistant Planner Margaret Dykes presented the request from the Hartford Group for a conditional use permit for an approximately 14, 000 sq. ft. daycare facility to be located on the proposed Lot, Block 1, The Legacy of Apple Valley 4e` Addition. The property is guided "MIX" (Mixed Use) in the City's Comprehensive Plan Guide. The subject property is zoned "PD-716, Zone 2" (Planned Development, which allows for daycare facilities as a condifional use. Dykes stated the City Council reviewed and approved an amendment to the zoning code to allow daycare facilities as a conditional use at its meeting of February 26, 2004. Dykes reported the applicant is now requesting approval of the Conditional Use Permit for the daycare facility. The site plan dated February 9, 2004, shows a daycare building with a footprint of approximately 7,000 sq. ft. The total area of the building is 14,053 sq. ft. The total space dedicated to classrooms, offices, a gym, a kitchen, staff room, and other spaces that will be used by children are caregivers is 7;200 sq. ft. The building meets all required setbacks. The daycare requires 25 parking spaces. The daycare will share parking with the Tuscany Apartments and Lebanon Valley Apartments. The three uses require a total of 529 parking spaces (underground and surface). The site has 524 parking spaces, which is 5 spaces short, but staff is comfortable with the shared parking in this area. In addition, the City's traffic consultant has no major outstanding issues with the 'shared parking model. Dykes reported staff is recommending approval of the proposed conditional use permit for the 14,000 sq. ft. daycare facility with the conditions outlined in her report. Chair Edgeton asked if anyone from the public had any comments or concerns, and if so, they may do so at this time. No comments were received from the public. Chair Edgeton stated that it is the policy of the Commission not to act on an item the same night as its public hearing, but since no adverse comments were received from the public or the Planning Commission, she recommended the Commission take action tonight. MOTION: Commissioner Churchill moved, seconded by Hadley, to approve a Conditional Use Permit for an approximately 14,000 sq. ft. daycare facility as shown on the plans dated February 9, 2004, with the following conditions: a. The City approves the proposed Lot 2, Block 1, The Legacy of Apple Valley 4`h Addition. The CUP shall not be issued until the final plat is filed with Dakota County, and all the conditions of the required executed Development Agreement have been met by the developer. b. A drop off/pick up lane, if included, shall be located in the back of the building and shall not have direct access from an arterial or collector street. c. Any drop off/pick up lane circulation pattern, including ingress and egress, shall be designed to not have an adverse impact on overall pedestrian and vehicular traffic of the azea. d. Recreational areas shall be located inside the building or on the roof and shall be appropriately screened and fenced. e. The ordinance amendment permitting a daycaze as a Conditional Use, which was approved by the City Council on February 26, 2004, shall be effective. The motion passed 5-0. 6. LAND USE/ACTION ITEMS None. 7. OTHER BUSINESS A. Review Current Swimming Pool and Fencing Requirements Assistant Planner Kathy Bodmer presented a review of the City's existing swimming pool and pool fencing requirements. The City regulates swimming pools and swimming pool fencing by first, what constitutes a swimming pool, and second, when fencing to secure a pool is required. New trends in landscape design and portable above-ground swimming pools have made it necessary for the City to evaluate and consider amending its existing requirements. Bodmer stated the current code is as follows: SWIMMING POOL. That which is built or constructed to contain water over 1.5 foot in depth or with a capacity of over 1, 000 gallons. Bodmer reported that the advances in pool design have resulted in the availability of inflatable and soft-sided above-ground pools that can contain well over 18" of water. Some temporary "kiddy pools" meet the definition of a swimming pool under the existing ordinance, and therefore, a homeowner would be required to install a 6 foot fence, whether it is a temporary or a "kiddy pool." Another trend the City has been encountering is elaborate landscaped yards that incorporate water features. Bodmer reviewed what other cities' pool regulations are in comparison to Apple Valley. Bodmer also included how Apple Valley's code could be updated to address the above issues. Bodmer concluded that this item is a discussion item only. The City Council will also be discussing this item at its informal meeting on Apri18`h. If the Planning Commission has specific recommendations as to how and if the ordinance should be amended, Bodmer would like to present them to the City Council at the informal meeting. Chair Edgeton questioned the purpose of having a fence. Bodmer responded it is for safety reasons. Edgeton stated that she feels it is the owner's responsibility to ensure safety. Commissioner Churchill stated that she would also not be opposed to making the fence height requirement 4 feet versus 6 feet. hi addition, Bodmer pointed out that the State building code requires a 4 foot fence. Commissioner Schindler stated that in terms of safety, he is comfortable with a 4 foot fence rather than a 6 foot fence. Commissioner Churchill stated that she would not object to increasing the water depth when a structure is classified as a pool from 18 inches to 24 inches. Chair Edgeton feels the 1,000 gallons of water capacity should be eliminated because most owners don't know what size water capacity they have. Commissioner Melander stated that the City can't make ordinances to protect everybody. John Bergman, a resident at 14691 Guthrie Avenue, addressed the Commission on the issue of landscape ponds. Bergman has a pond at his residence and feels that the landscape requirements fit into the swimming pool ordinance regarding depth, size, fencing requirements, etc. Bergman stated that his pond is designed with landscaping features in order to not attract someone who might want to swim in it. Bodmer stated that she will bring up the issues from the discussion to the City Council at their Apri18`h informal session and will await further guidance from the Council as to whether an amendment to the ordinance is necessary. B. Discussion of Accessory Uses in "LB" (Limited Business) Zones City Planner Tom Lovelace reported that the Apple Valley American Legion has requested approval to build a pavilion on the land next to their existing clubhouse; the Legion owns the subject land. The Legion is proposing a 40'x 60' structure with a concrete floor, asphalt roof, and maintenance-free soffit and fascia. The structure will be used for Legion functions with the primary use being their Fourth of July celebration. Lovelace reported that currently the ordinance does not allow accessory buildings in the "LB" (Limited Business) zoning district. Lovelace is seeking input from the Commission as to whether such structures should be allowed in the "LB" zoning district. The Couunission discussed the pros and cons of having such a structure. Community Development Director Rick Kelley stated that the Commission could provide standards for accessory buildings in "LB" zoning districts and tie it to other permitted uses such as a lodge or a club. Commissioner Churchill wanted to be careful to not create the idea that an establishment could just add a building on to their property. The Commission's consensus was to allow accessory buildings in the "LB" (Limited Business) zoning district as a conditional uses provided the accessory buildings were associated with primary permitted uses. The Commission directed staff to proceed with developing the conditions and bring this item back before the Commission at a public hearing. 8. ADJOURNMENT MOTION: Commissioner Schindler moved, seconded by Churchill, to adjourn the meeting at 8:14 p.m.