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HomeMy WebLinkAbout080421 PC MINUTESCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES August 4, 2021 1. CALL TO ORDER The City of Apple Valley Planning Commission Meeting was called to order by Acting Chair Kurtz at 7:00 p.m. Members Present: Jodi Kurtz, Tim Burke*, Paul Scanlan, Keith Deikmann, Philip Mahowald, and Becky Sandahl Member(s) Absent: David Schindler City staff members attending: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, City Engineer Brandon Anderson, and City Attorney Brian Wisdorf * Present Virtually 2. APPROVAL OF AGENDA Acting Chair Kurtz asked if there were any changes to the agenda. Community Development Director Nordquist requested that the two items in “Other Business” be addressed in reverse order. MOTION: Commissioner Deikmann moved, seconded by Commissioner Scanlan, approving the agenda as amended. Roll call vote: Ayes - 6 – Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of June 16, 2021. Roll call vote: Ayes – 6 – Nays – 0. 4. PUBLIC HEARING No Public Hearings 5. LAND USE A. Eagle Brook Church Consider Zoning Amendment to Add Church to the List of Uses in Planned Development No. 646/Zone 1 Planner Tom Lovelace presented the staff report. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 4, 2021 Page 2 of 7 Chair Burke stated that in letter from Mark Hennessey from Eagle Brook Church said there were other options for rezoning and he was wondering what they were. Mark Hennessey, a representative for Eagle Brook Church said that the church would be going with 1st option that would have a new access from Flagstaff Avenue. Acting Chair Kurtz questioned why access off 147th Street West is not being considered. We aren’t using northern part of 147th so the existing Sam’s Club access could be bypassed completely. City Engineer Brandon Anderson says there are safety and queuing issues with adding an access from 147th Street West. Acting Chair Kurtz asked if there was eventually going to be a stop light added. City Engineer Anderson said that the City has no immediate plans for capital improvements at this location. The intersection is currently operating at a high level of service and the accident rates are low. The changes proposed by Eagle Brook would benefit the system. Commissioner Scanlan mentioned concern with potential conflicts between traffic and pedestrians at the proposed Flagstaff Avenue intersection. He stated that the sightlines could be an issue because of the trees along that roadway. He also expressed concern with the common access from the west. Planner Lovelace said that church traffic would be different than with a retail use because with a retail store you have traffic regularly accessing the site and with a church it is only at a designated time of day, mostly the three Sunday church services and some Wednesdays. Acting Chair Kurtz asked if there could be a left turn only sign at the north common access, which would force the church traffic to go south. Planner Lovelace said that we could certainly suggest it. Planner Lovelace said he would have to look to see if it is a requirement or not. This situation is different because peaks are at different times. Commissioner Deikmann asked if there was an existing cross access easement between Sam’s Club and Menards and if it would continue with the sale of the property. Planner Lovelace said he wasn’t sure if past agreement would still be in place with the sale of the Menards site to Eagle Brook. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 4, 2021 Page 3 of 7 Commissioner Diekmann asked if the continuation of the cross access easement could be a condition of approval. Planner Lovelace stated that he could not provide an answer at this time, but it certainly could be discussed at the time of site plan/building permit authorization review of the proposed development. City Engineer Anderson stated that traffic utilizing the Sam’s Club property would likely be less than the traffic related to the previous Menards use and would verify in the traffic study the percent of traffic utilizing this route. He indicated that the City will review the common drives, in particular, the one in front of the west buildings, and recommend any geometric revisions that could help with traffic flow as part of any future development proposal. Community Development Director Nordquist reminded the Commission that the action being considered is the proposed use and confirmation of the use would provide the applicant to proceed and finalize development plans for future consideration by the City. Acting Chair Kurtz asked if any further questions for commissioners MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlon to recommend approval of .Eagle Brook Church Consider Zoning Amendment to Add Church to the List of Uses in Planned Development No. 646/Zone 1 Roll call vote: Ayes - 6 – Nays - 0. 6. OTHER BUSINESS A. Review and Discussion on Draft Animal Ordinance Planner Alex Sharpe presented the staff report. Planner Sharpe presented on nine primary aspects of the ordinance which are outlined below: • Locations chickens would be permitted – Single-family properties. • Roosters shall be prohibited. • Total number of chickens permitted per lot – 5 hens, chicks until 4 weeks old. • Butchering shall be prohibited. • A permit being required. Bi-annual renewal with a one-time fee. • Setbacks – 10’ rear setback, 10’ side setback. o Chicken Coop shall be closer to subject dwelling/home than any neighboring home. • Chicken Coop size and materials CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 4, 2021 Page 4 of 7 o Coop shall be 5 sq. ft. per hen and the run shall be 10 sq. ft. per hen. o Maximum size shall be 100 sq. ft. o Building materials shall be “professionally constructed or out of similar standards and materials. o Coops shall be considered accessory structures and shall be counted towards the two permitted per lot. • Coop waste shall be disposed of by licensed trash hauler. o Coop waste shall not be composted on site. • Food storage shall be in a metal, water-tight container which is rodent resistant. Commissioner Sandahl questioned whether chicken coops/runs would be subject to impervious surface requirements. Planner Sharpe responded that coops/runs are subject to all accessory structure requirements, including impervious surface, materials, and total number. Commissioner Deikmann noted that he did not see a minimum lot size within the ordinance and wanted to know whether consideration of a minimum lot size of 10,000 sq. ft. had been evaluated as part of the process. Planner Sharpe responded that minimum lot sizes had not been considered as part of Urban Affairs Advisory Committee’s review. The committee had preliminarily discussed lot sizes within the City, but did not seek to create an ordinance where adjacent homes may have different regulations, where one would be allowed chickens as they were over 10,000 sq. ft. and the neighbor was not, as they were below. Commissioner Deikmann noted that if the City allowed this use on lots which are less than 10,000 sq. ft. there may not be a way to not impact neighbors. Acting Chair Kurtz commented that she had experience with chickens and that prohibiting roosters is a good step, but hens still make disruptive noise. Kurtz also noted that chickens, even when well-tended will still have an odor. Kurtz questioned where waste would be disposed of and whether composing would be permitted as this would increase odor issues. Planner Sharpe responded noting that the draft ordinance requires waste to be disposed of by a licensed hauler and that it could not be composted on site. Acting Chair Kurtz questioned how enforcement on sites which become problematic would be handled and how complaints have occurred in other communities, specifically Burnsville. Planner Sharpe responded that he has spoken to several surrounding communities, including Burnsville, Eagan, Farmington, and Bloomington. Findings noted that the complaints within these communities have been minimal over the last 5-6 years. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 4, 2021 Page 5 of 7 Acting Chair Kurtz questioned whether the coop required heating during the winter months. Planner Sharpe responded that an incandescent lightbulb is often all that is required, but that the draft ordinance requires an electrical permit be issued if the coop is to have power and that an extension cord is not sufficient. Acting Chair Kurtz questioned whether coops that are no longer used will require removal. Planner Sharpe responded that the two-year renewal of the permit allows staff to track the current number of coops within the community and additionally ensure that a coop which is no longer utilized is removed. Commissioner Scanlan noted his agreement with Commissioner Deikmann’s comments about minimum lot size. He questioned whether the ordinance would include language stating that neighborhood associations would still be able to prohibit chickens and coops if they sought to. Planner Sharpe noted that the draft ordinance includes a provision that applicants obtain permission from their association, if applicable, prior to applying for the permit. Sharpe elaborated that the City is not responsible for enforcement of neighborhood association rules or covenants and that the City Attorney has advised that we not include specific language about associations other than the provision previously noted. Commissioner Burke questioned whether this use would be permitted on all single-family lots, or only those which are owner occupied. Planner Sharpe responded that the use is for single-family and does not restrict the use to owner occupied parcels and that this was done at the advice of the City Attorney. Ultimately, as with other code enforcement cases if an issue arose the property owner would be the responsible party and would be required to take a corrective action. Commissioner Deikmann questioned who was leading the request to allow chickens on single- family lots. Planner Sharpe responded that The Urban Affairs Advisory Committee (UAAC) had been tasked with researching and responding to a 250-person petition submitted to the City Council in November 2020. Since that time the UAAC has met 5 times to research and direct staff in development of a draft ordinance. Commissioner Deikmann questioned whether there had been consideration to not amend the current ordinance which prohibits chickens on single-family lots. Community Development Director Bruce Nordquist responded that the animal ordinance adopted in 2014 has been our guide, but that every year the Community Development Department CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 4, 2021 Page 6 of 7 receives requests to keep chickens. Nordquist further noted that a substantial number of communities in the Twin Cities metro, by far the majority, allow chickens. The few that have not allowed chickens recently updated their ordinances to allow the keeping of chickens on single- family lots and that we need to respect the request of many residents to the work of them developing a draft ordinance. Commissioner Philip Mahowald sought some additional information on the lot sizes within the community and diagrams showing homes and setbacks for these smaller lots. Mahowald noted that it would be useful to understand the total number of single-family lots within the community. Commissioner Scanlan questioned whether there was an increased predator presence, such as coyotes in response to chickens in other communities. Acting Chair Kurtz seconded this concern, particularly with dog owners already having concern about coyotes within the community and the danger this presented to both dogs and people. Planner Sharpe responded that other communities, particularly Bloomington that mapped their coyote and fox sightings have not seen a correlation between increased predators and chickens. The University of Minnesota Extension staff that presented to Urban Affairs noted that if the chickens are kept in a way that predators are not able to gain access to the food they move to another location. B. Review of Upcoming Schedule and Other Updates The next Planning Commission meeting is Wednesday, September 15, 2021, 7:00 p.m. The next City Council meeting is Thursday, September 9, 2021, 7:00 p.m. 7. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Acting Chair Kurtz asked for a motion to adjourn. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, to adjourn the meeting at 8:34 p.m. Roll call vote: Ayes – 6 – Nays – 0