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HomeMy WebLinkAbout02/05/2020 Minutes CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES FEBRUARY 5, 2020 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Commissioner Schindler at 7:00 p.m. Members Present: Ken Alwin, Keith Diekmann, Jodi Kurtz and David Schindler. Members Absent: Tim Burke, Tom Melander and Paul Scanlan. Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Planner/ Economic Development Specialist Alex Sharpe and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Commissioner Schindler asked if there were any changes to the agenda. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, approving the agenda. Ayes - 4 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, approving the minutes of the meeting of December 18, 2019. Ayes - 4 - Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin approving the 2019 Planning Commission Annual Report. Ayes - 4 - Nays 0. 4. PUBLIC HEARINGS A. Orchard Place PC19-22-ZS Commissioner Schindler opened the public hearing at 7:01 p.m. City Planner Tom Lovelace stated for consideration is a request from HJ Development, LLP and Rockport, LLC for approval of a rezoning of a 45-acre parcel from "SG" (Sand and Gravel) to "RB" (Retail Business) and the subdivision of the parcel into three (3) lots and three (3) outlots. Included in the subdivision will be the dedication approximately 1,500 lineal feet of road right-of-way (r-o- w) for future 155th Street West, 1,400 lineal feet of r-o-w for Pilot Knob Road and 500 lineal feet of r-o-w for the north half of 157th Street West. The site is located at the northwest corner of 157th Street West and Pilot Knob Road. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 5, 2020 Page 2 of 5 The site is part of the Fischer Sand and Aggregate mining operation, which has a conditional use permit (C.U.P.) that allows for the extraction and processing of aggregate materials from the site. The owner will need to remove the property from the C.U.P. The subject property, with exception of the ponding area, is currently guided "C" (Commercial) on the 2040 Comprehensive Plan Land Use Map. Commercial areas include a wide variety of retail, office and service uses that vary in intensity and off-site impacts. The City uses the zoning ordinance to regulate the intensity and characteristics of development. Lower-intensity districts include "LB"(Limited Business) and "NCC" (Neighborhood Convenience Center). Higher-intensity districts include "GB" (General Business) and "RB" (Retail Business). In each district land use and performance standards such as parking, building setbacks, storm water infiltration, access and lot coverage set the parameters for development. The ponding area has an open space/water designation. The proposing ponding area is consistent with the designation. The subject property is currently zoned "SG" (Sand and Gravel), which allows for the excavation, extraction, hauling, mining, stockpiling or processing of sand and gravel deposits; and buildings and equipment, including concrete and asphalt plants as conditional uses. He reviewed requirements for new shopping centers in an "RB" zoning district and said the Cub shopping area, Time Square and Apple Valley Square are examples of shopping centers that are zoned "RB". Other applicable zoning districts for a development such as this would be the "SC" (Regional Shopping Center) and "PD" (Planned Development) districts. Section 155.170 of the zoning ordinance describes the "SC" district as "an area designed to serve the monthly shopping needs of a population from a geographical area which extends beyond the corporate limits of the city". There is currently no land in the city that is zoned "SC". Many of the larger commercial/retail areas in the city are zoned "PD" (Planned Development). These include Fischer Marketplace, Hillcrest Acres, Cobblestone Lake, and Southport Centre. A planned development is defined as an urban development 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. This type of zoning for the site had been discussed and the interest is not there for the creation of such a district. Peter Fischer, Rockport, LLC and landowner, commented that HJ Development made application to rezone 7 acres and at this time there are no plans to rezone more than the 7 acres. He commented ththth on the traffic signals on 155 Street and 157 Street and if there are warrants for a light at 155 th Street he feels then the City should include that in the plans for 155 Street. He feels with only 7 acres there he does not think there is justification to put a signal light there yet. It may when everything gets built up but probably not to start with. Commissioner Schindler asked Mr. Fischer if it was an issue for him if Dakota County would not allow a right-in off Pilot Knob Road. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 5, 2020 Page 3 of 5 Mr. Fischer answered no and that it was a county thing. The land is only 7 acres and that he cannot violate county policy. Commissioner Schindler closed the public hearing at 7:22 p.m. B. Ordinance Amendments Related to Special Events, Temporary Signage, and Mobile Food Units Commissioner Schindler opened the public hearing at 7:23 p.m. Planner/ Economic Development Specialist Alex Sharpe provided a brief history and stated that in May and September 2018 the City Council provided staff direction on a draft ordinance for Special Events, Outdoor Commercial Promotions, Temporary Signage, and Mobile Food Units. Utilizing the draft code as a guide, staff issued four event permits in 2019, which resulted in staff learning several best practices, and potential alterations to the draft code. In May 2018, City Council reviewed and approved the Park Event policy and procedure application which manages events in City parks. These two processes have occurred on a parallel track, the proposed ordinance changes relate to events which are not contained within a park such as those in the right-of-way, on private business property, or at religious institutions and school events. They would not apply to events which normally occur on these properties such as outdoor religious services or pep rallies, but would apply to an outdoor concert with amplified music or a marathon/5k. The draft ordinance only applies to private events, and would not alter the process for community sponsored events. Apple Valley has several community events, often done in conjunction with sponsoring organizations such as the Chamber of Commerce, Apple Valley Freedom Days Committee, and the Apple Valley Arts Foundation, that may or may not be conducted fully within a park. Freedom Days, Oktoberfest, the Home and Garden Expo, Music in Kelley Park, and the Farmer's Market are examples of events the Council would continue to review separately. Several current ordinance sections will require minor amendments to be consistent with the draft ordinance. The Planning Commission will not provide direction on several of these ordinances as they are not within Chapter 155, Zoning. Draft sections of these amendments are included as supplemental material to understand the full scope of the ordinance amendments. The primary goal of this ordinance is to create a new classification of events because the current code does not address the scope of the emerging larger spectrum of events. Past experience by staff recognizes that simple neighborhood events such as sidewalk sales, promotional sales, grilled hot dog/burger fundraisers have evolved. These events are still popular, but are expanding into events with a larger scope that the code currently does not recognize. To coincide with the draft changes to the promotions and events sections of the code, several other chapters needed to be updated. These include temporary signs, right of way regulations, transient merchant, and vending cart regulations. One of the primary requests from the business community CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 5, 2020 Page 4 of 5 has been to allow for temporary signage to not be tied to an event, and to increase the total number of days a temporary sign is permitted. Storage of commercial vehicles and their location on the business location is addressed in this ordinance. The draft allows the storage of up to 3 passenger vehicles, and one non-passenger vehicle on a commercial site. This allows for businesses like Geek Squad, Fan Man, catering vehicles used by restaurants, and other businesses to store their vehicles on their site, where current code does not permit this. The location of the storage shall be determined in review with staff to prevent the vehicles from being parked in unsafe locations or with the intent to have the vehicles become a "temporary" sign. Commissioner Alwin asked if the scouts or school groups selling brats and hotdogs in front of Von if the food trucks at the high school before football games would still be allowed. Mr. Sharpe said the scouts selling at Von Hans high school would not be part of this. It is intended for when the school is closed and then having a food truck festival in their parking lot. Commissioner Alwin asked if a food truck in a driveway for a graduation party falls under this. Mr. Sharpe said it is not applicable. Commissioner Schindler said it is a good step to take and likes there is a provision with the added 12 times and still have the 4 times for their own retail outlet. Commissioner Kurtz asked for clarification about the 300 to 2000 people. Mr. Sharpe said that is for when it needs to go to City Council rather than just staff administrative approval. Once a group of people would be over 300 attendees, that it is large enough that we would want to go to the City Council for approval. Commissioner Kurtz asked how people would know they need a permit. Mr. Sharpe answered that most people call ahead of time to inquire if a permit is needed. City Attorney Sharon Hills clarified that food trucks are not allowed to roam around in the City but are allowed at a private event. Once the event is open to the public, a food truck in not permitted because it is no longer a private event. The City Council does not want food trucks to set up shop anywhere in the City to compete with store front restaurants. Commissioner Schindler closed the public hearing at 7:46 p.m. 5. LAND USE/ACTION ITEMS - NONE - CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes February 5, 2020 Page 5 of 5 6. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next regular Planning Commission meeting would take place Wednesday, February 19, 2020, at 7:00 p.m. 7. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Commissioner Schindler asked for a motion to adjourn. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann to adjourn the meeting at 7:47 p.m. Ayes - 4 - Nays - 0. Respectfully Submitted, Joanurphy, Planning Depactm nt stunt Ap a ed y the pple Valley Plaiinii' Commission on % 9 go C7 Tim Bur -,"lice-Chair