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HomeMy WebLinkAbout12-2-20 MinutesCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES December 2, 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*, Keith Diekmann *, Jodi Kurtz, and Paul Scanlan, Member(s) Absent: David Schindler City staff members attending: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Planner Kathy Bodmer*, Planner/Meeting Organizer Alex Sharpe*. * Present via remote technology 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. CD Director Nordquist said yes to changes. Take the "Land Use / Action Items" that is #5 and make it #4A. Public hearings would be 5A, B, C and D. Chair Melander asked for approval of amended agenda. MOTION: Commissioner Burke moved, seconded by Commissioner Kurtz, approving the revised agenda. Rollcall vote: Ayes - 5 — Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Scanlan moved, seconded by Commissioner Kurtz, approving the Consent Items of the agenda (minutes of the meetings of October 7, 2020, and November 4, 2020; The Cove — Public Hearing Rescheduling). Rollcall vote: Ayes - 5 — Nays — 0. 4. LAND USE/ACTION ITEMS A. Low Density Zoning Ordinance Amendments — Consider Amendments to Chapter 155 to Add the "LDF" (Low Density Flex) Residential Zoning District City Planner Tom Lovelace presented staff report. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 2, 2020 Page 2 of 9 Chair Melander asks if there are any questions from the commissioners. Commissioner Burke — I like the thinking on this. I think the forward to cost of would be to look out for change, the ebb and flow with society and the needs and goals of our city. I'm in favor of this particular amendment. Commissioner Diekmann — With the instances that Tom has shown us, what is the current zoning? Planner Lovelace Midtown Village, Cedarwick, and Cedar Point are all part of planned developments. From the aerial views in Cedar Point, you see the opportunities shown in the green area with double loaded townhomes adjacent to single-family homes to the north creating that urban look (10 units per acre). Cedarwick has the density along the roadway with the townhomes but there is a large outlot in the middle where you can see the trees changing. With other densities for LDF, we will take a look at addressing lot coverage and other issues related to the lot requirements. Although not a public hearing, Chair Melander, allowed questions from the audience. Linda Harty, 8581 136th Ct — The example for Cedarwick is low density? Planner Lovelace I believe it is a planned development. I'm not sure if it is low or medium density -have to check. We have created an ordinance that is consistent with anew designation that we created within the Comp Plan. The LDF ordinance would be consistent with the low density Comp Plan designation. Linda Harty, 8581 136th Ct — We have concern about the 12-unit building. The Cedarwick did not have that. How could a 12-unit building fit in an 8 unit maximum for LDF? Planner Lovelace It is 8 units per acre but allows the ability for a 12-unit building as long as you do not exceed a total density of 8 units per acre. Now that also includes any existing that are directly adjacent to any single- or two-family residential would also have to be single- or two-family. Chair Melander — Again, this LDF does not replace low density but is another designation. Planner Lovelace That is correct. Jim Schiffman, 8680 135th St. W — My concern is in the future there will be a road put behind my home and then on the other side will fill up the density across that road. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 2, 2020 Page 3 of 9 CD Director Nordquist Chair Melander, in the absence of a plan, we are not planning roads, we are planning the broad enabling zoning ordinance that will assist us in advancing proposals in the future. Chair Melander — This is just zoning. Jim Schiffman, 8680 135th St. W If this goes through, developers can do anything that is in the LDF zoning, correct? The no higher than 8-units per acre but then if this happens then the 12-unit portion of this ordinance could happen and this is very misleading especially to someone who is not in the planning, development or the building. It sounds suspicious. CD Director Nordquist We have limited examples in Apple Valley and Tom tried to come up with various examples of Planned Developments to show. When there is an application, all of these comments can continue to be addressed as it comes to the layout of that proposal. It would be appropriate to challenge at that time. Commissioner Scanlon — An observation with your examples Tom, it shows the landscaping on these parcels/properties, as part of any build that is being considered 2 1/z percent of cost needs to go back into landscaping. Planner Lovelace There is a correction we need to make on page 3 of the code. Under A2, I neglected to put NOT: "So long as the designations do NOT exceed 8-units per acre. " In your recommendation, if you decide to move this forward make sure that that is noted. Chair Melander — Even though this seems to be centering around one particular property, this is something that we would be adding as a City for other properties down the road. This is just the one property that spurred the LDF designation. This property is about 23 acres with approximately 10 acres not being useable. Correct? Planner Lovelace There is a substantial amount of land. The 23 acres includes existing right-of-way, half right-of-way of 140th and Garden View and the pipeline and existing wetlands. Bradley Blackett, 457 Reflection Rd — The question I have has some to do with these larger structures being built on slopes from 20%, 35%, 28% and 6.97%. This is what I measured over the topographical map of the area of this particular property. So, what other building restrictions are on building single-family dwellings to these larger building structures or retaining walls? This is not a relative flat structure, the slope of Garden View Dr into this site is one of those slopes I was talking about. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 2, 2020 Page 4 of 9 Planner Lovelace When subdividing or planning a development to any site, there are a lot of things taken into consideration: slopes, ability to build retaining walls, etc. These would all be reviewed at the time of any development project for any piece ofproperty in the City of Apple Valley and all of those would be addressed. Bradley Blackett, 457 Reflection Rd — What guarantees the residents that no single- family home won't have a multi -building or townhome built right up against their property? Planner Lovelace This is a new zoning district that is being established with the parameters set forth being consistent with the Comprehensive Plan. The LDF residential zoning district states that existing uses directly adjacent abutting the property would be compatible uses to those adjacent uses. Chair Melander — This a zoning district not a specific plan for developing a property or other properties as they come down the line. Commissioner Burke -- Even if this would pass, a developer could come in with a planned development, correct? Planner Lovelace Yes that is correct. MOTION: Commissioner Scanlan moved, seconded by Commissioner Kurtz, approving the ordinance amendments to the City Zoning Chapter to add, LDF, low density flex residential zoning district. Roll call vote: Ayes - 5 — Nays —0. 5. PUBLIC HEARINGS A. Mr. Car Wash — Consider a Conditional Use Permit and Site Plan/Building Permit Authorization to Allow for Construction of a 6,500-Sq. Ft. Car Wash Facility on a 1.25-Acre Lot City Planner Tom Lovelace presented the staff report. Chair Melander asks if there are any questions from the commissioners. None at this time. Planner Lovelace I'd like to enter into record an email from Vincent Schultz, who is the franchise owner of Prime Rose School of Apple Valley, which is east of this site on 155th St. Mr. Schultz did not feel, on such prime real estate, that a car wash was the best use of the land. He also had two questions that were unrelated to this matter: 1) whatever happened to Byerly's/Lund's proposal, and 2) plans on a medical campus on Pilot Knob and 42? Planner Lovelace We will have answers to where the status of those two projects? CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 2, 2020 Page 5 of 9 Chair Melander asks if there are any questions from the commissioners. Chair Melander asks if there are any questions from the public — None. Chair Melander closed the public hearing. B. Starbucks CUP/Orchard Place Commercial — Consider a Conditional Use Permit to Allow for Drive -Through Window Service in Conjunction with a Class III Restaurant and Site Plan/Building Permit Authorization for 7,400- Sq. Ft. and a 8,200-Sq. Ft. Building on a 3.21-Acre Lot City Planner Tom Lovelace presented the staff report. Chair Melander asks if there are any questions from the commissioners. Commissioner Scanlon — Where are the trash enclosures? Planner Lovelace The trash enclosures are not that close to the building. You can see the little box to the windows. Those are the trash enclosures for the three buildings. They are put in areas that provides easy access for trash haulers without interrupting any service to the businesses. The one for the building on the northeast seems to be a good jog away from the building. There is a sidewalk to gain access to that. The two are pretty close for the two buildings we are looking at tonight. The enclosures would have to be similar to the exterior of the buildings. Commissioner Scanlon — With the exterior finishes and trying to keep a balance with the design on all four faces of the structure, it seems like the back is continuous and doesn't have the same effect as the front has with the windows. Is there something that can be done a little different to add to that — especially for this area? Planner Lovelace As we take a look at the building and the materials they are using, a lot of times we will ask they break it up with columns, different awnings or lighting may also help. We will certainly discuss that with the developer. Chair Melander — There are ways to do things like that without overburdening the building budget too. Commissioner Scanlon — Regarding the lane. The two examples that are currently in Apple Valley and get backed up are pretty obvious. Could it be a potential that that will be strained to the point that you won't know how long the line will be until you get into it? Planner Lovelace If there is a concern of having some visibility, we can certainly take a look at that and provide a line of sight from entering the area. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 2, 2020 Page 6 of 9 Chair Melander asked for any public comments. There were none. Chair Melander closed the public hearing. C. Kwik Trip Palomino Addition (PD-144, Zone 5 Ord Amendment) Planner Kathy Bodmer presented the staff report. Chair Melander asks if there are any questions from the commissioners. None at this time. Chair Melander asks if there are any questions from general public. There were none. Chair Melander closed the public hearing. MOTION: Commissioner Scanlan moved, seconded by Commissioner Diekmann approving the amendment to PD-144, Zone 5 to increase the maximum size of Convenience Stores from 3,500 sq. ft. to 6,500 sq. ft. Roll call vote: Ayes -5— Nays —0. D. Apple Valley Golf Course Rezoning — Consider Amendments to Chapter 155 to Add the "LDF" (Low Density Flex) Residential Zoning District City Planner Tom Lovelace presented the staff report. Chair Melander asks if there are any questions from the commissioners. None at this time. Chair Melander asks if anyone from the public would like to address this item. Planner Lovelace I'd like to enter into record an email from Joel Ronningen, 14036 Heywood Path -- Mr. Ronningen's comments: "While glad the rezoning is not pushing for the higher density first proposed, I would still like the City to leave the zoning as is. Buy the property from the owner and develop it as a green space, a park or something that maintains the quiet and spaciousness of the neighborhood." Planner Lovelace Because of the process we have gone through as far as the Comprehensive Plan designation, we are the applicant on this. The purpose is to make sure that the zoning is consistent with the Comprehensive Plan designation. Jim Schiffman, 8680 135th St. W — We talked about certain amounts of acreage that could not be built upon. Can that be designated now on what cannot be built or is that known already? Planner Lovelace The pipeline that traverses through the property, cannot be CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 2, 2020 Page 7 of 9 built on. The pipeline company will allow a crossover with a roadway or something similar. A lot of times, not distinguished is the set -back from the easement. Building will go up to the easement. There are several wetlands that have been identified and there are set -back requirements. There are strict requirements on filling a wetland and creating anew part of the wetland. The minimum requirement setback from a wetland is 16 '/ ft. and could go even higher dependent upon what type of wetland. Jim Schiffman, 8680 135th St. W — There has not been discussion about putting land aside for a park or green space. Can we talk about that tonight? Chair Melander — We are lacking an application and this is strictly a zoning issue. The Planning Commission staff would have some input. The developer would need to develop something. Planner Lovelace There is a subdivision requirement for any property that includes a park dedication requirement and is based upon an exacting equation. The City can take it in two forms 1) land dedication, or 2) cash in lieu dedication. The Parks Department will review and make a determination on if it is appropriate to take the land or cash dedication depending on existing parks in the surrounding area and the amount of land that could be taken for that purpose. Generally, no small pocket parks are developed. A lot of times, a private park will be constructed in a development as an enticement to move there. Duane Mateski, 8700 135th St. W — There is an amount of land not suitable for building, of that overall density cannot be more than 8 per acre. Is that the whole lot in general or just what is suitable to be built on? Planner Lovelace It would depend: 1) is it over the net acreage, 2) does it take out some sort ofwater bodies, or 3) would it include the pipeline history? I believe that pipelines are included as part of the density requirement. Duane Mateski, 8700 135th St. W — My concern is there are single-family homes in the northwest part of the land. If there is a half an acre or even a third of an acre per unit and there are only 5 acres left for multi -housing, you could pack a lot of housing in and still meet the requirements. Chair Melander asks if anyone virtually would like to address this item. Amanda Patterson, 8380 141st Ct W -- I'm a little concerned about the flex part of the LDF. When there are 8 units per acre and roughly 13 acres of land to be built on, I'm wondering what that would look like? Is there a site plan? Also, if something is currently in development and could be shared with us citizens. Regarding the parks, being a young mom, the closest park for us is the elementary school and having a park that was closer would be immensely beneficial. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 2, 2020 Page 8 of 9 Chair Melander — We made a note of this and that will be addressed at the next meeting, right Tom? Planner Lovelace Yes. Peter Inman, 13511 Hollins Ct — It is a dangerous precedent to create new zoning. We already have low, medium, and high density. It seems LDF was created for the golf course property and for any property owner that can't seem to develop their land. Also, consider the fact that if you live in the triangle of the golf course, you do not have a way to cross busy streets — "interstate" 140th. There are no crosswalks. Has the outcome already been determined — basing off of the activity on the golf course? Why is the City of Apple Valley the petitioner? Linda Harty, 8581 136th Ct — It seems low density would be the best fit for this area along with a park. What is going on with the golf course --a lot of activity? CD Director Nordquist Typical response is to open and close the public hearing and to respond at the next meeting to the questions that have been raised. We are here to listen and prepare responses to the questions that are asked. Linda Harty, 8581 136th Ct — Are we able to table the zoning and see a site plan and design for the golf course? CD Director Nordquist Mr. Chairman, we do not have low density flex zoning at this location until we conduct a public hearing and act on creating a zoning district that's `LDF". That is what this process is about, no more than that, no less than that. The developer has a private golf course with a location designated as "private recreation ". We have spent time on a process to identify a comprehensive plan designation. Once we identify that, then we are compelled to designate zoning. Chair Melander — If any other questions, please contact Community Planning to be addressed at the next meeting. Chair Melander closed the public hearing 6. OTHER BUSINESS A. Review of Upcoming Schedule and Other Updates The next Planning Commission meeting is Wednesday, December 16, 2020. The next City Council meeting is Thursday, December 10, 2020. The City Council meeting after that is moved to Tuesday, December 22, 2020. 7. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes December 2, 2020 Page 9 of 9 Melander asked for a motion to adjourn. MOTION: Commissioner Schindler moved, seconded by Commissioner Kurtz to adjourn the meeting at 8:29 p.m. Rollcall vote: Ayes -5 - Nays - 0. Respectfully submitted, Tammy Bematz, Planning Department Assistant Approved by the Apple Valley Planning Commission Z on 12/16/2020 / Toni Mclaiider, Chair