HomeMy WebLinkAbout06/01/2011 CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
JUNE 1, 2011
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m.
Members Present: Tom Melander, David Schindler, Ken Alwin, Keith Diekmann, and Paul Scanlan
Members Absent: Tim Burke and Brian Wasserman
Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Associate
City Planner Kathy Bodmer, City Attorney Sharon Hills, Assistant City Engineer David Bennett, and
Department Assistant Barbara Wolff
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the agenda.
Community Development Director Bruce Nordquist stated that revisions to the staff reports for both Holiday
Stationstore and Augustana Master Plan are before the commissioners.
Chair Melander called for a motion with the revisions.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, to approve the agenda with
staff report revisions. The motion carried 4 -0.
Commissioner Schindler arrived.
3. APPROVAL OF MINUTES OF MAY 18, 2011
Chair Melander asked if there were any changes to the minutes. Hearing none, he suggested a change,
recommending inclusion of the failed motion in regards to the action for Cobblestone Lake South Shore 5th
Addition.
Community Development Director Bruce Nordquist stated that the correction will be reflected in the minutes
of May 18, 2011.
Chair Melander called for a motion for approval of the minutes with the recommended change.
MOTION: Commissioner Alwin moved, seconded by Commissioner Schindler, to recommend approval of
the minutes of the May 18, 2011 meeting with the recommended change. The motion carried 4 -0.
Commissioner Diekmann abstained.
4. CONSENT ITEMS
A. Holiday Stationstore — Consideration of 7' sign variance to allow for an existing pylon
sign to remain 6' from right -of -way line. (PC11 -18 -V)
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Dakota County, Minnesota
Planning Commission Minutes
June 1, 2011
Page 2 of 11
B & S Land Development requests a variance from the 13' minimum sign setback requirement to allow an
existing sign to remain in its current location, 6.08' from the right -of -way line of Cedar Avenue. The sign is
located at the Holiday Stationstore site, 15550 Cedar Avenue, on the southeast comer of Cedar Avenue and
155 Street West.
During the course of negotiating easements for the Cedar Avenue upgrade project, it was discovered that the
existing pylon sign at the Holiday Stationstore on the southeast comer of Cedar Avenue and 155 Street West,
is located 6.08' from the right -of -way (ROW) line of Cedar Avenue. After investigating the history of the site,
it appears that the builder made a mistake when the site was originally developed in 1996. The plat for Carroll
Center Second Addition shows a half ROW dedication of 85', but it appears that the builder may have assumed
a 75' half ROW. As a result, it appears that the sign was located 10' west of where it should have been located.
The petitioner purchased the property in 2004 and was unaware of the setback issue until being contacted by
Dakota County about obtaining a trail, drainage and utility easement adjacent to the Cedar Avenue right -of -way
line. The County intended to issue a license to encroach to allow the sign to remain within the new easement,
but requested the City of Apple Valley to approve the request. When the City discovered that the sign was
located within the County's new easement, the City requested that the County Engineers provide the distance
the sign is located from the ROW line. The County's surveyor confirmed that the sign was located 6.08' from
the ROW line rather than a minimum of 13' as required.
The petitioner requests the variance to allow the sign to stay in its cuuent location. The petitioners do not wish
to expand the size of the sign or place the sign in a different location. Thus, the petitioners are not seeking to
obtain any special privilege as a result of the variance.
The City Sign Code states the following conditions must be met in order to obtain a variance:
1. Special conditions exist which are peculiar to the land, structure, building involved and which are not
applicable to other lands, structures or buildings in the same district;
2. The special conditions and circumstances do not result from the actions of the applicant;
3. A literal interpretation of the provisions of these regulations would deprive the applicant of rights
commonly enjoyed by other properties in the same district and the terms of these sign regulations;
4. That granting the variance requested would not confer on the applicant any special privilege for a use
not common to other lands, structures or buildings in the same district; and
5. The proposed use of the property shall have an appearance that will not have an adverse effect upon
adjacent properties and there will be no deterrence to development of vacant land.
Chair Melander asked if there was any discussion in regards to the project. Hearing none he called for a
motion.
MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, to recommend approval of
the sign setback variance for the Holiday Stationstore pylon sign at 15550 Cedar Avenue allowing the existing
pylon sign to remain in its current location, 6.08' from the right -of -way line, with the following conditions:
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CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
June 1, 2011
Page 3 of 11
1. The variance is approved for the pylon sign in the location as of the date of the variance approval and
as depicted on the Dakota County Highway Department drawing dated April 6, 2011;
2. Dakota County shall grant permission to the applicant and owner to locate the pylon sign within the
County Right -of -Way and said permission shall be pursuant to a duly executed agreement between
the County and applicant/owner, a copy of which shall be provided to the City; and
3. The applicant/owner shall file and record the City Council Resolution granting the variance, along
with a copy of the duly executed easement license agreement between the County, against the
property at the Dakota County Recorder's Office.
The motion carried 5 -0.
5. PUBLIC HEARINGS
- -NONE-
6. LAND USE /ACTION ITEMS
A. Augustana Master Plan — Consideration of rezoning, planned development
ordinance amendments, preliminary plat approval, master site plan approval, and
site plan/building permit authorization for a 13 -acre site that would include 257
future senior housing units and the expansion of the existing nursing home that
would include a 40 -unit transitional care unit (TCU) facility. (PC11- 01 -ZSB)
City Planner Tom Lovelace stated that the applicant is requesting the following:
• Rezoning from Planned Development 290 /zone 1 to Planned Development 290 /zone 2, which
allows for a maximum building coverage of 30%.
• An amendment to Planned Development 290 zoning ordinance to include a continuum of care
retirement community as a permitted use within zone 2 of the planned development.
• A preliminary plat that will combine two existing lots into one lot of record.
• Site plan/building permit authorization to allow for the construction of a two -story, 40 -unit
transitional care unit (TCU) facility that will be attached to the existing three -story 200 -unit
long term care facility (LTC) and 35 -space surface parking lot.
• Master site plan approval that identifies conceptual plans that include development of:
1. The existing 208 -unit apartment building and 200 -unit long term care facility (LTC) with a
90 -space surface parking lot and 60 underground parking spaces.
2. Reconfigured existing surface parking that will have 103 surface parking spaces.
3. A 34,020 sq. ft. two -story, 40 -unit transitional care unit (TCU) facility that will be attached
to the existing three -story 200 -unit long term care facility (LTC) and 32 -space surface
parking lot. The addition of these 40 units will reduce the number of units in the LTC by 40
units.
4. A four -story assisted living facility (ALF) that will be attached to the TCU facility. Thirty-
two units on the top two floors of the 96 -unit building will be designated for dementia care.
The building will have 96 underground parking spaces.
5. A four -story, 37 -unit senior apartment, with 18 surface and 27 underground parking spaces.
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CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
June 1, 2011
Page 4 of 11
A four - story, 124 -unit independent living facility (ILF) with 96 underground parking spaces and 47
surface parking spaces. Approximately 5,200 sq. ft. and 2,300 sq. ft. of the first floor of this building
will be used as a town center and wellness center respectively.
New vehicular accesses, as well as a modification to their existing access drive of Garrett Drive are
being proposed to accommodate their expansion plans. This existing 40 -foot wide divided entrance is
being proposed to be reduced to 24 feet and will be realigned to accommodate additional parking and
on -site storm water retention.
A future 24 -foot wide north/south access drive is proposed that will have direct access off 147 Street.
The drive approach will be aligned with the existing Garrett Avenue/147 Street West intersection
located to the south of the site. This access drive will provide direct access to the underground parking
in the proposed buildings and new 35 -space surface parking lot. It will also intersect with the realigned
east/west drive. Finally, two new drive approaches are proposed for Garrett Avenue that will provide
access to the future 69 -space parking lot.
The 69 -space parking lot shows a circular turnaround in front of the ILF building. This should be
properly designed to accommodate the City's emergency vehicles.
An 84 -90 inch underground storm sewer line runs east/west along the southern portion of the property
and is located within a 15 -foot wide drainage and utility easement. The proposed buildings will be
located 15 -20 feet from the sewer line. There is some concern regarding the City's ability to access the
storm pipe.
The proposed master plan will have a building coverage of 28 %, which is the maximum allowed in its
current planned development zoning designation. The petitioner is requesting that the site be rezoned to
zone 2 of the planned development zoning district, which currently allows for a maximum building
coverage of 30 %.
There is an existing 84 -90 inch storm sewer line that runs east/west along the southern portion of the
site. This pipe is located within a 15 -foot drainage and utility easement. Because of the size and depth of
the pipe, staff is recommending that the easement be increased to 30 feet. Also, drainage and utility
easements shall be established along the perimeter of the new lot, with the exception of the north 410
feet of the east lot line.
The 47 -space parking lot shows a circular turnaround in front of the ILF building. This should be
properly designed to accommodate the City's emergency vehicles.
The applicant should provide the City with tree removal details as required by city code and make the
necessary revisions to their landscape plan per the Coordinator's comments.
Revisions will need to be made to the utility plan per the Assistant City Engineer's comments as
outlined in his memo dated May 11, 2011.
Lovelace asked for comments and questions from the Planning Commission.
Commissioner Alwin asked if the change for continuum of care is intended only for PD -290, zone 2.
Lovelace replied yes; it would be a permitted use within that zone.
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CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
June 1, 2011
Page 5 of 11
Commissioner Alwin asked why the continuum of care is being limited to just that parcel instead of
opening it citywide.
City Attorney Sharon Hills explained that the city amended the zoning code for the Cobblestone Senior
Complex to add continuum of care in a retirement community because it was in a residential area
tailored for senior care. She said this parcel is more in a commercial area of a nursing home setting as
opposed to a typical continuum of care senior type campus. She said taking the age restriction out has a
lot to do with what the district is.
Commissioner Alwin said he is comfortable with limiting the zoning to this parcel.
Chair Melander asked if the hardi -plank is integrally colored.
Lovelace replied correct; it will still be a requirement.
Commissioner Scanlan asked if the first phase will include exterior remodeling of the existing
structures.
Lovelace said there will be no exterior remodeling of the existing structures.
Hearing no further questions from the Commissioners, Chair Melander asked the petitioner to step
forward.
David Shaw, Campus Administrator for Augustana Health Care Center, said he was available for
questions.
Hearing no comments or questions for the petitioner Chair Melander thanked the petitioner and called
for a motion.
MOTION: Commissioner Alwin moved, seconded by Commissioner Schindler, to recommend approval
of the rezoning of Lot 1, Block 5, APPLE VALLEY COMMERCIAL ADDITION and Lot 2, Block 1,
APPLE VALLEY COMMERCIAL 4 ADDITION from Planned Development No. 290 /zone 1 to
Planned Development No. 290 /zone 2. The motion carried 5 -0.
MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, to recommend
approval of the amendment to the city's zoning code to allow as a permitted use within zone 2 of
Planned Development No. 290 a continuum of care facility that shall be defined as the term "continuum
of care retirement community ", as defined in the zoning code, except that comprehensive, intensive, or
full care living is not restricted to residents over the age of 55. The motion carried 5 -0.
MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, to recommend
approval of the preliminary plat for the Augustana Health Care Center: Phase 1 Transitional Care Unit
subject to the following conditions:
• Drainage and utility easements, a minimum of 10 feet shall be established along property lines
abutting public street rights -of -way.
• Drainage and utility easements a minimum of 5 feet shall be established along all common
property lines with the exception of the north 410 feet of the east property line.
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CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
June 1, 2011
Page 6 of 11
• A drainage and utility easement a minimum of 30 feet wide shall be established over the
existing 84 -90 inch storm sewer line.
• A ponding easement shall be established along the north side of the existing "Villa" building to
the satisfaction of the City, or City approved design modifications to the existing storm sewer
line shall be made prior to approval of the final plat.
The motion carried 5 -0.
MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, to recommend
approval of the Augustana Health Care Center master plan. The motion carried 5 -0.
MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, to recommend
approval of the site plan/building permit authorization to allow for construction of the 40 -unit Transition
Care Unit building on Lot 1, Block 5, APPLE VALLEY COMMERCIAL ADDITION and Lot 2,
Block 1, APPLE VALLEY COMMERCIAL 4 T11 ADDITION, subject to the following conditions:
• Issuance of a building permit shall be subject to rezoning the property from Planned
Development No. 290 /zone 1 to Planned Development No. 290 /zone 2.
• Issuance of a building permit shall be subject to the approval of an amendment to the city's
zoning code to include a continuum of care retirement community as a permitted use within
zone 2 of Planned Development No. 290.
• Issuance of a building permit shall be subject to approval of the platting of Lot 1, Block 5,
APPLE VALLEY COMMERCIAL ADDITION and Lot 2, Block 1, APPLE VALLEY
COMMERCIAL 4TH ADDITION into one lot.
• Revisions shall be made to the landscape plan in accordance with the Natural Resource
Coordinator's recommendations as outlined in his report.
• Revisions will need to be made to the utility plan per the Assistant City Engineer's comments
as outlined in his memo dated May I I, 2011.
• Issuance of a building permit shall be subject to the execution of an underground infiltration
inspection and maintenance agreement.
The motion carried 5 -0.
7. OTHER BUSINESS
A. Sketch Plan — Review of proposed ordinance amendment to PD -679, preliminary plat,
conditional use permit, and site plan review/building permit authorization, to construct
an 8,000 sq. ft. dog day care facility with outdoor pet relief area.
Associate City Planner Kathy Bodmer stated that the petitioners, Carey Griffith Edwards and Nicole Lushine,
owners of Dog Day Getaway, are requesting a sketch plan review of a proposed ordinance amendment,
subdivision by preliminary plat, conditional use permit and site plan review/building permit authorization that
would allow them to construct an 8,000 sq. ft. pet daycare facility with a 30' x 30' outdoor pet relief area, on an
approximately 2.3 -acre lot. The proposed facility would be located generally on the southeast comer of County
Road 42 and Foliage Avenue in the Hillcrest Acres development.
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CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
June 1, 2011
Page 7 of 11
The petitioners request feedback concerning a proposed pet daycare facility on the southeast corner of County
Road 42 and Foliage Avenue. The parcel would be located west of the Discount Tire property and south of the
Hillcrest Acres 2 Addition multiple -tenant building.
The property is zoned PD -679, Subzone 3, which allows a variety of retail uses in a multiple -tenant or a
freestanding building. In addition, the following uses are permitted in the subzone: medical and professional
offices, freestanding Class I restaurants, Class 11 restaurants with conditions, and dairy /convenience stores.
Motor fuel stations in connection with a dairy/convenience store, and a car wash in connection with a permitted
motor fuel station, are listed as conditional uses in the zoning district. There are currently no provisions for pet
daycare facilities in PD -679. The petitioners are requesting an amendment to the PD to allow pet daycare as a
permitted use, and an outdoor pet relief area as a conditional use.
The remaining undeveloped portion of Hillcrest Acres is a 7.2 -acre parcel. The property would need to be
subdivided by preliminary and final plat before a building permit could be issued. Temporary curb currently
exists along the west side of the private drive. A condition of the subdivision will be to ensure all curbing meets
the City's design requirements. Another condition will be execution of cross- access and cross - maintenance
agreements for shared use of the internal private street system.
The petitioner provided a rough sketch of the site layout showing the 8,000 sq. ft. building located in the center
of the site. Setbacks are not indicated on the drawing, but would need to be met. The sketch denotes a street
named 151 Street on the north side of the parcel, which is actually a private drive lane for the development.
Access to and from the site is shown on the north side of the property to the private drive lane. Although a curb
cut exists for this parcel, the curb cut will need to be eliminated and access taken from the private drive on the
east side of the property. When the City's Traffic Engineer reviewed traffic circulation for the Discount Tire
and Hillcrest Acres 2n Addition developments, he determined that access from the east/west private drive
should be restricted and all access for future lots in Hillcrest Acres Fourth should be gained from the
north/south private drive.
A 30' x 30' outdoor pet relief area is shown on the south side of the building. The petitioners indicate that the
area would be screened with a 6' high opaque, maintenance -free fencing and would be surrounded by
evergreen trees. Public works /engineering staff note that the site is located within a wellhead protection area, so
the outdoor relief area will need to be connected to sanitary sewer to ensure waste doesn't infiltrate into the
City's drinking water. Staff would like the petitioner to explore placing the relief area on the west side of the
building to help off -set any noise impacts to residential properties south of this area.
It is proposed that the Planned Development zone would be amended to allow the pet relief area as a
conditional use in the zoning district. No other outdoor play area, pens or runs are proposed in connection with
this development.
External elevation drawings have not been provided. However, a preliminary floor plan shows the layout of the
space. The floor plan shows 70 kennel spaces, a training room, play room, and other pet -care related spaces.
A temporary storm water retention area is currently located on the parcel. The developer would be responsible
for constructing an on -site storm water retention facility that complies with the City's stonnwater management
requirements.
Bodmer stated that no official action is needed. She said that the petitioners seek feedback from the Planning
Commission concerning their proposed application and whether the Planning Commission would support a
zoning amendment to allow the use.
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CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
June 1, 2011
Page 8 of 11
Commissioner Diekmann asked how close the neighbors to the south of this location are.
Assistant City Engineer David Bennett stated that the distance to the properties to the south is about750 ft. and
the future Legacy North development is about 325 ft.
Commissioner Scanlan asked what the current zoning standards are for a dog daycare facility.
Bodmer said there is only one dog daycare facility currently operating within the city. She said a zoning
amendment was made to the Business Park zoning district to allow for dog daycares. She said it regulates how
much outdoor activity and how the pet relief area is to be constructed.
Hearing no further questions or comments from the Commission, Chair Melander asked for the petitioner to
step forward.
Nicole Lushine, co -owner of Dog Day Getaway and Joe Warren, manager of Dog Day Getaway stepped
forward to answer questions from the Planning Commission.
Commissioner Alwin asked if the current location is connected to sanitary sewer for the pet relief area.
Ms. Lushine said no; when they opened seven years ago, dog daycare was relatively new and there weren't
regulations. She said they worked with the City's engineering department to work out the best possible solution
and they dug up the asphalt and installed an infiltration system with lime and pea gravel which is cleaned out on
an annual basis. She said that the City would like for them to eventually connect to the sanitary sewer, although
it will increase their costs substantially. She stated that they have conducted research on other dog daycares
across the country and have found that they do not require sanitary sewer connection and they have submitted
their findings to the City.
Commissioner Alwin stated the location is in a wellhead protection area.
Ms. Lushine said she understands the new location may need to connect to sanitary sewer.
Commissioner Scanlan said he is concerned about the noise and the close proximity to the existing residential
. area. He asked how many dogs they have.
Ms. Lushine said their current maximum capacity is 80 dogs, typically averaging 60 -70 dogs, turning away
substantial business on the weekends or holidays. She said the biggest problem for noise is in the pet relief area
which ha s a 5' 2" slatted fence, allowing the dogs to see people. She said at the new location they would like to
make the fence taller and not slatted, similar to the material of the building and aesthetically pleasing. She said
the dogs don't typically make noise unless they can see someone walking by.
Commissioner Scanlan asked how many dogs they planned for at the new facility.
Ms. Lushine said on average 80 -100, with a maximum of 100 -120 and it would be very rare to have that many
dogs. She also stated there haven't been any complaints filed with the City in seven years in regards to noise,
problems with sanitation, odor, or any other types of issues with the site.
Commissioner Scanlan asked if they have thought about sound suppressing materials for the new building.
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CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
June 1, 2011
Page 9 of 11
Ms. Lushine said they haven't gotten that far with the design, although there are sound ballasts that can be put
in the ceiling to help reduce noise.
Commissioner Scanlan said the new location would be in close proximity to residential.
Ms. Lushine said there are not a 120 dogs standing and barking at each other. She said a traditional kenneling
facility where dogs are confined in rows in individual cells, the dogs will go crazy when a person enters
because they have no access to the person and no access to each other. She said they give tours daily at their
facility and people cannot believe they have that many dogs and there isn't noise. Ms. Lushine said their dogs
interact with each other, with people and they have nothing to bark about. She said they nap, play with each
other, get up and move around. She stated it is not the loud chaos she thinks most people would think it might
be.
Joe Warren, manager of Dog Day Getaway stated that people cannot hear the dogs in the playroom more than
5 -10 ft. away from the building.
Commissioner Scanlan said he believes the new location will be a more active area with people and cars.
Ms. Lushine responded that if the dogs cannot see the activity, there is not a response to it.
Commissioner Scanlan asked if they have any concerns with relocating the potty relief area to where staff
proposed.
Ms. Lushine said no; the plan is still configurable. She said they're open to doing what they have to do to make
the site work.
Assistant City Engineer David Bennett said that the proximity to the residential area is 325', but another thing
to keep in mind is that the proposed site sits about 10' above Foliage Avenue and as you move south it's around
12' so there is also a vertical separation from the residential area.
Community Development Director Bruce Nordquist said there is a variety of retail and light industrial that
surround the proposed site. Also, there is a vacant site just to the south of the proposed location, which staff is
trying to locate the pet relief area away from that site as well.
Commissioner Schindler stated this is not the use he was looking for in this location. He said he is not
comfortable with changing the zoning.
Chair Melander said the Commission would look at this in more detail if the petitioner were to come back with
a formal application.
Ms. Lushine said they were getting the City's reaction before pursuing purchase of the land. She said they are
looking to expand and include a grooming center, self - bathing, training, and they also want the building to be
aesthetically appealing, attractive, and upscale serving a variety of purposes. She stated that their business
would be a great fit and also invited all of the commissioners to stop in and visit their current location.
Chair Melander asked how big their current facility is.
Ms. Lushine said 6,000 sq. ft. She stated the new building wouldn't be that much bigger; they would just be
using the space more efficiently.
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CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
June 1, 2011
Page 10 of 11
Commissioner Diekmann asked Bodmer what the zoning is for their current location.
Bodmer said their current location is zoned Planned Development No.409.
Commissioner Diekmann asked if there is any zoning that allows for this use in the city right now.
Bodmer said yes, the Business Park zoning district specifically allows it. She added that although it is not
specifically listed in other zoning districts, the City can make a determination that it is like similar uses.
Commissioner Diekmann stated to the petitioner that he is not against the proposal, although he thinks it has to
look right. He said it would be easier for him to wrap his mind around the idea if they knew what the building
would look like. He asked the petitioner how far along they are on the design.
Ms. Lushine said she does have a design from a builder that she worked with for another site, but didn't want to
bring those along without speaking with the builder first. She said the fmish would be similar to what Discount
Tire has; a colored pre- fabricated block so that the building has some color and architecture, a fancier entrance,
and a 40' x 40' size.
Commissioner Diekmann stated that this location is a relatively high profile area. He asked if the petitioner
needs the visibility.
Ms. Lushine replied absolutely. She said that clients looking for boarding will search them out and don't need
the visibility for that, but for daycare, it is absolutely about convenience. Also, she stated with the expanding
services, visibility is huge in their success and convenience. Ms. Lushine said one of the key factors for their
interest in this site is longevity and being able to offer a variety of services.
Commissioner Diekmann said his concern is the convenience may land them in the same boat where they reach
capacity again and the capacity will be limited.
Ms. Lushine said they don't hit maximum capacity every day of the week. She said the main reason to expand
is not for the boarding and daycare, but for the ability to offer expanded services.
Nordquist added that the petitioners have been looking for over one year and at all retail locations. The types of
services they are suggesting are retail -like. He mentioned that Home Depot does have restrictive covenants and
that location has remained vacant for some time. He asked Bodmer to expand on the conditional use permit at
the existing facility.
Bodmer replied there is a maximum capacity on the facility in relation to the outdoor pet relief area. She said
there are also requirements in terms of sanitation, noise, size and type of animal restrictions. She said the
conditional use permit allows the City to place reasonable conditions to address the concerns that the City had
at that time. She mentioned that the City has not received a complaint in the seven years they've been at their
current location so from a zoning standpoint it has worked well and so staff and the Commission have had more
of an openness to explore other zoning districts.
Chair Melander told the petitioner that it is a great use and is thrilled that their business is doing well. He stated
that the noise of an air wrench is more bothersome to him than a dog bark. He said he doesn't fmd it to be a
conflicting use. He suggested mentioning noise containment when working on the design with the architect. He
said he admires how well Ms. Lushine expressed herself and her passion for her business.
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CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
June 1, 2011
Page 11 of 11
Commissioner Alwin told Ms. Lushine she did a fine job and thanked her for her proposal.
Chair Melander told the petitioner he hopes she pursues this and they look forward to her coming back again.
B. Request to reschedule the Planning Commission meeting in July.
Community Development Director Bruce Nordquist stated that the American Institute of Architects (AIA)
Sustainable Design Assessment Team (SDAT) will be meeting on July 20 -22, 2011. Due to the time
commitment from various Planning Commission members, staff is recommending a change in date of the
scheduled July meeting of July 20, 2011 to July 13, 2011.
Chair Melander called for a motion.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, to recommend approval of
changing the Planning Commission meeting date in July from July 20, 2011 to July 13, 2011 at 7 p.m. The
motion carried 5 -0.
C. Review of upcoming schedule and other updates.
Community Development Director Bruce Nordquist announced the meeting of the American Institute of
Architects (AIA) Sustainable Design Assessment Team (SDAT) Program Steering Committee on Monday,
June 6, 2011 at 6 p.m. Also, he announced the Cobblestone Lake Commercial Update Luncheon on
Wednesday, June 8, 2011 at 12:00 p.m.
8. ADJOURNMENT
Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a
motion to adjourn.
MOTION: Commissioner Schindler moved, seconded by Commissioner Diekmann, to adjourn the meeting
at 8:19 p.m. The motion carried 5 -0.
Respectfully Submitted,
c
Barbara, 1 1 `'n'g Department Assistant
Approver by the Apple Valley Planning Commission on
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