Loading...
HomeMy WebLinkAbout01/15/2014 Meeting Location: Municipal Center City of 7100 147th Street West Apple Valley, Minnesota 55124 JANUARY 15, 2014 PLANNING COMMISSION TENTATIVE AGENDA 7:00 P.M. This agenda is subject to change by deletion or addition to items until approved by the Planning Commission on the date of the meeting. 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES OF DECEMBER 18, 2013 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Amendment to Chapter 155 (Section 155.053 - Permitted Accessory Uses) – Public hearing to consider amendment to Chapter 155, regulating keeping of “household pets and service (PC13-21-O) animals”, rather than “housepets”. LOCATION: City Wide PETITIONER: City of Apple Valley 6. LAND USE/ACTION ITEMS --NONE-- 7. OTHER BUSINESS A.Palomino Hills Rezoning Sketch Plan Review – Sketch plan review of rezoning from “R-2” (Single Family, 18,000 Sq. Ft. min. lot) to “R-3” (Single Family, 11,000 Sq. Ft. min. lot) and 10' front setback variance on Lots 1 and 2, Block 2, Palomino Hills (403 Cimarron Rd) by Micasa, LLC. B. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, February 5, 2014 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, January 8, 2014 -Site plan, variance applications due by 9:00 a.m. on Monday, January 27, 2014 Wednesday, February 19, 2014 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, January 22, 2014 -Site plan, variance applications due by 9:00 a.m. on Monday, February 10, 2014 NEXT CITY COUNCIL MEETINGS Thursday, January 23, 2014 Regular Scheduled Meeting 7:00 P.M. Thursday, February 13, 2014 Informal 5:30 P.M. Regular Scheduled Meeting 7:00 P.M. Regular meetings are broadcast live on Charter Communications Cable, Channel 16. Agendas are also available on the City's Internet Web Site http://www.cityofapplevalley.org. 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, Ken Alwin, Tim Burke, Keith Diekmann, Paul Scanlan, David Schindler and Brian Wasserman. Members Absent: Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, Planner Kathy Bodmer, Planner Margaret Dykes, Assistant City Engineer David Bennett and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES DECEMBER 18, 2013 Chair Melander asked if there were any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Alwin moved, seconded by Commissioner Wasserman, approving the agenda. Ayes - 7 - Nays - 0. 3. APPROVAL OF MINUTES DECEMBER 4, 2013. Chair Melander asked if there were any changes to the minutes. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of December 4, 2013. Ayes - 4 - Nays — 0. Abstain — 3 (Burke, Diekmann and Schindler). 4. CONSENT ITEMS A. Wehrenberg Variance — Consider variance to reduce required front yard setback from 30' to 25' for construction of covered entry. (PC13-45-V) LOCATION: 13971 Holyoke Path PETITIONER: Jeffrey and Cynthia Wehrenberg MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval a variance for the single family residence located at 13971 Holyoke Path (Lot 17, Block 10, PALOMINO LAKESIDE MEADOWS 2nd ADDITION) to reduce the front yard setback from the required 30' to 25' for a covered entryway measuring 9'x7 as shown on the submitted plans received on December 4, 2013, to CITY OF APPLE VALLEY Dakota County, Minnesota Planning Cornmission Minutes December 18, 2013 Page 2 of 4 alleviate ice build-up in winter and prevent erosion around the front entryway, subject to all applicable City codes and standards. Ayes - 7 Nays O. 5. PUBLIC HEARINGS --NONE-- 6. LAND USE/ACTION ITEMS A. Amendment to "P" (Institutional) Zoning District — Consideration of amendments to the "P" (Institutional) Zoning District to allow for governmental administrative offices, maintenance facility buildings and accessory storage buildings. (PC13-40-CB) LOCATION: City Wide PETITIONER: City of Apple Valley Planner Kathy Bodmer stated the Planning Commission is requested to consider amendments to the "P" (Institutional) zoning district to address requests received from the School District and other owners of institutionally zoned property. The P zoning district currently has no provision for maintenance buildings, accessory storage buildings and outdoor storage of vehicles and equipment for governmental entities other than a city. From time to time staff receives requests from schools and churches to construct small accessory storage buildings to store lawn maintenance equipment. The challenge with regulating accessory buildings in the P district is that there are several types of accessory buildings that are typically associated with parks and athletic fields, including warming houses, concession stands, restroom facilities and similar facilities. The City's Central Maintenance Facility currently has several buildings that are used for storage of municipal maintenance vehicles and equipment, police vehicles, salt storage, and the like. The proposed amendments address the missing uses that are currently located in the P district. In addition, the proposed ordinance amendments allow for accessory storage buildings while limiting the number and size of them. One accessory storage building less than 750 sq. ft. would be allowed as a permitted accessory use. A storage building larger than 750 sq. ft., or a second accessory storage building, would require a conditional use permit. The maximum size of an accessory storage building would be limited to 1,400 square feet, except for maintenance facilities. The maximum number of storage buildings would be two, except as otherwise permitted under the permitted uses section. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 18, 2013 Pace 3 of 4 MOTION: Commissioner Scanlan moved, seconded by Commissioner Diekmann, recommending approval of the draft ordinance amending Title XV, Chapter 155, of the City Code, amending Sections 155.03, 155.246, 155.247, and 155.248, regarding the "P" (Institutional) zoning district. Ayes - 7 - Nays - O. B. Sign Ordinance Amendment — Consideration of an amendment to Chapter 154 of City Code of Ordinances (Signs) to allow for electronic message signs on ground/pylon signs (PC13-41-0) LOCATION: Citywide PETITIONER: Uponor North America Planner Margaret Dykes stated Uponor North America had requested amendments to the City Code to allow for electronic message signs integrated into permitted ground and pylon signs. Current Code Chapter 154 (Signs) defines a Changeable Sign as, "A sign or portion of a sign with separate inset letters and/or symbols which can easily be removed and which are periodically changed." All changeable signs in the City are readerboards, which are manually changed. These signs are limited to a maximum of 2/3 of a permitted freestanding sign i.e., ground or pylon. Depending on the zoning district, a freestanding sign ranges from 40 sq. ft. for neighborhood commercial areas up to 180 sq. ft. for major shopping center areas. Therefore, changeable signs could range from 26 sq. ft. up to 119 sq. ft. The Code does not allow for electronic changeable copy, except for gasoline price signs, which may consist of digital or LED display signs. The Code also states, "No illuminated sign which changes in either color or intensity of light shall be permitted, except one giving public service information." Additionally, the Code strictly prohibits any flashing signs in any zoning district. Signs are a form of speech and, as such, are protected by federal and state constitutions. Local ordinances may regulate "time, place, and manner", but may not regulate content. A city may either allow or prohibit a type of sign, but may not restrict the message content of that sign. Uponor requested only a change to allow for electronic message signs. The code amendment would allow them to install a 3' x 14.25' (43.5 sq. ft.) electronic message sign into their ground sign. Discussion followed. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, recommending approval of the draft ordinance amending Chapter 154 (Signs) of the Code of Ordinances. Ayes - 7 - Nays - O. 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 18, 2013 Page 4 of 4 Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, January 15, 2014, at 7:00 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 Burke moved, seconded by Commissioner Diekmann to adjourn the meeting at 7:18 p.m. Ayes - 7 - Nays - 0. Respectfully Submitted, J Murphy, Planning 1 partm t Assistant Approved by the Apple Valley Planning Commission on TO: FROM: 1,1 City of Apple Planning Commission Me - nbers Margaret M. Dykes, Planner MEMO Community Development Department MEETING DATE: January 15, 2014 SUBJECT: Draft Amendments to Chapter 155 (Zoning Ordinance) Regulating Animals Case # PC13-21-0 Item #5A Petition Amendment to Section 155.053(H) of the City Code regulating the keeping of animals in residential districts. Zoning Co de Amendment The Urban Affairs Committee have recommended changes be made to Chapter 91 (Animals). These changes are discussed in the attached memo titled "Background Information". The recommended changes to Chapter 91 necessitate an amendment to Chapter 155 to make these sections of the Code consistent. Section 155.053, which regulates permitted accessory uses in single-family residential neighborhoods, allows "domestic animals commonly kept as 'house pets' for non-commercial purposes, for the use of the occupants of the premises." Staff has interpreted this dogs, cats, and small animals that are caged and kept inside the residence kept indoors; it has not included chickens, goats, or other animals commonly found on farms. Chickens have been considered to be livestock and are permitted only on those parcels zoned "A" (Agricultural). Fewer than 60 acres in the City remain zoned for agricultural uses. Horses may be kept as a permitted accessory use only in the "R-1" zones. The Code does not list performance standards relative to the keeping of animals in this chapter. The recommended changes to Section 155.053 would allow for the keeping of "household pets and service animals", rather than house pets". It would also state that any animal which is not a household pet or service animal as defined elsewhere in this Code is not permitted, except horses, which would still be allowed in the "R-1" districts. The draft amendments to Chapter 155 and Chapter 91 are attached to this report. Recommended Action: Open the public hearing, receive comments, and close the public hearing. Though it is the policy of the Planning Commission not to act on an item the same night as its public hearing, staff believes a recommendation could be made contingent upon final adoption by the City Council of the UAC's recommended amendments to Chapter 91. If the City Council chooses not to amend the Code, no amendment to Chapter 155 would occur. The following motion is recommended: Recommend approval of the ordinance amending Chapter 155 regulating the keeping of animals in residential zoning districts, subject to the final adoption of recommended ordinance amendments to Chapter 91 made by the Urban Affairs Advisory Committee on October 22, 2013. HADEV IOPM\2013 Projects\Domestic Animal Ordinance Amend\PC\PCmemo 011514.doc City of Apple ll Valle TO: FROM: Margaret M. Dykes, Planner Planning Commission Members MEETING DATE: January 15, 2014 SUBJECT: Background Information for Item #5A - Case # PC13-21-0 H:\DEVELOPM\2013 Projects\Domestic Animal Ordinance Amend\PC\Background Info.docx Item #5A — Additional Info. MEMO Community Development Department At its meeting of October 11, 2012, the City Council directed the Urban Affairs Advisory Committee (UAC) to review the City's existing animal ordinances. The City Council called the UAC to meet because it had been asked by residents in single-family residential neighborhoods to review the ordinances so that they may keep animals such as chickens and goats on their property. Current Code The City Code regulates animals in two sections: the entirety of Chapter 91 (Animals), and minor references in Chapter 155 (Zoning). Chapter 91 pertains primarily to cats and dogs; it does not address other animals. Chapter 155 references only "house pets", which is not defined. Urban Affairs Action The UAC held six (6) meetings in April, May, June, August, September, and October. Over the course of these six months, the UAC drafted amendments to Chapter 91 that would clarify what animals would be permitted on residential property. The UAC recommended three (3) substantive changes to the Code: 1. Create a new definition for "Household Pet", and list specific animals that would be exclusively considered a Household Pet. These animals would include only the following animals: dogs, cats, ferrets, birds (excluding all farm poultry such as chickens and ducks), rabbits, rodents and other similar small animals, reptiles, amphibians, insects, and fish. Any service animal as defined by the Americans with Disabilities Act would also be permitted. It should be noted that the majority of the animals listed must be caged and kept inside the residence. The exceptions being dogs, cats, rabbits, and fish, which may be kept outside of the residence in appropriate shelters or enclosures. This list for housepets contains the most common pets kept in the United States according to the 2012 U.S. Pet Ownership and Demographics Sourcebook from the American Veterinary Medical Association (AVMA). 2. Limit the number of certain animals that may be kept at each residence. Currently, the Code states that no more than three (3) dogs and three (3) cats may be kept at a residence. The draft amendment would include ferrets and also limit them to no more than three (3) per residence. The UAC also believed that there should be no more than six (6) animals of these three species at any residence. For example, a household could have one dog, three cats, and two ferrets. Please note that the proposed ordinance should not be interpreted such that a residence would be allowed to have 6 dogs or 6 cats and no other pets. At no time would any residence be allowed more than 3 dogs or 3 cats or 3 ferrets. For those residences that wish to have more than 3 dogs or 3 cats, a kennel or cattery license is necessary. The UAC did not believe that other permitted animals should be included in the limit. 3. Prohibit certain animals from residential property. The prohibited animals would include the following: Farm animals including goats, cattle, sheep, pigs (including potbellied), and bees. Farm poultry including chickens, ducks, geese, turkeys, and pigeons. Any animal prohibited by Federal or Minnesota law. Any wild or non-domesticated animal, including but not limited to bears, lions, wolves, raccoons, poisonous snakes, and apes. Item #5A — Additional Info. „ On October 22, 2013, the UAC voted unanimously to recommend approval of the draft amendments to Chapter 91, The draft amendments to Chapter 91 are attached. 2 H:\DEVELOPM\2013 Projects\Domestic Animal Ordinance Amend\PC\Background Info.docx EXISTING VS. PROPOSED ORDINANCE AMENDMENT - SECTION 155.053 SECTION 155.053 PE ITTED ACCESSORY USES - EXISTING Within any R-1, R-2 and R-3 district, no accessory structures or use of land shall be permitted, except for one or more of the following uses or uses deemed similar by the City Council: (H) The keeping of domestic animals, commonly referred to as "house pets," for noncommercial purposes, for the use of the occupants of the premises. Horses may be kept in R- 1 districts, provided that any accessory building used for housing horses shall be located no less than 100 feet from the nearest residence; SECTION 155.053 - PROPOSED AMENDMENT Within any R-1, R-2, and R-3 district, no accessory structures or use of land shall be permitted except for one or more of the following uses or uses deemed similar by the City Council: (H) The keeping of household pets and service animals, as defined and regulated elsewhere in this Code, by the occupants of the premises for non-commercial purposes. Any animal which is not a household pet or service animal as defined elsewhere in this Code is not permitted, except horses may be kept in R-1 districts provided that any accessory building used for housing horses shall be located no less than 100 feet from the nearest residence; CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE XV, CHAPTER 155, ENTITLED "ZONING" BY AMENDING SECTION 155.053 (H) REGARDING HOUSEHOLD PETS AND KEEPING OF ANIMALS IN RESIDENTIAL DISTRICTS. The City Council of Apple Valley ordains: Section 1. Chapter 155 of the Apple Valley City Code is hereby amended by revising Section 155.053(H) to read as follows: SECTION 155.053 PE ITTED ACCESSORY USES Within any R-1, R-2, and R-3 district, no accessory structures or use of land shall be permitted except for one or more of the following uses or uses deemed similar by the City Council: ATTEST: Pamela J. Gackstetter, City Clerk (H) The keeping of household pets and service animals, as defined and regulated elsewhere in this Code, domestic animals, commonly referred to as "house pets," for noncommercial purposes, for the use of by the occupants of the premises for non-commercial purposes. Any animal which is not a household pet or service animal as defined elsewhere in this Code is not permitted, except 14horses may be kept in R-1 districts provided that any accessory building used for housing horses shall be located no less than 100 feet from the nearest residence; Section 2. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this day of 2014. Mary Hamann-Roland, Mayor DRA CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE IX, CHAPTER 91 OF THE CITY CODE ENTITLED "ANIMALS BY AMENDING VARIOUS SECTIONS TO REGULATE THE KEEPING OF ANIMALS. The City Council of Apple Valley ordains: Section 1. Chapter 91 of the Apple Valley City Code is hereby amended by revising and adding the following definitions in Section 91.01 to read as follows: SECTION 91.01 DEFINITIONS. ANIMAL. Other than a human being or plant, any living thing of the kingdom of animalia, including mammals, birds, fish, amphibian insects, and reptiles. Every nonhuman species of animal, both domestic and wild. CAT. Any domesticated feline animal, male or female, whole or neutered. DOG. Any male or female animal of the dog kind, whole or neutered. DOMESTIC ANIMAL. Any of the various animals domesticated so as to live in a tame condition as a work animal, food source, or household pet. FARM ANIMAL. Any of the various species of domestic animals commonly kept for agricultural purposes such as, but not limited to, horses, cattle, goats, sheep, llamas, potbellied pigs, pigs, and bees. FARM POULTRY. Any of the various species of domestic animals commonly kept for agricultural purposes such as, but not limited to, chickens, ducks, geese, turkeys, pigeons, swans, and doves. HOUSEHOLD PET Domestic animals kept for non-commercial and non-agricultural purposes generally housed within the principal structure throughout the entire year, but for purposes of this Chapter, exclusively consisting of the following domestic animals: (1) Dogs - any animal in whole (excluding hybrids with wolves, coyotes, or jackals) of the species Canis familiarus; (2) Cats — any animal in whole (excluding hybrids with ocelots or margays) of the species Felis catus; (3) Ferrets — any animal of the species Mustela putorius furo; (4) Birds — any of the class of Ayes (birds) that are caged or kept inside the residence, excluding all farm poultry; (5) Rabbits — any animal of the order Lagomorpha that are caged and kept inside the residence or in an outdoor hutch on the subject property; 6 Rodents — an of the order Rodentia such as mice rats and guinea pigs that are kept caged and kept inside the residence; erbils hamsters chinchillas (7) Reptiles — any of the class non-poisonous Reptilia such as snakes less than three (3) feet in length, lizards less than three (3) feet, and turtles that are kept caged and kept inside the residence; (8) Amphibians — any of the non-poisonous class of Amphibia such as salamanders, frogs, and toads all of which are kept caged and kept inside the residence; (9) Insects — any of the non-poisonous mostly small arthropods class of Insecta such as butterflies, ants, grasshoppers that are kept caged and kept inside the residence; (10) Fish — all varieties commonly raised as pets in tanks inside or in decorative outdoor ponds at homes or commercial businesses unless specifically prohibited by state or federal law, and those listed elsewhere in this Chapter. PROPER ENCLOSU ' A structure that securely confines an animal is securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping,. and which provides4ng protection from the elements for the animal. An outdoor enclosure shall (1) be fully secured to and embedded no less than two (2) feet into the ground; (2) have a roof or cover fully secured to the sides of the enclosure; and (3) be locked at all times when occupied by the animal. A PROPER ENCLOSURE does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. All enclosures shall comply with all state laws and zoning and building code regulations in this code. SERVICE ANIMAL. Dogs that are individually trained to do work or perform tasks for people with disabilities that are directly related to the person's disability. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting or protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. A dog whose sole function is to provide comfort or emotional support does not qualify as a service animal. VACCINATION AGAINST RABIES. The inoculation of a dog, cat or ferret with a rabies vaccine. The vaccination shall be performed by a veterinarian duly licensed to practice veterinary medicine. WILD ANIMAL. Any animal which is not naturally tame or gentle, but is of a wild nature or disposition or which, because of its size, vicious nature, or other characteristics would constitute a danger to human life or property. Section 2. Chapter 91 of the Apple Valley City Code is hereby amended by revising Section 91.04 requiring rabies vaccination for dogs, cats, and ferrets to read as follows: SECTION 91.04 BIES CONTROL. (A) Every dog, ferret, or cat, four months of age and older, shall be vaccinated against rabies and distemper. The cost of rabies vaccination shall be borne by the owner of the dog, ferret, or cat, whichever is applicable. (B) Every dog, ferret, and cat which is not vaccinated at the time of its acquisition or transportation into the city shall be vaccinated within 30 days of acquisition or arrival, whichever is applicable, unless the dog, ferret, or cat is under four months of age. (C) Every dog shall be vaccinated thereafter at not more than 36-month intervals with a live rabies vaccine or at not more than 12-month intervals with an inactivated rabies vaccine. Every cat shall be vaccinated thereafter at not more than 36-month intervals regardless of the type of vaccine used. Every ferret shall be vaccinated thereafter at not more than 12-month intervals regardless of the type of vaccine used. (D) A metal or durable plastic current rabies vaccination tag, issued by the attending veterinarian, shall be securely attached to the collar or harness of the dog or cat by the owner. Whenever the dog or cat is out of doors, whether on or off the owner's premises, the collar or harness with the vaccination tag must be worn. In addition, the owner may be requested to provide a current certificate of rabies vaccination issued by the veterinarian. Except as otherwise provided, a violation of this section is a petty misdemeanor. A violation of this section is a misdemeanor if the person violates this section within ten years of the first of two or more previous convictions under this section. (E) The provisions of this chapter with respect to vaccination shall not apply to any dog, ferret, or cat temporarily remaining within the city for less than 30 days, or to any dog or cat brought into the city for field trial or show purposes. Dogs and cats shall be kept under strict supervision by the owner. However, it shall be unlawful to bring any dog or cat into the city under circumstances which are not in compliance with the animal health laws and import and exhibition regulations of the state which are applicable to dogs or cats. (F) Any dog, ferret, or cat found off the owner's premises and not wearing a valid rabies vaccination tag may be impounded. Impoundment and disposition of all animals shall be the same as provided for dogs in this chapter. Any dog, ferret, or cat which is impounded pursuant to this division shall be released to its owner upon payment of the impounding fees and the costs of feeding and caring for the animal on a per day basis, as specified in the appendix to Chapter 35, and by compliance with the rabies vaccination requirements of this chapter. If the owner of a dog, ferret, or cat impounded because of the absence of a valid rabies vaccination tag claims that his or her animal has been vaccinated, the owner may reclaim the animal upon production of proof of vaccination, payment of all fees, as described above, and acquisition of a valid rabies vaccination tag. (G) Whenever any dog, ferret, or cat has bitten a person, the owner, having been so notified either orally or in writing, must: (1) Provide a certificate of current rabies inoculation; and (2) Immediately quarantine the dog or cat animal at the owner's home or other suitable place of confinement as directed by the responsible officer of the city for a period of ten days after the occurrence. (a) During the quarantine, the dog or cat animal shall be securely confined in a building or a yard enclosed by a fence so constructed that the animal cannot escape or otherwise leave the enclosure, and which will not permit other animals or persons to enter, for the purpose of preventing the animal from biting or otherwise coming in contact with persons or other animals. If the dog or cat animal shows signs of illness or if it escapes, the animal control officer or Police Department must be notified immediately. (b) The confinement, testing and treatment costs, in addition to all other expenses incurred, as a result of a dog, ferret, or cat biting a person shall be at the expense of the owner of the animal. (c) In the event that a certificate of current rabies inoculation is not provided or upon a reasonable suspicion that the dog, ferret, or cat may be rabid, the dog, ferret, or cat shall be immediately seized and subjected to the necessary tests by a doctor of veterinary medicine for the purpose of determining if it is infected with rabies. In the event that the dog, ferret, or cat is rabid, it may be disposed of as provided under § 91.21. Any animal, other than a dog, ferret, or cat, which has bitten a person may be destroyed and taken to the University Diagnostic Lab to be determined if the animal has been infected with rabies. (H) Nothing in this section shall be read as to conflict with the requirements of § 91.21 as it pertains to the disposition of animals. Statutory reference: For provisions concerning rabies control, see M.S. § 35.67 et seq. Section 3. Chapter 91 of the Apple Valley City Code is hereby amended by adding Section 91.06 to read as follows: SECTION 91.06 ANIMALS WITHIN CITY LIMITS. (A) The keeping of animals within the city is subject to the provisions of this chapter and applicable state and federal statutes, rules and regulations, including but not limited to those addressing prevention of cruelty to animals, animal health, stray animals, companion animals, service animals and dangerous animals. (B) Except as otherwise provided elsewhere in the Code, no person shall keep or harbor any animal other than a household pet or service animal within the city. (C) Limitation on Number. (1) Purpose. The owning, harboring and keeping on any premise of a large number of pet animals within the city adversely affect the welfare of the entire city due to various noise, odor, health and safety problems resulting from the keeping of a large number of pet animals, which constitute a public nuisance. (2) No person shall keep in any one dwelling unit, lot, or premise or portion thereof more than three (3) service animals or three (3) of each of the following household pets: dogs, cats, or ferrets over the age of four (4) months of age, but not to exceed a combined total of six (6) said animals. This provision shall not apply to veterinary clinics or hospitals, licensed kennels or catteries, pet stores, animal shelters, pet care facilities, or other similar uses permitted by the Code. (D) Keeping Of Certain Animals Prohibited. (1) Prohibited Animals: No person shall keep, maintain or harbor within the city any of the following animals: (a) Any animal or species prohibited by Minnesota or federal law. (b) Farm poultry or farm animal, except in the following cases: (1) Farm poultry or farm animals may be kept on property zoned for agricultural uses. (2) Horses may be kept on property zoned "R-1" (Single Family Residential/minimum lot size of 40,000 sq. ft.). (c) Any animal or species not defined as a "household pet". Examples of prohibited animals include, but are not limited to, the following: (1) All skunks, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccinated against rabies. (2) All large cats of the family Felidae, such as lions, tigers, jaguars, leopards, cougars and ocelots, except commonly accepted domesticated house cats. (3) All members of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except domesticated dogs. (4) All crossbreeds, such as crossbreeds between dogs and coyotes or dogs and wolves, but does not include crossbreeds between domesticated animals. (5) All poisonous snakes, such as rattlesnakes, coral snakes, water moccasins, cobras or copperheads. (6) All raccoons. (7) All piranhas, northern snakeheads, and similar aggressive carnivorous fish. (8) All apes and monkeys. (2) Selling Prohibited: No person shall offer for sale, within the city limits, any animal identified in Paragraph (D)(1)(a) and (c) of this section. (3) Exceptions; Permit Required: (a) Any persons desiring to keep animals prohibited under (D)1 of this section for entertainment, exhibition, show or promotional purposes only may obtain a permit from the city council. Such a permit shall be issued for a period not to exceed thirty (30) days and shall specify further conditions under which such animals shall be kept. A public zoo or other institution engaged in a permanent display of animals may be issued a permanent permit, provided applicable zoning requirements are met. The Minnesota Zoological Gardens is exempt from this requirement. (b) Any accredited education or research institution or veterinary hospital are exempt from the permit requirement, provided protective devices adequate to prevent such animals from escaping or injuring the public are provided. (E) Removal of animal waste required. The owner or keeper of any animal shall be responsible for the immediate removal and proper disposal of any feces deposited by such animal on any property, public or private, not owned or exclusively occupied by the owner or keeper. The owner or keeper of any animal shall also be responsible for the periodic removal and proper disposal of feces deposited by such animal on property owned or exclusively occupied by such owner or keeper so as to prevent the creation of a public nuisance within the meaning of § 94.15. Section 4. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 5. Filing. The City Clerk shall file a copy of this ordinance in her office, which copy shall be available for inspection by any persons during regular office hours. Section 6. Publication. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper of the City with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the Office of the City Clerk. Section 7. Effective date. This ordinance shall take effect upon its passage and the publication of its title and the official summary. ATTEST: PASSED by the City Council this day of 2014. Pamela J. Gackstetter, City Clerk Mary Hamann-Roland, Mayor CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE IX, CHAPTER 91, OF THE CITY CODE ENTITLED "ANIMALS" BY AMENDING VARIOUS SECTIONS TO REGULATE THE KEEPING OF ANIMALS. The following is the official summary of Ordinance No. approved by the City Council of Apple Valley on , 2014: Chapter 91 of the Apple Valley City Code is amended to add regulations amending certain definitions, and creating new definitions for Animal, Domestic Animal, Farm Animal, Farm Poultry, Household Pets Service Animal, and Wild Animal; adding regulations requiring rabies vaccinations for ferrets; limiting the number of certain animals that may be kept on residential properties; and the prohibition of keeping certain animals on residential properties including farm animals, farm poultry, any wild or non-domesticated animal, and any animal prohibited by Federal or Minnesota law. A printed copy of the ordinance is available for inspection by any person during regular office hours in the office of the City Clerk at the Apple Valley Municipal Center, 7100 West 147th Street, Apple Valley, Minnesota 55124. Agenda Item: 7A Petition for: Staff Reviewer: Kathy Bodmer CITY OF APPLE VALLEY PROJECT SUMMARY Palomino Hills Rezoning and Variance Sketch Plan Case Number: NA Applicant: Micasa, LLC Application Date: January 2, 2014 Meeting Date: January 15, 2014 Micasa, LLC, requests a sketch plan review of a proposed rezoning from "R-2" (Single family residential, 18,000 sq. ft. min. lot) to "R-3" (Single family residential, 11,000 sq. ft. min. lot) and variance reducing the front yard setback from 30' to 2 0', for the property located at 403 Cimarron Road. Summary of The subject property currently includes two platted lots of record, Lots 1 and 2, Issues: Block 2 PALOMINO HILLS, which are assigned a single tax identification number. The home was constructed on Lot 1, the northern lot, in 1960 according to Dakota County records. The property owner wishes to sell the vacant lot, Lot 2, to allow for construction of a new single family home. In order to do that, it is necessary for the County to assign separate tax identification numbers for each of the lots. The County requires that the City review and approve requests for the separation of tax identification parcels. The property is located within the "R-2" (Single family, min. lot 18,000 sq. ft.) zone, but the two lots, as platted, do not meet the minimum lot area requirements of the zoning district. As platted, Lot 1 is approximately 14,915 sq. ft. and Lot 2 is 14,930 sq. ft. At staffs request, the City Attorney reviewed the request for the tax split and opined that because the tax split would create two lots not meeting the R-2 minimum lot area requirements, the tax split should not be approved under the current zoning designation. As a result, the property owner proposes to rezone the parcels to "R-3" (Single family, 11,000 sq. ft. min. lot) in order to move forward with the tax identification split of the property. When staff reviewed the size of the lots surrounding the subject parcels, several other lots were found to not meet the minimum lot area requirement of the R-2 zoning district. This appears to be because the zoning district designation with a minimum lot area of 18,000 sq. ft. occurred after the platting of the Lebanon Hills First Addition and Palomino Hills subdivisions. A map has been prepared showing the lot area of lots near the subject parcels. The Palomino Hills subdivision was approved by the Lebanon Township Board of Supervisors on November 11, 1958. It wasn't until 1965, Ordinance #22, that residential zoning districts with minimum lot sizes were established. The earliest zoning map on file is from February 1968 and it shows the Palomino Hills area was zoned "R-1B" which was a single family residential designation with a minimum lot size of 18,000 sq. ft. Recommended No official action is required. The owner wishes to introduce the project and receive Actions: feedback from the Planning Commission prior to submitting a formal application. It is recommended that the Planning Commission not state specifically whether or not they would approve or deny the request, but rather, identify the specific zoning questions or issues they might have with the proposed project. Existing Conditions Property Location: Legal Description: Comprehensive Plan Designation Zoning Classification Existing Platting Current Land Use Size: Topography: Existing Vegetation Other Significant Natural Features Adjacent Properties /Land Uses Attachments: 1. Petitioner Letter 2. Location Map 3. Oblique Aerial 4. Zoning Map 5. Lots < 18,000 Sq. Ft. 6. Palomino Hills Plat 7. Close Up of Subject Lots 403 Cimarron Road Lots 1 and 2, Block 2, Palomino Hills LD — Low Density Residential, 2 -6 units /acre R -2 — Single Family, 18,000 sq. ft. minimum to Platted lots Single family residential 29,845 sq. ft. Severe slopes to the east in the rear yard down to a drainage pond. Lot 1 is landscaped consistent with urban lot development. Lot 2 is vacant and heavily wooded. Jeff Kehrer did a quick windshield survey of Lot 2, Block 2 and estimates approximately 15 to 20 significant trees are located on the lot with approximately 50% of them oak trees. In addition, Jeff identified large cottonwood trees. NA NORTH PROJECT REVIEW Lots 5, 6, and 7, Block I and Outlot A LEBANON HILLS FIRST ADDN Comprehensive Plan Zoning /Land Use LD -Low Density Residential (0 -6 units /acre) R -2 Single Family 18,000 s.f. (Lot 5 - 10,070 sf and. Lots 6 & 7 - 15,785 sf) INO HILLS SOUTH EAST WEST Lot 3, Block 2 PALOM Comprehensive Plan Zoning /Land. Use Lot 3, Block 3 PALOM Lot 1, Block 1 PALOM Comprehensive Plan Zoning /Land. Use Lot 1, Block 1 PALOM Comprehensive Plan Zoning /Land Use LD -Low Density Residential (0 -6 units /acre) R -2 Single Family 18,000 s.f. (Lot area 12,735 sf) INO HILLS (City -owned parcel for storm sewer) and INO EAST LD -Low Density Residential (0 -6 units /acre) R -2 Single Family 18,000 s.f. & M -2C (Multi Fam, 3 -5 units /acre) INO HILLS LD -Low Density Residential (0 -6 units /acre) R -2 Single Family 18,000 s.f. January 2, 2014 City of Apple Valley Planning and Development I hereby request rezoning of Lots 1 and 2, Block 2 Palomino Hills from R-2 to R-3 in order to comply with the City requirements to have a Tax-ID split performed on this parcel. The split would be in accordance with the Plat that was recorded December 4, 1958 as Document No. 236171. Lots 2. Palomino Hills currently have the property address of 403 Cimarron Road and it would be my intent to build a home on Lot 2 once the Tax-ID split is complete. Thank you for your consideration. Micasa, LLC Jef cislow, Chief Manager Acknowledged this 2nd day ofJanuary, 2014 Notary Public VERONICI'' NOTA,PlY M181.1C N.CN!NESC7A 3 ,101:.:". m map map map map map