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HomeMy WebLinkAbout061621 PC MINUTESCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES June 16, 2021 1. CALL TO ORDER The City of Apple Valley Planning Commission Meeting was called to order by Vice Chair Kurtz at 7:00 p.m. Members Present: Jodi Kurtz, David Schindler, Paul Scanlan, Keith Deikmann, Philip Mahowald, Becky Sandahl Member(s) Absent: Tim Burke City staff members attending: Community Develo pment Director Bruce Nordquist, City Planner Tom Lovelace, City Engineer Brandon Anderson, Water Resource Specialist Samantha Berger, City Attorney Sharon Hills, and Department Assistant Breanna Vincent. * Present Virtually 2. APPROVAL OF AGENDA Vice Chair Kurtz asked if there were any changes to the agenda – None. MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, approving the agenda. Roll call vote: Ayes - 6 – Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Kurtz moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of June 2, 2021 and authorizing a Special Planning Commission Meeting on Wednesday, June 30th. Roll call vote: Ayes – 6 – Nays – 0. 4. PUBLIC HEARING A. Eagle Pointe Planner Tom Lovelace presented the staff report. Commissioner Scanlan asked what the color palette of the development will be and if all of the trees along 140th St W will be removed. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 16, 2021 Page 2 of 10 Planner Lovelace advised that he would need to look further into it but that he believe it is the cottonwoods along 140th St W which do not have a great survival rate. Commissioner Scanlan advised that they likely would cause some site line issues. Commissioner Scanlan asked what the excavation of the site would entail and if there was a percentage available for how much would be changed. City Engineer Brandon Anderson advised that all of the trees along 140th St W would be removed with the addition of the turn-lane and trail. He also advised that there will be extensive excavation but that a lot of the elevations need to remain in order to keep storm water regulations and flood levels as well as some challenges with the pipeline easement and needing to keep current elevations there. Commissioner Mahowald advised that he would like to see a more detailed grading plan in the future. He mentioned that going by the site plan, it appears that there would be a lot of challenges for containing storm water with the significant changes happening on the site. He also mentioned whether or not the retention ponds would be adequate for the retention of storm water on site. Resident John Kuettner (13545 Hershey Ct), mentioned that at the last meeting he attended, there was great interest in acquiring green space for the lot but that he missed a few meetings and sees that has changed now. Petitioner Matt Olson with Brandl Anderson Homes presented some additional information on the site and asked if there were any questions. Commissioner Scanlan asked about the color scheme for the development. Mr. Olson advised that color was all personal preference and that there would be options for the homebuyers to choose from. Commissioner Scanlan asked how this development fits into the comprehensive plan, specifically the zoning for the property. Mr. Olson advised that the single-family detached villas abutting the existing single- family homes and the townhomes closer to Garden View and 140th St W which is consistent with the Low Density Flex designation. The development is on the lower end for the units per acreage at about 3.6 units/acre. Commissioner Scanlan asked about the natural integration of the site and how that fits into the plan. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 16, 2021 Page 3 of 10 Mr. Olson advised that some of the wetlands would be impacted but ultimately others would be improved and there is an opportunity to help correct the flooding issues currently on the site. As far as the trees on the site, there will be a specialist coming out to observe which trees could be transplanted to other areas on site in order to preserve more of what is already there. Commissioner Scanlan mentioned that they are looking at over 70% of trees being removed and just under half of the wetlands will be impacted. Mr. Olson advised that was correct, though they will also be enlarging some of the existing wetlands for more ponding area from about 45,000 sq. ft. to 116,000 sq. ft. Commissioner Scanlan advised that idea behind the Low Density Flex was that they were supposed to take into account the natural integration and having the product work around it and it instead seems like the opposite is occurring with the natural aspects of the site being looked at in a secondary fashion. Commissioner Kurtz stated that the proposed plan seemed to fit into her understanding of the Low Density Flex designation. She also asked if there would be additional landscaping added around the ponding areas. Mr. Olson advised that was correct and that they are trying to keep the site more intact and they are open to adding additional screening. CD Director Bruce Nordquist advised that with the questions relating to wetlands, we can defer to City Engineer Brandon Anderson and Water Resource Specialist Samantha Berger. City Engineer Brandon Anderson advised that the law does allow for storm water to be stored in a wetland depending on its classification. The wetlands are being reviewed by a technical evaluation panel which is required by law. The larger wetland in the middle of the site is being completely expanded on while the other two will be either partially or fully filled with additional storm water being stored nearby. Commissioner Mahowald asked if the square footage discussed previously in regards to the wetlands being expanded was linear surface or the capacity of the pond to retain storm water. Mr. Olson advised that it was linear surface and they were meeting requirements so that this site is hopefully improving water issues for sites further south. City Engineer Brandon Anderson advised that there are several requirements for storm water in the ordinance such as volume reduction, rain control, elevation challenges and CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 16, 2021 Page 4 of 10 dead storage, as well as flood storage. The City is working with the applicant and their engineer to address some technical components but that the routing and configurations are pretty close. Resident Vickie Loher Johnson (8907 138th St Ct) asked if the traffic study was completed during the pandemic. City Engineer Brandon Anderson advised that the projected numbers were taken prior to the pandemic. Ms. Loher Johnson asked if the traffic study took into account the maximum of 6 cars per lot. City Engineer Anderson advised that the trips projected are taken from the Institute of Traffic Engineer Manual studies all the types of homes to project the number of trips for each home and is typically very accurate. Ms. Loher Johnson advised that having no traffic control devices along 140th St W would be very hazardous for people and especially children trying to cross the road to get to Sunset Park. What is the plan for a traffic control device when needed, where will it be placed, and will the developer need to place a LOC with the City in order to fund this in the future? She stated that there were no other developments in the area that would cause an increase in traffic other than this proposed development and the increase in density. City Engineer Anderson advised that the traffic projections provided are “full buildout.” There are several criteria to meet in order to necessitate a traffic control device and by MNDOT standards, this site does not meet any of those. He did not recommend adding any type of pedestrian crossing for 140th St W as it is a major collector, four-lane road with a 45 mph speed limit and this would add to an increase in accidents. The City does not promote any pedestrian crossing of 140th St W. The City also needs to take into account spacing issues with adding another intersection and the conflicting left turns it would cause as well as sight-line and elevation issues. Ms. Loher Johnson advised that people will still attempt to cross even without a mid- block crossing and that someone will be hurt especially with just a single access point from the site. She asked if two access points should be required in the case of emergencies. City Engineer Anderson advised it was not a requirement and that the plans have been reviewed by the Fire Marshal. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 16, 2021 Page 5 of 10 Ms. Loher Johnson mentioned that during the time of the rezoning in 2019-2020, the residents were told that only 8.5 acres that were able to be developed and that the natural conditions of the site would limit the density of the site and that with the proposed plan, all 22 acres are being developed which does not seem to meet the Low Density Flex zoning. She also asked if the public hearing closes tonight, will the public have an additional opportunity to comment on the revised plans. City Attorney Sharon Hills advised that is at the discretion of the commission whether or not to keep the hearing open. The hearing can be closed and the commission has the discretion to allow comments from the public at future meetings if new information is provided. Resident Brad Blackett (457 Reflection Rd) asked if Water Resource Specialist Samantha Berger could provide a definition of a pond versus a wetland is. Water Resource Specialist Samantha Berger stated that historically with developments, storm water would be routed into these wetlands which is what is currently happening on the site. When looking at a proposal, the applicant must delineate these wetlands and whether they take on additional storm water or exist naturally and how they plan to impact these wetlands. In putting an application forward, there is a request to review these wetlands and historical imagery is used to see how the wetlands existed previously or created as an incidental wetland. In looking at the wetlands, Natural Resources determines whether these wetlands can be impacted and how they can be impacted. The City administers the Wetland Conservation Act which is a state requirement and the application is reviewed by a technical evaluation panel. A wetland has three different factors – hydrology, vegetation, and soil. Wetlands can have a dual purpose of taking on storm water as well. Mr. Blackett commented that the review of the delineation only went back to aerial photos from 1970 but that there are some photos that go back to 1937 and that the topography has been altered extensively. He mentioned that Dakota County has a depletion of ground water in our aquifers and that Apple Valley is a one of the largest contributors to ground water drawdown which impacts other communities. He stated that as a community, it is our responsibility to provide clean water for our future generations. He mentioned that the buffer zone around the pond areas should include emergent plants that can help infiltrate rain water into the ground. Water Resource Specialist Samantha Berger stated that what was included in the packet was not the entirety of the report and also stated that while historic aerial images are looked at, they also look at what is on the site today. The Wetland Conservation Act was enacted in 1991, so these protections were not in place prior to then. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 16, 2021 Page 6 of 10 Mr. Blackett mentioned that the Wetland Conservation Act was enacted to protect wetlands similar to what is on the site. Water Resource Specialist Berger stated that the applications are reviewed in accordance to the state’s Wetland Conservation guidelines and will continue to do so with the help of the technical evaluation panel. Mr. Blackett stated that legally these wetlands can be filled, the City has ordinances and can put forth the recommendations and can be more stringent in applying standards for conserving these natural aspects. Mr. Blackett asked how the City decides what trees are considered “significant trees” and that he believes the age of the tree should be taken into account. He also stated that the single-family homes abutting the property have current widths of 80’ whereas the proposed development lots are 45-50’ widths. Mr. Blackett expressed concern over whether the squares shown on the site plan are the lots or the actual homes. CD Director Nordquist advised that the squares are the lots and the homes would be within those and would abide by setbacks. Mr. Blackett advised that the square footage shown in the floorplans for the homes would not fit inside of the lots shown on the site plan. He requested to see where the different models would fit on the lots provided in the site plan. Commissioner Kurtz mentioned that the significance of the trees is likely dependent on where they are located and whether they are in areas where the developer is proposing to build. CD Director Nordquist advised that the next meeting will include an update on where the trees are located that will be removed. Mr. Blackett advised that the landscape plan also be reviewed as there is an ordinance stating how far back trees need to be from the roadway and each other and eliminates a lot of the proposed planting sites. Resident Todd Walden (8943 138th St Ct W) encouraged that the commissioners consider that the plan seems to fit the developer’s needs as opposed to the new zoning designation created. He stated that as a City, we should be trying to meet the highest bars we can instead of just meeting the lowest requirements. Resident Elliott Ashwell (13599 Hollins Ct) mentioned that Planner Lovelace stated there were accessible parks in the neighborhood but that there really aren’t any since there is one about 15 minutes away and the other is Sunset Park though people would need to CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 16, 2021 Page 7 of 10 cross 140th St W which is a safety hazard and he agrees that some type of traffic control c would be needed. Mr. Ashwell also stated that the flooding on the site is significant and that all the water flows down McAndrews Rd. to the site and that he had concerns for people living on the site. Commissioner Kurtz asked Planner Lovelace if the units per acre originally proposed were much higher previously and if the applicant reduced that number. Planner Lovelace stated he did not have exact numbers but that there are 8 units per acre maximum and 22 acres total which gives the maximum number. He added that the lay of the land would also restrict how many units can truly be developed on the property. CD Director Nordquist mentioned that there was a much higher count discussed in 2019 and that multi-unit housing was being considered for part of the site. Resident Jim Schiffman (8680 135th St W) stated that the current proposal is not ideal but that the residents are happy that it is not a strip mall or multi-unit housing. He and his wife were glad to see the improvements on the wetland areas at the neighborhood meeting. He stated that the density near where the single-family lot will be located seems a bit cramped. Mr. Schiffman also mentioned that there seems to be a lot more trees being planted in front of the development and not much in the back of the lots. He asked if the 10’ easement located off 135th St W and what is happening to that easement – will it be reclaimed by the property owners or will it be given to the developer? Planner Lovelace stated that there is an outlot located on that side and it will be replatted as part of lot 81. There were some negotiations made between Joel Watrud and the residents about the easements and that they would go away in the event that the golf course goes away. City Attorney Hills advised that staff look into the issue to provide a clear answer at the next meeting. Mr. Schiffman requested that a contact number be provided to residents in the event that there are construction issues such as dust control. He also mentioned that mercury was discovered at the site from the chemicals used on the greens and that the developer mentioned this would be remediated. Mr. Schiffman asked that the proposed trail along 140th St W could be connected down to the intersection along 140th St W which could help with crossing. CD Director Nordquist advised that when doing new developments, “trails to nowhere” are often created in order to allow for future trails when needed. The developer will not be required to finish these trails, the City would be responsible for this. Also back in CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 16, 2021 Page 8 of 10 2019, a profile of the neighborhood was shared. Within a quarter mile, there are 634 housing units. There is difficulty associated with the safe crossing of 140th St W long before the developer adds 81 additional housing units. Resident Peter Inman (13511 Hollins Ct) commented that the “trail to nowhere” should be taken into consideration and linked to other trails nearby. He also recommended the “high intensity activated crosswalk” being put in near Greenleaf Elementary as an option for safer crossing of 140th St W. Resident Wendy Manuel (13399 Hughes Ct) commented that at the neighborhood meeting, the developer spoke about the benefit of the development being that it will be targeted towards seniors. Ms. Manuel stated that the development seemed to benefit those who will be living on the site as opposed to the rest of the neighborhood and that they are losing the green space. With no further comments, Vice Chair Kurtz closed the public hearing. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan approving the closing of the public hearing. Roll call vote: Ayes - 5 – Nays - 1. 5. LAND USE None 6. OTHER BUSINESS A. Andale Mercado Sketch Plan Planner Alex Sharpe presented the staff report. Commissioner Scanlan mentioned that the plan looked like a great new addition and commented that it could benefit from some additional screening of the trucks near the dock area. Planner Sharpe advised that the truck dock is well placed currently as it is near a parking lot of another business. The applicant, Fernando Mellado, introduced some additional information about Andale Mercado. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 16, 2021 Page 9 of 10 Commissioner Schindler asked how extensive the grocery area of the store will be and if there will be more than just the bakery and butcher shop. Mr. Mellado advised that it is a full butcher shop, bakery, a cold deli, and produce area. Items are purchased in bulk and made fresh in house. B. U-Haul Addition Planner Alex Sharpe presented the staff report. Commissioner Diekmann asked what the building coverage for the businesses directly to the east of the site is. Planner Sharpe advised that he did not have the information on hand but would have it for the next meeting. Commissioner Diekmann mentioned that the architecture of the addition would need to be improved. Commissioner Scanlan asked what other properties would be affected if the PD amendment is approved to allow the site to go over the current maximum building coverage of 30%. Planner Sharpe advised that it would be all of the properties within zone PD 254, which is a limited number of properties. He will provide a map at the next meeting showing the properties. C. Review of Upcoming Schedule and Other Updates The next Planning Commission meeting is Wednesday, June 30, 2021, 7:00 p.m. The next City Council meeting is Thursday, July 8, 2021, 7:00 p.m. 7. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Vice Chair Kurtz asked for a motion to adjourn. MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, to adjourn the meeting at 9:21 p.m. Roll call vote: Ayes – 6 – Nays – 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes June 16, 2021 Page 10 of 10 Respectfully submitted, ______________________________________ Breanna Vincent, Planning Department Assistant Approved by the Apple Valley Planning Commission on 7/21/2021 . Jodi Kurtz, Vice Chair