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HomeMy WebLinkAbout08/04/2004CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES AUGUST 4, 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, Jeannine Churchill, David Schindler, Jim Hadley, and Tom Melander Members Absent: Tim Burke Staff Present: Conununity Development Director Rick Kelley, City Planner Tom Lovelace. City Attorney Sharon Hills, Associate City Planner Kathy Bodmer, Associate City Planner Margaret 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 made the following amendment to the Agenda: Under the section titled "OTHER BUSINESS", add Agenda Item 7.A. Update on Zoning Amendments. MOTION: Commissioner Hadley moved, seconded by Churchill, to approve the Agenda as amended. The motion carried 5-0. 3. APPROVAL OF MINUTES OF NLY 14, 2004 Chair Edgeton asked if there were any changes to the minutes. There being none, she called for its approval. MOTION: Commissioner Hadley moved, seconded by Churchill, to approve the minutes of the July 14, 2004, meeting. The motion carried 5-0. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS A. Dog Day Getaway CUP -Conditional Use Permit to Allow Outdoor Area in Conjunction with a Dog Daycare Operation Chair Edgeton opened the public hearing with the standard remarks. Associate City Planner Kathy Bodmer presented the request from Dog Day Getaway for a conditional use permit to construct a 38.6' x 11' (424.6 sq. ft.) fenced outdoor `dotty" azea at 6950 146th Street West, Suite 128. The fenced area would be located on the southeast comer of the multiple tenant office/warehouse building. Bodmer reported the parcel is located in the "PD-409" (Planned Development) zoning district, which allows a combination of general and light industrial uses. The City Council ruled that a dog daycare was consistent with other animal caze uses in this Planned Development. The applicant is now requesting a conditional use permit to construct an outdoor fenced "pott}~'-area. Chair Edgeton asked why the applicant didn't request the outdoor "pott}~' area at the time the City Council reviewed the permitted use. Bodmer stated that the owner was anxious to get the business started and knowing that a conditional use permit was needed for the outdoor area, staff encouraged them to request it at a later date. Dog Day Getaway provides during-the-day care for up to 15 dogs per day. The facility could grow to provide service for up to 30 dogs per day. The outdoor area would be provided to allow the dogs to urinate outside. Dogs that are housebroken have a difficult time using an indoor "potty" area. Waste would be handled by physically removing any solid waste. Liquid waste would be managed by creating a filtered drainage area under the fenced enclosure. The applicant has stated that they will remove the asphalt under the fenced azea and fill it with sand or gravel. Pea gravel would be placed on top of the base to provide filtering before any liquid waste enters the ground water. The Commission was concerned about the pea gravel. The applicant did not state how deep the area would be, and what would happen in the winter when the area freezes (how would the applicant melt it down to clean it). The applicants also stated that they would use environmentally friendly disinfectants to clean and sanitize the area. Commissioner Churchill stated that it would be difficult for the City to know if the area was being cleaned. Bodmer stated that it would be difficult to monitor, however, if the area because a nuisance, the City would investigate. Bodmer reported there is a storm sewer catch basin located on the southeast corner of the parking lot, just south of the enclosed area. Storm water collects in this catch basin and empties into the pond abutting the property to the south. One concern is that if the drainage from the outdoor "potty" azea is not properly managed, it could drain directly into the storm water sewer system and then into the pond. Commissioner Melander stated that he lives close to Lake Alimagnet which has a dog pazk. Dogs are allowed to be off of their leash and are constantly jumping in and out of the water. The water quality has been tested and is still safe. Bodmer reported that she visited a similar dog daycare facility in Eagan. The business constructed a similaz outdoor fenced area and covered it with an awning. The City of Eagan required that the area be cleaned a minimum of two times per day and sanitized with a diluted bleach solution once per day. The City of Eagan reported they have not had any complaints with the outdoor area at this facility. Chair Edgeton asked if the Eagan facility is close to a storm water sewer system. Bodmer responded no. Edgeton also inquired if there was an odor in the Eagan outdoor area. Bodmer stated that there was some odor when you got close to the area. Brian Watson, Dakota County Soil and Water Conservation District (SWCD) stated in his written comments to staff that the best method for protecting water quality would be to require aself-contained septic system that would be pumped out periodically: This would require installation of a septic system. Bodmer reported that to her knowledge, no other dog facilities in Dakota County have been required to install a septic system for outdoor runs or kennels. Watson stated that it maybe possible to provide an infiltration area as proposed by the applicants, but it maybe necessary to replace the substrate materials periodically. Assistant City Engineer Jacob Fick stated his opinion is that the proximity of the catch basin to the proposed area is not an issue. In addition, he feels the vicinity of the pond is a moot point and that the filter bed should be sufficient. Commissioner Schindler stated that he has 3 concerns with the project: The water quality of the pond, the smell, and the noise of the dogs being outside. Commissioner Schindler wanted to know what other tenants are located in the building at the Eagan dog day caze. Bodmer reported that it is primarily consist of retail. The applicant's location is surrounded by a psychological clinic, an adult day care, and office/wazehouse facilities. Commissioner Schindler requested staff talk to tenants in the Eagan location to see if there aze any problems with noise and smell. Schindler also stated that the design and materials to be used needs to be explicit including the fencing materials to be used. The applicants, Carey Edwards and Nicole Lushine, addressed the Commission. The applicants stated that they had done research on toxins in urine and found it to be minimal. Commissioner Churchill disagreed. Churchill stated that the nitrogen found in urine is strong enough to kill grass. They stated that the dogs are not fed at the day Gaze and that all of the dogs would not be going to the "potty" azea at the same time and that some would probably not go at all during their stay. They also stated that the ground is a natural filter for urea. Chair Edgeton asked if anyone from the public would like to address the Commission. Linda Wiger, 13953 Everest, is employed at the adult day caze facility located in the same building as Dog Day Getaway. She wanted to make sure that traffic is not obstructed azound the building. Chair Edgeton closed the public hearing with the standard comments. Chair Edgeton stated that it is the policy of the Planning Commission not to act on an item the same night as its public hearing. The Commission requested the applicant take into consideration the issues and concerns brought for that tonight's meeting while proceeding with the proposal. 6. A. Hazelwood Subdivision -Rezoning and Subdivision by Preliminary Plat To Create Six Single Family Lots Associate City Planner Kathy Bodmer presented the request from Miles Development for a rezoning from "A" (Agriculture) to "R-CL" (Residential Cluster) and subdivision by preliminary plat to create 6 lots for single family development. The 5 acre parcel is located at 13955 Diamond Path. The petitioner wishes to rezone the property to "R-CL" (Residential Cluster) so that the front yard setbacks for the lots can be reduced from 30' down to 25'. All of the other "R-3"zoning requirements of the R-3 (Single family, min. lot 11,000 sq. ft.) would be used. The property is proposed to be subdivided into six single family lots. Duluth Court will be extended from the west and terminate in a cul-de-sac in the development. The plat shows that right-of--way will be dedicated for 140th Street West and Diamond Path (County Road 33). Because the plat is adjacent to a Dakota County Road, it is subject to the County's Contiguous Plat Ordinance. The County will need to review and approve the plat before it is filed wit the Recorder's Office. Bodmer reported that the revised grading plan shows that the 10' retaining wall on the north side of the site was removed, resulting in the loss of three significant healthy oak trees totaling 57 caliper inches. The developers agreed to mitigate for these trees on aninch-per-inch basis. The site contains a low area on the north side of the development that was found to not be a wetland. The area will be used as a storm water infiltration area that will provide infiltration of the first %2 inch rainfall event. The grading of the site will result in the loss of significant trees, so tree mitigation will be required. Jeff Kehrer, the City's Natural Resources Coordinator, reviewed the tree plan and notes that the majority of the trees are box elders and elms. The plan indicates that 1,115 caliper inches will be removed as a result of the development. This represents 58% of the total caliper inches on the site. The final tree count will be reviewed and approved in conjunction with the issuance of a Natural Resources Management Permit. Bodmer reported that the developer will be required to construct trail adjacent to their development along 140th Street West. In addition, an escrow will be taken for the fixture construction of trail adjacent to Diamond Path. Commissioner Hadley asked if the large infiltration area would help with the water problem. Assistant City Engineer Jacob Fick stated it is his intent to create a catch basin to soak up water for the property to the west and to build a dike in the area for the property to the north. Chair Edgeton also suggested the developer work with the existing two neighbors to install a buffer between Summerfield and the new development. Mark Gergan, representing Miles Development, addressed the Commission. He stated he has been in contact with the next door neighbors, the Larsons, to address their concerns. Gergan feels the trees will benefit the neighbors to the north and the west. Bodmer stated that the rezoning of the property is consistent with the zoning of adjacent properties and the proposed subdivision complies with the City's subdivision ordinance. Staff is recommending approval of the development with the conditions outlined in staffls report. MOTION: Commissioner Churchill moved, seconded by Melander, to recommend approval of a rezoning of the subject property from "A" (Agriculture) to "R-CL" (Residential Cluster) to allow 25' front yard setbacks for each of the lots. All of the other requirements of the "R-3" (Single family, 11,000 sq. ft. min. lots) zoning district shall be met. The motion carried 5-0. MOTION: Commissioner Churchill moved, seconded by Melander, to recommend approval of the subdivision by preliminary plat of Hazelwood to create six (6) single family lots with the following conditions: The Plat shall be reviewed and approved by Dakota County in accordance with the Dakota Count Contiguous Plat Ordinance. An eight foot (8') bituminous pathway shall be constructed along 140th Street West as it abuts the development. The petitioner shall place in escrow the cost of the future construction of an eight foot (8') bituminous pathway adjacent to Diamond Path. The trails shall be installed in accordance with the City's Sidewalk and Trails Plan. A drainage and utility easement shall be dedicated over the storm water infiltration area on the northern portion of the property. The capacity of the drainage area shall be sufficient to infiltrate the first -inch rainfall event. B. Dick's Valley Service -Conditional Use Permit for Outdoor Storage of Vehicles and Site Plan/Building Permit Authorization Associate City Planner Margaret Dykes presented the request from Dick's Valley Service for site plan building permit authorization fora 17,640 sq. ft. building and a conditional use permit for outdoor storage of vehicles. Dick's is considering moving from its current location to two platted parcels located northwest of the intersecfion of Foliage Avenue and 146th Street West. The subject lots are zoned "I-2" (General Industrial), which allows for automobile service and repair facilities with outdoor storage as a conditional use. Dykes reported that any approval of the requested Conditional Use Permit and site plan building permit authorization would be contingent upon the vacation of the easements and the replatting of the properties. The Planning Commission held a public hearing on this Agenda item at its July 14`h meeting. Many comments and concerns were brought forth at that hearing. Dykes addressed these concerns with the Commission. For the conditional use permit request, the applicant submitted two proposals. One plan shows the outdoor storage area screened by aneight-foot (8') high vinyl fence to be placed behind afour-foot (4') berm. The second plan shows the fence place on top of the berm. Both plans show the fence terminating at the west property line where it meets with asix-foot (6') high chain-link fence that encloses the storage yard for Lamperts Lumber. A sight line study was submitted showing the view for residents of the townhouses in the Midtown Green development. The study shows that if the fence is constructed behind the berm, residents would be able to view 102 feet into the outdoor storage area. If the fence is placed on top of the berm, the majority of the 200 foot wide outdoor storage area would be screened. Staff's opinion is that the fence should be constructed on top of the berm to provide the most screening of the outdoor storage area. Jack Grottin, representing the applicant, indicated that he would like to construct the berm in front of the fence help to screen it. Commissioner Churchill suggested landscaping on top of the berm. Chair Edgeton indicated she would like to see an attractive fence. Cormissioner Churchill suggested the fencing materials be approved by staff. The site plan shows an approximately 17,700 sq. ft. building to be used for auto repair. The building and parking lot meet all required setbacks. The plan shows 86 parking spaces. The City could require up to 59 spaces depending on the number of employees. Parking spaces and drive-aisle widths conform to City code. The site plan shows an area for future parking/outdoor storage that will contain 84 parking spaces. The applicant stated this area will be undisturbed until the future parking area is needed. Dykes stated that an amendment to the CUP would be needed if this area is developed in the future. Commissioner Schindler asked about the maintenance of this area. Dykes stated that the applicant will mow it occasionally. Building mechanicals will be placed on the roof. They must be adequately screened per City code. A berm shown on the east and north side of the outdoor storage area will be planted with a mix of deciduous and evergreen trees. The elevations show the building will be composed of exposed aggregate, precast concrete panels with a smooth band of concrete running along the top third of the building and a stamped band running along the base of the building. The plan shows 14 overhead garage doors to accommodate the repair bays. Staff finds that the request for a conditional use permit and site plan building permit authorization substantially complies with applicable City codes and is recommending approval with the conditions outlined in staffs report. MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval of a Conditional Use Permit to allow outdoor storage of vehicles on Lot 3, Block 1, APPLE VALLEY INDUSTRIAL PARK 3RD ADDITION; and Lot 2, Block 1, APPLE VALLEY INDUSTRIAL PARK 4~ ADDITION, in conformance with "Option B" as shown on the revised site plan dated July 29, 2004, with the following conditions: All necessary easements shall be vacated on the subject lots, and the subject lots shall be replatted into one lot. The CUP shall not be issued until the final plat is filed with Dakota County. The outdoor storage area shall be for the storage of motor vehicles, which shall be stored in an orderly fashion. The outdoor storage area shall be screened by a combination of an eight-foot (8') high solid, opaque vinyl fence that meets with City staff approval be located on top of a four-foot (4') high berm to be constructed on the north and east sides of the outdoor storage area, shown as "Option B" on the submitted site plan dated July 29, 2004. Said fence shall be kept in good repair. If the abutting west property is developed for a use other than the current lumber storage yard, the applicant shall screen the west side of the outdoor storage area with a minimum eight foot (8') high fence. The outdoor storage area shall be paved with concrete curb and gutter. No outdoor storage of vehicles or equipment shall be allowed on the north portion of Lot 1, Block 1, APPLE VALLEY INDSUTRIAL PARK Srn ADDITION. Any future expansion of outdoor storage shall require an amendment of the CUP. The motion carved 5-0. MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval of site plan building permit authorization for an approximately 17,600 sq. ft. building to be used for auto repair and servicing as shown on the plans dated June 23, 2004, and revised July 29, 2004, in conformance with all applicable City codes and standards, and with the following conditions: • No grading shall commence until the applicant has obtained a Natural Resources Management Permit. • The applicant shall submit a revised Utility Plan to satisfy the City Engineer's concerns. • The applicant shall submit a nursery bid list that confirms the landscape materials meet or exceed 1.5% of the value of the construction of the building based on Means Construction Data. • All rooftop mechanicals shall be adequately screened to comply with City code. The motion carried 5-0. 7. OTHER BUSINESS A. Zoning Code Amendments Update Community Development Director Rick Kelley reported that staff aze in the process of preparing amendments to the Zoning Code. However, the amendments will not ready for the August 18~' Planning Commission meeting but will be on the September ls`Agenda. 8. ADJOURNMENT MOTION: Comrnissioner Melander moved, seconded by Churchill, to adjourn the meeting at 8:23 p.m.