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HomeMy WebLinkAbout03/06/2019 MinutesCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MARCH 6, 2019 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, Tim Burke, Jodi Kurtz, Paul Scanlan and David Schindler. Members Absent: Keith Diekmann. Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, Community Development Director Bruce Nordquist, Planner Kathy Bodmer, 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. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 6 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, approving the minutes of the meeting of February 6, 2019. Ayes - 6 - Nays - 0. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, recommending approval of ordinance amending City Code Title XV, Chapter 155 Zoning, related to building construction standards, fences and accessory structures. Ayes - 6 - Nays - 0. 4. ANNUAL BUSINESS MEETING A. Nominate and Approve Officers Chair Melander opened the annual business meeting and asked for nominations. The Commission nominated and elected officer positions amongst themselves for Chair, Vice -Chair and Secretary. The officers, given only one nomination for each office, were accepted by unanimous consent under Robert's Rules of Order: MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan to nominate Thomas Melander to continue to serve as the Chair of the Planning Commission for one year. Ayes - 6 - Nays — 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2019 Page 2 of 6 MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler to nominate Tim Burke to continue to serve as the Vice -Chair of the Planning Commission for one year. Ayes - 6 - Nays — 0. MOTION: Commissioner Burke moved, seconded by Commissioner Alwin to nominate David Schindler to serve as Secretary of the Planning Commission for another year. Ayes - 6 -Nays-0. B. Approve 2018 Planning Commission Annual Report Community Development Director Bruce Nordquist summarized the work done by the Planning Commission in the year of 2018. MOTION: Commissioner Scanlan moved, seconded by Commissioner Burke approving the 2018 Planning Commission Annual Report. Ayes - 6 - Nays — 0. 5. PUBLIC HEARINGS A. Ordinance Amending City Code XV, Chapter 154, Sign Regulation — PC19-04-Z Chair Melander opened the public hearing at 7:13 p.m. Planner/Economic Development Specialist Alex Sharpe stated that in 2014 the City of Apple Valley updated its sign ordinance to accommodate digital signage. Digital sign technology has expanded rapidly since this time and the City needs to respond to these updates for signage within the community to be competitive. The goal of the sign ordinance is to promote signs which are effective for business, aesthetically pleasing, and reduce visual clutter of the community. He reviewed the changes and added that there would be a requirement for signs to include a malfunction screen that is all black, or that the sign turns off in the event of a malfunction. He said it is not the practice for the Planning Commission to act on an item on the night of its public hearing and if there are no adverse comments or concerns from the Commission or the public, staff is recommending that the Planning Commission recommend approval. Commissioner Alwin asked if the digital signs would still be subject to the same maximum area in size. Mr. Sharpe replied yes and that the size is not being amended. Commissioner Alwin inquired if this would be opened up to digital billboards. Mr. Sharpe replied no and that the City of Apple Valley does not permit billboards. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2019 Page 3 of 6 Commissioner Scanlan asked how the disconnect feature for malfunctioning would work for retrofitting to the existing signs in the community. Mr. Sharpe answered that those sign owners would be notified and would have to go to a black screen and not be flashing. He added that the older type of signs are not as disruptive when a bulb goes out opposed to the sign flashing with a major malfunction. He said as they update to the new technology it would be a much more adverse effect. The malfunction feature comes into regulation with the new signs that are basically t.v. screens and when they go out the entire sign goes out rather than an individual bulb. Chair Melander closed the public hearing at 7:21 p.m. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan recommending amending City Code, Chapter 154, Sign Regulations related to digital signs with final review by the City Attorney. Ayes - 6 - Nays — 0. 6. LAND USE/ACTION ITEMS -NONE- 7. OTHER BUSINESS A. Cider Ridge Marketplace/Hope Church Commercial Sketch Plan Planner Kathy Bodmer stated no official action is required with a sketch plan and that the owner only wishes to introduce the project and receive feedback from the Planning Commission prior to submitting a formal land use application. It is also recommended that the Planning Commission not state specifically whether or not they would approve or deny the request, but rather, identify the specific zoning questions or issues they might have with the proposed project. She said the applicant wishes to present plans for a proposed development on the west side of the Hope Church property, abutting Cedar Avenue, at 7477 - 145th Street West. If the project were to move forward, the petitioner would be requesting the following actions: 1. Comprehensive Plan Amendment from "INS" (Institutional) to "C" (Commercial). 2. Rezoning from "P" (Institutional) to "PD" (Planned Development). 3. Subdivision by preliminary plat to subdivide the existing 7.4 -acre lot to create a 33,600 sq. ft. (0.8 -acre) lot for commercial development. 4. Conditional use permit (CUP) for bank teller drive-thru. 5. Site plan review/building permit authorization for construction of a 7,200 sq. ft. multi -tenant building, Cider Ridge Marketplace. She added that the Hope Church property abuts residential development on the north and east sides of the property. On the south, the property abuts 145th Street W. and south of that is the Dalseth Dental Clinic. The west side of the property is bounded by Cedar Avenue. A large 75' wide pipeline CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2019 Page 4 of 6 easement bisects the property at an angle and restricts development and redevelopment of the property. Both the 2030 and 2040 Comprehensive Plan currently guide the development of the site for "INS" (Institutional) uses. A comprehensive plan amendment would be required in order to redevelop the site for professional office or other limited business uses. She reviewed uses for the site and said with church activities there could be conflicts as well as conflicts with traffic generating uses like a coffee shop with a drive-thru or a Class II restaurant with drive-thru services. Appropriate uses will need to be evaluated in light of the nearby residential neighborhoods and potential impacts to the signalized intersection at Cedar Ave and 145th Street W. The site would be accessed from the existing church drive access. No additional accesses are requested. The building is shown oriented parallel with Cedar Ave with the front of the building facing east and the rear of the building facing west. The appearance of the west side of the building will be an important consideration given its visibility to Cedar Ave. At 7,200 sq. ft., the building will be required to have a minimum of 41 parking spaces; 35 parking spaces are provided on the newly created lot. The petitioner states that there will be cross -parking and cross -access easements executed between the church and office properties. Commissioner Burke asked for a comparison in size of this one to the TCF building. Ms. Bodmer answered that this building would be about three times larger in square footage than the TCF building. Commissioner Scanlan noted that the trash enclosure was in the north corner. Ms. Bodmer replied that she identified some concerns in the site plan and that typically institutional zoning district knowing that it is going to be next door to residential, the setback for parking lots next to residential would need to be 20 feet. She said the plans show 5 feet for the parking and for the dumpster. Staff would like that pushed off 20 feet. Commissioner Scanlan inquired if they put a restaurant there where would the minimum to residential properties be and asked if there could be some issues with that. Ms. Bodmer said that is a very good question and that it is more related to fast food. The Class III restaurants are more compatible with neighborhoods. It is a fine fit as long as there would be no drive-thru. Commissioner Scanlan said a drive -up for a bank would be okay but with a drive -up for a restaurant there could be a stacking concern with cars. He added he also takes a look at the landscaping components with the back of the building facing Cedar Avenue. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2019 Page 5 of 6 Commissioner Alwin asked how far the nearest retail on the other side of Cedar Avenue is to this area. Ms. Bodmer said across the street is Kwik Trip and to the south is limited business so that would be professional offices. This area is north of the core of the downtown and before you get to the ring route area at 147th Street W. Commissioner Burke asked for the criteria needed regarding a planned development versus just the regular zoning. Ms. Bodmer replied that for projects less than five acres, they have to meet two tests. They have to talk about how the planned development project better meets the City's goals relative to the Comp Plan and the second is how the planned development zoning is in the public interest. Like what is the benefit to the City by going in this direction. Chair Melander said he concurs with Commission Scanlan's comments about the side of the building facing Cedar Avenue and this building would need to have two fronts as it proceeds because it cannot look like the back of a building. That would not be acceptable. He said he would be a little concerned with restaurant parking and it could be tight for parking. Perhaps it would be a nice fit with the church because folks after church go for breakfast. He added he does not have trouble with it as a concept. Ben Krsnak, Hempel Companies, thanked the Commission for considering this project and thanked Ms. Bodmer for the work she put in to it so far. He said they are excited about this project and they think it is an underutilized property right now. In terms of achieving the goals of the City, this is a new property. They would be committed to making it extremely attractive outside. This would not be the typical strip center. It has two-sided architecture with windows and they are a big believer of bringing in the natural light for the tenants in their building. They use high quality materials on the building. Commissioner Kurtz asked for the views of the front and backsides. Mr. Krsnak showed the two views and said there would be a sidewalk on the back for connection to promote pedestrian access for utilization of this property. Commissioner Alwin said it conceptually fits with the Comprehensive Plan when we are looking for a little bit more density, some building out and filling those outlots in proximity to Cedar Avenue with walkability and approachability. He added that the zoning concern would be a little retail sprawl and could be the tenant mix, obviously not a hardware store here. It is a nice looking building. He thinks it would complement the church and parking that they do not have that big open parking lot. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 6, 2019 Page 6 of 6 B. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next regular Planning Commission meeting would take place Wednesday, March 20, 2019. 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 Scanlan to adjourn the meeting at 7:52 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, f L- n Murphy, Planning Di pa Assistant Approved by he Apple Valley Planning Commissio on 6