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HomeMy WebLinkAbout02/21/2007CITY OF APPLE VALLEY PLANNING COMMISSION MIN [ JTES FEBRUARY 21, 2007 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to Order by Chair Tom Melander at 7:00 p.m. Members Present:. Tom Melander, Thomas Helgeson, David Schindler, Jeannine Churchill, Frank Blundetto, Tim Burke, and Keith Diekmann Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, City Attorney Sharon Hills, Associate City Planner Margaret Dykes, Assistant City Engineer Dave Bennett, Community Development Specialist Pequita Jordan, and Planning Intern Nick Meyers 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the Agenda. There being none, he called for approval of the Agenda. MOTION: Commissioner Schindler moved, seconded by Churchill, to approve the amended Agenda. The motion carried 7-0. 3. APPROVAL OF MINUTES OF FEBRUARY 7, 2007 Chair Melander asked if there were any changes to the minutes. There being none, he called for approval of the minutes. MOTION: Commissioner Schindler moved, seconded by Churchill, to recommend approval of the minutes of the February 7, 2007, meeting. The motion carved 7-0. 4. CONSENT ITEMS None. 5. PUBLIC HEARINGS A. Osaka Japanese Restaurant - Consider a Conditional Use Permit for On-Sale Liquor Chair Tom Melander opened the public hearing with the standard comments. Planning Intern Nick Meyers presented a request from Osaka Japanese Restaurant, Inc., for a conditional use permit for on-sale liquor in conjunction with a Class I restaurant. The restaurant is located at 7535 148"' Street W. Meyers reported that the site is located in the Times Square Shopping Center and is zoned "RB" (Retail Business). The 6,023 sq. ft. restaurant has a total of 95 seats, none of which are outdoors. The Class I restaurant requires one space per 2.5 customer seats for a minimum of 38 parking spaces. Sufficient parking is available for the restaurant at the site. There are no residential uses in the immediate area around the restaurant. The sale of alcohol should not have any detrimental effects on the surrounding uses. Meyers reported that City code defines a conditional use permit as one that is permitted in a zoning district provided certain criteria are met. Staff finds that the request for a CUP complies with the requirements of City code and is recommending approval of the CUP for on-sale liquor in conjunction with a Class I restaurant. Commissioner Churchill asked how long the restaurant has been open. Jen Lee, representing the applicant, responded that the restaurant has been open since December 14, 2006. Commissioner Blundetto commented that the restaurant is good and that the applicant is doing a nice job managing the restaurant. ChairMelander asked if anyone from the public would like to speak, and if so, they may do so at this time. Sharon Koolmo, owner of Manor Cleaners, stated that the restaurant is a good tenant and neighbor and will be a good asset for the City. Koolmo's business is located at 7595 148a' Street West in the Times Square shopping center. Koohno stated that Osaka is an excellent restaurant with good food and good service. Chair Melander closed the public hearing with the standard comments. It is the policy of the Planning Commission not to act on an item the same night as its public hearing, however, since there were no adverse comments from the public and the Commission has no outstanding issues, staff requested action on this Agenda item. MOTION: Commissioner Churchill moved, seconded by Helgeson, to recommend approval of a Conditional Use Permit for on-sale liquor in conjunction with a Class I restaurant to be located on Lot 1, Block 1, LEVINE SUBDIVISION NO. 2. The motion carried 7-0. B. "I-1" Zoning Amendment -Consider an Amendment That Would Allow for Day Care Facilities as a Permitted Use in the "I-1" (Limited Industrial) Zoning District Associate City Planner Margaret Dykes reported that JAM Business Properties, owner of the Barton Building located at 5920 148a` Street W., has requested an amendment to the City zoning ordinance to allow for daycare uses in the Limited Industrial zoning district. Dykes reported that the City zoning code currently states, "Limited Industrial districts are areas, which because of availability to thoroughfazes, suitable topography, and isolation from housing azeas, are appropriate for manufacturing, warehousing and similar industrial uses having a minimum of nuisance characteristics." Permitted uses include processing, fabrication, manufacturing, storage, warehousing, and wholesaling operations. Also permitted are offices, research labs, auto repair shops, and trade schools. Dykes reported that the Limited Industrial district does not list educational facilities, other than trade schools, community recreational facilities, or fitness centers as permitted uses; however, the City has in the past approved these types of uses for occupation in the Limited Industrial district. The City found that these uses were similar to or consistent with the permitted uses listed in the Code. Dykes stated that in the future, it might be desirable to amend to the Code to include fitness training centers and/or early childhood/special education uses as permitted uses. Businesses that are now located in this zoning district but are not listed in the zoning code are Better Body Gym (now Lifetime Fitness), Early Childhood Learning Center (ECLC), Thompson Academy of Gymnastics (TAGS), and Wise Swim School. Dykes reported that the City considers the ECLC an educational facility rather than a daycare. The ECLC does provide classes for parents and pre-kindergarten age children. These classes involve parenting skills, preschool skills, and other educational programs. They also provide testing services for kindergarten placement. The applicant indicated that the requested daycare will be a Montessori school. The name Montessori is not legally protected and can be used by anyone. The U.S. Department of Education does have an accreditation board for teachers practicing the Montessori methods; however, the City cannot regulate what is taught or the method of teaching. Staff is concerned that the proposed use may be more similaz to daycare than an educational facility such as the ECLC. Daycare uses provide supervision and care of children, but may or may not provide educational programs. Daycare uses are permitted in the Retail Business, the Neighborhood Commercial Center, and the Limited Business (via a CUP) zoning districts. Industrial uses can generate heavy truck traffic, which may adversely affect a daycare use. Pazking, traffic circulation, trash disposal, pedestrian access, green space, compatibility with surrounding uses are some issues of concern when a building designed for office/warehouse is retrofitted for uses typically found in a Retail Business district. Recent events in the City seem to also indicate a concern that land zoned for Industrial uses is being occupied by uses typically found in the General Business or Retail Business zoning districts. The applicant argues that daycare can be an advantage for surrounding businesses who have employees with children. The childcare is provided in a nearby location and thus reduces the number of trips made by a worker and giving the employee peace of mind knowing that the child is close if an emergency arises. Dykes stated that if the City determined that daycare is appropriate for the Limited Industrial district, it may want to consider daycare as a conditional use, provided it occupies not more than 50% of a multi-tenant building, and not in a stand-alone building. Chair Melander reported asked if a similaz request was made in the past. Commissioner Burke responded that the Wise Swim School was originally going to be a daycare but was denied due to its close proximity to a gas station. Commissioner Helgeson asked if a company wanted to open a daycaze at their site,. would they be able to, i.e., what was similarly done with Best Buy Corporate head quarters in Bloomington. Dykes stated that the code would have to be reviewed.. Helgeson also wanted to know if New Horizon Child Care is considered an educational facility. Dykes responded that it is considered a day care facility. Commissioner Churchill asked if staff is aware of a shortage of available child caze in Apple Valley. She also wanted to know if Montessori's are licensed schools. Dykes stated that they are licensed by the State and must meet the requirements. set forth such as fencing, etc. Dykes said that perhaps the applicant can address this further. Commissioner Schindler stated that it seems like the City's industrial land is turning into retail business and he is concerned that if retail and service uses keep expanding, at some point it will no longer be industrial. He is concerned that the City is losing head-of-household jobs. Schindler asked if there aze plans to provide an outside play area at the proposed site. He also commented that large businesses such as Uponor will soon have on-site child care in the future. Commissioner Helgeson concurred with Commissioner Schindler and added that America is a service based country and is losing industrial jobs overall. He would like to see what the applicant and the public has to say about this issue. James Madsen, the applicant and owner/tenant of JAM Business Properties, stated that the offices presently residing in the building produce little traffic. He feels there is plenty of parking and that traffic is not an issue during the day. Madsen stated the use is an educational based program for infants and children and that it meets the definition of an educational facility. He would like to see this be allowed as a conditional use. Madsen stated that alternatives are being reviewed for a play area, perhaps. an indoor play area or a small green space. In addition, the State guidelines do not require an outdoor play area, only that a park is within 6 blocks of the site and the proposal meets that criterion. Chair Melander asked if anyone from the public would like to speak, and if so, they may do so at this time. No comments were received from the public. Chair Melander closed the public hearing with the standard comments. It is the policy of the Planning Commission not to act on an item the same night as its public hearing. 6. LAND USE/ACTION ITEMS A. Cobblestone Lake South Shore. 2"d Addition -Consider Rezoning and Subdivision of Approximately 10.5 Acres for a Proposed Single Family Development Tabled at the request of the petitioner. OTHER BUSINESS Community Development Director Bruce Nordquist reminded the Commission about the Grand Opening Ceremony for Raising Cane's on Thursday, February 22, at 1:40 p.m. Cane will be present for this event. Nordquist also reminded the Commission of the informal work session scheduled for Wednesday, February 28, 2007, to discuss the Industrial Land Use Study. 8. ADJOURNMENT MOTION: Commissioner Churchill moved, seconded by Blundetto, to adjourn the meeting at 7:37 p.m.