Loading...
HomeMy WebLinkAbout08/18/2004CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES AUGUST 18, 2004 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, David Schindler, Jim Hadley, and Tim Burke Members Absent: Tom Melander and Jeannine Churchill Staff Present: Community 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 "PUBLIC HEARINGS", Agenda Item S.A. Valley Oaks Estates -Consideration of a Proposed Subdivision of 12 Aces Into 17 Single Family Lots, was withdrawn. MOTION: Commissioner Hadley moved, seconded by Schindler, to approve the Agenda as amended. The motion carried 4-0. 3. APPROVAL OF MINUTES OF AUGUST 4, 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 Schindler, to approve the minutes of the August 4, 2004, meeting. The motion carried 4-0. 4. CONSENT ITEMS A. Sons Construction Height Variance -Consideration of a Variance from the Maximum Residential Height of 35 Feet to Allow the Construction of a Single Family L-Tnme B. Seasons on the Park Height Variance -Consideration of a Variance from the Maximum Residential Building Height of 35 Feet to Allow the Construction of a Single Family Home MOTION: Commissioner Schindler moved, seconded by Burke, to approve the consent agenda. The motion carried 4-0. 5. PUBLIC HEARINGS A. Valley Oaks Estates -Consideration of a Proposed Subdivision of 12 Acres Into 17 Single Family Lots Withdrawn from the Agenda. B. Knottywoods 3rd Addition Withdrawn at the request of the Petitioner. C. Home Depot CUP -Consideration of Two (2) Conditional Use Permits to Allow for Outdoor Storage and an Amendment to the Timeframe of an Existing Conditional Use Permit for the Seasonal Outdoor Display Chair Edgeton opened the public hearing with the standard comments. City Planner Tom Lovelace presented the request from Home Depot. Home Depot is requesting two new conditional use permits and an amendment to an existing conditional use permit. The first request is to allow the establishment of a 28' x 75' (2,100 sq. ft.) outdoor screened storage area at the southeast corner of the building between the outdoor garden center and the truck loading dock. The second request is for a conditional use permit for outdoor storage of propane tanks in conjunction with a cylinder exchange program. This 100 sq. ft. area would be located along the northwest corner of the building. Wire mesh steel cages would be used to store the tanks. The final request is an amendment to the existing temporary display area conditional use permit to change the outdoor display time period from its current April 15 to June 15 and August 15 to October 1, to April 15 to August 2"d. Lovelace pointed out that this is the same number of days as the original conditional use permit, but both time periods would run consecutively. Chair Edgeton asked if anything has changed in the time since the building was originally constructed that would warrant a conditional use permit for outdoor storage. She asked whether the applicant is requesting the new conditional use permit because the applicant is in violation of their existing CUP. Lovelace stated that the applicant is presently in violation of storing product in the outdoor garden center due to too much inventory. Chair Edgeton suggested that maybe the applicant should be increasing their loading dock area for storage of products rather than requesting additional outdoor storage. Michael Brady, representing Home Depot, stated that the applicant has had on-going problems with retention of store managers and that problems such as this arise as a result. Brady stated that the new managers do not read through all of the necessary rules and regulations governing the store, and therefore, are not always aware of the details of conditional use permits such as this. Chair Edgeton informed Brady that if that is the case, why would the City want to grant additional permits if they are not presently adhered to. Chair Edgeton asked attorney Sharon Hills if it would be appropriate to have Home Depot contact the City when there has been a change in management as one of the conditions of the CUP in order to guarantee that the manager is aware of the CUP. Hills stated that the request is rational. Chair Edgeton also pointed out that the applicant is requesting a CUP for something they are already providing. The Commission asked the applicant how the process of returning and purchasing propane tanks are presently handled and how it will be handled in the future. hi addition, Chair Edgeton requested staff investigate how other retail establishments, other than motor fuel establishments, sell propane tanks and the procedure used. Lovelace pointed out that the applicant is currently not allowed to sell propane tanks. The applicant indicated that they view propane tanks fitting in the category of their outdoor garden center. Brady also stated that they view selling propane tanks as a convenience to the customers since they can also purchase a gas grill at the store. Commissioner Hadley has an issue with the propane tanks not being locked and would like the applicant to consider locking them as part of the request. Rufus Davis, the present store manager in Apple Valley, stated that the propane tanks are locked up. Commissioner Hadley noted that the applicant did not indicate the height of the wall on the outdoor storage area. The applicant indicated that he would not have any problem with the Commission putting a height restriction on the wall. Chair Edgeton asked if anyone from the public had any concerns or issues and if so, they may address the Commission at this time. No comments were received from the public. 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 forth at tonight's meeting while proceeding with the proposal. D. Midwest Auto Salon CUP -Consideration of a Conditional Use Permit to Allow For a Service Bay in Conjunction with an Auto Accessory Store City Planner Tom Lovelace presented the request from Midwest Auto Salon for a conditional use permit to allow a 1T x 21' service bay for installation of automotive window tint in conjunction with an Auto Accessory Store located at 7604 147"' S~eet ~i~~est. The store ofF rs aver the ,,.,,u.ter sales car custem:z.ng parts, Such as body kits, lighting, suspension exhaust components, and wheels. In regards to traffic circulation, Lovelace reported that parking on the west side of the building would be prohibited due to the traffic moving in and out of the service bay. The building is located 22 feet from its west property line, which should be wide enough to provide access in and out of the service bay. Access to the west side of the building is gained via the rear parking asea of the Times Squase building. Lovelace informed the applicant that they need to verify that across-access easement exists that allows access from the Times Squaze building. If the easement does not exist, a provision should be made on site that will provide access to the service bay. Lovelace informed the applicant that the trash container located directly to the south of the service bay garage door should be relocated to a spot that will not conflict with traffic utilizing the tinting service. The trash enclosure should also be constructed of similar materials as the building. Forty-five (45) parking spaces are available for the 14,200 sq. ft. two-story building. Eighty (80) parking spaces would be needed if the building were to be fully occupied. Eight (8) customer parking spaces and two off-street pasking spaces for the service bay are proposed for the 1,700 sq. ft. Midwest Auto Salon. While pazking is adequate for the proposed use and the uses currently occupying the building, the building is not fully occupied. The number of parking spaces on the site may limit the amount of space that can be leased by the buildings owner. Lovelace stated that the striping that delineates the parking spaces has faded beyond recognition and should be repainted. Chair Edgeton asked Lovelace about people congregating in the parking lot and police calls to the location. Lovelace stated that he would check the loitering ordinance and whether there have been police calls to the address. Anthony Nguyen and Qui Bui, the owners of Midwest Auto Salon, addressed the Commission regarding some of the issues brought up earlier. Nguyen stated that the trash can has been moved 20 feet to the south end of the building. Nguyen stated that the owner, Delon Hazris, does not plan on leasing the 2"a floor of the building so additional parking should not be needed. The owner has also indicated to Nguyen that the pazking area will be restripped as proposed by staff. Nguyen stated that customers will not have access to the building from the Time Square building and that the concrete curb stops will be removed. Chair Edgeton asked Nguyen to explain the window tinting process in regasds to the time it takes to install Nguyen stated that it takes 3-4 hours to tint the windows and he estimates they would be able to tint 3 cazs/day. His hours of operation are 11:00 am - 8:00 pm Monday through Friday, 11:00 - 6:00 pm on Saturday and 11:00 - 4:00 on Sunday. He stated that while they do sell other automotive parts and accessories, they do not install them. They refer customers to other automotive dealers for installation of those products. Commissioner Burke suggested that as part of the enn.lifin~c ^ars not be ke^+ ^"*S:de .^.Ve n'.1 ~"`* Or Lhat 2:. add.t:cnal stora e azea ., r~ .,,.~ g.. g be designated for cars waiting to be tinted. Chair Edgeton requested staff check with the City's Building Department and Fire Department about car engines running inside of the building. In regards to loitering outside of the building, Nguyen stated that it is not unusual for customers who request this kind of service to want to remain in the parking lot to talk about their car or other cars. 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 comments were taken from the public. City Planner Lovelace discussed a letter that was included in the Commission's packet from Robert Levine, the owner of Time Square, requesting that the conditional use perrnit not be granted. He stated that the owner of the building, Delon Hams, plows the snow from his property onto Levine's property causing massive buildup and drainage issues. He indicated that a wall might have to be built to prevent this from happening in the future. Levine also suggested that some measures be implemented in the conditional use permit to stop the snow plowing practice. Chair Edgeton closed the public hearing with the standazd 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 forth at tonight's meeting while proceeding with the proposal. 6. LAND USE/ACTION ITEMS A. Dog Day Getaway CUP -Conditional Use Permit to Allow Outdoor Area in Conjunction with a Dog Daycare Operation 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 "potty" azea at 6950 146th Street West, Suite 128. The fenced area would be located on the southeast corner of the multiple tenant office/warehouse building. Bodmer reported the public hearing for this request was held on August 4, 2004. The primary issue that was raised was how the applicant would handle the waste so that it doesn't negatively impact the adjacent stormwater pond or become a nuisance to adjacent businesses. The Commission was also concerned about noise, from barking dogs, smells associated with the waste, and whether the Soil and Water Conservation District was comfortable with the design of the facility. Bodmer reviewed the issues raised by the Planning Commission and the public along with staff's response. Bodmer reported the parcel is located in the "PD-409" (Planned Development) zo..u.g d~' Stnct, wh.eh allovls a c~mb.nat.o.. of ge .eral znd light mdustn al uses. The City Council ruled that a dog daycaze was consistent with other animal care uses in this Planned Development. The applicant is now requesting a conditional use permit to construct an outdoor fenced "potty" azea. Dog Day Getaway provides during-the-day caze for up to 15 dogs per day. The facility could grow to provide service for up to 35 dogs per day. The outdoor area would be provided to allow the dogs to urinate outside. The "potty" area would be located in the southeast corner of the building and enclose with a fence. Solid waste would be physically removed everyday and disposed with the trash. Liquid waste is proposed to be managed by creating a filtered drainage azea under the fenced enclosure. Staff recommended that the asphalt be removed and that this filtering azea be constructed with 24" sand, 2"barn lime, and 4-6"pea gravel. In addition, the area should be surrounded with a raised barrier such as a curb, rail road tie, block, or similar product that ensures water does not flow out of this area and into the parking lot. The filtration area would provide filtration of the urine before it enters the ground water or drains into the stormwater pond. The applicants state they would use environmentally friendly disinfectants to clean and sanitize the azea. Bodmer reported that Brian Watson with Dakota County Soil and Water Conservation District (SWCD) reviewed the proposal. Watson provided specific recommendations regarding the design of the infiltration area to ensure no quantifiable impact to water quality. MOTION: Commissioner Hadley moved, seconded by Burke, to recommend approval of the Conditional Use Permit for an outdoor fenced "potty" area in conjunction with the operation of a dog daycare facility at 6950 146th Street West, with the following conditions: • The 11' x 39' outdoor "potty" azea shall be permitted only in conjunction with the continued operation of the dog daycare facility. • The maximum capacity of the dog daycare facility shall be 35 dogs/domestic animals. • The filtration bed of the outdoor "potty" azea shall be constructed of materials and in the manner as illustrated in Exhibit 1. Final plans to be reviewed by staff. • The outdoor "potty" area shall be screened with amaintenance-free fence such as vinyl clad, but not chain link. • The outdoor "potty" area shall be used only for dogs unless specific authorization from the City Council. • The petitioners shall remove and replace the pea gravel and lime on an annual basis no later than April 30th of each calendaz year. The petitioners shall contact the City for inspection upon removal of the materials and again when the materials are replaced. The City may charge an inspection fee in accordance with City ordinances. • A human attendant must accompany any dogs that use the outdoor area. No dogs shall remain unattended in the fenced area. • The petitioners shall ensure that the dogs do not bazk when they are outside. • The petitioners shall maintain the outdoor "potty" area in a clean and sanitary condition at all times. All solid waste must be removed a minhnum of once per day and disposed of in a sanitary manner. The liquid waste shall be managed by flushing the outdoor area with water once per day and sanitizing the area once per day using an environmentally sensitive cleaning and sanitation product. The petitioners shall ensure that the exterior of the premises outside the fenced azea is maintained in a clean and sanitary manner. The outdoor area shall be used only as an outdoor "potty" area and shall not be used as an outdoor kennel, dog run, materials storage, or any other use not specifically identified in the conditional use permit. The City may revoke this CUP if it is determined by the City, pursuant to water quality testing, that the water quality of Pond W VR- P28 has been significantly degraded as a result of the use of this outdoor "potty" area. The petitioner shall assume and pay for all water quality testing performed on Pond W VR-P28 as required by the City in connection with this CUP. The motion carried 4-0. B. South Suburban Evangelical Free Church -Site P1anBuilding Permit Authorization and Parking Lot Variance to Allow for Expansion of Existing Church Associate City Planner Margaret Dykes presented the request from South Suburban Evangelical Church for site plan building perrnit authorization fora 22,328 sq. ft. expansion, and a variance to reduce the setback for a parking lot adjacent to residential uses from 20 feet to 10 feet. The church is located at 12600 Johnny Cake Ridge Road. Dykes reported that the existing footprint of the church is 18,511 sq. ft. and the footprint of the expansion is 22,328 sq. ft., bringing the total footprint to 40,839 sq. ft. The building coverage is 19%, which complies with the zoning code. The building meets all required setbacks. The plan shows relocation of an approximately 575 sq. ft. detached garage which must be set back at least 20 feet from any property line. Mechanicals will be placed on the roof and it appears that all mechanical units meet the 20 foot setback from the roof edge. A garbage enclosure located on the east side of the expansion will be constructed of the same material as the primary structure. Dykes reported there are 217 existing pazking spaces. The expansion will remove 77 spaces, but 84 will be added for a total of 222 spaces. The plan also shows 54 additional spaces in a future pazking lot, for a total of 276 spaces. There are 689 seats in the assembly hall, which would require 197 parking spaces. There is considerable overlap for the pazking demand due to religious education classes being held during morning service. The City's code does not address pazlcing requirements for school or classrooms, but based on a review of other cities' ordinances, staffls opinion is that the 222 parking spaces would be sufficient to address parking concerns at this time. However, growth of the church will require additional pazking and staff believes that the future parking area should be dedicated to the City as proof-of-pazking which the City may require to be constructed in the future if parking demand outstrips the current supply. In relation to the variance request, Dykes reported the future parking azea will require a setback variance from the required 20 feet to 10 feet. The future parking area will be flush with the existing parking area, which is 10 feet from the south property line. On the original preliminary plat approved in 1982, the land south was zoned "A" (Agricultural). The Pinecrest Addition, the subdivision south of the church, was platted in 1984. The setback of the pazking lot is a conforming, substandard use. Staff's opinion is that this is a reasonable request for a variance to reduce the parking setback for the future lot so that it is consistent with the existing lot. Chair Edgeton asked about the water issue that neazby residents Randy and Tami Johnson discussed in a letter to the Commission. Jacob Fick, Assistant City Engineer, stated that a berm would be created to drain the water back and that the future parking area should alleviate the problem. The grading plan was also revised to prevent drainage onto the neighbor's property. Chair Edgeton requested Fick meet with the neighbors to address their issues. Mark Demeranville, representing the applicant, stated that they will be meeting with the neighborhood next Tuesday night to address any concerns they might have. Chair Edgeton suggested the Assistant City Engineer also attend this meeting. Dykes reported that staff is recommending approval of the proposed project. MOTION: Cornrnissioner Burke moved, seconded by Hadley, to recommend approval for site plan/building permit authorization for an approximately 22,300 sq. fl. foot print expansion of South Suburban Evangelical Free Church building as shown on the plans dated August 9, 2004, in conformance with al applicable City codes and standards, subject to the following conditions. The applicant shall execute aProof-of-Parking Agreement to run in favor of the City to ensure the construction of the future parking area if the City determines that parking demand exceeds supply. The applicant shall construct a berm on the east side of the future parking area to prevent stormwater runoff from draining into adjacent properties. The motion carried 4-0. MOTION: Commissioner Burke moved, seconded by Hadley, to recommend approvai of a variance to reduce the sefoack of the south boundary of the future parking lot shown on the site plan dated August 9, 2004, from the required 20 feet to 10 feet so that the future parking azea aligns with the existing parking lot. The motion carried 4-0. 7. OTHER BUSINESS None. 8. ADJOURNMENT MOTION: Commissioner Hadley moved, seconded by Schindler, to adjourn the meeting at 9:28 p.m.