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
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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
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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
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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
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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
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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
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