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HomeMy WebLinkAbout110321 PC MINUTESCITY OF APPLE VALLEY PLANNING COMMISSION MINUTES November 3, 2021 1. CALL TO ORDER The City of Apple Valley Planning Commission Meeting was called to order by Chair Burke at 7:00 p.m. Members Present: Tim Burke, Jodi Kurtz, David Schindler, Paul Scanlan, Keith Deikmann, Philip Mahowald, Becky Sandahl Member(s) Absent: None City staff members attending: Community Develo pment Director Bruce Nordquist, Planner Kathy Bodmer, Planner Alex Sharpe, Water Resource Specialist Samantha Berger, Natural Resources Coordinator Jessica Schaum, City Attorney Sharon Hills, and Department Assistant Breanna Vincent. 2. APPROVAL OF AGENDA Chair Burke asked if there were any changes to the agenda – None. MOTION: Commissioner Kurtz moved, seconded by Commissioner Diekmann, approving the agenda. Roll call vote: Ayes - 7 – Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Kurtz moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of October 20, 2021 and the 2022 Planning Commission Schedule. Roll call vote: Ayes – 7 – Nays – 0. 4. PUBLIC HEARING A. Ordinances Amending “SH” (Shoreland Overlay) Zoning District Chair Burke opened the public hearing. Planner Kathy Bodmer presented the staff report. Water Resource Specialist Samantha Berger presented a brief presentation. Resident and Long Lake Homeowners Association President Paul Habegger (5597 133rd St. Ct.) stated he supported the amendment. He mentioned that residents were contacted CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes November 3, 2021 Page 2 of 6 proactively by Natural Resources staff and provided with a great amount of information regarding the ordinance amendment. He also mentioned how helpful it was to be able to have a neighborhood meeting with Natural Resources staff to further discuss. Resident and Farquar Lake Homeowners Association President Bill Sherry (4855 Dominica Way) stated that he also supported the ordinance amendment and that he hopes that after the ordinance is enacted, that the City should require developers to do more than meet minimum requirements of their zoning district. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, approving the ordinance amending City Code Chapter 155 (Zoning) concerning “SH” (Shoreland Overlay) zoning district. Roll call vote: Ayes – 7 – Nays – 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, approving the amendment to zoning map for 11 properties abutting Keller Lake. Roll call vote: Ayes – 7 – Nays – 0. B. U-Haul Request to Amend Planned Development 254, Conditional Use Permit for Exterior Storage, and Site Plan/Building Permit Authorization Chair Burke opened the public hearing. Planner Sharpe presented the staff report. Chair Burke asked if the height for this site were to be changed, would all buildings in this area be able to add on to their buildings. Planner Sharpe advised that yes, once the building coverage is affected, all buildings in the Planned Development would be allowed to do the same and if it is above 0.2 of an acre, they would need some type of stormwater management. Chair Burke asked if any of the buildings currently have stormwater management. Planner Sharpe advised that none of the properties currently do. Chair Burke mentioned that in that case, changing the height could be an improvement for the area. Commissioner Kurtz asked if other buildings nearby would be able to add on to their building height. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes November 3, 2021 Page 3 of 6 Planner Sharpe advised that the change would only be for this development. Commissioner Kurtz asked what the applicant is planning to use the extra height for. Planner Sharpe responded that the applicant can answer best. Commissioner Scanlan asked what the purpose of the awning between the two buildings is. Planner Sharpe advised that the City only allows one principal building per lot and the awning allows it be considered as one single entity. The awning must also remain open to allow for fire vehicle access. The petitioner, Ryan Anderson, was present and gave a brief presentation. Mr. Anderson advised that the extra height is needed in order to be able to stack four U- Boxes high in the building. Chair Burke asked if it would be possible to stack only three high in the building. Mr. Anderson advised that U-Haul would be best to answer but that with the cost of construction, land, etc., U-Haul has determined that stacking four high is the most feasible option. Commissioner Mahowald asked that elevations be provided at the next meeting showing what the building would look like from the south, east, and west. Chair Burke also requested elevations showing different height options for the building. With no further comments, Chair Burke closed the public hearing. 5. LAND USE A. Chick-fil-a Canopy Variances Planner Bodmer presented the staff report. Chair Burke asked what the purpose of the staff under the canopy proposed for the west side of the building would be as there is no door there. Planner Bodmer advised that there is a door on the west side of the building. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes November 3, 2021 Page 4 of 6 Commissioner Diekmann advised that he would be in favor of adding a 5th condition to require the canopy posts to be cladded in a brick material consistent with the building. Commissioner Scanlan asked if the variances done for this outlot could affect any future projects for similar lots. Planner Bodmer advised that all variance requests must be evaluated on their own merit. Now that restaurants are becoming more reliant on drive-thru service, staff is comfortable with these types of variances. Commissioner Scanlan asked if the temporary work shelters would be disappearing once the canopies are up. Planner Bodmer advised that the architect would better know this answer though it could be added as a condition. Commissioner Schindler asked if the menu boards would be removed. Planner Bodmer advised they would not be removed and that the canopy would be before the menu boards. Staff typically takes orders outside before reaching the menu boards so the canopies would provide shelter for these employees. The vehicles would then pick up their order at the pick up area on the west side. The applicant was available virtually but due to technical difficulties was not easily understood. MOTION: Commissioner Diekmann moved, seconded by Commissioner Kurtz, to approve a variance to reduce the setback from 153rd Street West from 40’ to 10’ to construct 1,280 sq. ft. canopy over the double drive-thru lanes subject to findings (1 through 7) and conditions (1 through 4) with the addition of a 5th condition requiring the posts to be cladded in brick material. Roll call vote: Ayes – 7 – Nays – 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Kurtz, to approve a variance to reduce the setback from Cedar Avenue from 50’ to 21’ to construct 768 sq. ft. canopy over the meal pick up area subject to findings (1 through 7) and conditions (1 through 4). Roll call vote: Ayes – 7 – Nays – 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes November 3, 2021 Page 5 of 6 B. Planning Commission Animal Ordinance Recommendations CD Director Nordquist and Planner Sharpe presented the staff report; referring in great detail to the staff report and with a supporting power point that reviewed the process of review of the subject in 2021. Commissioner Schindler asked if the Agricultural Zone allowed chickens. CD Director Nordquist advised that they can have chickens and any other farm animal. Commissioner Schindler stated that he is comfortable with the ordinance remaining as is. Commissioner Diekmann recommended keeping it as is as well, stating that Apple Valley already allows chickens in Agricultural Zones. Commissioner Scanlan advised that he also would like the ordinance to remain the same. Chair Burke stated that the lot size difficulty and inconsistent terrain make keeping chickens difficult. Commissioner Sandahl stated that chickens are already allowed in the Agricultural Zone and do not need to be allowed in any other zones. Commissioner Mahowald agreed with the other commissioners. Commissioner Kurtz also stated the ordinance should remain the same. MOTION: Chair Burke moved, seconded by Commissioner Kurtz, to recommend the keeping of chickens in properties zoned for agricultural use. Roll call vote: Ayes – 7 – Nays – 0. MOTION: Commissioner Scanlan moved, seconded by Commissioner Diekmann, to recommend a minimum side and rear setback of 30’ for a coop and run should the keeping of chickens be approved by City Council. Roll call vote: Ayes – 7 – Nays – 0. MOTION: Commissioner Burke moved, seconded by Commissioner Schindler, to recommend a minimum residential lot size of 40,000 sq. ft. should the keeping of chickens be approved by City Council. Roll call vote: Ayes – 7 – Nays – 0.