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HomeMy WebLinkAbout2025-05-07 PC MINUTES CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES May 7, 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, Phil Mahowald, Jeff Prewitt, and Douglas Hlas Member(s) Absent: Paul Scanlan, Dave Schindler, Becky Sandahl City staff members attending: CD Director Tim Benetti, City Planner Terri Dill, Associate Planner Sydnee Stroeing, 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. MOTION: Commissioner Mahowald moved, seconded by Commissioner Hlas, approving the agenda. Roll call vote: Ayes - 4 – Nays – 0. 3. CONSENT ITEMS A. Approval of Minutes of April 16, 2025 MOTION: Commissioner Hlas moved, seconded by Commissioner Mahowald, approving the minutes of April 16, 2025. Roll call vote: Ayes - 4 – Nays – 0. 4. PUBLIC HEARING A. PD-975 Impervious Surface Text Amendment Chair Kurtz opened the public hearing. Associate Planner Stroeing provided a brief presentation. The applicants, Erik and Amy Edstrom, were present for questions. There were no questions or comments from Commissioners. Resident, Chris Moldan (6035 158th Ct. W), stated his support for the project. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 7, 2025 Page 2 of 4 MOTION: Commissioner Prewitt moved, seconded by Commissioner Hlas, to recommend approval of a draft ordinance amending Article 34, Planned Development No. 975 of the City Code by amending impervious surface requirements. Roll call vote: Ayes – 4 – Nays – 0. 5. LAND USE A. Cannabis Microbusiness Text Amendments Associate Planner Stroeing provided a brief presentation. Commissioner Mahowald expressed concerns over the parenthetical included in the proposed text amendment and whether the amendment should refer to only the southern portion of PD-409. Associate Planner Stroeing stated that the “(or zones therein)” is included due to this amendment being applicable to all PDs, some of which have multiple subzones. PD-409 only has one subzone. The language is drafted so that it can be applicable to all PDs, should a request come forward. In regard to the northern portion of PD-409, the northwest parcel touches a buffer zone, so a cannabis business would not be allowed to operate there. Commissioner Mahowald commented that the northeast parcel would also not allow a cannabis related use, if this request is approved, since it would not meet the 1,000’ buffer between cannabis related uses. City Attorney Hills stated that buffers are moving targets. Daycares, schools, and other facilities may move and therefore the buffer would no longer exist. Chair Kurtz opined that there are other locations in the City suitable for this use without making an amendment. Commissioner Hlas agreed with Chair Kurtz’ comments. Commissioner Mahowald expressed his concerns with the northern portion of PD- 409 being close to a residential area. Commissioner Prewitt asked for further information regarding the state requirements for the site and how that may correlate to the ordinance amendment. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 7, 2025 Page 3 of 4 Associate Planner Stroeing stated that staff does not have any review of the state requirements and deferred to the applicant on the state process and requirements. The applicant, Jason Sewell (HiRISH) gave a brief presentation. Chair Kurtz asked if there were any other locations considered. Mr. Sewell stated that he did consider other locations but the size of the spaces were either too large or too small for his use. Resident, Hillary Swanson (15565 Finch Ave.), stated her opposition to the request. Ms. Swanson advised that many of the tenants in the location of the proposal were not aware of this request when she spoke with them. Ms. Swanson stated that the location was in close proximity to schools. She said that this business may also bring dangers to the City. Ms. Swanson stated that more residents and business owners should be made aware of this request. MOTION: Commissioner Hlas moved, seconded by Commissioner Mahowald, to recommend denial of the draft ordinance amending Article 16, Planned Development No. 409 by allowing cannabis microbusiness as a conditional use with the conditions as drafted. Roll call vote: Ayes – 4 – Nays – 0. MOTION: Commissioner Hlas moved, seconded by Commissioner Mahowald, to recommend denial of the draft ordinance amending Section 155.320(C) regarding cannabis microbusiness in Planned Development districts. Roll call vote: Ayes – 4 – Nays – 0. 6. OTHER BUSINESS A. Review of Upcoming Schedule and Other Updates The next Planning Commission meeting is scheduled for Wednesday, May 21, 2025, 7:00 p.m. The next City Council meeting is Thursday, May 8, 2025, 7:00 p.m. CD Director Benetti introduced the new City Planner, Terri Dill. 7. ADJOURNMENT Chair Kurtz asked for a motion to adjourn.