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HomeMy WebLinkAbout2025-04-02 PC MINUTESCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES April 2, 2025 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, Dave Schindler, Becky Sandahl, Jeff Prewitt, and Douglas Hlas Member(s) Absent: Phil Mahowald City staff members attending: Associate Planner Sydnee Stroeing, Planning Consultant Jennifer Haskamp, City Engineer Brandon Anderson, Assistant 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. Associate Planner Stroeing stated that there were three supplemental documents provided to Commissioners. MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, approving the agenda. Roll call vote: Ayes - 6 – Nays – 0. 3. CONSENT ITEMS A. Approval of Minutes of March 19, 2025 B. Set Joint Meeting at Informal City Council Meeting at 5:30 p.m. on April 10, 2025 MOTION: Commissioner Scanlan moved, seconded by Commissioner Hlas, approving the minutes of March 19, 2025 and setting the joint meeting at informal City Council meeting on April 10, 2025. call vote: Ayes - 6 – Nays – 0. 4. PUBLIC HEARING A. Cannabis Microbusiness Text Amedments Chair Kurtz opened the public hearing. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 2, 2025 Page 2 of 8 Associate Planner Stroeing gave a brief presentation. Commissioner Scanlan asked if the history of the Planned Development (PD) could be provided. Associate Planner Stroeing stated that it was likely zoned as a PD as they generally provide more flexibility and mix of uses. Further history on the PD can be provided at the next meeting if desired. Commissioner Scanlan shared concerns over how approving this request could open the door to other PDs and perhaps rezoning the parcels would be a better option. Associate Planner Stroeing stated that there are some retail and small office businesses located in the strip mall currently. Cannabis Retailers are also allowed in PDs if retail use is already allowed in the PD. Staff considered the possibility of there being more requests like this one and that would be the reason for needing to amend each individual PD and find that the PD could support a cannabis microbusiness. The buffers would also still apply. Chair Kurtz asked if the applicant has considered other locations that are adequately zoned. Associate Planner Stroeing stated that staff is reacting to what is proposed by the applicant and is not aware of any other locations they may have considered. Commissioner Sandahl asked why in the draft ordinance, cannabis microbusiness has a “P” listed as opposed to “PDR”. City Attorney Hills said that is a typo and should just have an asterisk instead of the “P”. The applicant, Jason Sewell (HiRISH), was present for questions. Commissioner Scanlan asked if other locations have been considered. Mr. Sewell stated that he has looked at other locations and there are not a lot of selections available and can be out of reach for smaller entrepreneurs. Chair Kurtz asked if there were any comments from the public. With no further comments, Chair Kurtz closed the public hearing. B. Orchard Place 5th Addition Rezoning Chair Kurtz opened the public hearing. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 2, 2025 Page 3 of 8 Associate Planner Stroeing provided a brief presentation. Commissioner Hlas asked if only the southern half of the property is being rezoned to RB. Associate Planner Stroeing stated that the north and south sections would be zoned PD. The middle section (Outlot A) would remain the same. The property owner could come back in the future to have that land rezoned into the PD as well if they wish. Commissioner Scanlan asked if the City had any concerns over Outlot A and what types of developments may go there. Associate Planner Stroeing stated that staff is not aware of any proposals for Outlot A, but the land would need to be platted. Depending on what use comes forward, it could stay Retail Business or could be amended if needed. It is the developer’s plan to master develop this land so that the users are cohesive. Commissioner Scanlan asked if there were any concerns over the size or shape of the outlot. Associate Planner Stroeing stated that it is currently zoned Retail Business which has a minimum lot size of 15,000 sq. ft., which this outlot would exceed. Commissioner Scanlan asked if the PD was approved and later there were revisions to be made after hearing the two land use action items proposed this evening, would the PD need to be brought forward again for amendments. Associate Planner Stroeing stated that an amendment would need to come back for a recommendation. Commissioner Sandahl noted that the updated draft ordinance states that between the hours of 11:00 p.m. to 10:00 a.m., that no recreation activities shall occur, but the applicant for Skyline Social & Games states that they are open until midnight on the weekends. Associate Planner Stroeing stated that the provision applies only to outdoor recreation activities. Outdoor dining is still allowed. Commissioner Sandahl shared concerns over the proposed 329 parking spaces. Associate Planner Stroeing stated that there is no specific code provision that would apply to a mixed use such as Skyline and deferred to the applicant on further discussion on their parking needs. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 2, 2025 Page 4 of 8 The applicant, Chris Moe (HJ Development) was present for questions. Chair Kurtz asked if there were any comments from the public. The owners of Skyline Social & Games, Corey and Whitney Kolquist, stated their concerns over the limiting of outdoor recreation hours and asked that the Commission strike provision 7.C. under Permitted Uses in the draft ordinance. Discussion was had between City staff and Commissioners considering other hours or language to alter this provision. MOTION: Commissioner Sandahl moved, seconded by Commissioner Hlas, to recommend approval of a rezone of Lot 1 and Lot 2, Block 1 and Outlot B, Orchard Place 5th Addition (according to the preliminary plat) from “RB” (Retail Business) to “PD” (Planned Development). Roll call vote: Ayes – 5 – Nays – 1 (Scanlan). MOTION: Commissioner Sandahl moved, seconded by Commissioner Prewitt, to recommend adoption of the updated draft planned development ordinance applicable to Lot 1 and Lot 2, Block 1 and Outlot B, Orchard Place 5th Addition (according to the preliminary plat) with the change to 7.C. to stated that “no outdoor recreational activity shall occur from 11:00 p.m. to 8:00 a.m.” Roll call vote: Ayes – 5 – Nays – 1 (Scanlan). Chair Kurtz closed the public hearing. C. Orchard Place 5th Addition Preliminary Plat Chair Kurtz opened the public hearing. Associate Planner Stroeing provided a brief presentation. With no comments, Chair Kurtz closed the public hearing. MOTION: Commissioner Sandahl moved, seconded by Commissioner Schindler, to recommend approval of the subdivision of a 16.22-acre outlot (Outlot D, Orchard Place 2nd Addition) into two lots and two outlots. Roll call vote: Ayes – 6 – Nays – 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 2, 2025 Page 5 of 8 5. LAND USE A. Orchard Place Apartment Development (Trident) Site Plan and Building Permit Authorization Consultant Planner Haskamp provided a brief presentation. MOTION: Commissioner Scanlan moved, seconded by Commissioner Hlas, to recommend approval of a 135-unit multi-family residential apartment building on Lot 2, Block 1, of the proposed Orchard Place 5th Addition (according to the preliminary plat). Roll call vote: Ayes – 6 – Nays – 0. B. Skyline Social & Games Associate Planner Stroeing provided a brief presentation. Commissioner Scanlan shared concerns over the south side of the proposed building lacking similar architectural components to the other three sides. The applicant, Whitney Kolquist (Skyline Social & Games), provided more details on the building materials being proposed. Commissioner Schindler suggested adding another brick bump-out to break up the massing on the south side. Commissioner Schindler asked if the black corrugated metal needs to be maintained. Mrs. Kolquist stated that it is not painted and is maintenance free. Commissioner Scanlan asked if there would be foundation landscaping. Associate Planner Stroeing stated that there will be shrubbery and mulch along most of the foundation. MOTION: Commissioner Hlas moved, seconded by Commissioner Schindler, to recommend approval of a site plan/building permit authorization to allow for construction of a 46,550 sq. ft. indoor commercial recreation facility and class I restaurant with an associated 51,150 sq. ft. outdoor recreation facility and patio on Lot 1, Block 1, Orchard Place 5th Addition (according to the preliminary plat). Roll call vote: Ayes – 6 – Nays – 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 2, 2025 Page 6 of 8 C. Rockport, LLC Mixed Business Campus Comprehensive Plan Amendment Consultant Planner Haskamp provided a brief presentation. Commissioner Scanlan asked for clarification on if the approval of this amendment would alter the 19.1 MGD water treatment plant capacity. Assistant City Engineer Acosta and City Engineer Anderson provided additional details regarding the water treatment plant (WTP) capacity and issues that are currently impacting the City’s water and stated that there would be mitigation required if any applicants come forward that exceed that number. The 19.1 MGD figure is the goal the City is committed to reaching. Commissioner Prewitt asked how close the City is to achieving the 19.1 MGD goal. City Engineer Anderson believed that the maximum daily demand (from about June to August) is 15 to 15.5 MGD. Commissioner Prewitt asked what mitigation options there would be. City Engineer Anderson stated that the main concern is the WTP and mitigation would need to be able to expand the capacity of the WTP and further review would need to occur. The attorney for Rockport LLC, Matt Duffy (Monroe Moxness Berg), was present for additional questions and comments. Chair Kurtz opined that if the water supply cannot be accommodated, then it is not feasible to make the change. There was a vision behind the 2040 Comprehensive Plan, and this does not seem to complement that vision. Commissioner Prewitt stated that this Comprehensive Plan amendment feels linked to the data center. Commissioner Sandahl agreed with the City’s infrastructure not supporting this change. Commissioner Scanlan voiced concerns over whether this Comprehensive Plan Amendment was the best option for the applicant to achieve their goals while keeping the goals of the City intact and in line with the 2040 Comprehensive Plan. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 2, 2025 Page 7 of 8 Commissioner Schindler stated that he would be okay with the Comprehensive Plan Amendment as it would only take away the restrictions of how the land is used and the data center would still need to come forward as a separate item for approval. Commissioner Hlas agreed with Commissioner Schindler on the fact that the data center would still need to come forward separately and provide mitigation options if the WTP cannot accommodate. Commissioner Sandahl asked for clarification regarding the addition of Industrial uses being proposed. Consultant Planner Haskamp stated that the Industrial use is only being proposed to be added in Area C of Figure 4.2. MOTION: Chair Kurtz moved, seconded by Commissioner Sandahl, to recommend denial of the requested Comprehensive Plan Amendment with the following findings: water supply issues, sanitary issues, noise, and altering the vision of the 2040 Comprehensive Plan, as supported with the facts of the report. Roll call vote: Ayes – 5 – Nays – 1 (Schindler). 6. OTHER BUSINESS A. Review of Upcoming Schedule and Other Updates The next Planning Commission meeting is scheduled for Wednesday, April 16, 2025, 7:00 p.m. The next City Council meeting is Thursday, April 10, 2025, 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 10:08 p.m. Roll call vote: Ayes – 6 – Nays – 0.