The City of Apple Valley Planning Commission meeting was called to order by Chair Karen Edgeton at 7:02 p.m.

Members Present: Karen Edgeton, Jeannine Churchill, John Bergman, Tim Burke, Tom Melander, Frank Blundetto

Members Absent: Jim Hadley

Staff Present: Consulting Engineer Pat Wrase, City Attorney Sharon Hills, Assistant Planner Kathy Bodmer, City Planner Tom Lovelace

MOTION: Burke moved, seconded by Churchill, to approve the agenda as proposed. The motion carried 6-0.

The petitioner Wal-Mart Stores, Inc. withdrew their petition; therefore, a public hearing was not held.

Assistant Planner Kathy Bodmer introduced the proposal. She also displayed a map of the city showing potential sites for Class II restaurants at the time Schlotzsky's made application for building permit authorization.

Edgeton expressed concern for setting a precedent for development along County Road 42. She noted the original Planned Development ordinance specifically prohibited Class II restaurants at the site in question.

Kim Garland, co-owner and manager of Schlotzsky's, stated she cannot compete with the five restaurants with drive-through's across the street.

Edgeton asked what the basis for the proposed limited-hours provision of the ordinance was, and suggested limiting the hours of operation even further may offer additional protection from a typical fast-food restaurant. Bodmer answered that the provision for hours is the same as the Class III restaurant ordinance provision. City Planner Tom Lovelace added that language "hours as determined by the City Council" could be an option also.

There was some discussion about circulation on the site in the event a drive-through window is constructed. Bodmer noted that the Schlotzsky's in Woodbury does not have outdoor seating, and that the Coon Rapids store has the order board in front of the outdoor seating area.

Melander said he doesn't want to see anyone go out of business, but that the restaurant definitions have been tweaked over and over.

Blundetto stated very few restaurants seemed appropriate for the site in question because he saw the spot as being special and felt good about Schlotzsky's locating there. He went on to say he cannot support a drive-through in a special place such as this.

Bodmer closed by saying that Schlotzsky's could have a ground sign in addition to their current signage, so they have withdrawn their request for a sign variance.

MOTION: Burke moved, seconded by Melander, to recommend that the City adopt the draft amendment to PD-341, Zone 4A to permit a Class II restaurant with drive-thru with conditions as stated in the draft ordinance, except that hours of operation be limited to 10:00 a.m. to 10:00 p.m. Motion denied 2-4 (Edgeton, Blundetto, Bergman, Churchill)

Lovelace introduced the project. He clarified he is recommending no action because the petitioner is in the process of revising plans. Lovelace also noted that construction cannot begin until the parcel is platted. The City does not object to vacating the access restriction easement that currently exists along 147^th Street because lining up the access point with Gadwell Street is desirable. Lovelace added that bike racks should be indicated on the revised plans.

Bergman asked about excess parking spaces and the possibility of trees in the parking lot.

Tom Moorse of KKE Architects, representing the petitioner, stated their revised plans will include a large landscaped island for the pedestrian connection.

Lovelace noted the petitioner is in the process of revising plans and has requested the item be tabled until staff can review the revised plans.

MOTION: Burke moved, seconded by Bergman to table the item until the next Planning Commission meeting. Motion carried 6-0.

Bodmer introduced Target's proposal to create a Super Target format store to include grocery operations.

Lance Newman with Progressive Consulting Engineers, representing the petitioner, said the parking stall calculation should indicate a deficit of 24 stalls.

Commissioners emphasized the importance of revising the plans so that trucks would not be backing in from 151^st Street to make deliveries to the grocery area.

Jim Tucker of Target described the location of the existing and proposed loading docks on the site. He noted there is a single dock proposed for the grocery side of the building, so there would be only one truck at a time.

Edgeton did not have a concern with a parking deficit, given the fact she has never seen the parking lot full.

Melander cautioned the petitioner that the signage ordinance should be strictly adhered to. Bodmer explained application of the signage ordinance to this site, noting that signage would be allowed on the north elevation, and that pedestrian awning signs are also allowed.

Edgeton asked about sidewalk, and Bodmer said the petitioner is showing the addition of sidewalk on the north.

Blundetto requested the Fire Marshall be asked if the service drive off of 151^st Street could be closed off to truck traffic.

Blundetto moved, seconded by Churchill, to adjourn the meeting. Motion carried 6-0. The meeting was adjourned at 8:35 p.m.