HomeMy WebLinkAbout011525 PC MINUTESCITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
January 15, 2025
1. CALL TO ORDER
The City of Apple Valley Planning Commission Meeting was called to order by Vice Chair
Scanlan at 7:00 p.m.
Members Present: Jodi Kurtz, Paul Scanlan, Dave Schindler, Phil Mahowald, Becky
Sandahl, Jeff Prewitt, and Douglas Hlas
Member(s) Absent: None
City staff members attending: Community Development Director Tim Benetti, City Engineer
Evan Acosta, 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 Schindler moved, seconded by Commissioner Scanlan,
approving the agenda. Roll call vote: Ayes - 7 – Nays – 0.
3. CONSENT ITEMS
A. Approval of Minutes of December 18, 2024
MOTION: Commissioner Scanlan moved, seconded by Commissioner Hlas,
approving the minutes of December 18, 2024. call vote: Ayes - 7 – Nays – 0.
4. PUBLIC HEARING
A. McDonald’s at Orchard Place
Chair Kurtz opened the public hearing.
CD Director Benetti provided a presentation.
Chair Kurtz asked for clarification on why the applicant wanted to remove the fiber optic
line.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
January 15, 2025
Page 2 of 5
CD Director Benetti stated that if the line was removed, they could drop the berm, but the
cost of movie the fiber optic line is very costly and best left untouched. The berm also
provides some screening.
Commissioner Prewitt asked if there were any drive access concerns for the smaller lot that
would be north of this site.
CD Director Benetti stated that staff does have an idea of what user may be going into this
site and it will be a simplified pickup lane as opposed to a drive-through lane. Staff feels that
the access from English Avenue is enough.
Commissioner Mahowald asked if there could be additional landscaping on the berm.
Assistant City Engineer stated that a large part of the berm is county right-of-way so the
applicant will need to consider that when adding landscaping.
Commissioner Scanlan shared concerns regarding odors emitted from fast food restaurants.
CD Director Benetti said that technology has improved over the years and odors seem to be
mitigated as noted with the current McDonalds restaurant.
The applicants, Eli Sankey (Kimley-Horn) and Megan Rogers (Larkin Hoffman), provided
additional information regarding the proposal.
Commissioner Prewitt asked for clarity on the motions requested.
CD Director Benetti stated there should be five separate motions, one for each request.
With no further comments, Chair Kurtz closed the public hearing.
MOTION: Commissioner Sandahl moved, seconded by Commissioner Mahowald, to
recommend approval of a zoning map amendment rezoning Outlot A, Orchard
Place 4th Addition from “SG” Sand and Gravel to “RB” Retail Business. Roll call
vote: Ayes – 6 – Nays –1 (Scanlan).
MOTION: Commissioner Sandahl moved, seconded by Commissioner Mahowald, to
recommend approval of a subdivision by preliminary plat of a 2.52 acre lot into a
1.51 acre lot and a 1.01 acre lot. Roll call vote: Ayes – 6 – Nays – 1 (Scanlan).
MOTION: Commissioner Sandahl moved, seconded by Commissioner Schindler, to
recommend approval of a conditional use permit for a class-II restaurant with
drive-through on Lot 2, Block 1, McDonalds Orchard Place. Roll call vote: Ayes
– 6 – Nays – 1 (Scanlan).
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
January 15, 2025
Page 3 of 5
MOTION: Commissioner Sandahl moved, seconded by Commissioner Hlas, to recommend
approval of a setback variance to allow a class-II restaurant within 1,000 feet of a
residential use. Roll call vote: Ayes – 6 – Nays – 1 (Scanlan).
MOTION: Commissioner Sandahl moved, seconded by Commissioner Schindler, to
recommend approval of a site plan/building permit authorization for a 3,859 sq. ft
McDonalds restaurant on Lot 2, Block 1, McDonalds Orchard Place. Roll call
vote: Ayes – 6 – Nays – 1 (Scanlan).
B. Rockport, LLC Mixed Business Campus Comprehensive Plan Amendment
Chair Kurtz opened the public hearing.
CD Director Benetti provided a presentation.
Commissioner Schindler was unclear as to why the applicant would want to make this change
as the uses are already allowed under the original comprehensive plan.
Chair Kurtz reasoned that the applicant likely is not getting many commercial inquiries as a
lot of things have changed post-Covid.
Commissioner Scanlan commented that he would like to see more job creation from this
area. Commissioner Scanlan asked if there would be limited access points from CR 42.
CD Director Benetti stated that the access points shown on the “blob plan” were conceptual
and not set in stone. The two access points on the northeast part of the site will likely not be
needed if the proposed use is approved.
Commissioner Prewitt asked if the applicant had provided any new percentages for the
different uses.
CD Director Benetti stated that the developer could best answer but that the consultant
advised that the uses be re-evaluated as the market has changed and other large office users
have needed to close.
City Attorney Hills clarified that the request this evening is to remove Figure 4.2 from the
Comprehensive Plan. This Figure shows the uses that are allowed and where they are to be
placed. If the Figure is removed from the Comprehensive Plan, any of the allowed uses can
go in any of the parcels.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
January 15, 2025
Page 4 of 5
Commissioner Scanlan asked if staff and the applicant could compromise on the percentages
and bring that forward at the next meeting.
City Attorney Hills stated that application presented to the City must be acted on as-is. The
City does not get to make revisions to it.
Commissioner Schindler asked if there have been companies turned away from these sites
because of Figure 4.2 being included.
CD Director Benetti deferred to the applicant.
The applicants, Matt Duffy (Monroe Moxness Berg) and Russ McGinty (North Central
Commercial Real Estate) were present for additional comments and questions.
The Planning Commission had a five-minute recess.
Chair Kurtz asked if there were any comments from the public.
Resident, Cindi Dayus (169 Strese Lane), stated some considerations the City and applicants
should follow regarding environmental best practices for this site.
With no further comments, Chair Kurtz closed the public hearing. This item will be brought
forward at the next meeting.
5. LAND USE
6. OTHER BUSINESS
A. Review of Upcoming Schedule and Other Updates
The next Planning Commission meeting is scheduled for Wednesday, February 5, 2025,
7:00 p.m. The next City Council meeting is Thursday, January 23, 2025, 7:00 p.m.
7. ADJOURNMENT
Vice Chair Scanlan asked for a motion to adjourn.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Hlas, to adjourn the
meeting at 9:10 p.m. Roll call vote: Ayes – 7 – Nays – 0.