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HomeMy WebLinkAbout091824 PC MINUTESCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES September 18, 2024 1. CALL TO ORDER The City of Apple Valley Planning Commission Meeting was called to order by Chair Kurtz at 7:00 p.m. Members Present: Jodi Kurtz, Paul Scanlan, Becky Sandahl, Phil Mahowald, Jeff Prewitt, and Douglas Hlas Member(s) Absent: David Schindler City staff members attending: Community Development Director Tim Benetti, Assistant City Engineer Evan Acosta, Planner/Economic Development Specialist Alex Sharpe, City Attorney Sharon Hills, and Department Assistant Breanna Vincent. 2. APPROVAL OF AGENDA Chair Kurtz asked if there were any changes to the agenda. – None. MOTION: Commissioner Scanlan moved, seconded by Commissioner Sandahl, approving the agenda. Roll call vote: Ayes - 6 – Nays – 0. 3. CONSENT ITEMS A. Approval of Minutes of August 21, 2024 MOTION: Commissioner Scanlan moved, seconded by Commissioner Sandahl, approving the minutes of August 21, 2024. Roll call vote: Ayes - 6 – Nays – 0. 4. PUBLIC HEARING A. Zoning Ordinance Amendment – Cannabis Business Ordinance Chair Kurtz opened the public hearing. Planner Sharpe gave a presentation. Commissioner Hlas asked if the Office of Cannabis Management has already been established and will they be dealing with the ordinances once set up. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 18, 2024 Page 2 of 6 Planner Sharpe stated that it is in place though not fully staffed, and they will not be enacting local ordinances. The process would be for the person to apply for a license through the Office of Cannabis Management (OCM), once the applicant receives a preliminary license, they can start soliciting for locations. Once they find a location of interest, they would contact their local zoning authority about what might be needed and then they apply for an official license at that location with the OCM who would then reach out to the City to see whether it would meet our zoning ordinances. The City has 30 days to reply to the OCM for this information. Commissioner Hlas asked if someone is granted a license, are they restricted to going within the commercial area. Planner Sharpe stated that there are two types of licenses, mezzobusiness and microbusiness that can operate within industrial zones and have a retail component similar to Abdallah Candies. Commissioner Mahowald asked why there is a need for buffers and if there are risks or concerns that are attempted to be mitigated by having a buffer. Planner Sharpe speculated that legislature likely put the ability for buffers within the statute to deter the sale of those products from occurring around sensitive such as schools, daycares, and treatment centers. City Council is in favor of a buffer since the statute allows it and there is concern for these products to end up in sensitive areas. Commissioner Mahowald stated that buffers are the only restrictions a municipality can have and that cannabis businesses are basically mandated by legislature. Planner Sharpe stated that legislature is not requiring municipalities to have these businesses but rather they cannot prohibit the use and sale of this business. There is no minimum amount of these businesses required. Commissioner Mahowald asked if there are similar buffers tobacco establishments. Planner Sharpe stated that there are no buffers for tobacco or liquor stores. “Adult uses” are the only use that has a buffer built into the ordinance currently. Chair Kurtz asked if there will be discretion in choosing which types of cannabis business licenses come in. Planner Sharpe stated that the City does not need to determine that as licenses will be issued by OCM. There is a cap on certain business types. The City is in charge of registering the business and local enforcement of compliance within our ordinance. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 18, 2024 Page 3 of 6 Commissioner Scanlan asked for clarification on the locations that retail cannabis operations could occur. Planner Sharpe said that all the red areas shown on the buffer map are where retail/commercial is allowed in the entirety of Apple Valley. Commissioner Prewitt asked if the capped number of locations includes medical cannabis retailers. Planner Sharpe stated that it does include medical. Commissioner Mahowald asked where cannabis products can be consumed. City Attorney Hills said that currently under state law, a person can consume cannabis in their private home. It is not allowed in any City public property. Commissioner Sandahl asked if retail business will be allowed in the Mixed Business Campus. Planner Sharpe stated that it is possible as that ordinance is still being drafted. Commissioner Scanlan asked if there would be enough space for 5 retail cannabis businesses to be located in the City with the buffers in place. Planner Sharpe said that City staff worked together to make sure there would be enough space for the retailers with buffers in place. With a 500’ buffer, the City could fit at least 19 sites, and with a 1,000’ buffer, the City could fit at least 13 sites. Commissioner Sandahl asked what would happen if a preschool wanted to move next door to a cannabis retail business. City Attorney Hills said that it would be the preschool’s decision and would not affect the existing cannabis retail business. Commissioner Mahowald asked if a conditional use permit would be a better option for these businesses if changes need to be made in the future, as this new legislature takes place. City Attorney Hills stated that the City is only looking at the zoning while the state will be handling all regulations. Commissioner Scanlan opined that a 1,000’ buffer would be appropriate. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 18, 2024 Page 4 of 6 Commissioner Hlas asked if buffer measurement would be taken from the property line or the structure. Planner Sharpe said that it would be from the property line. The OCM advised that buffers be taken from where the City has buffers for other uses to remain consistent. Apple Valley currently has buffers from property line to property line for adult uses as well as Class II restaurants from residential areas. With no further comments, Chair Kurtz closed the public hearing. 5. LAND USE A. Orchard Place Apartments Comprehensive Plan Amendment CD Director Benetti gave a presentation addressing the comments received at the public hearing. Commissioner Scanlan stated that this may increase walkability in the surrounding areas and advised that additional pedestrian access and crosswalks be explored when the formal plan is brought forward. CD Director Benetti said that staff is encouraging strategically placed crosswalks so that pedestrians have safe access points. Chair Kurtz opined that multi-family housing is a better option than having an empty lot. This will be beneficial to the retail business and bring more people in. Commissioner Mahowald asked for clarification on the vacancy rate of 2.9%. CD Director Benetti stated that the rate is for all apartments. Commissioner Mahowald asked if the lot to the northwest of the site is still planned for high-density as well. CD Director Benetti advised that it is a holding place for Pulte Homes to take over the site once AVR/McNamara are finished with the maintenance area of the gravel pit. Once finished, it will likely be a continuation of the current townhomes south of that site. Commissioner Mahowald opined that the original plan of having two medium box stores and two restaurants with patios with a concrete feature would be a better use of the space. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 18, 2024 Page 5 of 6 Commissioner Hlas commented that the development does seem to complement the surrounding area with the park and trail systems, as well as surrounding businesses. Commissioner Sandahl stated that the supplemental letters of support from surrounding businesses provided by the applicant were helpful to see. The applicants, Chris Moe (HJ Development) and Roger Fink (Trident Development, LLC) showed examples of other multi-family residential developments within retail areas done in the past. MOTION: Commissioner Scanlan moved, seconded by Commissioner Sandahl, to recommend approval of a Comprehensive Plan Amendment from “C” (Commercial) to “HD” (High Density Residential) of the 5.62-acrea parcel on the northwest corner of 157th St W and English Ave. Roll call vote: Ayes – 5 – Nays – 1. 6. OTHER BUSINESS A. Zoning Ordinance Amendment – Cannabis Business Ordinance CD Director Benetti stated that background information regarding the proposed Cannabis Business Ordinance is included in the staff report to prepare the Commission prior to the public hearing on September 18th. B. Review of Upcoming Schedule and Other Updates The next Planning Commission meeting is scheduled for Wednesday, October 2, 2024, 7:00 p.m. The next City Council meeting is Thursday, September 26, 2024, 7:00 p.m. 7. ADJOURNMENT Chair Kurtz asked for a motion to adjourn. MOTION: Commissioner Scanlan moved, seconded by Commissioner Sandahl, to adjourn the meeting at 8:45 p.m. Roll call vote: Ayes – 6 – Nays – 0.