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

Members Present: Karen Edgeton, Tim Burke (arrived at 9:00 p.m.), Tom Melander, John Bergman, Jim Hadley, Jeannine Churchill and Frank Blundetto.

Members Absent: None.

Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, Assistant Planner Kathy Bodmer, Assistant Planner Margaret Milton, Consulting Engineer Pat Wrase and City Attorney Sharon Hills.

MOTION: Melander moved, seconded by Blundetto, to approve the agenda as amended. The motion carried 6-0.

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

4. CONSENT ITEMS - None -

Edgeton opened the public hearing at 7:03 p.m. with standard remarks.

Assistant Planner Kathy Bodmer introduced the project.

The Commissioners posed questions regarding proof-of-parking and density bonuses. Edgeton asked what controls the City has if the building were to become market-rate apartments with a parking deficiency. More information was also requested on density bonuses and whether amenities not called out in the Code have ever been considered toward granting a density bonus.

Bergman suggested additional landscaping to the east to screen the parking area, and elimination of the 140^th Street access.

Melander asked about sidewalks. Bodmer said there would be sidewalks, and a pathway would be required on the north side along 140^th Street.

Dan Pellinen of Tushie Montgomery Architects, representing the petitioner, stated five people attended their neighborhood meeting. He listed several amenities for their congregate living facility, including a commercial kitchen for meal plans, library, beauty shop, grandparents room, workshop, dining/activity room, laundry. Pellinen stated their willingness to go down to 106 units to stay within the density requirements. He also said they are not opposed to a shared access on the east property line, and that a large grade difference doesn't allow an entry off Pennock. Pellinen went on to say the average age of residents is about 80 years, so the demand for parking spaces is much lower than in a market-rate apartment, and that the demand by the residents decreases as the residents and the facility age. The parking ratio of spaces actually used per unit is about .5-.7.

Melander wondered if it was possible to add a gable or something to dress up the view along 140^th Street.

Edgeton asked about deliveries for the commercial kitchen. Gary Tushie, also of Tushie Montgomery Architects, responded that deliveries are through the underground garage by van, no trucks.

Hadley wanted to know what other cities are doing for senior parking.

Tushie stated the building use will not change for at least 30 years because of their finance bonding requirements. Also, some of the qualifying bonus amenities do not apply to senior facilities, such as extra storage space in garages, so they are asking that bonuses be granted for the specialized senior amenities instead.

Hadley asked how the HRA housing project by the transit hub handled the parking issue. Community Development Director Rick Kelley said that planned development allowed for senior housing and relaxed parking stall requirements.

Dallas Karl of 13989 Granada Court said his only concern is the exit onto 140^th Street. He agrees it should be placed further east.

There being no public comments, Edgeton closed the hearing at 7:30 p.m.

Lovelace introduced the item. He noted the applicant has agreed to construct the screening wall using brick.

Edgeton asked if the traffic consultant had looked at the plan. Lovelace replied that the consultant had and found this orientation better than the original plan.

Edgeton said she was not comfortable with the south elevation. Hadley suggested adding a gable like is on the front of the building.

Scott Teigen of Kwik Trip stated they would have preferred an attached car wash, but detaching it was necessary to meet the setbacks and to allow cars to line up straight. He described the rear elevation as two-tone brick that does contribute definition. He said he liked the idea of false windows and the gable, and that he will work with staff on the landscaping.

MOTION: Hadley moved, Melander seconded, to approve a Conditional Use Permit to allow motor fuel sales in conjunction to a convenience store on Lot 2, Block 1, Fischer Market Place subject to the following: (a) no more than ten pump islands shall be allowed; (b) a skimmer should be installed in the storm water collection system to handle potential hazardous waste spills. Motion carried 6-0.

MOTION: Hadley moved, Melander seconded, to approve a Conditional Use Permit to allow a single bay car wash in conjunction with and accessory to motor fuel operations on Lot 2, Block 1, Fischer Market Place. Motion carried 6-0.

MOTION: Hadley moved, Melander seconded, to approve the site plan/building permit authorization for 3,972 square foot convenience store, 1,798 square foot car wash, and 4,800 square foot pump island canopy, subject to the following: (a) the most easterly driveway along Florence Trail shall be relocated so that it straddles the east property line; (b) the mechanical systems screening wall and trash enclosure shall be constructed of the same materials as the primary structure; (c) a variance be granted to allow the car wash to be detached from the primary structure due to the hardship created by the change in orientation of the primary structure; (d) work with staff to provide false windows and a gable roof on the southern building elevation. Motion carried 6-0.

Lovelace introduced the item and reviewed the public hearing comments.

Bill Diedrich, the petitioner, stated most of their clientele are empty nesters. Price range of the units will be $160,000-$240,000. He also said the guest parking spaces were to have been distributed more evenly, but that change was mistakenly omitted from the plan revision.

Bergman stated he doesn't think the proposal is consistent with the area, that everything south of 132^nd on Galaxie is R-3, and that M-3C is not appropriate.

Blundetto said he feels the development is appropriate.

Joine Philhauer-Hirner of 133^rd and Galaxie stated the parcel should be single family, that other area multi-family are not well maintained. She wanted to know about preservation of trees, on-site management, building setbacks and screening from Galaxie.

Diedrich said a homeowners association will maintain the property. Lovelace responded to the other queries.

Hunt Gildner provided a little zoning history of the area, repeated his opposition to the project, and asked about sidewalks. Lovelace replied that the sidewalk along Galaxie Avenue would be pushed back with this development as part of the public improvements.

There was some discussion about traffic warrants in determining signals and sign placement.

Phyllis Carlson of 132^nd Street asked if the exit from Williamsburg Townhomes to Galaxie Avenue will be eliminated with the Dahle Brothers Townhomes development.

Lovelace noted the city attorney is working with the school district to acquire drainage and utility easements needed.

Churchill asked if the city had given any consideration to acquiring this parcel for parkland. Lovelace replied negatively, citing the criteria used for park placement. Churchill asked if any other proposals for this parcel had been received. Staff replied there had been inquiries, but even those were related to multi-family.

MOTION: Blundetto moved, seconded by Churchill, to recommend approval of rezoning from "R-1" to "M-3C". Motion carried 5-1 (Bergman)

MOTION: Blundetto moved, seconded by Churchill, to recommend approval of the preliminary plat as submitted, subject to: (a) a blanket drainage and utility easement shall be dedicated over all of the common area on the final plat; (b) the north 34 feet of the site shall be dedicated on the final plat as right-of-way for 132^nd Street West; (c) drainage and utility easements shall be dedicated on the final plat over all utility extensions; (d) incorporation of the triangular piece of property, located along Galaxie Avenue, into the final plat.. Motion carried 5-1 (Bergman)

MOTION: Blundetto moved, seconded by Churchill, to recommend approval of the site plan/building permit authorization, subject to: (a) installation of a temporary turnaround at the end of the private street during the first phase of building construction; (b) the vertical exposed exterior finish of each building shall consist of at least 50% of non-combustible, non-degradable, and maintenance-free construction materials, such as face brick or natural stone; (c)re-distribution of the northeast guest parking stalls. Motion carried 5-1 (Bergman).

Lovelace introduced the item.

Commissioner Tim Burke arrived at 9:00 p.m.

Lovelace noted the site plan reflects movement of the buildings 60 feet south to better accommodate existing grades. He also reviewed proposed development in the South Central Planning Area, of which this proposal is part. Lovelace confirmed the siding material proposed does meet City Code and that greenspace is 56%.

Hadley asked what roads would service the site. Lovelace stated Arcon plans to develop the southeast quadrant first, and Flagstaff Avenue and 153^rd Street are expected to be at least partially constructed to serve the first phase.

Churchill expressed concern with loading buildings on the south side of the City without access from the north for fire protection. Larry Frank of Arcon Development, the petitioner, said they are looking at two phases -- the east side first with Flagstaff Avenue and half of 153^rd Street to be constructed. Their hope is to complete the 153r^d Street extension to Galaxie Avenue next year.

MOTION: Churchill moved, seconded by Blundetto, to recommend approval of rezoning from "A" (Agricultural) to "PD" (Planned Development). Motion carried 7-0.

MOTION: Churchill moved, seconded by Blundetto, to recommend approval of the preliminary plat, subject to the following: (a) blanket drainage and utility easements shall be dedicated over all of the common areas on the final plat; the drainage easement for the North Tributary of the Vermillion River shall be relocated as part of the final plat approval. Motion carried 7-0.

MOTION: Churchill moved, seconded by Blundetto, to recommend approval of the site plan/building permit authorization, subject to revision of the landscape plan to reflect the Natural Resources Coordinator's comments. Motion carried 7-0.

Assistant Planner Margaret Milton introduced the item and reviewed the public hearing comments.

Blundetto asserted that although there are several restaurants in town (in reference to the list generated by staff), there is not an upscale restaurant located in Apple Valley yet.

MOTION: Melander moved, seconded by Bergman, to recommend approval of rezoning of the parcel from "PD-244, zone1" to "PD-244, Zone 2. Motion carried 7-0.

MOTION: Melander moved, seconded by Bergman, to recommend approval of rezoning of the site plan/building permit authorization for an approximately 13,440 square foot retail building, subject to the following: (a) reduced parking lot setback from the western property line from the required 20 feet to 15 feet; (b) reduced parking lot setback from the southern property line from the required 20 feet to 2.5 feet; (c) reduced setback of proposed pylon sign from an existing major anchor sign from the required 300 feet to 200 feet. Motion carried 7-0.

Lovelace introduced the item and reviewed the public hearing comments.

Bob Bieragel of Aggregate Industries stated they now would not be requesting a primary crusher. They will use the same equipment as they have used for the past three years: two grizzly screens each fed by a loader. He showed some results of an environmental review of another of their sites with an operation very similar to their operation in Apple Valley. It included sound levels for stationary and mobile noise sources, with the conclusion that noise generation levels are well below Minnesota Pollution Control Agency standards.

MOTION: Burke moved, seconded by Hadley, to recommend approval of the amendment to the existing Conditional Use Permit for Aggregate Industries, Inc. (formerly CAMAS Minnesota, Inc.) to allow for gravel mining in Area No. 1, subject to: (a) all conditions set forth in the existing CUP will be strictly adhered to; (b) the mining of the Dodd Boulevard road bed shall not commence until the completion of the reconstruction of the Pilot Knob/County Road #42 intersection; (c) no vehicular access will be allowed to the site from Pilot Knob Road. Motion carried 7-0.

MOTION: Burke moved, seconded by Hadley, to recommend approval of an amendment that incorporates Area No. 1 and No. 2 into the Aggregate Industries, Inc. end use plan for existing sand and gravel mining operations. Motion carried 7-0.

MOTION: Burke moved, seconded by Hadley, to recommend approval of an amendment to the Comprehensive Plan Map to add a temporary Sand and Gravel Overlay designation to Area No. 2. Motion carried 7-0.

MOTION: Burke moved, seconded by Hadley, to recommend approval of rezoning Area No. 2 from "P" (Institutional) to "SG" (Sand and Gravel). Motion carried 7-0.

MOTION: Burke moved, seconded by Hadley, to recommend approval of a Conditional Use Permit to allow sand and gravel mining in Area No. 2, subject to: (a) no vehicular access from Pilot Knob Road; (b) extended hours for mining operations to occur from 6:00 a.m.-9:00 p.m. Monday through Friday, and 7:00 a.m.-5:00 p.m. Saturday; (c) all applicable performance standards set forth in the City's zoning code shall be strictly adhered to. Motion carried 7-0.

MOTION: Bergman moved, seconded by Hadley, to recommend approval of the park-closing ordinance. Motion carried 7-0.

MOTION: Bergman moved, seconded by Hadley, to re-elect all current officers.

MOTION: Churchill moved, seconded by Burke, to close nominations. A unanimous ballot was cast for Karen Edgeton as Chair, Frank Blundetto as Vice Chair and Tom Melander as Secretary.

MOTION: Blundetto moved, seconded by Bergman, to adjourn. The motion carried 7-0. The meeting was adjourned at 10:04 p.m.