HomeMy WebLinkAbout11/06/2019 Minutes
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
NOVEMBER 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 and Paul Scanlan.
Members Absent: Keith Diekmann, Jodi Kurtz and David Schindler.
Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, Community
Development Director Bruce Nordquist, City Planner Tom Lovelace, Planner Kathy
Bodmer 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 - 4 - Nays - 0.
3. CONSENT ITEMS
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the
minutes of the meeting of October 16, 2019. Ayes - 4 - Nays - 0.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, recommending
approval of PD-1053 Sign Ordinance Amendment to Article 37 of Chapter 155
Appendix F to allow for additional signage in Zone 1. Ayes - 4 - Nays - 0.
4. PUBLIC HEARINGS
A. Applewood Pointe PC19-10-ZSB
Chair Melander opened the public hearing at 7:02 p.m.
City Planner Tom Lovelace stated, United Properties is requesting the following:
1. Rezoning of the 10.9 acres from "M6-A" (Multi-Family Residential/6-12 units per acre) to
"PD" (Planned Development).
2. Subdivision by plat of the 10.9-acre site into one lot and one outlot.
3. Site plan/building permit authorization to allow for the construction of a 3-4 story/98-unit
senior cooperative building.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2019
Page 2 of 13
The property is located at the northeast corner of Pilot Knob Road (CSAH31) and McAndrews
Road (CSAH 38). A single-family home and three outbuildings are currently on the property.
Access to the property is from a driveway off Pilot Knob Road, which will be removed as part of
the proposed development project.
The 2030 Comprehensive Plan guides the property "MIX" (Mixed Use). Mixed use areas contain a
mix of retail and service business, office, institutional, medium and higher density residential,
public uses and/or park and recreation uses. The uses may be mixed vertically (in a common
structure) or horizontally (in a common site or area).
The draft 2040 Comprehensive Plan Land Use Map guides the property "MD" (Medium
Density Residential/6-12 units per acre). Medium Density Residential land uses include townhomes,
other attached single-family dwellings, and low-rise apartments and condominiums at densities that
range from 6-12 units per acre. This designation fits with the M-4, M-5, M-6, and PD zoning
districts. The applicant is proposing to construct 105 multi-family dwelling units on ten (10) acres.
This will result in an overall density of 11 units per acre, consistent with the "MD" designation.
The proposed multi-family development will provide 98 senior co-op dwelling units and seven (7)
townhomes. This development proposal will address the City's Livable Communities Act (LCA)
principles of adding a housing product that helps provide a balanced supply and variety of housing
types for people of all income levels and in all lifecycle stages.
The property is currently "M-6A" (Multiple Family Residential/6-12 units per acre). This property
has had this designation since 1990. Prior to 1990, the property was zoned "A" (Agricultural) as
was much of the non-public property in the area.
The proposed 98-unit senior co-op development will located on a 7.86-acre lot. This will create a
density of 12.5 units per acre.
The applicant is requesting a rezoning from "M-6A" to "PD" (Planned Development). A Planned
Development is an urban development often having two or more principal uses and having
specialized performance standards relating to an overall approved development plan to provide for
an optimal land use relationship.
He reviewed the site plan, access to the site, parking, grading and utilities, tree inventory and
preservation plan, landscaping and elevation drawings. The proposed subdivision is located
adjacent to Pilot Knob and McAndrews Roads, which are both county roads, and it was subject to
review by the Dakota County Plat Commission.
Commissioner Burke asked for explanation of the temporary right-in.
Mr. Lovelace said Dakota County would provide the temporary right-in because it does not meet
spacing requirements and guidelines they have set forth. The County has a policy on spacing and
they called it out in their report as a temporary access point where in the future they could get better
access farther north. In the future some development might need to occur on the Valleywood Golf
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2019
Page 3 of 13
Course property or on the other side of Pilot Knob Road at Lebanon Hills Camp Sacajawea.
However long the temporary access remains could be part of negotiations between the applicant and
Dakota County and the City would also be involved in that.
Commissioner Alwin commented that this is senior housing and he had heard concerns and
proposals for the number of senior housing units that have gone up in Apple Valley and asked
where the numbers are now and how this ties into projections.
Mr. Lovelace replied there is a variety of housing in Apple Valley that provide continuum care
facilities with independent, assisted and memory care, senior cooperatives and senior rentals. There
are about 1100 1200 units of senior housing and in comparison to the total number of units in the
City is about 7 percent. Apple Valley is primarily a single-family area that has primarily the
number of units we have. Life cycle housing is to provide a mix of housing and one of them is the
senior housing. There is an opportunity for the seniors in Apple Valley who want to remain in
Apple Valley but would like to sell their single family home or their townhome and move into
something that is a little less cumbersome or does not require as much upkeep by a senior individual
or a senior couple. That is why this is happening in this community. Apple Valley is a desirable
place to live, the population is getting older and the older population desires to remain in Apple
Valley.
Commissioner Alwin commented that in the Comprehensive Plan it states that Apple Valley is a
Community for a Lifetime. He thought that currently none of the properties are sitting idle.
Mr. Lovelace said Applewood in Eagan has a waiting list.
Commissioner Burke referenced senior housing in Cobblestone Lake, and said it was mentioned
that people who look for housing come from a 2 - 3 miles radius in distance of the new location.
Mr. Lovelace added that early on when there were townhomes being built and they were gearing it
toward the senior component, it was mentioned that they are moving down here (Apple Valley)
because this is where their son or daughter and their family lives and we want to be close to them.
People were moving from Bloomington, Richfield, etc. to be down in Apple Valley and the
townhome market was in demand at that time which was about 15 years ago.
Chair Melander asked if the density they are proposing falls within medium density.
Mr. Lovelace answered that right now it is about 12.5 units/acre so it falls in the high density.
Medium density goes 6-12 units/acre and 12+ is your higher density. There have been discussions
with the applicant on this.
Community Development Director Bruce Nordquist commented that with Legends of Apple Valley,
the City Council asked that marketing be directed to residents in Apple Valley to be sure we were
meeting the local needs first. It was 100 percent occupied from the day it opened.
Commissioner Scanlan inquired about the townhome component.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2019
Page 4 of 13
Mr. Lovelace answered that the townhomes are shown on the southwest corner of the site and there
could be an issue with the width of a private street. There could be parking on one side of the street
or guest parking and staff would need to work with the applicant.
Alex Hall, United Properties, said they are excited to bring an Applewood Pointe to Apple Valley
and described the project.
Rob Howard, Pope Architects, Inc., provided an aerial video of the site.
Michael Halley, Hanson Builders, added additional information related to the townhomes and said
the range would be from $500K to $650K.
Peggy Kluthe, 12565 Driftwood Lane, commented that this is a beautiful development but does not
think it is appropriate for this site. She had a concern for density, additional traffic and traffic flow
into the site. She added that the speed limit is 55 mph on McAndrews Road and there is lots of
traffic with Valleywood Golf Course and the developments in Rosemount. She expressed concern
for people driving through the Huntington development that has no sidewalks and children have to
walk in the street to the bus stops. She is not anti-senior housing and feels there are other places in
Apple Valley this could go. She expressed concern for no right-turn lanes and thought possibly a
frontage road to get the traffic off McAndrews and Pilot Knob should be looked at.
Ian Ellis, 12641 Dover Drive, had a concern for traffic and said the southbound lane on Pilot Knob
has a yellow flashing light and the senior drivers would attempt a U-turn there at the time people are
coming 55 mph over the crest of the hill at Dorchester and somebody could get really hurt there.
He suggested the City take the right-of-way (ROW) along McAndrews Road and create an entry
into this development and make it safe and then there would not need to be a temporary access off
of Pilot Knob Road. He doubted that townhomes at $500K to $600K would be for 20 and 30 year
olds.
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Sarah Trachet, 4635 129 Street W, commented there are no walking paths going northbound on
Pilot Knob Road nor eastbound on McAndrews Road and she needs to walk in the gully. If another
lane is added she cannot walk her dog. She said there are no walking paths to actually do anything
around that area. There is access once you get past Pilot Knob Road to the west. If this is going to
be an active community, there is no way to access this safely for seniors to run across a 55 mph
street. There is no shopping and if people were to exit off Pilot Knob they would be going to Eagan
to go shopping rather than staying in Apple Valley because there is no good access that gets you to
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anything. There are no gas stations and you need to go to 140 Street. She does not think the
access to this location leads to multi-family density that is proposed. She believes that owners of
the townhomes will be leaving for work during the rush hour traffic.
Brian Wareham, 12581 Driftwood Ct, commented he currently sees trees looking out his back
window and now there could be a 4-story apartment building. Most of the trees will be removed to
make this development possible and that is a concern of his. He feels the planned development
could open the flood gates for any design. He feels, if you drive in a one-mile radius of the
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2019
Page 5 of 13
property, a 4-story building does not match the area of single-family homes and a golf course. It is
one of the reasons he moved into the area and he would like to see it remain. He said the golf
course is a great asset and thinks this property will be difficult to develop with this high density
plan. He added that Dakota County has talked about ingress and egress plans and it seems it is not
set in stone or finalized at this point and he is concerned that some of the plans could change. He
cannot find any place about county meetings that took place regarding this property.
John Radmer, 12577 Dover Drive, expressed concern for Dorchester becoming a pass through with
children and people walking dogs. The building would loom over other things at this site and
would be massive. He is not opposed but believes there needs to be some real work done in terms
of proper size and proper traffic.
Paul Jara, 12754 Diamond Path, said there is no commercial property in this area and believes it
should remain single-family and asked how a property such as this became high density. When did
it happen and how did it happen. He believes this is a single-family area and there is no commercial
around it.
Mr. Nordquist said this property has been zoned M-6 (medium density) for several years and
possibly as far back as the 1980s.
Faith Jara, 12754 Diamond Path, lives at the corner of McAndrews and she has safety concerns for
the amount of traffic on McAndrews at the top of the hill by the golf course, Dorchester and Dover
and feels this should have been addressed already with the recent construction in the past year. She
said there is a high level of traffic noise as well and wondered if this has been addressed by the
builders and the construction people.
Kathy Nguyen, 12560 Dorchester Trail, commented she has lived there for 5 years and there are no
sidewalks. Kids play in the street and she has concern for it becoming a thoroughfare. She has
concern for the schools and the tax base. She has a concern for lights that high density could emit
and compared it to a Walmart parking lot.
Matt Holmes, 12575 Driftwood Ct, said this could become a main thoroughfare and kids play in the
street. There have been no comments about the site lines on the hill by the entrance to the golf
course and no grading taken away. There is no shopping in this area and aging in place is
something that should be considered. Walking to shopping areas is not something that is there.
Unless there is a plan to develop Valleywood shortly, they have a temporary access point. He asked
if the public will be informed how long that will be temporary and if they will be given that
information because that will tell them what the plan is for Valleywood.
Greg Haase, 12581 Dover Drive, suggested that the City should adopt this property to enlarge the
golf course and give up a like-size parcel on the east side of Valleywood and that would seem to
solve all these problems and put an Applewood Drive in there and have one loop for all the access
but it would be located farther to the east.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2019
Page 6 of 13
Faith Jara, 12754 Diamond Path, expressed concern for adequate parking in this development and
wondered if 1.6 parking spaces is enough and said at the Eagan location it is not enough.
Rita Ulrich, 405 Oakland Drive, Burnsville, said she previously lived on this property and
appreciates the public concerns and they did raise some good points. She believes this development
would benefit Apple Valley and is going to be a beautiful place to live.
Paul Corrigan, 12602 Durango Place, commented that traffic will be a major issue and asked how
many seniors would be making U-turns on Pilot Knob Road or McAndrew Road. He thinks they
will be driving through the Huntington neighborhood. That is the easiest way to do it and the safest
for them and maybe the worst for public safety. He believes with that density with that sort of
driveway, people will drive through the neighborhood and it will not be what the neighborhood
expects.
Sue Brehm, 12826 Dover Ct, expressed concern for traffic and the 55 mph speed limit. She said
there were great improvements in the past year but there is no right turn onto north Pilot Knob Road
from McAndrews and that it would not be fair to people buying condos there.
Chair Melander commented that it seems like the traffic concern needs to be addressed.
Commissioner Scanlan asked, for the next time, if the building materials and how that would
complement the main structure could be looked at more closely.
Mr. Lovelace said that building materials are not part of the application. The application is only for
the senior co-op.
Commissioner Scanlan asked if the applicant had concerns to working with staff on the building
materials on the question of coming into compliance.
Mr. Hall said no.
Commissioner Scanlan asked about the flat roofline peak if something could be done from an
architectural perspective to give some shift in movement referring to previous large complexes.
Mr. Hall said he could look at that and talk to Pope Architects. The reason they were trying to keep
the roofline flat was to reduce height. There are things that can be done along the gables to create
interest and movement on the building that should help with that.
Commissioner Alwin asked if they could get a lighting plan when this comes back to them.
Chair Melander closed the public hearing at 8:22 p.m.
5. LAND USE/ACTION ITEMS
A. Apple Valley Golf Course Comprehensive Plan Amendments PC19-09-P
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2019
Page 7 of 13
City Planner Tom Lovelace stated Mr. Joel Watrud, the owner of the Apple Valley Golf Course
located at 8661 140th Street West, is requesting the following amendments to the City's
Comprehensive Land Use Map:
1. Re-designate .5 acres from "PR" (Private Recreation) to "LD" (Low Density Residential)
2. Re-designate 22.5 acres from "PR" (Private Recreation) to "MD" (Medium Density
Residential)
This is an amended request from their original, which called for re-designation of 14.5 acres to
"MD" (Medium Density Residential) and 8 acres to "HD" (High Density Residential).
The 23-acre golf course property is located at the northwest corner of 140th Street West and Garden
View Drive. Adjacent uses include single-family residential to the north, single-family, two-family
and multi-family residential to the west and south, and multi-family to the east.
The site directly abuts single-family residential to the north and west, and two community collector
streets to the south and east. Three wetlands are located on the site as well as mature vegetation
established as part of the golf course operation. These features were established as part of the
development of the golf course. Any development on the site would need to adhere to regulations
related to wetland management and tree removal and replacement.
This request was considered by the City Council at their September 26, 2019, meeting. The Council
reviewed the application and the Planning Commission's recommendation for denial of "HD" (High
Density Residential) and "MD" (Medium Density Residential) and voted to direct the Planning
Commission to review an amended request from the petitioner that removes the "HD" designation
from further evaluation and requested that a residential designation be further considered.
Chair Melander confirmed that the Planning Commission took it to a vote the first time based on the
application and the Commission did not find in favor of medium and high density. It then went
onto the City Council and they sent it back to the Planning Commission stating that they are looking
for a different density or they are looking for the Commission to recommend what density they
would like.
Mr. Lovelace said what is before the Commission tonight is a request from the applicant, action
would be taken and make a recommendation on what the applicant is asking. He stated the City
Council asked the Planning Commission to review this and he thinks reviewing it like you would
the Comp Plan and changing designation related to the Comp Plan and come back and provide the
City Council with your recommendation on what this should be designated.
Chair Melander clarified that this is not a zoning request. It is a Comp Plan request.
Mr. Lovelace said correct.
Commissioner Burke commented that they are waiting on the zoning when there is an application
and at that point determine what zone it falls into.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2019
Page 8 of 13
Mr. Lovelace said yes. The applicant has made no application for what zoning it falls into. The
application is for comp plan re-designation only or an amendment.
Commissioner Burke commented, for example, if he was willing to go 8 units/acre, that he really
cannot do that at this particular time and would have to wait until the zoning part of it would come
into play.
City Attorney Sharon Hills clarified that what is before the Planning Commission is solely the comp
guide and the zoning will come down in the future perhaps. Certainly to look at the future guiding
of this property.
Chair Melander commented that the action that will be taken tonight is on this application, and is
taken as a group, not individually. It is to be one action - .5 acre at low density and 22.5 acres at
medium density. He said they will vote on that and asked what is the next step.
Mr. Lovelace said recommend for approval or recommend denial. If you recommend approval of
the request of the applicant, then that would move forward to the City Council as to what you would
want on the property. If you recommend denial of this application, then the Commission should be
prepared to provide reasons for that denial. Then we need to know what your expectations are,
based upon the Commission, are you looking at a different designation for this. If so, we would
have to hold a public hearing because of state statute that it has to be done for that to happen. There
would be a motion from the Commissioners to set the public hearing if you believe that medium
density is not appropriate for this site. If you are looking at lower density for this site, we would
have to set a public hearing to consider that.
Chair Melander stated that the first time we went through this we had medium density and high
density and it was not our job to come up with an alternative. Now a vote tonight, thumbs up or
down, on medium density, mostly medium density. If it does not pass, then another presentation
with another public hearing on some sort of different comp plan arrangement.
Mr. Lovelace said yes and that if it is the desire of the Commission that medium density is
inappropriate and a lower density designation should be considered, then we have to set that public
hearing.
Community Development Director Bruce Nordquist clarified that the City Council has specifically
requested of the Planning Commission that at the end of the day there would be Comp Plan
designation for this property and the discussion has been related to housing. He added that the
Commission can certainly act on something but the work is not done depending on the
consideration of this application or for it to be further considered for a lower density designation. If
that is so, that designation requires a public hearing. We are compelled to follow the process and
statute and the work is not done.
Chair Melander commented that the Comp Plan is something the Commission is responsible for.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2019
Page 9 of 13
Mr. Nordquist said regarding the Comp Plan designation, if you look at this application and this
request very broadly and the request of the City Council, it is to make a determination of what this
Comp Plan designation will be for this 23-acre area in the future.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan recommending
approval of amendments to the City's Comprehensive Plan Land Use Map re-
designating 23 acres of property, located at 8661 140th Street West, in the following
manner:
1. Outlot B, Cobblestones I from "PR" (Private Recreation) to "LD" (Low
Density Residential).
2. Outlots A, C and D, Cobblestones I; and two unplatted parcels totaling 21
acres, from "PR" (Private Recreation) to "MD" (Medium Density).
Commissioner Burke commented that the last time they voted on this, he was in favor of the
medium density designation but not the high density, and he stated an interest in getting to
something 8 units/acre, and obviously, he cannot do that until we get to the zoning ordinance so up
until that time he is in favor of the medium density until we get to the zoning discussion.
Ayes - 1 - Nays - 3. (Alwin, Melander and Scanlan)
Commissioner Scanlan said this has been a long process and they had heard a lot of comments both
from the applicant and the residents that have been very diligent expressing concerns with the
direction of the property and the property has a lot of concerns in terms of the number of units that
can actually be useful land that is available to use of the 22.5 acres. There is just a small portion
that can actually be used. He had concerns with the fact that there is low density surrounding the
property that it should fall within that low density range or we have talked about possibly adding
one or two additional units per acre. He did not feel with the limitations of the property that
medium density is supported as it is currently defined.
Commissioner Alwin echoed what Commissioner Scanlan stated and thinks given the character of
the surrounding neighborhood that medium density designation is just too high. It is not consistent
with the character of the surrounding neighborhood. He thinks that within the low density
designation there remains opportunity for a slightly higher density development such as townhomes
and believes some of the other surrounding properties are still low density designations but not
necessarily a detached single-family home. He thinks there are some development opportunities
within the low density designation that would fit better with the character of the surrounding
neighborhood.
Chair Melander referenced an application earlier in the evening with 12+ units/acre and commented
that is a lot of stuff on one parcel of land. 6-12, if that were 12, that is what they could build and
that is pretty dense. That is in keeping with the neighborhood or probably appropriate for that
parcel. That is his feeling on it.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2019
Page 10 of 13
MOTION: Commissioner Alwin moved, seconded by Commissioner Burke setting the public
hearing for December 4, 2019, at 7:00 p.m. to consider a lower density designation
for 8661 140th Street West. Ayes - 4 - Nays - 0.
B. Aspen Dental Sign Variance PC19-19-V
Planner Kathy Bodmer stated that Chandler Signs, and their local contractor, Sign Crafters, the
applicant on behalf of Aspen Dental, and the property owner, 14750 Cedar, LLC, request
consideration of a variance which would allow the size of the building signs to increase from 40 sq.
ft. to 57 sq. ft. on the newly constructed Apple Valley Crossroads building, 14750 Cedar Ave
(former Ryan Real Estate).
She added staff reviews variance applications based strictly upon the requirements of the state
statutes and the City Code which require the applicant to establish that there are practical difficulties
present in order for a variance to be granted, and that logical alternatives are not available. Staff
therefore recommends that the variance be denied because it does not meet the staffs strict
interpretation of the sign code and the practical difficulty test.
She explained how the square footage of the sign is calculated based on the square footage of the
building unit. In order to grant a variance, the City considers factors to determine whether the
applicant established that there are practical difficulties in complying with the provisions of the City
Code. She reviewed the factors.
She said the petitioner's narrative explains that with the main entry of the building is off of Glazier
Ave and six inch taller letters allow 200 additional feet of reaction time. Taller letters allow faster
recognition and therefore promote traffic safety. The property shape and larger than typical setbacks
warrant a larger sign. Taller letters are also more legible for elderly patients and are more visible
within a motorist's "cone of vision."
Staff does not view the shape of the property or the setbacks to be a factor in the size of the signs
requested. The new Crossroads building will be constructed closer to the Cedar Ave right-of-way
line than the former Ryan building was.
The former building had the same sign requirements as the new building. To some extent, the
applicant and the building owner have the opportunity, with new construction, to modify the size of
the suite space, or the elevation, or both. The applicant has the ability to make modifications to
address issues under new construction. Staff does not believe that the petitioner would be deprived
of any rights enjoyed by others in the district as nearby dental offices must following the same sign
requirements. Staff is concerned that granting the variance would confer a special privilege on this
user.
While the 6" larger letters look more proportional within the elevation area, the 31" tall sign does
not look out of scale with the building or the facade. The sign that is permitted under the Sign Code
is clearly visible and may be installed on three building elevations. Extra reaction time is beneficial,
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2019
Page 11 of 13
but a dental visit is not a drive-by impulse purchase. Staff does not believe that the petitioner has a
unique circumstance that would warrant the granting of the variance.
Mike Lawrence, Sign Crafters, commented they are asking for 17 sq. ft. of additional building
signage. He shared the ascending and descending portions of the sign that are outside of the
measured box. He showed the comparison of 39 sq. ft. vs 57 sq. ft. and said it is more beneficial to
people for a reaction point and that it would be a benefit to new customers and the community. He
said Aspen Dental did not design the building and he believes the request is reasonable.
Commissioner Burke said just because they picked an unusual sign design, Mr. Lawrence is stuck
making a sign for them. It could open a of not being consistent in the business
community.
MOTION: Commissioner Alwin moved, seconded by Commissioner Burke recommending
approval of a variance allowing the size of a building sign to increase from 40 sq. ft.
to 57 sq. ft. on the west, north and east building elevations finding the request does
meet the practical difficulties.
Commissioner Alwin said he can appreciate the benefits of a larger sign and the more pleasing
esthetics of a larger sign in terms of graphical design. He said the applicant chose their own font
design on the sign. As the ordinance is written, gation to find practical
difficulties and he has a hard time getting to that. The Commission is bound by the statutes as to the
practical difficulty and questions if those difficulties exist here.
Chair Melander said he agrees because they have run into the same thing with setting precedence.
Ayes - 0 - Nays - 4. (Failed)
6. OTHER BUSINESS
A. Orchard Place Retail Development Sketch Plan.
City Planner Tom Lovelace stated no official action is needed. The applicant wishes to receive
feedback concerning the proposed project. It is recommended that the Planning Commission not
state specifically whether or not they would approve or deny the request, but rather, identify specific
zoning questions or issues they might have with the proposed project.
He introduced the plan and said HJ Development has submitted a sketch plan for a 7.1-acre site
located at the northwest corner of 157th Street West and Pilot Knob Road (CSAH 31). They are
proposing a commercial/retail development that would include 16,800 sq. ft. of restaurant space
8,400 sq. ft. of retail and a 6,500-sq. ft. car wash.
The 7.1-acre property is currently guided "C" (Commercial) on the City's Comprehensive Plan Land
Use Map and zoned "SG" (Sand and Gravel). Any development on this property will require a
rezoning. Based upon the proposed uses, the appropriate rezoning would be "RB" (Retail Business).
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2019
Page 12 of 13
Retail business districts are areas, which are centrally located to serve the need for general retail
sales.
The applicant has indicated that they would like to rezone the property to "GB" (General Business).
This designation is intended for heavy uses and businesses that would serve other businesses and
industry as well as residents. Car wash operations are a permitted use within this district with
restaurant facilities permitted as a conditional use only when incidental to another use and not a
principal use of the site. Most other uses that one may consider retail in nature are not permitted in
this zoning district.
If this project moves ahead as proposed, the applicant should consider a rezoning to "RB"
(Retail Business) and not "GB". City code describes the "RB" zoning district as areas that are
centrally located to serve the need for general retail sales. Some of the permitted uses within this
district include a wide variety of retail uses, including Class I and III restaurants, and on-sale wine
and/or 3.2% liquor in conjunction with a restaurant. Such uses as carwash operations, Class II
restaurants, and on-sale liquor are permitted conditional uses.
Chris Moe, HJ Development, introduced the concept and said they envision it being a multi-phase
project. The 7.1 acres would be the first phase of that project that would be three separate strip
centers.
Commissioner Alwin said, when the concept comes back, he would be interested to see how the
traffic would flow through this site and understands it is too early to announce who the tenant
prospects would be. Depending on the nature of these tenants that may impact the traffic flow with
restaurants, strip mall tenants and a car wash.
Mr. Moe commented that coming up with this design they came up with a number of different
concepts and different ways and they feel they have enough parking based on the parking
requirements for restaurants. There would be a reciprocal agreement for cross parking throughout
the lots and also access throughout the lots from both pedestrian and vehicular standpoints. They
own and manage a number of developments in the Twin Cities area and own about 30 shopping
centers. A lot of what they do is very similar to this. They do have similar developments that they
would be happy to share site plans to prove that this type of layout does work and function. It is
also important to look at the time of day that these uses are generating traffic too. Obviously a
steakhouse will not have a lot of people in the morning but the car wash might as people look to get
their car washed before they go to work. He is happy to have a deeper discussion on that as they get
to know who the tenants are.
Commissioner Scanlan commented that this is kind of doing it in reverse order than what they were
used of where there would be the main anchor retailer that comes in first and establishes everything.
He had a concern for this being the anchor or start of this development in this commercial area is
that the establishment of the design standards, materials, architecture and landscaping with this
starting off how this will get reflected back with the rest of development issue going forward.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 6, 2019
Page 13 of 13
Commissioner Burke said he typically does not think of a car wash being inside a development near
restaurants. He asked if it was a single -lane car wash.
Mr. Moe replied it is a single -lane express wash and a recognizable national chain.
Chair Melander commented this is consistent with Apple Valley wishes for the parcel. He looks
forward to looking at more detailed plans.
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, December 4, 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 Alwin moved, seconded by Commissioner Scanlan to adjourn the
meeting at 9:26 p.m. Ayes - 4 - Nays - 0.
Respectfully Submitted,
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