HomeMy WebLinkAbout031721 PC MINUTESCITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
March 17, 2021
1. CALL TO ORDER
The City of Apple Valley Planning Commission Annual Meeting was called to order by
acting Chair Scanlan at 7:00 p.m.
Members Present: Chair Tom Melander*, Tim Burke*, Keith Deikmann*, Jodi Kurtz,
Paul Scanlan, and Philip Mahowald. David Schindler* arrived at
7:15 pm.
Member(s) Absent: None
City staff members attending: Community Development Director Bruce Nordquist, City
Planner Kathy Bodmer, City Planner Tom Lovelace, City Planner
Alex Sharpe*, City Engineer Brandon Anderson* and Department
Assistant Breanna Vincent.
*Present via remote technology
2. APPROVAL OF AGENDA
Commissioner Scanlan asked if there were any changes to the agenda.
Community Development Director Bruce Nordquist advised that there were two additions
of correspondence from Joe Elliot and Bill Sherry regarding The Cove Development.
MOTION: Commissioner Burke moved, seconded by Commissioner Kurtz,
approving the agenda. Roll call vote: Ayes - 7 – Nays - 0.
3. CONSENT ITEMS
MOTION: Commissioner Kurtz moved, seconded by Commissioner
Burke, approving the minutes of the meeting of March 3, 2021. Roll call
vote: Ayes – 7 – Nays – 0.
4. PUBLIC HEARING
A. Panera Bread Restaurant
Planner Tom Lovelace presented the staff report.
Commissioner Scanlan asked if there are any questions from the
Commissioners.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
March 17, 2021
Page 2 of 5
Commissioner Kurtz asked about the rib panel and whether there were any other
merchants in Apple Valley using this material and if it was made from recycled
materials.
Planner Lovelace said it was just another type of material that provides a more
decorative look. Since it is located on the front of the building, it is a more
prominent material. He has requested samples of the material from the applicant.
Commissioner Mahowald asked what would happen if someone came to the rapid
pickup lane early and had others behind them in line, would they need to cycle
back through the line?
Planner Lovelace advised this would be a better question for the applicant. He
thought the parking spaces to the west of the building may be an option for having
customers who arrive early wait there.
Commissioner Scanlan asked if there were any questions from the virtual
commissioners – None.
Commissioner Scanlan asked whether it would be beneficial for the parking
spaces to the west of the building to be diagonal
Planner Lovelace advised they would likely not be diagonal parking spaces as
that would force takeout and dine-in customers to have to go through the drive-
thru/rapid pickup lane in order to park there.
Commissioner Scanlan asked whether there was an option to move the handicap
parking location since it is currently disconnected from the building.
Planner Lovelace advised discussing with the applicant about possibly moving
the handicap spaces but that the west parking lot may not be best as they would
need to cross in front of the drive-thru traffic.
Commissioner Scanlan asked if there were any questions from the public – None.
The applicant, Dan Cook, was present virtually.
Dan Cook advised that there would be drive-thru pull-forward spaces for those
who were in the queue before their order was ready so that they can wait without
holding up others behind them and an associate would bring their order to them.
He also advised that customers are notified through their app or email when their
order will be ready and not to come until that time. Dan responded that the
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
March 17, 2021
Page 3 of 5
fiberglass rib panels are designed to look like masonry or stone though they are
much lighter weight.
Chair Melander requested to see a sample of the material.
With no further comments, Commissioner Scanlan closed the public hearing.
5. LAND USE
A. The Cove
Planner Kathy Bodmer presented the staff report.
Commissioner Mahowald asked if Planner Bodmer had any concerns about the
environmental impacts referenced in Bill Sherry’s February 12th letter from the
Farquar Lakes Association.
Planner Bodmer stated the City has rules and requirements set up to protect the
environmental areas and is committed to investigating and keeping watch
of the site. The applicant would also need a state permit. A well-managed project
can overcome any natural disturbances that would occur.
Commissioner Diekmann asked what the total impervious surface would be for
the proposed 17 units.
Planner Bodmer stated 24.2%.
Commissioner Diekmann asked what the maximum impervious surface allowed
for the Shoreline Overlay District.
Planner Bodmer stated 25%.
Chair Melander affirmed his stance remained unchanged from the previous
discussion on this development.
Commissioner Burke asked if there was any difference in how the
Shoreland Overlay District is applied whether the zoning changes or not.
Planner Bodmer stated there would be different requirements since the
development would be housing multiple families as opposed to single-families
such as maximum 25% impervious coverage, 70% of SIC would need to be left
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
March 17, 2021
Page 4 of 5
undisturbed, 50% of property needs to be common open space. The applicant is
achieving this by grouping some of the units together.
Commissioner Scanlan asked if the Petitioner had any comments to add.
Petitioner Mark Sonstegard mentioned that they have been working with staff and
have come up with a revised 15-lot layout which also does not have the
hammerhead turn-around. He also stated that if the commission denies the 17-lot
layout that he would be open to feedback on the 15-lot layout.
Commissioner Scanlan stated that the public hearing was closed previously but if
the public had any new information or comments to add, they were welcome to do
so.
Vice President of the Lake Association, Tyler Kistner, stated the site was
currently a nature preserve and that profit was the main driving force for wanting
to put 17 lots at the site as opposed to three single-family lots.
Commissioner Scanlan asked for a motion to approve or reject the rezoning.
City Attorney Sharon Hills advised that the factual reasons related to the denial be
stated along with the motion.
Commissioner Burke stated his reason for the denial was that 17-units of detached
villas would be too many units for the neighborhood, the density on this property
is too much to be compatible with the neighborhood.
Chair Melander stated that the challenging topography makes this a difficult
project and would be detrimental to the lake which is already at risk.
Commissioner Diekmann agreed with the facts stated by Commissioner Burke and
Melander.
Commissioner Kurtz added that it would be too much interruption of the natural
habitat.
Commissioner Scanlan stated his reasons being a concern for the density,
environmental impacts on the lake, parking and turnaround capability, and lack of
snow storage.
MOTION: Commissioner Burke moved, seconded by Chair Melander, approving the denial
of a rezoning of three properties from “R-1” to “PD.” Roll call vote: Ayes - 7 –
Nays - 0.