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Home My WebLink About04/19/2017CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES APRIL 19, 2017 1. 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, Jodi Kurtz, Paul Scanlan and David Schindler. Members Absent: Tim Burke and Keith Diekmann. Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, City Engineer Brandon Anderson, City Planner Tom Lovelace, Planner/Economic Development Specialist Alex Sharpe 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 Alwin moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 5 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Alwin moved, seconded by Commissioner Kurtz, approving the minutes of the meeting of March 15, 2017. Ayes - 4 - Nays - 0. Abstained — 1 (Schindler) 4. PUBLIC HEARINGS A. Valleywood Cell Tower Interim Use Permit —Public hearing to consider an interim use permit to allow for the placement of two 90 -foot tall communication towers to be used for the temporary placement of antennas. (PC17-12-I) LOCATION: Valleywood Reservoir 4851 McAndrews Road PETITIONER: Vinco, Inc. and City of Apple Valley Chair Melander opened the public hearing at 7:02 p.m. City Planner Tom Lovelace stated for consideration is a request for an interim use permit to allow for the temporary placement of two 90 -foot tall cell towers in the general vicinity of the existing water reservoir at Valleywood golf course, a 140 -acre site located at 4851 McAndrews Road (CSAH 38). The purpose is to allow for the relocation of existing communication antennas currently affixed to the reservoir onto the two towers as part of a reservoir -reconditioning project. The antennas will be reattached to the reservoir after completion of its rehabilitation and the two towers will be removed. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 19, 2017 Page 2 of 4 An interim use permit (I.U.P.) is defined as a temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow it. The City may issue an I.U.P. if: • The use is deemed to be temporary in light of the comprehensive guide plan designation for the property site on which the use is proposed to be located and the use conforms to the zoning regulations herein; • The date or event that will terminate the use can be identified with certainty; • Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; • The user agrees to any conditions that the Council deems appropriate for permission of the use; and • The use meets the standards set forth in the zoning regulations herein governing conditional use permits. The proposed project will be required to meet all applicable requirements for tower and antenna design and maintenance set forth in the City zoning code, and all necessary permits shall be obtained prior to any placement of the towers on the subject property. It is expected to take a month to erect and attach the antennas to the temporary towers, nine weeks to refurbish the reservoir, and a month to place the antennas back on to the reservoir and remove the temporary towers. Commissioner Alwin asked if the clearance between the temporary tower and the water tower has sufficient distance to do the work without the temporary poles being in the way. Mr. Lovelace answered yes and that the project would not hinder the golf course operation. Commissioner Alwin inquired if the existing insurance related to liability will continue to apply with the temporary towers. City Attorney Sharon Hills replied yes. Chair Melander closed the public hearing at 7:11 p.m. MOTION: Commissioner Scanlan moved, seconded by Commissioner Alwin, recommending approval of an Interim Use Permit for two 90 -foot tall temporary cell towers at 4851 McAndrews Road (CSAH 38), subject to the following conditions: a. The Interim Use Permit shall terminate on May 1, 2018 or 60 days after completion of the reservoir restoration. b. The interim use shall be conducted in conformance with the site plan, dated March 21, 2017. c. All applicable city permits shall be obtained prior to any construction. Ayes -5 -Nays -0 CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 19, 2017 Page 3 of 4 B. Vivo Kitchen IUP for Catering Vehicle Storage —Public hearing to consideration of a request for an Interim Use Permit (IUP) to allow for the storage/parking a catering vehicle temporarily on property. (PC17-11-I) LOCATION: 15435 Founders Lane PETITIONER: Vivo Kitchen Chair Melander opened the public hearing at 7:12 p.m. Planner/Economic Development Specialist Alex Sharpe stated Vivo Kitchen has applied for an interim use permit to store a newly constructed 31 -foot mobile kitchen on the restaurant site. To allow for the tanks the overall length would be 34 feet. The primary use of the vehicle will be for food preparation at events such as weddings, graduations, and festivals. Vivo is looking for a permanent location to store the unit, but needs a temporary location until a suitable permanent one is found. Food will not be prepared or sold in the unit while it is stored on site. Commissioner Scanlan asked for clarification that this is only a temporary solution until a permanent location is determined for parking the vehicle. Mr. Sharpe answered yes and that they would have one year after approval by the City Council. Mark Zweber, Zweber Sullivan, LLC, owns the building and shares the parking lot with Vivo, said he does not have a problem with the request. Chair Melander closed the public hearing at 7:21 p.m. MOTION: Commissioner Alwin moved, seconded by Commissioner Schindler, recommending approval of an interim use permit for Vivo Kitchen to store an up to 34 -foot mobile kitchen at the parking lot adjacent to 15435 Founders Lane, subject to the following conditions: 1. The Vehicle shall be stored in one of the two locations shown on the site plan. 2. The length of the interim use permit shall be one (1) year from the date of approval. 3. The vehicle shall not be stored on the site from December 1, 2017 February 28, 2018. 4. Food preparation, sales, or distribution shall not be permitted at the Vivo and Shops on Galaxie site outside of a special event where the City as issued a permit. Ayes -5 -Nays -0. 5. LAND USE/ACTION ITEMS --NONE CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes April 19, 2017 Page 4 of 4 6. OTHER BUSINESS A. 2040 Comprehensive Plan Update Community Development Director Bruce Nordquist gave an update on the 2040 Comprehensive Plan Update and provided the website and survey questions that are available for the public to participate. He shared some of the comments that have already been submitted. Commissioner Scanlan asked what the avenues available for the public were for transparency and the community involvement process. Mr. Nordquist commented that the Community Development Department would keep a list of those interested in participating when we have pop up meetings and other opportunities for engagement. B. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, May 3, 2017, at 7:00 p.m. 7. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Schindler moved, seconded by Commissioner Alwin to adjourn the meeting at 7:33 p.m. Ayes - 5 - Nays - 0. Respectfully Submitted, an Murphy, Planning ent Assistant Apple Valley Planning Commissio Melander, Chair