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 7:13), Frank Blundetto, John Bergman, Jim Hadley, Tom Melander.

Members Absent: Jeannine Churchill.

Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, Assistant Planner Margaret Milton, Consulting Engineer Keith Gordon, City Attorney Sharon Hills, Secretary Nelda Werkmeister.

Community Development Director Rick Kelley added item 7C, Set Hearing for City's Capital Improvements Program.

MOTION: Melander moved, seconded by Hadley, to approve the agenda as amended. The motion carried 5-0.

MOTION: Hadley moved, seconded by Bergman, to approve the minutes as presented. The motion carried 4-0 (1 abstention-Melander).

MOTION: Melander moved, seconded by Bergman, to approve the proposed resolution finding that the acquisition of this real property for stormwater holding purposes is consistent with the Apple Valley Comprehensive Plan. The motion carried 5-0.

Edgeton opened the public hearing at 7:05 p.m. with standard remarks.

Community Development Director Rick Kelley introduced the item.

Bergman asked about outside recreation area requirements for daycare. Kelley noted that "BP" does not provide for manufacturing or fabrication, so the impacts of adjacent businesses are not considered significant.

Since there were no comments from the public, Chair Edgeton closed the public hearing at 7:09 p.m.

MOTION: Hadley moved, seconded by Bergman to approve the proposed "BP" zoning ordinance amendment to provide for church and daycare uses as conditional uses. Motion carried 5-0.

Edgeton opened the public hearing at 7:12 p.m. with the standard remarks.

Kelley introduced the item.

Bergman asked about a schematic for an outside play area. Kelley explained that the play area would be construed as an accessory use to the daycare, and that such a use is not specifically addressed in any of the zoning districts but has always been construed to be allowed.

Rob Ketterling of River Valley Church, the petitioner, described the proposed outdoor recreation site for the daycare.

MOTION: Burke moved, seconded by Hadley to approve a conditional use permit for a church use on Lot 1, Block 1, Valley Business Park. Motion carried 6-0.

MOTION: Burke moved, seconded by Hadley to approve a conditional use permit for a daycare use on Lot 1, Block 1, Valley Business Park, with the condition that the playground area design be reviewed by staff and forwarded to the City Council. Motion carried 6-0.

Edgeton opened the public hearing at 7:27 p.m. and declared it continued without comment. A rezoning of the property is needed, so the public hearing notice will be amended and republished.

City Planner Tom Lovelace introduced the item. He clarified that site plan/building permit authorization is not a requested action for this item.

Melander asked if lowering Birger Pond required mitigation. Lovelace explained that the pond elevation has risen over the years due to some stormwater pumped into it by the City of Rosemount. The plan now calls for the pond to be returned to its original level, so no mitigation is necessary.

Melander also asked about parkland dedication. Lovelace noted that Huntington Park serves as the neighborhood park for that area, and that any construction of an active play area was determined to be detrimental to the natural area of this site.

Edgeton asked why Birger Pond was being annexed. Lovelace answered that for simplicity sake that would allow the entire pond to be under one jurisdiction. Kelley also noted that by annexing the pond, the areas to be annexed by Apple Valley and Rosemount are more equitable. (Valleywood Golf Course will be annexed to Apple Valley.)

Homer Tompkins, President of Contractor Property Developers Co., said it seems unfair to have to pay park dedication based on the gross acreage with all the open space in its natural state being available to the public.

Lovelace introduced the item. He added he would like to see sidewalk on one side of Street A.

Dwight Jelle of Westwood Professional Services, representing the petitioner, showed a large-scale building footprint, noting there are different garage setbacks and varied front and side-loaded garages. The petitioner would like to work with staff on the sidewalk request, pointing out there is a trail on Diamond Path, on Evermoor Parkway, and behind Street A. He went on to say they would prefer on-street parking. Because of the constraints of the wetlands and topography, installation and space for a sidewalk is more difficult. Jelle showed a guest parking plan consisting of 9 off-street stalls and 23 on-street stalls.

Blundetto stated he wants to see a sidewalk. Edgeton said she was not comfortable acting on the item without sidewalk and guest parking issues resolved.

Lovelace concluded that a sidewalk seems even more important if on-street parking is to occur.

Terry Wensmann of Wensmann Homes said that most units would have 3-car garages, which of course would yield a larger parking area. He said the lot lines had been adjusted to align with the city borders, and that most of the units are walkouts.

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

Assistant Planner Margaret Milton introduced the item.

Hadley stated he thought the owner had said he would not build on the northern lot. Kelley said a conservation easement was discussed, but it was felt with site plan review and the Natural Resources Management Permit that there would be adequate oversight.

Burke asked if there was a 3-foot setback to the road anywhere in the city.

Blundetto stated the petitioner needs to come up with a better plan, that he cannot support the variances. All the Commissioners agreed on the assessment.

John Duffy of Duffy Development said they thought this style of building would be better on the site. He went on to say the sketch was only a concept, and that they would not ask for a variance to allow a 3-foot setback to the road.

Lovelace introduced the item.

Edgeton asked what happened to the mixed use idea to include some neighborhood commercial. Lovelace responded that none of the retailers contacted have seen the site as a viable location.

Hadley clarified that no garage units are seen from the through street except for the townhome units on the end.

Edgeton said the townhome units is a great idea and adds character to the building.

Overall the Commission responded favorably to the plan.

Bob Franzen of Timberland Partners stated they were trying to address the rental housing shortage by providing both upscale townhomes and market-rate apartments.

Gary Tushie, architect for the project, pointed out the design of the greenbelt to serve as a pedestrian connection. They've also incorporated on-street parking and sidewalks on both sides. As for building materials, there would be siding on the ends where the townhomes are. Brick, stone and stucco will also be used in groupings.

Edgeton stated she would like to see a color rendering of the garages. Tushie stated the design and location of the detached garage buildings give a carriage-house effect.

MOTION: Burke moved, seconded by Bergman, to set a hearing for June 7 to review the proposed Capital Improvement Program. Motion carried 5-0.

MOTION: Burke moved, seconded by Bergman, to adjourn. The motion carried 5-0. The meeting was adjourned at 8:57 p.m.