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HomeMy WebLinkAbout01/15/20141. 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, Paul Scanlan, David Schindler and Brian Wasserman. Members Absent: Keith Diekmann 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 Chair Melander asked if there were.any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL OF MINUTES DECEMBER 18, 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 Alwin, approving the minutes of the meeting of December 18, 2013. Ayes - 6 - Nays — 0. 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JANUARY 15, 2014 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 animals", rather than "housepets", (PC13-21-0) LOCATION: City Wide PETITIONER: City of Apple Valley Chair Melander opened the public hearing at 7:01 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 15, 2014 Page 2 of 4 Planner Margaret Dykes reviewed the Amendment to Section 155.053(H) of the City Code regulating the keeping of animals in residential districts. The current 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. She stated that the Urban Affairs Committee had recommended changes be made to Chapter 91 (Animals). 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 as 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. Staff believed a recommendation could be made contingent upon final adoption by the City Council of the Urban Affairs Advisory Committee's recommended amendments to Chapter 91. If the City 'Council chooses not to amend the Code, no amendment to Chapter 155 would occur. Discussion followed. Chair Melander closed the public hearing at 7:14 p.m. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, recommending 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. Ayes - 6 - Nays — 0. 6. LAND USE/ACTION ITEMS --NONE-- 7. OTHER BUSINESS CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 15, 2014 Pacie 3 of 4 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. Planner Kathy Bodmer stated the subject property currently includes two platted lots of record, Lots 1 and 2, 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. Jeffrey Scislow, Micasa, LLC, provided additional information. Discussion followed. B. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, February 5, 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 Alwin moved, seconded by Commissioner Scanlan to adjourn the meeting at 7:39 p.m. Ayes 6 Nays O. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 15, 2014 Page 4 of 4 Respectfully Submitted, R)1 Murphy, Planning epartp nt Assistant Approved by the Apple Valley Planning Commission on