HomeMy WebLinkAbout020321 PC MINUTESCITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
February 3, 2021
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 Deikmann*, Jodi Kurtz,
Paul Scanlan, David Schindler, and Philip Mahowald.
Member(s) Absent: None
City staff members attending: Community Development Director Bruce Nordquist, City
Planner Kathy Bodmer, Planner/Meeting Organizer Alex Sharpe,
City Engineer Brandon Anderson, City Attorney Sharon Hills, and
Department Assistant Breanna Vincent.
*Present via remote technology
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the agenda.
CD Director Bruce Nordquist noted an email copy was provided between a resident and
City Engineer Brandon Anderson to the commissioners regarding The Cove development.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan,
approving the agenda. Roll call vote: Ayes - 7 – Nays - 0.
3. CONSENT ITEMS
MOTION: Commissioner Schindler moved, seconded by Commissioner
Scanlan, approving the Consent Items of the agenda (minutes of the meeting
of December 16, 2020). Roll call vote: Ayes – 7 – Nays – 0.
4. PUBLIC HEARING
A. Zoning Code Amendment to Institutional Zoning District -
Consider a text amendment to amend the P "Institutional" zoning
district to allow ancillary retail sales when in conjunction with a
permitted use.
Planner Alex Sharpe presented the staff report.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 3, 2021
Page 2 of 6
Chair Melander asked if there are any questions from the Commissioners.
Commissioner Deikmann asked if in regards to the golf course providing golf club
fittings would that be a service that is excluded?
Planner Sharpe deferred to City Attorney Sharon Hills who stated that retail
services would not be included as ancillary.
Planner Sharpe advised we amend the recommendation to include “subject to
City Attorney revisions.”
Chair Melander asked if there are any questions from the public – None.
With no further comments, Chair Melander closed the public hearing.
5. LAND USE/ACTION ITEMS
A. Roers Senior Apartments - Village at Founders Circle 2nd
Addition - PC20-14-B
Planner Kathy Bodmer presented the staff report.
Chair Melander asks if there are any questions from the commissioners.
Commissioner Schindler asked about the distance between the building and the
street in front with concern to through-traffic being too close to residents coming
out of their homes.
Planner Bodmer said the distance is 5 feet and acknowledged that the layout is
not ideal but is an innovative way to have the strange-shaped property developed.
Commissioner Schindler recognized that there would not be much through-
traffic other than from residents in that development.
Representative from the development clarified that the apartment entrance would
be located on the other side of the sidewalk and only the garages would be located
facing the through-street.
MOTION: Commissioner Burke moved, seconded by Commissioner Kurtz,
approving the site plan review/building permit authorization of proposed
development for 160 apartment and 12 townhome units with the following
conditions (12 conditions listed in staff report) as well as the amendment to
condition #9. Roll call vote: Ayes - 7 – Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 3, 2021
Page 3 of 6
B. The Cove - PC20-20-ZSB
Planner Kathy Bodmer presented the staff report.
Community Development Director Nordquist provided an existing picture tour of
the lake, from the lake, emphasizing that the horizon shows trees, single homes,
and not a compact placement of homes in close proximity.
Chair Melander asked if there are any questions from the
commissioners.
Commissioner Burke asked what benefits the city would get from having 17
detached townhome lots as opposed to the previously proposed 7 detached single-
family lots.
Planner Bodmer stated the benefit from this negotiation would be the ability to
cluster the homes together and allow larger open space and a greater natural
buffer zone. A second benefit would be that the developer would need to comply
with up-to-date requirements of the Shoreland Overlay zoning district.
The developers have had close contact with the DNR for review.
Commissioner Scanlan raised concerns about the long-term maintenance of the
shore impact zone and what this area could look like in the future with different
residents moving in and out.
Planner Bodmer stated that some of the features of the site would be easements
such as the infiltration areas and basins. This development requires the
homeowner’s association to address long-term maintenance. The City is
working with the City Attorney’s office who advises it is better to work with the
homeowner’s association.
City Attorney Sharon Hills stated that the shoreline impact zone is under the DNR
rules currently and is not in the city’s shoreline regulations. These provisions
could be added to the ordinance.
Commissioner Scanlan raised additional concerns regarding snow removal and
the private drive as well as apprehension over parking on one side of the street.
The hammerhead on one end would provide difficulty for emergency vehicles and
likely the plan would need to lose a unit or two to allow for additional off-street
parking.
Planner Bodmer advised that the Fire Marshall is now asking the ends be
dedicated as a fire lane giving more authority for police to ticket and tow. The
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 3, 2021
Page 4 of 6
hammerhead is also allowed in the fire code as long as the dimensions are
adequate.
Commissioner Schindler stated the use of the site did not feel appropriate. There
would be a lot of disruption in clearing this site and there are no properties similar
to what is being proposed around Lake Farquar. Commissioner Schindler stated
there would be an advantage to having one access to the lake, but does not believe
the dramatic change to the area around the lake would be the best use.
Planner Bodmer said whether the site would be approved for townhomes or
single-family homes, this much grading would need to be done with just as much
site disruption.
Commissioner Schindler asked what street would be needed if the site had 7
single-family lots.
Planner Bodmer replied that the single-family lots would not be able to have
driveway access to Diamond Path and construction of a street would be needed to
service those homes. A case for rezoning would still be needed.
Commissioner Kurtz shared that she had recently been around the lake and that
the site seemed too small for accommodating 17 townhome units but could see 7
single-family lots working and would like to see the natural beauty remain.
Chair Melander expressed concern over accommodating residents who wish to
live on larger lots. He mentions the 80% grading, over 200 trees needing to be
taken out, and the fragility of the lake being a large concern over this proposal.
Chair Melander stated he had no inclination to rezone the area.
The Petitioner (Mark Sonstegard of JMH Land) shared a brief presentation
regarding erosion control for the site which includes the grading plan,
inspections by the state, city and Westwood, as well as stabilization.
Chair Melander asked if there were any further questions/comments.
Commissioner Burke asked whether this particular plan would be
implemented in another part of a R1 zone, would we be considering this amount
of lots?
Chair Melander asked if this development should be revisited at the next
meeting on February 17th.
Planner Bodmer replied yes.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
February 3, 2021
Page 5 of 6
C. Apple Valley Square 6th Addition
Planner Alex Sharpe presented the staff report.
Chair Melander asked if there are any questions from the
commissioners.
Commissioner Kurtz encouraged the use of awnings on the west elevation.
Chair Melander suggested the use of a relief panel with some artistic value to
and would also screen the transformers on the west elevation.
Planner Sharpe said that staff is open to all suggestions and that the applicant is
aware they are short on being able to use the landscape budget due to the
space constraints of the site.
Commissioner Scanlan wanted to stay consistent with the things the
Planning Commission is asking for in regards to similar properties within the city.
He stated the 145-stall parking variance is not
an issue.
Chair Melander agreed.
MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan,
approving the preliminary plat to subdivide a parcel into two separate lots.
Roll call vote: Ayes - 7 – Nays - 0.
MOTION: Commissioner Burke moved, seconded by Commissioner Kurtz,
approving the required number of parking stalls variance subject to approval
from the City Attorney. Roll call vote: Ayes - 7 – Nays - 0.
MOTION: Commissioner Burke moved, seconded by Commissioner Kurtz,
approving the site plan and building permit authorization. Roll call vote:
Ayes - 7 – Nays - 0.