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HomeMy WebLinkAbout03/07/2007CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MARCH 7, 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, Jearuune 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 Kathy Bodmer, Associate City Planner Margaret Dykes, Assistant City Engineer Dave Bennett, and Community Development Specialist Pequita Jordan 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 Burke moved, seconded by Churchill, to approve the Agenda. The motion carried 7-0. 3. APPROVAL OF MINUTES OF FEBRUARY 21, 2007 Chair Melander asked if there were any changes to the minutes. There being none, he called for approval of the minutes. MOTION: Commissioner Burke moved, seconded by Churchill, to recommend approval of the minutes of the February 21, 2007, meeting. The motion carried 7-0. 4. ANNUAL BUSINESS MEETING The Planning Commission held its Annual Business Meeting for the purposes of electing new officers for the year and to considerre-adoption or amendment to the Commission's mission statement and/or bylaws as appropriate. Copies of both the mission statement and by-laws were included. in the Commission's packet. In addition, at the City Council meeting of February 25, 2007, existing members Blundetto and Burke were reappointed for another 3 year term. Chair Melander opened nominations for the office of Chair. S:\planning\PLANWMM\2007 agenda & minutes\030707m.doc MOTION: Commissioner Churchill moved, seconded by Burke, to nominate Frank Blundetto, Tom Melander, and Jeannine Churchill as Chair of the Planning Commission. A$er a vote by ballot, Jeannine Churchill was nominated by a majority of the Commission as Chair. Chair Churchill opened nominations for the office of Vice Chair. MOTION: Commissioner Churchill moved, seconded by Burke, to nominate Tom Melander, Thomas Helgeson, and David Schindler as Vice Chair of the Planning Commission. After a vote by ballot, Tom Melander was nominated by a majority of the Commission as Vice Chair. Chair Churchill opened nominations for the office of Secretary. David Schindler was unanimously appointed as Secretary of the Planning Commission. *Commissioner Helgeson left the meeting at this time. MOTION: Commissioner Burke moved, seconded by Melander, to readopt the mission statement. The motion passed 6-0. MOTION: Commissioner Burke moved, seconded by Melander, to readopt the bylaws and renumber references from the City Code of Ordinances from 17-3(b) to 32.32(B), 17-3 to 32.37, and 17-2(b) to 32.36(B). The motion carried 6-0. 5. CONSENT ITEMS None. 6. PUBLIC HEARINGS A. CVS Pharmacy Prairie Crossing -Consider Amendments to "PD-629" (Planned Development to Allow Two Drive-thrus in Conjunction with Retail Uses and Amendments to the Approved Site Plan Subdivision; and Site Plan/Building Permit Authorization to Allow fora 12,900 sq. ft. CVS Pharmacy and a 13,600 sq. ft. Future Multi-tenant Building Chair Jeannine Churchill opened the public hearing with the standard comments. Associate City Planner Kathy Bodmer presented the request from Velmeir Companies/CVS for the Prairie Crossing Commercial property located south of County Road 42 and west of Dove Trail. The applicant is requesting the following: Zoning amendments to PD-629 to allow the following: - A drive-thru window for a pharmacy - A drive-thru window for amulti-tenant commercial building. - Amendments to the approved site plan. Subdivision by preliminary plat to create two lots. • Site plan review building permit authorization to construct a 12,900 sq. ft. CVS Pharmacy and a 13,600 sq. ft. multi-tenant retail building. Bodmer reported that the Prairie Crossing Commercial area was comp plan guided and zoned for neighborhood commercial uses in 1997. The site's zoning district, PD-629, Zone 4, establishes permitted uses, a site layout and an exterior building design for the three lots. Specific performance standards were established to ensure that the commercial area would be compatible with and architecturally similar to the Tousignant's Prairie Crossing development to the west. The commercial area was specifically intended to provide for the day-to-day commercial needs of adjacent residential neighborhoods. Bodmer reported that the applicants wish to construct a 12,900 sq. ft. pharmacy and a 13,620 sq. ft. future retail building on separate lots. The applicants request an amendment to the planned development to allow drive-thru windows on both buildings. Bodmer stated that care will need to betaken to ensure that the site and buildings are properly designed so that they are oriented to and compatible with the neighborhood and not simply a "highway commercial" development. Bodmer stated that the adopted plan for the Prairie Crossing commercial area showed that Lot 1, Block 1, would have two multiple tenant buildings configured in a modified L-shape with a shared sidewalk/patio area. The multi-tenant buildings were to have small neighborhood businesses such as coffee shops, sandwich shops, dry cleaners, and other similar uses. The shared sidewalk/patio opened np to a gathering area between the two buildings to provide an outdoor seating area for the adjacent neighborhood residents and patrons of the commercial businesses. The approved plan showed the west building would be 12,000 sq. ft., while the southern building was a total of 18,000 sq. ft. The exterior elevations of the buildings were designed to be compatible with the architectural style of the Prairie Crossing residential area. The CVS plans that were presented do not appear to meet those requirements. The proposed plan indicates a 12,900 sq. ft. pharmacy would be located on the southeast side of the lot and a 13,620 sq. ft. multi-tenant building would be located on the west side. Access to the site would be from Dove Trail with two accesses on the north and two on the east. The property is proposed to be developed in two. phases, with the CVS Pharmacy in the first phase and the multi-tenant building constructed in the future. The proposed parking layout indicates that the site is 26 spaces short of the requirement. The minunum parking required for the Pharmacy is 73 spaces and the multi-tenant building is 77 spaces. A total of 150 spaces are required and only 124 spaces are shown constructed on the site. A large rain garden is indicated on the south side of the site. However, the applicants have provided no details on how this area will be designed. Planting materials are also not specified for the area. The applicant is required to install landscaping at 5% of the value of the construction of the building. The main entrance to the pharmacy is located on the northwest corner of the building. The drive-thru for the pharmacy is proposed to be located on the southwest corner of the site. It will be necessary to distinguish the stacking lane for the drive- thru from the rest of the circulation of the parking lot. Additional curbing is needed to create a channel for the traffic flow through the drive thru. A minimum of 6 cars must be accommodated in the stacking area. The City's Traffic Engineer recommended that the applicant consider moving the drive-thru to the east side of the building to allow for stacking of vehicles. Drive-throe are currently not permitted in the planned development zoning district and would require an amendment. Bodmer reported that the multi-tenant building on Lot 1 is located within a drainage and utility easement on the south side of the lot and must be relocated. Building coverage on Lot 1 is 32%, which exceeds the maximum 25% coverage allowed by the ordinance. A drive-thru lane is shown on the north side of the multi-tenant building approximately 100 feet from the condominium building west of the site. The City prohibits fast-food restaurants from locating less than 1,000 feet from residential uses due to the nuisance characteristics of fast-food restaurants that include heavy traffic volumes, deep-fried foods, idling cars, and more. Bodmer stated that the ordinance could be crafted to ensure that adrive-thru is allowed for coffee shops and similar uses. The plans do not indicate any screening to the residential properties to the. west. Headlights from cars using the drive-thru will shine directly onto the rear of the condominium building abutting the site. Bodmer reported that the grading plan was reviewed by the Assistant City Engineer and his comments were included in the Commission's packet. He has no significant issues at this time. Berming will need to provide a buffer between the commercial area and the residential area to the west. The elevations of the buildings are proposed to be constructed with a combination of decorative block, face brick, and EIFS. The proposed exterior of the CVS building is identical to the exterior of the Galaxie Avenue CVS except for the pyramidal hipped roof element over the main entrance. The landscape plans will need to be revised to address the issues stated in the report from the City's. Natural Resources Coordinator. A lighting plan was submitted but is not legible. A revised, readable plan will need to be submitted. Due to the site's proximity to residential properties, the lighting plan is an important element of the site design. Utilities are available to the site from the Prairie Crossing residential area to the west. The City's Public Works Director states that connections to the water and sewer lines need to be made directly to the mains for each parcel. 4 Pedestrian access, sidewalks and connections will be an important element within this development. Bicycle parking areas are shown for both buildings but are not conveniently located on the site. The sidewalk should be added the full length along Dove Trail on the east side of the site. A fire hydrant will be needed in the parking lot for the buildings. Cash-in-lieu of parkland dedication is expected for this development. Any signage will need to meet the requirements of the approved Planned Development and must be submitted as a separate application. Bodmer reported that overall, there are many issues that need to be addressed and/or corrected for this site plan and the applicants need to re-work the plans to address them. Commissioner Blundetto commented that he likes the aerial photo of the site that was included in the Commission's packet and would like to see this done on every project if possible. Commissioner Blundetto asked if pondng is a new requirement since the original site plan was approved. Bodmer responded it is new since the project was first proposed in 1997. Dave Bennett, Assistant City Engineer, stated that the infiltration requirement was approved in either 2002 or 2003. Blundetto asked if the applicant can meet the requirementwith an underground infiltration system. Bennett replied yes. Jim LaValle and Kathy Anderson, representing the applicant, addressed the Commission. LaValle addressed some of the concerns raised by staff. He indicated that. there was a typographical error on the plan for the size of the multi-tenant building. It should be 8,860 sq. ft., not 13,600 sq. ft. LaValle also stated that revised plans were submitted to staff just shortly before tonight's meeting and that staff has not had an opportunity to review them. He stated that their plan is to provide a first class development that would have minimum impact to the existing neighborhood. Anderson presented plans of the elevations and architectural detail of the buildings. Commissioner Diekmann asked for the planned height of the tower on the pharmacy building. Anderson replied 28.6 feet. Bodmer commented that the maximum. building height in this planned development is 25 feet. Commissioner Schindler asked what will the hours of operation be at this store. LaValle stated that the hours will be from 8:00 a.m. until 11:00 p.m. Bodmer stated that the planned development limits the hours that the store can be open and that the maximum hours of operation is from 6:00 a.m. until 1:00 a.m. A conditional use permit would be needed to extend the hours to make it a 24 hour store. Commissioner Melander stated that he is concerned that if we allow adrive-thru for a coffee shop, how can we make sure that it does not turn into. afast-food restaurant 5 in the future. Bodmer stated that the planned development does not allow for a Class III restaurant, but the City may want to amend the PD ordinance to address that.. Commissioner Burke stated that in regards to the fence indicated on the plans, it seems as if the applicant is building a wall around the neighborhood and not integrating the building into the neighborhood. Chair Churchill asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. Kent Kapitan, 15121 Dunbar Blvd., stated that he would like to see a semaphore installed at the intersection of Diamond Path and Dodd Boulevard. He would also like the speed limit reduced on Dodd Boulevard. Steve Mohls, 15076 Durwood Trail, commented on the proposed fence, light pollution, noise, traffic, trash blowing in nearby neighborhoods, and the sight line. He would like the applicant to comment further on these issues. Penny Hall, 15084 Durwood Trail, stated that she is concerned about noise (i.e., plow trucks), privacy, and the decreasing value of her town home. Chair Churchill closed the public hearing with the standard comments. LaValle stated that he would continue to work on the plans and address the Commission's concerns at the next meeting. 7. LAND iTSE/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 City Planner Tom Lovelace presented the request by South Shore Development, Inc., to replat six (6) existing single family lots and one (1) outlot into eight (8) new single family lots and one (1) new outlot. The property is located in the Cobblestone Lake South Shore development. Lovelace reported that the property is guided "LD" (Low Density ResidentiaUO-6 units per acre). The property is currently zoned "PD-703/zone 2" (Planned Development), which would allow for single family and two-family dwelling units, and townhouse dwelling units provided that no single structure has in excess of six dwelling units. The proposed replat meets the requirements set forth in zone 2 of the planned development. Lovelace reported that the applicant would replat Lots 1 and 2, Block 3; Lots 1, 4- 6,Block 4 and outlot C, of the COBBLESTONE LAKE SOUTH SHORE addition. This would result in the creation of eight new single family lots and a new outlot (Outlot A), which would provide drive access to garages located on the newly cardboard bale and shipping pallet storage area, outdoor garden center, and propane tank sales area. They are also requesting site plan building permit authorization to allow for the construction of a 76,184 sq: ft. building addition. The 19.5 acre site is located at 7835-150th Street West and is the location of an existing 128,958 sq. ft. (approved 129,723 sq. ft.) approved retail building and a 639 space approved surface parking lot (614 spaces were built). Lovelace reported that the property is zoned PD-341, Zone 4A (Planned Development). The applicant is requesting an amendment to the existing outdoor cardboard and shipping pallet storage conditional use permit to allow for the relocation of the 1,050 sq. ft. storage area from its current location in the extreme northwest corner of the site to just adjacent to the northwest corner of the building. The applicant is also requesting an amendment to the existing garden outdoor garden center sales area conditional use permit to allow for its relocation from the southeast corner to the southwest corner and an increase from its current size of 12,330 sq. ft. to 16,525 sq. ft. An amendment to the propane tank display and sales area conditional use perrnit is also being requested to relocate. it from the existing outdoor garden sales area to the new area in front of the building in the southwest corner. Lovelace reported that the site plan indicates a 76,184 sq. ft. addition to an existing 128,958 sq. ft. retail building and an addition of 29S surface parking spaces. The proposed addition would include the following: • Anew 5-bay receiving dock in the northeast corner, which will replace a current 4-bay dock. • Approximately 60,000 sq. ft. of space added along the west side ofthe existing building that will be dedicated for general merchandise sales. • Modifications and relocation of the existing front entrances and the addition of a third entrance to the grocery sales area to the east. • Relocation of the north service driveway approximately 40 feet to the west. • Placement of a trash compactor and compressor units along the east side of the building. • Reconfiguration of the 149th Street entrance, which will not take vehicles west and south to the entrance of the main parking lot: The elevations show that the building addition will utilize the same exterior finish materials that are currently on the existing building, with the exception of the addition of EIFS (a stucco-like material) for the new entrances along the south side of the building. All building materials will be integrally colored as required by City code. The applicant submitted exhibits that give line-of--sight from various points north, south, and east of the Wal-Mart site. It does not appear that the proposed additions will have an adverse visual impact to adjacent properties. Lovelace reported that the applicant submitted a letter that outlines some of the environmental enhancements that will be incorporated into the building's expansion. The landscape plan was reviewed by the City's Natural Resources Coordinator. The applicant will need to make the necessary revisions to the landscape plan as per his recommendations prior to issuance of a building permit. The proposed development will need to meet existing drainage requirements for any new impervious surfaces. The applicant's plans indicate two underground infiltration pipe networks within the new parking areas located in the western and southern portions of the site that are proposed to handle the first %-inch of storm water. Grading and utility plans were reviewed by the City Engineer and his recommendations will need to be resolved prior to issuance of a building permit. A traffic analysis was prepared by the City's Traffic Consultant as part of the initial Wal-Mart review, which assumed a 200,000 sq. ft. building. Based on that analysis, the development is expected to generate approximately 10,250 trips per day. Customer vehicular access to the site will be from Pennock Avenue. The applicant is proposing to move the truck access driveway, located along the north side of the property, approximately 40 feet to bring it into alignment with the most westerly driveway of the Goddard School located along the north side of 147a' Street West. Lovelace stated that a concern was raised regarding the conflicts between vehicles at the drive aisle intersection in front of the Garden Center, which is now the location of the grocery entrance. The City's Traffic Consultant proposed installing a raised concrete center median at that intersection to separate the incoming and exiting traffic. The applicant opted to modify the 149a` Street entrance, which will bring the traffic south before entering into the large parking lot. The Traffic Consultant has reviewed the proposed access drive changes and has no issues. The applicant is proposing to reconstruct an existing sidewalk that extends north/south through the existing parking lot, which would be 8 feet wide, as well as an 8 foot wide sidewalk that will extend to the west from the front of the store. The plans also indicate a 5 foot wide sidewalk that will be constructed along the south side of the most southerly drive aisle in front of a new 92-space employee parking lot, which will tie into the existing sidewalks to the west and east of the parking lot and will provide pedestrian access to the store. Some minor changes will be required to the drive aisle in front of the building that is currently designated as a fire lane and signed no parking. The fire lane designation will remain along the new drive aisle, which is indicated on the plans. Signage is not included with this request. A separate application and signage plan in conformance with the sign regulations as set forth in the planned development must be submitted for review and approval by the City prior to any erection of signage. Staff is recommending that the applicant be allowed information signage to clearly identify the entrances. This will require an amendment to the planned development ordinance. Lovelace reported that a public hearing was held for the zoning amendments and conditional use permit amendments on June 7, 2006, July 19, 2006, and August 2, 2006. No comments from the public were received. Chair Churchill thanked Lovelace for diligently working with Wal-Mart to come up with. awin-win situation for both Wal-Mart and the City. Lovelace thanked the Wal- Mart staff for all of their efforts in developing the plans. Commissioner Diekmann asked about the location of the propane tank sales. Lovelace replied that the propane tanks will still be located outside and not in the store as required. Diekmann asked if the drive-thru portion of the outdoor garden center is for customer pick-up or truck deliveries. Lovelace replied that there should be no loading or unloading of delivery trucks in that area but will refer to the applicant to answer this question. Commissioner Schindler asked how products would be stored in the outdoor garden area as it relates to the location of the drive aisle. Brian McCool, representing the applicant, stated that the drive aisle is for customers only. McCool thanked the Commission for their time and efforts working with Wal-Mart to come up with a better plan. McCool stated that operations have been a big issue and that they have heard that message loud and clear from the Commission. McCool stated that operations have and will continue to improve at the store. He stated that an audit was done on the conditions in the conditional use permit and that the store was in compliance in some areas, but not in compliance in other areas. He stated the applicant has continued to improve site design issues regarding the trash, loading dock, compressor noise, etc. Commissioner Blundetto asked the applicant if Wal-Mart was committed to do a better job operationally than in the past. Blundetto asked how will the Commission be assured that product delivery will not take place in the garden center. Blundetto asked Deb McNulty, the store manager, if she has read the conditional use permits that are already in existence and what are the most challenging issues in the permit that she faces as a store manager. McNulty replied that her most challenging issue will be making sure that staff comply with the conditions. Blundetto asked McNulty again what are some of the challenges in the existing conditional use permits. McNulty replied that relocating the propane tanks to the other side of the store would be a challenge. Gret Altman, representing the applicant, explained in fitrther detail the site layout for the outdoor garden center. The Commission was concerned about the delivery of product to the center and the applicant was not clear on whether or not this would be to done. Commissioner Diekmann again asked if product delivery would be done from the egress doors located in this area. Usunobun Osagie, with Raymond Harris & Associates, stated that the drive aisle is not large enough for a semi truck to deliver product. Commissioner Diekmann suggested that the area be gated for security purposes. Commissioner Blundetto commented that he has not heard a clear answer from the applicant as to whether or not products will be delivered through the egress doors located in the outdoor garden center. Gregg Oltman, representing the applicant, responded that products would be delivered through the garden center. Commissioner Blundetto asked Julie Idelkope, Senior Manager of Public Affairs for Wal-Mart, if the applicant is comfortable with the changes proposed. Blundetto stated that he is not confident that Wal-Mart will comply with day-to-day operations any better than they have in the past. Idelkope explained that up until last year, her position did not exist and that Wal-Mart created her position to address some of these operational concerns. Blundetto stated that if that is the reason why she was hired, then he is surprised that none of the operational issues or the Commission's concerns are addressed in her letter that was included in the Commission's packet. Blundetto stated that either Idelkope failed in fulfilling her responsibilities, or that the staff at Wal-Mart are not taking her seriously. Idelkope stated that if problems arise in the future, she would like them brought to her attention so that she can address them. Blundetto stated that is not the City's job to police the store and that he would like to have a commitment from Wal-Mart that they will follow through with meeting their obligations and live up to the conditions that the City has set forth. Commissioner Melander commented that Wal-Mart needs to be pro-active to alleviate problems and not reactive. Lovelace reported that staff is recommending approval of the prof ect with the conditions listed in the staff report. MOTION: Commissioner Melander moved, seconded by Schindler, to amend the existing Conditional Use Permit No. 1999-107 to allow for the relocation ofthe existing outdoor cardboard bale and shipping pallet storage area as indicated on the site plan dated January 23, 2007, and building elevation plan dated February 8, 2007, subject to conditions 1, 3, and 4 ofthe Apple Valley Resolution 1999-107. The motion carried 6-0. MOTION: Commissioner Melander moved, seconded by Schindler, to recommend approval of the amendment to Conditional Use Permit No. 2003-152 to allow for the relocation and increase in area of the permanent outdoor garden center indicated on the site plan dated January 23, 2007, and building elevation plan dated February 8, 2007, subject to the following conditions: 11 • Only materials typically associated with residential landscaping such as live plant, rock mulch, soil fertilizers, herbicide, patio and modular retaining wall block, gardening tools and lawn maintenance equipment shall be displayed in the outdoor garden sales area. • All materials shall be displayed in a neat and orderly fashion and shall not exceed the height of the garden center walls. • The use of a public address system in the outdoor sales area and in the indoor.garden center when the overhead doors are open shall be prohibited. • No product delivery by vendors shall be made to the Garden Center. The motion carried with a vote of 5-1, with Commissioner Blundetto opposing. MOTION: Commissioner Melander moved, seconded by Schindler, to recommend approval of the amendment to Conditional Use Permit No. 2005-66 to allow for the relocation of the pro~ane tank storage and display area at the existing Wal-Mart store located at 7835 150 Street West, as indicated on the site plan dated January 23, 2007, subject to the following: • Adhering to conditions 3 through 10 of Apple Valley Resolution No. 2005-66. The motion carried 6-0. MOTION:. Commissioner Melander moved, seconded by Schindler, to recommend approval of the site plan/building permit authorization request to allow for the construction of a 76,184 sq. ft. building addition and 285 additional surface parking spaces on property described as Lot 1, Block 1, WALMARTS FIRST ADDITION, in accordance with the preliminary site, grading and drainage, and landscape plans dated January 23, 2007, and building elevation plans dated February 8, 2007, subject to adhering to applicable City ordinances and the recommendations of the City Engineer and Natural Resources Coordinator prior to issuance of a building permit, and amendment to the access restrictive easement for 147"' Street West. The motion carried 6-0. MOTION: Commissioner Melander moved, seconded by Schindler, to direct staff to amend the planned development sign ordinance to allow for informational signage above the 3 main entrances. The motion carried 6-0. C. "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 5920-148`h Street W., has requested an amendment to the City zoning ordinance to allow for daycare uses in the Limited Industrial zoning district. 12 Dykes reported that the City zoning code currently states, "Limited Industrial districts are areas, which because of availability to thoroughfares, suitable topography, and isolation from housing areas, 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 though the Limited Industrial district lists trade schools as a permitted use, the City has broadened this and interpreted the Code to allow for other educational facilities, as well as community recreational facilities and fitness centers as permitted uses. The City found these uses were similar to or consistent with the permitted uses listed in the Code. Some examples of these are Better Body Gym (now Lifetime Fitness), Early Childhood Learning Center, Thompson Academy of Gymnastics (TAGS), and Wise Swim School. Dykes reported that Minnesota Rules 9503 define a child care center as "A non- residential program licensed to provide child care in a facility to promote the physical, intellectual, social, and emotional development of a child in the absence of a parent for a period of less than 24 hours a day." 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 similar 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. Parking, 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 that have employees with children. The childcare is provided in a nearby location 13 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. Dykes reported that a public hearing was held for this item on February 21, 2007. The issues from this hearing were addressed in the staff report that was distributed to the Planning Commission. Commissioner Schindler stated that he does not feel that it is in the best interest of the I-1 zoning district to allow day care facilities. Schindler added that if the use were permitted, he would prefer to see it in a stand-alone building due to truck traffic, the noise impact to other tenants in the building, etc. Commissioner Diekmann stated that he would prefer them in multi-tenant buildings in the I-1 zoning district. Chair Churchill stated that she thinks it is a good idea to have day care available in the I-1 zoning district and it would be a great amenity for attracting industry to the area. She added that perhaps restrictions could be put in the conditions for approval. City Attorney Sharon Hills stated that if restrictions are placed on ordinance amendment, they need to be in place at the time the ordinance is amended. Commissioner Blundetto warned the Commission to be careful to not over-define the ordinance amendment. Dykes added that the advantage of a conditional use permit is that it would allow each project to be reviewed on a case-by-case basis. Commissioner Melander thinks that a day care facility in the I-1 zoning district is appropriate and that it compliments and enhances the area. James Madsen, the applicant and owner/tenant of JAM Business Properties, stated that he would like to request action from the Planning Commission tonight in order to proceed with the project. He stated that development plans for the project are currently behind schedule. MOTION: Commissioner Burke moved, seconded by Blundetto, to recommend approval of an amendment to the "I-1" (Limited Industrial) district to allow for child are centers as a conditional use with the following conditions: • All child care centers shall be licensed by the State of Minnesota, and shall provide proof of licensure prior to issuance of a Certificate of Occupancy. • Child care centers shall not be conducted as a stand alone use. • Child care centers shall not exceed more than 50% of the total building footprint. • Applicants requesting a conditional use permit for a child care center shall provide the following for review and approval by the City: A 14 site plan indicting the location of the center, outdoor play azeas, garbage receptacles, and similar site chazacteristics; alist of tenants within the building and neighboring buildings to ensure uses within the building are compatible with the proposed child care center; a dimensioned floor plan for both the center and the multi-tenant building indicating the child care center is 50% or less than the total building footprint; a traffic plan indicating peak hours of traffic generation, and plan to minimize traffic conflicts between the building tenants; and hours of operation. The motion carried 6-0. 8. OTHER BUSINESS A. AVSUR Acres 2"d Addition Sketch Plan -Review of a Proposed. 8 Lot Detached Town home Project on 2.4 Acres Associate City Planner Kathy Bodmer presented a sketch plan review from Diedrich Builders for a proposed 8-lot detached town home development. The two parcels are 13228 and 13238 Pennock Avenue. The two lots together have a long narrow shape and a total area of 2.4 acres. Bodmer reported that the sketch plan shows that the eight town homes would be served by a 32' wide private driveway. The two existing homes would be removed. The zoning code requires that all single family lots must be served by a public street. To deal with this, the applicant proposes to set up the pazcels as detached town home lots. This means that the house pads would be owned by the individual property owner, but the driveways, lawns, and private road would be owned in common and maintained by an association. Both parcels are currently zoned R-3 (single family residential with a minimum lot of 11,000 sq. ft.). A rezoning of the property would be required to plat the property for a town home development. Eight town homes on a 2.4 acre parcel results in a density of 3.3 units/acre. The former City Engineer, Keith Gordon, prepared a sketch showing how a public street with a 50' right-of--way and cul-de-sac bubble could be constructed on the property. It indicates that 5 lots could be created using that layout. The lots would need to have minimum dimensions of 115' x 96' in order to meet the minimum area requirements of the zoning district. Bodmer reported that the sketch plan shows that the private road would be constructed on the north side of the site approximately 10' from the northern property line. A grading plan was not submitted so it is difficult to determine how much grading would be necessary on the site. Trees will need to be removed along the northwest corner of the site in order to align the driveway parallel with the northern property line. The northwest corner of the site is roughly 20' lower than the 15 existing houses at its lowest point. Significant grading and filling would be required to ensure that the private street meets City constructions standards. The City's Natural Resources Coordinator indicated that most of the trees in this area are oaks. The site has varying terrain, significant trees, and a difficult shape, so a standard layout with minimum lot sizes may not be appropriate for the development. In addition, the City's goal is to save a minimum of 50% of the existing significant trees. Bodmer reported that no official action is required. The applicant is seeking feedback from the Commission regarding the proposed development. Commissioner Blundetto asked about the lengkh of the private road. Bill Diedrich, the applicant, responded that it would be 590 feet, but could shorten it up. Blundetto commented that the it will be a challenge to providing Fire and Emergency services to the parcel and that the property is going to be tough to develop. Chair Churchill commented that she thinks the town home product proposed is great. Commissioner Melander stated that this is an odd piece of land and will be difficult to develop due to the topography. Commissioner Diekmann stated that he, too, is concerned about the topography, saving significant trees, and services to the site. Diekmann feels there are a lot of challenges for the developer. B. Miscellaneous Commissioner Blundetto stated that he would like to discuss how new information is handled that is different than what was sent in the Commission's packet. He stated that perhaps the process of how we handle the planning process needs to be reviewed. The Commission is concerned about how to handle reviewing a project when the applicant brings in revised plans the night of the meeting and neither staff nor the Commission has had a chance to review it. The Commission discussed whether the item should be tabled when this happens. It is difficult to be able to respond when the plans have not been reviewed. Community Development Director Bruce Nordquist stated that items have been tabled in the past. Nordquist stated that if it is apublic hearing, perhaps one suggestion might be to let the public speak, but to leave the public hearing open until the plans have been reviewed by staff and the Commission. Chair Churchill stated that this might be something we should implement and that staff should come up with a solution. 9. ADJOURNMENT MOTION: Commissioner Melander moved, seconded by Schindler, to adjourn the meeting at 10:15 p.m. 16