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HomeMy WebLinkAbout3/25/2020 Minutes CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MARCH 25, 2020 1. CALL TO ORDER The City of Apple Valley Special Planning Commission meeting was called to order by Chair Me- lander at 7:00 p.m. Members Present: Chair Tom Melander*, Tim Burke*, Jodi Kurtz*, Paul Scanlan*, David Schindler*, Ken Alwin*, and Keith Diekmann*. Members Absent: City staff members attending virtual meeting: City Attorney Sharon Hills, Community Develop- ment Director Bruce Nordquist, City Planner Tom Lovelace, and City Engineer Brandon Anderson. * Present via remote technology 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. MOTION: Commissioner Schindler moved, seconded by Commissioner Kurtz, approving the agenda. Rollcall vote: Ayes - 6 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, approving the minutes of the meeting of March 4, 2020. Rollcall vote: Ayes - 5 - Nays 0. Ab- stained 1 (Alwin) 4. PUBLIC HEARINGS - NONE Commissioner Diekmann joined meeting via remote technology at 7:15 p.m. 5. LAND USE/ACTION ITEMS A. Orchard Place PC19-22-ZS City Planner Tom Lovelace is recommending the following actions: 1. Recommend approval of the rezoning of Lots 1-4, and Outlots B and C, Orchard Place, accord- subject to the removal of the property from the Fischer Property Mining Conditional Use Permit CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 25, 2020 Page 2 of 5 2. Recommend approval of the Orchard Place preliminary plat; subject to conditions outlined in the staff report \[as presented in Agenda\]. SUMMARY: For consideration is a request from HJ Development, LLP and Rockport, LLC for approval of a re- zoning of a 35-acre parcel from "SG" (Sand and Gravel) to "RB" (Retail Business) and the subdivi- sion of 45 acres into four (4) lots and three (3) outlots. The proposed preliminary plat has been re- vised to include an additional lot, which has been carved out of Outlot B. The site is located at the northwest corner of 157th Street West and Pilot Knob Road. BACKGROUND: Comprehensive Plan: The subject property is currently guided "C" (Commercial) on the approved 2030 and proposed 2040 Comprehensive Plan Land Use Maps. The 2030 Comprehensive Plan shows the subject property in the South Central Planning Area (SCPA). This area is to be considered an expansion area, which is located in the northeast corner of 157th Street West and Pilot Knob Road. Mr. Lovelace reiterated that the proposal is consistent with the 2030 Comp Plan Goals that was ini- th tially introduced at the February 5 Public Hearing. \[Public Hearing Comments: A public hearing on this proposal was held on February 5, 2020. The hearing was opened, no comments were re- ceived and the hearing was closed.\] The subject property, with exception of the ponding area, is currently guided "C" (Commercial) on the 2040 Comprehensive Plan Land Use Map. In each district land use and performance standards such as parking, building setbacks, storm water infiltration, access, and lot coverage set the parame- ters for development. The ponding area has an open space/water designation. The proposing ponding area is consistent with the designation. Included in Orchard Place Concept Plan, 400 acres of Fischer Sand and Aggregate mining operation located at the south side of County Rd 42, west of Pilot Knob Road, east of Flagstaff Ave shows what likely development will occur at location of project and ponding area Zoning: The subject property is currently zoned "SG" (Sand and Gravel) mining. The applicant has indicated that they would like to rezone the property to "RB" (Retail Business). Rezone 34 of 45 acres; excludes ponding area Outlot A. \[Section 155.155 of the\] zoning ordinance describes the "RB" zoning district as "areas that are centrally located to serve the need for general retail sales." Initial construction in new shopping centers in the "RB" zoning district shall include a minimum of 20,000 sq. ft. of floor area (described in Section 155.155). An overall concept plan shall be submit- ted and approved by the city, which shall include the following: CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 25, 2020 Page 3 of 5 The architectural style of all the structures Parking Driveways Landscaping and screening Adequate spaces for future community facilities (when the facilities are to be part of the center) sketch plan for review by the Planning Commission showed four (4) retail buildings and one (1) car wash operation. The Phase I property summary shows restaurant and retail area, as well as additional square footage of space and a future development pad. Preliminary Plat: The applicant originally proposed to subdivide 45 acres of property into three (3) lots and three (3) outlots. They have revised their plat to include an additional lot, which has been carved out of Outlot B. The four (4) lots, which are located in the southeast corner of the 45-acre parcel will be used for commercial/retail development. Public street right-of-way will be dedicated for a section of 155th Street West, the west 115 feet of Pilot Knob Road, and a portion north of 157th Street West. Lots 1, 2 and 4 will be next to a public street, but will not have any direct access to those public streets. Lot 3 will have no public street frontage. A lot such as this is described as a landlocked par- cel, which is defined as a lot or parcel without direct access to a public street. As a general rule landlocked parcels that are served by private easements will not be permitted. The City may permit landlocked parcels in a commercial complex provided they have access to a public street by an easement over another parcel within the same complex. Access to the property contained in the preliminary plat will be via an internal private roadway sys- tem. These roadways are located over and across Lots 1, 2, 3, and 4, and Outlots B and C. There- fore, cross access easements will be required for all the lots and Outlots and B and C. Two access driveways currently exist along the north side of 157th Street West and are identified on the site plan. The most westerly access is a full access and the easterly driveway, \[located across from English Avenue\] will allow right-in only access to the site. An easement, which will restrict direct driveway/private street access restricts any additional access from 157th Street West. The site plan shows three (3) access driveways along the south side of 155th Street West, which will be extended approximately west from Pilot Knob Road and will have a temporary cul-de-sac. Two (2) are proposed as full access intersections while a third access is proposed as a right-in/right- out only. The property next to 155th Street West will be platted as outlots and will be reserved for future development. An access restriction easement should be established that will limit access from the plat area to 155th Street West except at the location of a private street access located along ei- ther side of the common lot line of Outlots B and C. This easement can be amended when the out- lots are replatted for future development. A temporary easement shall be dedicated over and across CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 25, 2020 Page 4 of 5 the cul-de-sac outside of the 155th Street West right-of-way. This easement will remain in place un- til the public street is extended further west. Finally, the original plans showed a proposed right-in only access from Pilot Knob Road, which is a county road. The Dakota County Plat Commission has reviewed this proposal and stated that they would not allow the proposed access. The applicant has removed that access from their revised plans. The County will restrict any access from Pilot Knob Road to the property within the plat. Outlot A will be used for storm water ponding purposes, while Outlots B and C will be reserved for future commercial/retail development. A drainage and utility easement will be dedicated over all of the Outlot A. The original plat showed drainage and utility easement along the common boundary line of Lots 1 and 2 and Outlots B and C. This easement area will be the location of utilities that will serve the plat. Dakota County Review: Because the proposed subdivision is located adjacent to a County road, it is subject to review by the Dakota County Plat Commission. Grading Plan: Minor changes to be addressed Developer to continue to work with City engineer and consultant. th The Pond Landscape plan shows a pathway that will connect to the existing tunnel under 157 Street West in the southwest corner of the proposed development and extend north through Outlot A to the south side of 155th Street West. This trail section will be part of the North Creek Greenway. There have been no comments from the City Engineer or Natural Resources Coordinator concerning the plan. Petitioners attending virtual meeting: Will Matzek, Kimley-Horn; Chris Moe, HJ Development LLP; Liza Robson, Rockport LLC th Mr. Matzek wished to add to the record regarding the traffic signal on 157 Street: A study of the a vested interest in a smooth traffic flow of the street network, there are no foreseen problem\[s\]. If MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan recommending approval of the rezoning of Lots 1 thru 4, and Outlots B and C, Orchard Place, ac- cording to the proposed preliminary plat; from "SG" (Sand and Gravel) to "RB" (Re- tail Business); subject to the removal of the property from the Fischer Property Min- ing Conditional Use Permit. Ayes - 7 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes March 25, 2020 Page 5 of 5 MOTION: Commissioner Burke moved, seconded by Commissioner Schindler recommending approval of the Orchard Place preliminary plat; subject to the 16 conditions outlined in the staff report. Ayes - 7 - Nays - 0. 6. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next regular Planning Commis- sion meeting was scheduled to take place Wednesday, April 1, 2020, at 7:00 p.m. 8. 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 Diekman to adjourn the meeting at 7:26 p.m. Rollcall vote: Ayes - 7 - Nays - 0. Respectfully Submitted, Mari Salamanca, Planning Department Assistant Approved by the Apple Valley Planning Commission on 5/20/2020 . Tom Melander, Chair