The City of Apple Valley Planning Commission meeting was called to order by Chair Karen Edgeton at 7:00 p.m.

Members Present: Karen Edgeton, Jeannine Churchill, John Bergman, Tom Melander, Frank Blundetto, Jim Hadley

Members Absent: Tim Burke

Staff Present: Consulting Engineer Keith Gordon, City Attorney Sharon Hills, Assistant Planner Kathy Bodmer, City Planner Tom Lovelace, Assistant Planner Margaret Milton, Community Development Director Rick Kelley

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

MOTION: Churchill moved, seconded by Bergman, to approve the minutes as submitted. The motion carried 6-0.

Assistant Planner Kathy Bodmer introduced the item.

Melander asked for clarification of the parking requirements. He noted that eliminating the parallel parking spaces on the west should improve the turning radius at the northwest corner of the building. Bergman wondered if there wasn't a way to eliminate parking spaces that would improve the traffic flow. Edgeton said that there should be signage indicating employee parking on the north.

Kim Garland, manager of Schlotzsky's Deli, said she has not yet met with the architect to finalize plans, and that she is willing to work with the City to accommodate both the site design and landscaping recommendations.

Bergman asked when deliveries and garbage collections occur. Garland stated deliveries are at 8 and 9 a.m., while garbage pickup generally takes place around 10 a.m. She noted that no vendor drop-offs have taken place during customer hours. Edgeton said she thought that such a restriction would need to be a condition of approval.

City Planner Tom Lovelace reviewed the applicant's request. He explained that by requiring future building on the site to go through the conditional use permit process, greater flexibility is provided the developer, and greater oversight is afforded the City. This is being done because there are no builders or site plans identified for the site yet, but the developer is anxious to move forward in the process.

Bergman asked about berming requirements and gravel hauling access. Lovelace stated that berming will be up to the Carlton Lakes developer. He noted that Johnny Cake Ridge Road, currently the primary access for gravel hauling, would be extended as a nine-ton capacity road. Lovelace went on to say a semaphore at 153^rd and Pilot Knob would be needed before hauling could occur on that route. Reconstruction of Pilot Knob is expected to take place in 2003. Lovelace showed where pipelines have been relocated and where they remain to be relocated. The grade elevation of the future 153^rd Street is also an issue identified by Lovelace.

Peter Gualtieri, representing Astra Genstar, the petitioner, stated the process staff is recommending is very sensible and one they are comfortable with. He went on to say they are anxious to get to Step 2 wherein a Planned Development agreement will be drafted, and master plans for landscaping, utilities, etc. will be drawn.

Edgeton reminded the petitioner the Planning Commission in the past has held developers to their design concepts.

There was some discussion as to how development will occur, including future sales to builders and the retention of architectural controls by Astra Genstar.

Anthony Gleekel, attorney for Fischer Sand & Aggregate, referenced documents submitted in the packet: his letter dated December 14, letter to Tony Gleekel from Sunde Engineering, and letter to Mr. Gleekel from Dahlgren Shardlow and Uban. He stated any rezoning would be contingent upon execution of a Planned Development Agreement (PDA), and he felt it was critical to have input into the PDA process. He noted that Fischer's position is that Johnny Cake Ridge Road would be the gravel hauling access until their mining is done. He expressed concern about the lack of standards for the Conditional Use Permits within the Planned Development ordinance. He said that Sunde Engineering's comments report significant storm water issues. Finally, he stated that timing of improvements is critical, especially to traffic issues, and that during the EIS (in 1988) mining east of Pilot Knob was the most important element, and development like what is proposed on the west side of Pilot Knob was not anticipated within this time frame.

Melander asked how the timetables for the Carlton Lakes development match up with removal of sand and gravel. Gleekel said they would still be mining well past 2006, when the final phase is projected to occur.

Edgeton stated she also had concerns that neither the Planning Commission nor adjacent property owners have input to the PDA, and that it appears there are issues those parties need to agree upon.

Lovelace pointed out the current general location of Fischer Sand and Aggregate's batch plant. He also noted that the pond shown on the western side of the development needs to be constructed for storm water management in order for Phase I to proceed. Community Development Director Rick Kelley responded that the City would have to make decisions as to appropriate grades, etc. He agreed that issues relating to the status of sand and gravel mining operations and future development need to be discussed by the parties involved, and that the City could provide a presence for those discussions. Edgeton said she would like to see the City facilitate decisions being made.

Hadley asked if 153^rd Street construction would be part of Phase I. Lovelace answered that just a portion of the street would be. Lovelace went on to say that normally road construction occurs with development. It's possible that a partial section of 153^rd Street could be installed at Pilot Knob for hauling access, similar to the design of Johnny Cake Ridge Road south of C.R. #42 currently.

Blundetto said he was trying to understand the motives of the parties, asking if there was a relationship between Fischer's mining activities and the potential materials movement on the Williams property north of County Road 42. Gleekel responded that they are trying to preserve their assets, unrelated to activities north of C. R. #42.

Peter Fischer of Fischer Sand and Aggregate described what may have been his father's thought process in deciding not to begin moving their plant off the property under discussion. Fischer indicated they could probably pour footings for the ready-mix plant next spring. The wash plant has to be taken down and put back up.

Gordon Jensen, attorney for the Seed Family (owners of the property), stated that they served notice on January 14, 1999, to Fischers to cease operations by January 14, 2001, the lease end date. He went on to say he had seen no progress with removal of the equipment, and that there would be no more access except for removal of equipment after January 14, 2001.

Gualtieri said he would like to volunteer to bring the PDA to the Commission. Kelley noted that the Planning Commission could request of the City Council that the Commission be allowed to review the PDA. Gualtieri suggested an informal meeting and design charette to discuss the PDA, feeling that setting is more productive.

Edgeton asked Lovelace for staff's recommendation. Lovelace stated he would like to review the traffic report and other documents submitted, and allow the parties to talk to each other further about the issues; therefore, there is no recommendation at this time.

MOTION: Churchill moved, seconded by Hadley, to table this item until January 17, 2001. Motion carried 6-0.

Lovelace advised the Commission that this item be brought forward for review at a public meeting as required by the Rules of the Environmental Quality Board. He introduced Rob Bouta of Westwood Professional Services.

Bouta reported the proposed project involves the conversion of 180 acres currently being mined for gravel and of 183 acres currently agricultural. Scenario 1 is consistent with the Comprehensive Plan; air and noise levels would comply with standards; and road improvements and internal circulation design is intended to minimize impacts. He closed by stating the public comment period ends on December 27^th. Bouta clarified that detached housing refers to single family dwellings.

Jake Enebak of Traditions Development, the petitioner, said he would welcome the opportunity to sit down with the Planning Commission for input into the process. He noted they have a similar project in Blaine in the planning phase.

Assistant Planner Margaret Milton introduced the item.

Edgeton noted that these parcels were not specifically looked at in relation to the Comprehensive Plan update. Milton said that the vision was to leave the property designated low-density, the same as it is now, so the property was not brought into the discussion specifically.

Bergman asked about storm water runoff impacts to Farquar Lake. Engineer Keith Gordon stated the proposed rain garden limits the amount of water that runs to the lake to approximate what is there now. He went on to specify a boring of the soil in the rain garden will be needed to see that it can soak up the amount of water needed.

Edgeton stated she didn't think the parcel was appropriate for multi-family development. Melander concurred. Blundetto said he thought the proposal was too dense for that property.

Makeshwar Fip Motiall (Fip), the applicant, said he agreed that there are concerns with the lake. He stated the water quality of Farquar is not good, partially due to septic runoff. Fip suggested that his proposal would not put more water into the lake and that it would eliminate four septic systems, thereby improving the system. His opinion is that some leveling of the properties by grading would actually enhance the area.

Gary Tushie of Tushie Montgomery Associates, representing the applicant, distributed proposed design elevations and floor plans. He said they are looking at townhomes in the 250 to $300,000 range.

Milton confirmed that the septic system on Lot A is currently not in compliance.

Melander asked about plans for homes along Farquar to hook up to city services. Kelley said the City anticipates that ultimately all homes will be connected to sanitary sewer and water service.