1. CALL TO ORDER

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, John Bergman, David Schindler, James Hadley, Jeannine Churchill, Tim Burke and Tom Melander

Members Absent: None

Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, City Attorney Sharon Hills, Assistant Planner Maggie Milton Dykes, Assistant Planner Kathy Bodmer, and Assistant City Engineer Jacob Fick

2. APPROVAL OF AGENDA

Edgeton asked if there were any changes to the Agenda. There being none, she called for its approval.

MOTION: Burke moved, seconded by Hadley, to approve the Agenda. The motion carried 7-0.

3. APPROVAL OF MINUTES OF NOVEMBER 6, 2002

Edgeton asked if there were any changes to the minutes. There being none, she called for their approval.

MOTION: Burke moved, seconded by Bergman, to approve the minutes. The motion carried 7-0.

4. CONSENT ITEMS

None.

5. PUBLIC HEARINGS

A. Apple Valley Water and Distribution Plan - Consideration of Updated Plan

Chair Edgeton opened the public hearing with the standard remarks.

Community Director Rick Kelley informed the Commission that this item is an amendment to the City's Comprehensive Plan. He then introduced Carol Blommel, Public Works Supervisor of Utilities, who presented an update of the City's Water Supply and Distribution Plan.

Blommel gave a Powerpoint presentation of the City's existing water system and future plans for updating the water and distribution system for Apple Valley. Blommel's presentation included an overview of the water system, tour of the treatment plant, water use, conservation, emergency preparedness, fire rating, and expected growth for Apple Valley.

Commissioner Bergman asked why there isn't an even/odd day sprinkling band in Apple Valley as in other nearby areas. Blommel responded that there is a daily restriction from 1-8:00 p.m. that has been very effective in restricting water use and has worked better rather than the even/odd day restriction. Commissioner Bergman also questioned the reason for adding wells and is it due to growth. Blommel responded that the addition of wells is due to the demand in growth.

Commissioner Melander thanked Blommel for her presentation and stated that he was very impressed with her report. He asked Blommel if there is an analysis of drinking water standards. Blommel stated there is a Consumer Confidence Report sent to residences in July. Commissioner Melander also asked if there has been any depletion of the acquifer. Blommel stated there have been no significant problems to date.

Commissioner Churchill asked if the City in light of current events has addressed the issue of sabotage. Blommel stated the City has added security alarms on all of the wells and ladders that lead to the wells. In addition, by 2003, the City, by federal mandate, will be required to look at the vulnerability of the wells.

Chair Edgeton asked if there was anyone from the public wishing to address the Commission and if so, they may do so at this time. No public comments were received. Chair Edgeton closed the public hearing.

MOTION: Commissioner Burke moved, seconded by Hadley, to approve the 2002 Water Supply and Distribution Plan. The motion passed 7-0.

B. Christ Church - Interim Use Permit to Allow for Placement of a Temporary Office Trailer

Chair Edgeton opened the public hearing with the standard remarks.

City Planner Tom Lovelace presented the request from Christ Church requesting approval for an interim use permit to allow for the temporary placement of a 28 ft. x 72 ft. (2,016 sq. ft.) modular office building for two years on their property.

Lovelace reported that the need for the temporary office would be to replace the church facility's existing office space, which is proposed to be converted to become part of the church's currently undersized entry. Extended need for the temporary office is due to the proposed expansion of the church's current facility that will include new office space, classrooms, and a "family life center." Construction of the expansion is expected to be completed within the next two years. The Church is requesting use of the temporary building until 2004 or upon completion of their expansion, whichever comes first. Lovelace reported that access to the trailer would be from the existing building via a covered walkway, which will be handicapped accessible.

Lovelace reported that GE Capital, the provider of the temporary structure, indicates vinyl skirting as an option. Since the structure will be located adjacent to single family residential, efforts will be made to make the structure look as aesthetically pleasing as possible. Lovelace reported the temporary structure will be approximately 100 feet from the south property line and a minimum of 135 feet from the back of any dwelling units located south of the church property. The site plan also indicates the temporary trailer, during the remodeling of the existing office space, will be on the future site of the "family life center." Plans have not been submitted that identifies the location of the trailer during the construction of the "family life center."

Commissioner Bergman was concerned about aesthetics of the trailer since it would be adjacent to a single-family residential area and due to the length of time the building is proposed to be on the property. Bergman also suggested the Commission might want to think about setting standards and conditions for these temporary structures since the requests for these types of structures are increasing.

Commissioner Hadley was concerned about the position/location of the temporary structure and whether or not it would be feasible to place it in another location on the property.

Chair Edgeton was concerned about the distance between the structure and Johnny Cake Ridge Road. Edgeton is also concerned about the aesthetics of the building, particularly due to the length of time it is proposed to be on the property.

Tim Gillette and Pastor Tyrone Williams, representing Christ Church, addressed the Commission. Chair Edgeton informed them that she would like to see photographs of the building. Williams informed Edgeton that he has requested pictures and that the building is more attractive than the picture in the packet of information distributed to the Commission. Commissioner Churchill asked the petitioners how long the structure would be at each location. The petitioner responded that it will be on the original location for 1.5 years and then moved to a different location on the property for an additional 6 months.

Commissioner Schindler reiterated the need to see an actual picture of the structure and the exact location on the property.

Chair Edgeton asked if there were any comments from the public, and if so, they may address the Commission at this point. No comments were received.

Chair Edgeton closed the public hearing with her standard remarks.

C. Blomquist Eye Clinic - Subdivision and Site Plan/Building Permit Authorization for Eye Clinic

Chair Edgeton opened the public hearing with her standard remarks.

Assistant Planner Margaret Dykes presented the request from Dr. Robert Blomquist to subdivide an existing four acre parcel into one lot and one outlot an construct and approximately 5,000 sq. ft. office building. Dykes reported the property is currently platted at Outlot A, Bakken 1st Addition. The applicant wishes to subdivide the existing four acre parcel into one lot and one outlot. Lot 1 would be approximately 1.3 acres and the outlot 2.8 acres.

Dykes reported the 5,041 sq. ft. medical office building would be located on Lot 1. The building and parking areas meet all required setbacks. The building is approximately 140 ft. from the nearest residence to the north. The building mechanicals are not indicated on the construction plans. Dykes has informed the applicant that these need to be indicated on the site plan and appropriately screened. The site plan shows room for a 1,400 sq. ft. future expansion. If the building were expanded in the future, the total area of the building would be 6,441 sq. ft. The required number of parking spaces of the proposed building is 34 spaces and 43 spaces with the future building. The proposed plan shows 51 parking spaces.

Dykes reported a 6' high berm runs along the entire west side of the property as required by the zoning ordinance. The berm would screen headlights from the parking lot. A trash enclosure is shown on the north west side of the parking lot, and will be constructed of the same materials as the building.

Dykes reported the proposed building could generate up to 172 vehicle trips per day. Access to the building is from 147th Street. No access to the site will be gained from Guthrie as per the zoning code. The driveway meets all City requirements and is located approximately 100' from the Wal-Mart driveway that accesses 147th Street. The City Engineer does not have any issues with the spacing of the driveway.

The building elevations show a 20' high structure, which is the maximum height allowed by the zoning code. The building is composed of veneer and EFIS, with a cobblestone base repeated on all for sides of the building, and a metal roof which must be anodized or coated so that is it non-reflective. The south, east, and west elevations have columns and gables as an architectural feature.

Chair Edgeton had concerns about residents facing the parking lot and questioned why the site plan is not north rather than east. Commissioners Bergman and Churchill also suggested relocating the building to the north and leaving the expansion space on the east side. Dykes stated that if this is a concern of the Commission, she would be willing work with the petitioner and see if something can be done.

Commission Bergman was concerned about the metal roof since most roofs in that area are shingle.

Commissioner Schindler brought up the issue of the parking lot and the fact that it faces residences. In addition, he thought there should be a better location for the garbage.

Commissioner Hadley suggested putting a berm in and reducing the number of parking spaces.

The petitioner, Dr. Robert Blomquist, and Joel Cooper, from James R. Hill, Inc., the architect for the project, addressed the Commission. Dr. Blomquist stated that he was willing to address the concerns of the Commission in so far as shifting the building around but he would like to avoid decreasing the number of parking spaces in order to accommodate his future expansion plans. Cooper also indicated that an existing sewer line might prevent the building from being shifted.

Commissioner Bergman pointed out that all 4 sides of the elevation are not equal as stated in the ordinance. Bergman would like to see them equal.

Chair Edgeton asked if anyone from the public would like to speak and that they may do so at this time.

Mel Lovejoy, 14718 Guthrie, addressed the Commission. He is concerned that headlights from the cars in the parking would be facing his home. He would also like to see a 6' berm installed as part of the plan to alleviate this problem and to screen the area somewhat.

Tony Rambaum of 14721 Guthrie, stated that he would like to see a berm and trees installed.

Chris Amico, of 14737 Guthrie, lives in the nearby townhomes and is concerned about the view of the lot from his townhome, and the location of the garbage.

Sandy Whidey, 7933 147th Street, is opposed to shifting the building around as an option because it would then have an impact on the view from her townhome. Whidey is also concerned about the increase in traffic.

Marcy Lovejoy, 14718 Guthrie, would like to see a thick berm installed.

Assistant Planner Dykes stated she would meet with the petitioner and address the issues and concerns from the Commission and the public.

Chair Edgeton closed the public hearing with her standard remarks.

6. A. LAND USE/ACTION ITEMS

Shepherd of the Valley Lutheran Church - Interim Use Permit to Allow for Placement of a Temporary Classroom Building (Tabled at the Request of the Petitioner)

B. Front Yard Setback for House Addition

Margaret Dykes, Assistant Planner, presented the request from Craig Westerberg for a variance to reduce the front yard setback from the required 30 feet to approximately 13 feet for a house addition.

Dykes reported the property is located at 141 S. Surrey Trail, in the Lebanon Hills 1st Addition. The property is zoned R-2 (Single family with a minimum lot size of 18,000 sq. ft.) which requires a front setback of 30. The existing house is approximately 28 feet from the front property line. The applicant is requesting a variance for an approximate 880 sq. ft. addition, of which approximately 365 sq. ft. will encroach 17 feet into the front setback. The addition will create a new master bedroom suite and a subgrade family room. The footprint of the existing house is 2,661 sq. ft. including the garage. With the addition, the footprint will be approximately 3,625 sq. ft. Total property owned by the applicant is .81 acres.

Dykes reported the lots faces unimproved right-of-way (ROW) for South Surrey Trail. The driveway is constructed in the unimproved ROW that does not meet City standards. Because the unimproved ROW provides access to a single family lot (153 South Surrey Trail), the City cannot vacate the ROW. The City does not anticipate improving the ROW adjacent to the Westerberg property, although there always remains a possibility.

Dykes reported the site is sloped and there may be up to six (6) trees that will be removed for the proposed addition, three (3) of which are considered significant. The Natural Resources Management Ordinance requires a one-for-one replacement. If the project is approved, the applicant will be required to submit a Natural Resources Management Permit. The City Engineer has reviewed the proposal and has no outstanding issues.

Dykes reported that these improvements to the existing house fits in with the City's Comprehensive Plan. Property owners to the northeast and southeast have signed letters stating they have no issues with the variance request.

Dykes stated staff finds the variance request justifiable because the house is angled on the lot in such a way that limits the placement of an addition. Also, because the addition will be located near unimproved ROW, the variance would not have a significant impact on neighboring properties, and therefore, she is recommending approval.

Maria Westerberg, the petitioner, and her architect, Britt Willis, of Design Classics, addressed the Commission. The general consensus of the Commission was opposition to granting the 13 feet house addition. Commissioner Churchill stated her opposition was not the impact of the Westerberg's property but how the variance would affect the entire area. The Commission raised the issue of possibly revising the site plan so the front yard setback would not have to be significantly reduced. The Commission also voiced concerns about the potential of neighboring lots being subdivided and how that would impact the variance request.

The Commission informed the petitioner that a 20 ft setback might be a more reasonable request but the general consensus of the request for a 13 ft. setback would probably not be in their favor. Dykes stated that she would work with the petitioner to revise the plans and see if they can come up with a more acceptable request. This item will be tabled until a future meeting.

C. Eastwood Ride NRMP - Amendment to Eastwood Ridge Natural Resources Management Permit to remove Hill and Thirteen (13) Trees

Assistant Planner Kathy Bodmer presented the request for Bill Dietrich of Dietrich Builders, Inc., to amend the NRMP for Lot 16, Block 1, Eastwood Ridge.

Bodmer reported that Lot 16 was designated on the approved NRMP as a custom lot requiring a custom designed home to work with the natural features on the site. The approved plan required that 13 trees and a tall hill on the north side of the site be preserved. Dietrich is requesting an amendment to the NRMP to remove the hill and 13 trees to construct a single family home.

Bodmer reported the Eastwood Ridge development was reviewed and approved by the City in the summer of 1999.

Bodmer reported the petitioner wishes to remove the hill and 13 trees in order to construct a 58' wide home and a 3 car garage. The applicant informed Bodmer that the approved plan would require the construction of a large retaining wall close to the home and could lead to water and ice problems, making it hazardous for children. Therefore, the applicant is proposing to construct the home with the garage on the north side of the lot to screen the home from 132nd Street.

Bodmer reported the Natural Resources Coordinator, Jeff Kehrer, has reviewed this request. Kehrer found that the 13 saved trees are predominantly Norway Pines, 30 to 40 feet tall, with a diameter of 8 to 10 inches. Kehrer states that these trees have shallow roots and are therefore, susceptible to being blown over by the wind. He states it may be preferable to remove the trees and hill, establish a 4' high berm, and then replant the area with Black Hills Spruce. This would re-establish a screen from 132nd Street and would replace the removed plantings with deeper-rooted types of trees.

Bodmer stated the 13 saved trees indicated on the approved plans helped the developer receive approval for the development. Forcing the developer to create a uniquely designed home to fit the difficult topography of the lot when the trees on the lot are a potential future threat to the home does not make sense. However, since the developer committed to saving these trees and hill, Bodmer believes that replacing the trees and hill in a way that continues to provide a screen to 132nd Street is necessary. Therefore, Bodmer is recommending approval of the request to remove the hill and 13 saved trees with the condition that a berm is established and trees are replaced at a 1 to1 ratio.

Bill Dietrich, the petitioner, addressed the Commission. Dietrich presented a proposed plan he had which included the removal of 13 trees the addition of a berm, replacement 8 trees, and arranging the trees to allow a view of the pond. He also proposed putting additional trees on other lots in the development. Dietrich had a petition signed by residents of Grand Oak Court indicating they were in favor of removing the trees.

Bodmer distributed a handout to the Commission that listed some options for removal and replacement of the trees and hill that were developed by the City's Field Engineer.

MOTION: Commissioner Churchill moved, seconded by Hadley, to approve the amendment to the Eastwood Ridge NRMP for Lot 16, Block 1, to allow the removal of 13 "saved" trees and the removal of the hill on the north side of the lot with the following conditions:

· The home shall be shifted south so that it is 10' from the property line.
· The petitioner shall install a berm along the entire length of the north side of the lot. The berm must be a minimum of 2' above the garage floor level.
· The petitioner shall plant 13 replacement trees on the lot, with 10 of the trees Black Hills spruce, planted in two staggered rows, 10' to 12' on center. The three remaining trees may be either 6' coniferous or 2-1/2" deciduous trees planted anywhere on the balance of the lot.

The motion carried 7-0.

7. OTHER BUSINESS

A. Consider Adoption of Meeting Calendar for 2003

Community Director Rick Kelley presented a copy of the proposed meeting dates and application deadlines for 2003 based upon the normal schedule of the Planning Commission meetings on the first and third Wednesdays of each month.

MOTION: Commissioner Churchill moved, seconded by Hadley, to adopt the 2003 Planning Commission Meeting Calendar. The motion passed 7-0.

8. ADJOURNMENT

MOTION: Commissioner Hadley moved, seconded by Schindler, to adjourn the meeting at 9:54 p.m.