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HomeMy WebLinkAbout06/02/2004CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JUNE 2, 2004 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Vice Chair Jeannine Churchill at 7:00 p.m. Members Present: *Karen Edgeton, Jim Hadley, Jeannine Churchill, David Schindler, and Alan Duff *Karen Edgeton arrived at 7:02 p.m. Members Absent: Tim Burke and Tom Melander Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, City Attorney Sharon Hills, Associate City Planner Kathy Bodmer, and Assistant City Engineer Jacob Fick. 2. APPROVAL OF AGENDA Vice Chair Churchill asked if there were any changes to the Agenda. There being none, she called for its approval. MOTION: Commissioner Hadley moved, seconded by Duff, to approve the Agenda as amended. The motion carried 4-0. 3. APPROVAL OF MINUTES OF MAY 19, 2004 Vice Chair Churchill asked if there were any changes to the minutes. Commissioner Duff made the following amendment to the minutes (highlighted in bold print): The City of Apple Valley Planning Commission meeting was called to Order by Chair Karen Edgeton at 7:00 p.m. MOTION: Commissioner Duff moved, seconded by Hadley, to approve the minutes of the May 19, 2004, meeting as amended. The motion carried 4-0. 4. CONSENT ITEMS A. Glynn Residential Setback Variance -Consideration of a 3' Variance from the Approved Front Yard Setback of 20' to Allow Construction of a Portico Over the Front Door MOTION: Commissioner Schindler moved, seconded by Churchill, to approve the consent Agenda. The motion carried 5-0. 5. PUBLIC HEARINGS A. Cobblestone Lake 4th Addition -Consideration of a Replat of Lots 7-14, 16-21, and 25-31, Block 3, COBBLESTONE LAKE 31LD Addition City Planner Tom Lovelace presented the request from Rock Creek Homes and Cobblestone Lake Cottages, LLC, for approval of a subdivision by replat of 21 existing single family residential lots into 18 new single family residential lots. Lovelace reported the property is zoned Planned Development No. 703, Zone 2, which allows for single family, two family, and 4-unit townhouse dwelling units. The applicant intends to construct single-family cottage style homes. Site plan building permit authorization review is not required for this request. Chair Edgeton asked if the same product would be used. Lovelace stated that the product will be the cottage style homes similar to the original proposal with a larger lot. The current lots range in size from 4,759, sq. ft. to 8,066 sq. ft., with an average lot width of 44 feet. The proposed replat will eliminate 3 lots, which will range in size from 5,772 sq. ft. to 8,466 sq. ft. with lot widths averaging 52-53 feet. This increase will allow the developer to make some design changes to the cottage home product. Lovelace reported that existing drainage and utility easements will need to be vacated and new easements established with the replat. If the replat is approved, some lots will have two utility services. Lovelace stated that the services should be removed prior to the issuance of a building permit. Commissioner Hadley asked how this would affect the existing streets. Assistant City Engineer Jacob Fick stated that the second lift has not been installed on the streets and the City would also be looking at capping off on the main sewer and water. Lovelace stated that Dakota County does not normally approve subdivisions with lots that are not contiguous. Any approval shall be subject to the County's review and recommendation. The applicant has informed staff that the County has indicated it would be in favor of the replat. Scott McMahon, representing the applicants, stated that they are trying to provide a family product with the yard maintained by an association. The developers are seeing a trend for larger lots. Chair Edgeton asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. No public comments were taken. Lovelace stated that it is the policy of the Planning Commission not to act on an item the same night as its' public hearing. Since there were no issues brought forth by the Commission or the public, staff is recommending approval of the proposal with the conditions outlined in staff's report. MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval of the replat of Lots 7-14, 16-21, and 25-31, Block 3, Cobblestone Lake 3ra Addition, subject to the following conditions: • Approval of the subdivision by Dakota County. • The vacation of the existing perimeter easements and establishment of new perimeter easements over the new lots. • Removal of all unnecessary private utility services prior to issuance of building permits for Lot 4, Block 1; Lot 2, Block 2; and Lot 5, Block The motion carried 5-0. 6. LAND USE/ACTION ITEMS A. Pool Ordinance Amendment -Consideration of an Amendment to the Zoning Code that Addresses Requirements for Swimming Pools and Landscape Ponds Associate City Planner Kathy Bodmer presented the request for an amendment to the City's swimming pool ordinance. On May 19th, the Planning Commission held a public hearing, at which time they requested the proposed new pool regulations and proposed new landscape pond regulations be prepared as separate ordinances for review and adoption. Staff developed separate ordinances based on the comments received from the Planning Commission. Bodmer reviewed the key amendments to the pool ordinance, which were outlined in the staff report to the Commission. Staff is recommending approval of the ordinance as amended. Chair Edgeton stated that the area requirements should be taken out of the ordinance and that depth should be the only criteria in regards to the structure meeting the definition of a pool. Commissioner Duff asked if there would be a grandfather clause for existing pools and what, if any, is the City's liability. Bodmer responded that there would not be a grandfather clause. City Attorney Sharon Hills stated there would be no liability to the City. Comrissioner Schindler asked if hot tubs and spas are included in the ordinance. Bodmer stated that any body of water meeting the criteria would be included. The Commission recommended that the title of the ordinance include hot tubs and spas. Commissioner Churchill asked if setbacks are an issue in regards to the pools placed on a utility line. Bodmer stated that pools are allowed only in the rear of the yazd and that utilities are normally on the side of a yard. Assistant City Engineer Jacob Fick stated that if a pool had to be removed for utilities, the financial responsibility would lie on the homeowner. MOTION: Commissioner Duff moved, seconded by Schindler, to recommend approval of the ordinance regulating swirmniug pools with the following conditions: • Title Change as follows: AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING SECTION 155 OF THE CITY CODE REGULATING SWIMMING POOLS, HOT TUBS, AND SPAS • Under the section titled SWIMMING POOL. The second sentence should read: Any structure which is intended for swimming wading, or recreational bathing and contains, or is capable of containing, water over 24 inches deep. • Under the section titled (A) BARRIER REQUIlZEMENTS, the paragraph should read as follows: 1. A minimum forty-ei t inch {48") high restricting access, barrier which completely surrounds and restricts access to the swimming pool, shall be installed and maintained in a sound and safe condition around a swimming_pool or around the tract of land where the pool is located. The bamer may consist of a security fence, freestanding wall, a buildin¢'s wall, or combination thereof. Spas or hot tubs with a lockine safety cover which complies with ASTM Standard F 1346-91 shall be exempt from these barrier requirements. The motion carried 4-1. Regarding landscape ponds, staff concluded that landscape ponds are intended to be part of a landscaped area and are typically not designed for swimming. Most cities do not regulate landscape ponds at all or regulate them in the same manner as they regulate pools. As a result, staff is recommending that the Planning Commission not take any action on the Landscape Pond Ordinance at this time. Commissioner Churchill stated that she would like to see the ordinance amended in regards to setbacks. The Commission also requested the title of the ordinance include the words "water features" and that staff find a section of the City's code that this ordinance might appropriately fit into. This item will be brought back to the Commission for further discussion. 7. OTHER BUSINESS None 8. ADJOURNMENT MOTION: Commissioner Hadley moved, seconded by Churchill, to adjourn the meeting at 8:35 p.m.