HomeMy WebLinkAbout120722 PC MINUTESCITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
December 7, 2022
1. CALL TO ORDER
The City of Apple Valley Planning Commission Meeting was called to order by Chair Kurtz
at 7:00 p.m.
Members Present: Jodi Kurtz, Keith Diekmann, David Schindler, Becky Sandahl, Phil
Mahowald and Jeff Prewitt
Member(s) Absent: Paul Scanlan
City staff members attending: City Planner Tom Lovelace, Planner Alex Sharpe, City
Engineer Brandon Anderson, City Attorney Sharon Hills, and
Department Assistant Breanna Vincent.
2. APPROVAL OF AGENDA
Chair Kurtz asked if there were any changes to the agenda. City Planner Lovelace stated that
item 5.C. was being moved to the next meeting.
MOTION: Commissioner Schindler moved, seconded by Commissioner Diekmann,
approving the agenda. Roll call vote: Ayes - 6 – Nays - 0.
3. CONSENT ITEMS
A. Approval of Minutes of November 2, 2022
MOTION: Commissioner Diekmann moved, seconded by Commissioner
Schindler, approving the minutes of the meeting of October 19, 2022. Roll
call vote: Ayes – 6 – Nays – 0.
4. PUBLIC HEARING
A. Orchard Place 4th Addition Rezoning
Chair Kurtz opened the public hearing.
Planner Lovelace provided a brief presentation.
Commissioner Diekmann asked what types of businesses would be allowed in the
Limited Business zoning district.
Planner Lovelace stated that generally office such as medical clinics, as well as some
restaurants.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
December 7, 2022
Page 2 of 7
Commissioner Sandahl asked if this would need to be rezoned when the Mixed Use
Business Campus comes into play.
Planner Lovelace stated this could be considered and may be the next step. As staff is
drafting the ordinance, the uses have included veterinary clinic and medical office.
The applicant, Chris Moe (HJ Development), was present for questions.
Chair Kurtz closed the public hearing.
MOTION: Commissioner Schindler moved, seconded by Commissioner Diekmann to
recommend approval of a rezoning of Lot 1, Block 2, Orchard Place 4th
Addition, according to the proposed preliminary plat, from “SG” (Sand
and Gravel) to “RB” (Retail Business). Roll call vote: Ayes – 6 – Nays –
0.
MOTION: Commissioner Schindler moved, seconded by Commissioner Sandahl to
recommend approval of a rezoning of Lot 1, Block 3 and Outlot D,
Orchard Place 4th Addition, according to the proposed preliminary plat,
from “SG” (Sand and Gravel) to “LB” (Limited Business). Roll call vote:
Ayes – 6 – Nays – 0.
B. Orchard Place 4th Addition
Items 1 and 2 from this item will be continued to the next meeting on 12/21/22.
Planner Lovelace presented the staff report.
No action is being requested this evening.
Chair Kurtz opened the public hearing.
Chair Kurtz stated she liked the window on the corner on the medical clinic. Chair Kurtz
asked if the vet clinic would have an area for dogs to relieve themselves outside.
Planner Lovelace stated that the dog run would be for this purpose and certain
requirement regarding waste disposal will need to be met.
Chair Kurtz asked if there will be a larger area in the event that they offer boarding
services.
Planner Lovelace stated that the applicant would be able to provide this information.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
December 7, 2022
Page 3 of 7
The owner of the vet clinic, Dr. Michael Chafin, stated that the dog run is designed to be
more of an exercise area. There will also be an indoor play area.
Chris Moe (HJ Development) provided additional information related to the project and
timeline.
With no further comments, Chair Kurtz closed the public hearing.
5. LAND USE
A. Obsidian Cobblestreet Mall
Planner Sharpe provided a brief presentation.
There were no questions or comments from Commissioners.
No action is being requested at this time.
B. Lunds & Byerlys Sign Variance
Planner Sharpe provided a brief presentation.
Chair Kurtz recalled there was a sign variance about a year ago on an apartment complex
and asked what it was they requested.
Planner Sharpe stated they were seeking a sign at greater height close to residential.
Commissioner Schindler opined that there was not a need to a large pylon sign.
Commissioner Diekmann asked if there would be signage on the western side of the
building.
Planner Sharpe stated that they are eligible to put a sign there but did not recall if it has
been included on their site plan.
Commissioner Prewitt commented that consistency is very important and something he
would like to see continued with all sign permits in this area since no sign variances have
been sought previously.
Planner Sharpe stated that this was a comment that staff had when working with the
applicant as an item of concern.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
December 7, 2022
Page 4 of 7
Commissioner Sandahl indicated that many of the businesses along Pilot Knob do not
have extra signage at the driveways across the street and echoed Commissioner Prewitt’s
comments on consistency.
Planner Sharpe stated that is correct, though a case could be made for Target. The
applicant states that theirs is different is with the berming which is roughly 4 feet tall
which is similar to the berm behind Target.
Commissioner Sandahl asked if the sign on Lunds & Byerlys will be visible from English
Avenue.
Planner Sharpe referred to a photo provided by the applicant which shows that one of the
signs on the building would be a bit difficult to see but that southbound traffic on Pilot
Knob would be able to see it. With the proposed location of the freestanding sign,
additional wall signage may not be needed on that side.
Commissioner Sandahl would like to see a photo from English Avenue at the next
meeting.
Planner Sharpe stated that staff will work with the applicant.
Commissioner Prewitt asked if there were any restrictions on color.
Planner Sharpe advised that there are no color restrictions related to signage in our
ordinance but the colors chosen are likely part of Lunds & Byerlys’ branding.
Chair Kurtz asked if the Burnsville location has two signs located off County Road 42.
Planner Sharpe stated that the Burnsville location does have two signs, though one of the
signs advertises several other businesses as well.
Commissioner Mahowald advised that it may be a bit premature to consider a second sign
as the larger sign will be off Pilot Knob and there may not be a need at this point.
Planner Sharpe said that the applicant has stated that the second sign is intended to be a
point of destination sign. Staff had worked with the applicant to reduce the signage from
their original submission so that it would not be seen as advertisement.
Chair Kurtz asked what the possibility is of having a smaller sign with a green arrow
directing traffic.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
December 7, 2022
Page 5 of 7
Planner Sharpe stated he did not know if this would be an option and deferred to the
applicant, who was not present. Planner Sharpe advised that the applicant will review
Planning Commission’s comments.
C. CMF Expansion
Moved to next meeting on 12/21/22
6. OTHER BUSINESS
A. Rivers of Life Sketch Plan
City Planner Lovelace presented the staff report in the absence of Planner Kathy
Bodmer.
Commissioner Diekmann asked if the facility would be considered assisted living or a
medical facility.
Planner Lovelace stated that there is 24 hour medical staff to provide assistance with
residents. It’s a higher acuity with memory care. It is likely similar to Presbyterian
Homes in Cobblestone Lake.
Commissioner Diekmann stated his reason for asking is because the Mixed Business
Campus was originally designed with a more medical use and that if it is a more medical
type setting it may not need a conditional use permit.
Planner Lovelace stated that looking strictly at the Limited Business zoning refers to
nursing homes but could not recall if it was a conditional use or permitted use.
Commissioner Diekmann asked if a nursing home would be considered medical as there
is a limited number and they are highly regulated.
Planner Lovelace stated yes, but this facility is not a nursing home.
Chris Moe (HJ Development) stated that it is a higher acuity facility so there are nurses
on staff 24/7 but there are no doctors. It deals with patients who have more needs for
administering medicine and general care as patients may have Alzheimer’s or other
situations.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
December 7, 2022
Page 6 of 7
Chair Kurtz asked if the location may be too busy for this type of facility and patients
who will likely be seeking a calmer environment. Chair Kurtz also expressed concern
over the safety of the location.
Chris Moe stated that it is a valid concern, though usually the first rooms that are booked
are those that have more activity and stimulation. There are protocols restricting access
for those coming in and out of the facility.
Commissioner Mahowald stated that the rendering is beautiful. Commissioner Mahowald
expressed concern for how it may fit in this area since it is mostly retail and commercial
spaces.
Chris Moe replied that this area is very limited in what can be done in regards to the 2040
Comprehensive Plan and that the plan says commercial should be focused to the areas
along County Road 42.
Planner Lovelace stated that a good example of facilities like this would be across the
street from City Hall on 147th St. W as well as the medical facility on Galaxie.
Chair Kurtz asked if there was a business relationship between the medical clinic and
River of Life.
Chris Moe stated that there is no formal relationship but that is the hope.
Commissioner Schindler stated that the building and layout look great and since the
HealthPartners clinic will be right there, it makes this Rivers of Life facility fit better in
the area. Commissioner Schindler asked which parts in section C would be most likely to
be more of a retail use.
Planner Lovelace stated that as the ordinance is developed, there is a limited amount of
commercial/retail allowed in the Mixed Use-Business Campus. Generally, as stated in the
Comp Plan, commercial/retail would be along 42.
Commissioner Schindler stated that if this were just senior apartments, the location would
not be ideal. Commissioner Schindler considers this to be a more medical facility which
fits better in the area.
B. Review of Upcoming Schedule and Other Updates
The next Planning Commission meeting is scheduled for Wednesday, December 21,
2022, 7:00 p.m. The next City Council meeting is Thursday, December 22, 2022, 7:00
p.m.