HomeMy WebLinkAbout5/20/2020••e
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Ge Meeting Location: Municipal Center
Apple 7100 147th Street West
Valley Apple Valley, Minnesota 55124
May 20, 2020
PLANNING COMMISSION TENTATIVE AGENDA
7:00 PM
1. Call to Order
2. Approve Agenda
3. Approve Consent Agenda Items
Consent Agenda Items are considered routine and will be enacted with a
single motion, without discussion, unless a commissioner or citizen requests
to have any item separately considered. It will then be moved to the land
use/action items for consideration.
A. Approve Minutes of March 25, 2020, Special Meeting
4. Public Hearings
5. Land Use / Action Items
A. Heritage Lutheran Sign Variance - PC20-04-V
1. Consideration of a Variance Reducing the Setback from 13' to 10' (3'
Variance) for a Ground Sign
Location: 13401 Johnny Cake Ridge Road
Petitioner: Heritage Lutheran Church
6. Other Business
A. Meeting procedures and access information due to Pandemic Emergency
Orders are posted on the City's website.
B. Review of Upcoming Schedule and Other Updates
Next Planning Commission Meeting - Wednesday, June 3, 2020 - 7:00
p.m.
Next City Council Meeting - Thursday, June 11, 2020 - 7:00 p.m.
7. Adjourn
Regular meetings are broadcast, live, on Charter Communications Cable Channel
180 and on the City's website at www cityofapplevalley. org
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Apple PLANNING COMMISSION MEETING DATE: May 20, 2020
Valley SECTION: Consent Agenda
Description:
Approve Minutes of March 25, 2020, Special Meeting
Staff Contact: Department / Division:
Mari Salamanca, Department Assistant Community Development Department
ACTION REQUESTED:
Approve minutes of special meeting of March 25, 2020.
SUMMARY:
The minutes of the last Planning Commission meeting are attached for your review and
approval.
BACKGROUND:
State statute requires the creation and preservation of meeting minutes which document the
official actions and proceedings of public governing bodies.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Minutes
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
MARCH 25, 2020
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: 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-
ing to the proposed preliminary plat; from "SG" (Sand and Gravel) to "RB" (Retail Business);
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-
tially introduced at the February 5t" 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)
Applicant's 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.
The Pond Landscape plan shows a pathway that will connect to the existing tunnel under 157`h
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
Mr. Matzek wished to add to the record regarding the traffic signal on 157th Street: A study of the
intersection does not seem to warrant a traffic signal at this time. Although the "developmentee" has
a vested interest in a smooth traffic flow of the street network, there are no foreseen problem[s]. If
the City should warrant a traffic signal in the future, the petitioners "are certainly open to a signal at
that location."
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 Dickman to adjourn the
meeting at 7:26 p.m. Rollcall vote: Ayes - 7 - Nays - 0.
Respectfully Subm'tted,
Mari alamanca, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on 5/20/2020
Tom Melander, Chair
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Apple PLANNING COMMISSION MEETING DATE
Valley SECTION:
Description:
Heritage Lutheran Sign Variance - PC20-04-V
5.A.
May 20, 2020
Land Use /Action Items
Staff Contact: Department / Division:
Alex Sharpe, Planner and Economic Dev. Spec. Community Development Department
Applicant: Project Number:
Heritage Lutheran Church PC20-04-V
Applicant Date: 4/21/2020 60 Days: 6/20/2020 120 Days: 8/19/2020
ACTION REQUESTED:
If the Planning Commission concurs, staff is recommending approval of a 3' setback variance for a ground sign at
Heritage Lutheran Church subject to the following conditions:
1. The variance shall be applicable to the property legally identified as Lot 1, Block 1,
Heritage Lutheran Church.
2. If the sign permit fee is not paid for or not issued within one (1) year of the date of
approval, the variance approval shall lapse.
3. Prior to issuance of the sign permit, the petitioner shall record the variance with Dakota
County and provide evidence to the City.
4. A private utility locate shall be performed prior to any work commencing on the site.
5. Installation shall be generally consistent with the sign plan dated 4-17-20.
SUMMARY:
Heritage Lutheran Church has applied for sign setback variance for a new ground sign. City
Code requires ground signs to be setback 13' from the property line, the applicant is seeking
a 3' variance to allow the sign to be placed 10' from the property line.
Heritage Lutheran Church has an existing ground sign that they are seeking to update to
include an electronic message. An encroachment between the City and Heritage Lutheran has
allowed the existing ground sign to exist within a drainage and utility easement. A condition
of this agreement stated that if the existing sign is updated the sign must be removed from the
easement, and come into compliance with all City requirements.
The applicant, Heritage Lutheran Church, has sought to place the sign in a location which
would not require a variance. However, several site characteristics limit the location and
visibility. The applicant's proposed location is outside of the drainage and utility easement,
but would require a 3' setback variance.
The site is limited by a large stormwater pond and grade changes that limit the location of a
sign. Additionally, there is an existing light pole for the parking lot that would be required to
be relocated for the sign to meet the required setback. Relocation of the light pole and
placing the sign in the code compliant location would also require the removal of trees and
other vegetation surrounding the stormwater pond. The visibility of this location would be
limited from north -bound traffic, the predominate path of visitors.
Normally, with a variance the "practical difficulties" measure is used. However, in the case
of a sign variance the City Code lays out different standards which are below:
(1) All of the following requirements must be met:
(a) Special conditions exist which are peculiar to the land, structure, building involved
and which are not applicable to other lands, structures, or buildings in the same district;
(b) The special conditions and circumstances do not result from the actions of the
applicant;
(c) A literal interpretation of the provisions of these regulations would deprive the
applicant of rights commonly enjoyed by other properties in the same district and the
terms of these sign regulations;
(d) That granting the variance requested would not confer on the applicant any special
privilege for a use not common to other lands, structures or buildings in the same
district; and
(e) The proposed use of the property shall have an appearance that will not have an
adverse effect upon adjacent properties and there will be no deterrence to development
of vacant land.
(2) Any proposed signage beyond the maximum square footage permitted would have the
primary function of providing a public service.
Staff is recommending approval of the variances based on the following.
(a) Special conditions exist on the property; the site is limited due to grade changes and
a large stormwater pond that affects grades on the site, preventing locations that would
not require a variance from being visible.
(b) These conditions are not caused by the applicant. The applicant has an existing sign
within the easement, but replacement of this sign is inevitable. By moving the sign
outside of the easement a new sign is an improvement on existing conditions.
(c) A literal interpretation would limit the applicant due to the grades and vegetation on
the site. There are several religious institutions adjacent to Johnny Cake Ridge Road,
many of their signs meet the required setbacks, but are not on sites that are constricted
by a stormwater pond, grade changes, and an oddly shaped site.
(d) Granting of this variance would not confer any special privilege not common to
other properties. The church already has a sign that has not met setback requirements.
By moving the sign outside of the easement and to a location which requires a 3'
setback variance the church is reducing any potential advantage it had in the past.
(e) The proposed sign will not have an adverse appearance and will be required to meet
all digital sign requirements.
BACKGROUND:
Staff has reviewed sign placement for other religious institutions adjacent to Johnny Cake
Ridge Road. South Suburban Evangelical Free Church's sign is setback 15' and Shepard of
the Valley Lutheran Church's sign is setback 13'. The existing sign at Heritage Lutheran
Church is setback 6' and has been in place since the church was constructed.
Heritage Lutheran Church's site is unique in both lot shape, and the grades on the site. The
other institutions along this corridor have relatively flat sites and large areas adjacent to their
driveway entrances. Heritage Lutheran Church's site has limited space near street entrances,
where the signs are most needed.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Area Map
Applicant Letter
Survey
Plan Set
A
.1
April 21, 2020
City of Apple Valley
Planning Department
7100 147th Street W
Apple Valley, MN 55124
Sign Permit Variance Application
Heritage Lutheran Church and School is seeking a Sign Code Variance:
0 Reduce the Property Line Setback Requirement from 13' to 10'
• Our sign would be placed completely outside the Drainage & Utility Easement
A portion of our current monument sign sits inside the Drainage & Utility Easement. We are replacing
the monument sign which requires us to move the sign to comply with a 13' setback from the property
line. The 13' setback requirement creates a hardship in finding a location for our sign that is visible to
automobile traffic on Johnny Cake Ridge Road.
Option (A) is to move the sign closer to the parking lot. This location places the sign very close to a light
pole. The light pole inhibits viewing of the sign for southbound traffic. The church was required to place
the light pole in its current location. The church is unable to relocate the light pole.
Option (B) is to move to a location at the northern end of the property. The problem with this location
is that it is in a significantly lower grade level. The sign is too low to be easily visible and read by street
traffic.
Option (C) is in its current location but move westward far enough to be outside the Drainage & Utility
Easement. This location would be setback 10' from the property line, but completely outside the
Easement.
Our Variance Application is to reduce the 13' Property Line Setback requirement to 10' (3' reduction).
Thank you for your consideration of our request.
Sincerely.
Pastor Karl Anderson
Heritage Lutheran Church
13401 Johnny Cake Ridge Road
Apple Valley, MN 55124
EASEMENT EXHIBIT FOR:
HERITAGE LUTHERAN CHURCH
13401 JOHNNY CAKE RIDGE ROAD, CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA
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CERTIFICATION:
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:::•
Apple PLANNING COMMISSION MEETING DATE: May20, 2020
Valley SECTION: Other Business
Description:
Meeting procedures and access information due to Pandemic Emergency Orders are posted on
:he City's website.
Staff Contact: Department / Division:
Mari Salamanca, Planning Department Assistant Community Development Department
ACTION REQUESTED:
N/A
SUMMARY:
In order to adhere to the Governor's #StayHomeMN Order, live on-line/video meeting
procedures and access information are posted on the City's website.
BACKGROUND:
N/A
BUDGET IMPACT:
0*0
00*0
0000
00000 ITEM: 6.B.
000
Apple PLANNING COMMISSION MEETING DATE: May 20, 2020
Valley SECTION: Other Business
Description:
Review of Upcoming Schedule and Other Updates
Staff Contact: Department / Division:
Mari Salamanca, Planning Department Assistant Community Development Department
ACTION REQUESTED:
N/A
SUMMARY:
Next Planning Commission Meetings:
Wednesday, June 3, 2020 - 7:00 p.m
• Public hearing applications due by 9:00 a.m. on Wednesday, May 6, 2020
• Site plan, variance applications due by 9:00 a.m on Wednesday, May 20, 2020
Wednesday, June 17, 2020 - 7:00 p.m
• Public hearing applications due by 9:00 a.m. on Wednesday, May 20, 2020
• Site plan, variance applications due by 9:00 a.m on Wednesday, June 3, 2020
Next City Council Meetings:
Thursday, May 28, 2020 - 7:00 p.m
Thursday, June 11, 2020 - 7:00 p.m
BACKGROUND:
N/A
BUDGET IMPACT:
N/A