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

Members Absent: None

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

2. APPROVAL OF AGENDA

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

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

3. APPROVAL OF MINUTES OF MAY 1, 2002

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

MOTION: Hadley moved, seconded by Churchill, to approve the minutes as presented. The motion carried 7-0.

4. CONSENT ITEMS - None.

5. PUBLIC HEARINGS

A. The Legacy of Apple Valley Comprehensive Plan Amendment, Rezoning, and Preliminary Plat

Assistant Planner Maggie Milton Dykes presented the request from The Hartford Group for a Comprehensive Plan amendment, rezoning, and a preliminary plat. Ms. Dykes reported that The Hartford Group requesting the Comprehensive Plan Amendment, a rezoning and preliminary plat approval in order to subdivide a 27.43 site into 11 lots and two (2) outlots for a mixed-use development. The site is generally located southeast of the intersection of Galaxie Avenue and 153rd Street. The site is part of the Galaxie Avenue/153rd Street Small Area Plan, which encompasses approximately 65 acres of undeveloped land located between County Road 42 and 155th Street West and between Garrett and Foilage Avenues. Dykes reported that an Environmental Assessment Worksheet (EAW) was completed for this development and the City Council determined that an Environmental Impact Statement (EIS) was not necessary. The site is presently guided in the Comprehensive Guide Plan as "C" (Commercial). The petitioner is requesting a redesignation to "MIX" (Mixed Use). The site is currently zoned "GB" (General Business) and "P" (Institutional). The applicant is requesting a zoning change to "PD" (Planned Development). Dykes reported that the site does meet the area requirements for a planned development district.

Dykes stated that the subject parcel is 27.93 acres, minus the right-of-way and ponding easements , making a net area of 23.85 acres. The Hartford group is proposing to divide the area into 11 Lots and 2 outlots. Lots 1 and 3 will be used for apartment buildings, lot 2 for townhouses, and lots 4-10 for commercial buildings, and Lot 11 will be used for a parking lot.

Dykes reported that Planning staff remains concerned about parking. Parking seems to be on the low end but staff are looking to see if it fits the area. If not, some of the buildings will have to be downsized in order to accommodate parking. Edgeton questioned what formula is used in determining parking. Dykes stated that the formula used for parking is 2.5 spaces per unit for residential uses. Dykes indicated that she felt the space allowed for 3 restaurants (24,000 sq. ft.) might be on the high side and that if space is not used, it could be freed up for parking. Dykes also indicated that she is checking with other areas with similar developments to see what their parking allowance is. Commissioner Churchill asked if parking is an issue as a whole or are there certain areas that specifically raise concerns. Dykes indicated that staff are most concerned about parking for the 311 apartment units, and the commercial retail space of 37,650 sq. ft. All other areas seem to be within staff's recommendations. Members of the Commission questioned why there aren't two levels of underground parking vs. one, in order to accommodate more parking. Dykes stated there is a water table issue and therefore, only one level of underground parking is feasible.

The petitioner, Bill Griffith, from the Hartford group, addressed the Commission regarding some of their concerns. He indicated that in regard to parking, he feels that 2.5 spaces/unit is high and that most communities use 2 spaces for residential uses. He also feels that for the senior development, one space/unit can be used. In addition a 25-35% efficiency factor for shared use can be put in the formula. He indicated that if necessary, after doing further analysis on the parking, the project could be downsized, rather than squeezing more parking into the project.

Griffith then commented on some of the major improvements of the development, including, but not limited to the one-way coupler that improves the function of the streets, the water feature elongated and moved to the north to allow green space and view sheds, walkable space, and the townhomes redesigned to meet MSA Road Standards.

Dykes indicated there is also a retaining wall along the pond in the development and Commissioners questioned who will pay for the maintenance of the wall. Dykes indicated that if the wall is within an easement, the City pays for the maintenance. If not in an easement, the wall could be maintained as a special service district and maintained through shared costs from users in the development, on a parity basis.

Dykes reported that a public hearing was opened for this item on February 20, 2002, during which no comments from the public were received. Dykes is recommending that the Commission receive any additional comments tonight and close the public hearing. If no adverse comments are received, Dykes is recommending the Commission approve staff's recommendations as outlined in her report.

Edgeton opened the public hearing with the standard remarks. No comments were received from the public.

MOTION: Churchill moved, seconded by Hadley, to recommend approval of a Comprehensive Plan amendment redesignating the subject site from "C" (Commercial) to "MIX" (Mixed Use). The motion passed unanimously 7-0.

MOTION: Churchill moved, seconded by Hadley, to approve the rezoning of the subject site from "GB-1" (General Business) and "P" (Institutional) to "PD" (Planned Development), subject to a completion of a parking analysis that satisfies City staff and the ordinance requirements. The motion passed unanimously 7-0.

MOTION: Churchill moved, Hadley seconded, to recommend approval of the preliminary plat subdividing the subject site into 10 lots and 2 outlots subject to approval of the comprehensive plan amendment and rezoning, with the following conditions:

a. 153rd Street West must be dedicated as a one-way coupler system as required by the 153rd Street/Galaxie Avenue Small Area Plan.
b. Trailways and sidewalks that comply with City standards must be constructed on the 153rd Street W. coupler system, Galaxie Avenue, Foilage Avenue, and on internal streets as required;
c. No building construction may begin until the City approves Site Plan Review/Building Permit Authorization for each structure in a particular phase.
d. No grading may commence until the City authorizes a Natural Resources Management Permit.
e. Engineering designs and calculations must be completed to ensure that complete infiltration of a 0.5-inch rainfall event will occur over the project site in aggregate.
f. Merge pond lot (Lot 11) with a lot containing a building.

The motion passed unanimously 7-0.

B. ABRA Auto Body - Conditional Use Permit for Outdoor Storage and Site Plan/Building Permit Authorization

Maggie Dykes, Assistant Planner, presented the request from ABRA Auto Body for a conditional use permit for outdoor storage of vehicles and site plan/building permit authorization. Dykes reported that ABRA wishes to construct a 17,700 sq. ft. building for auto repair and accessory installation at the southwest corner of 151st Street and Galaxie Avenue. The property is zoned "PD-254", which allows for commercial uses similar to those found in the "General Business" zone. Auto accessories sales and installation, and auto body shops are permitted uses. Outdoor storage, display, and sales are conditional uses.

Dykes reported that the site plan shows a 17,700 sq. ft. building to be used for auto repair and auto glass installation. The building and parking lot meet the required setbacks. The plan shows 88 parking spaces. City code requires 45 spaces. The trash enclosure appears to be the same materials as the building.

Dykes reported that a major concern is the rock-face block materials for the building, along with the seamed mansard metal roof. It is unclear if the block is internally pigmented, as required by code. This needs to be addressed before the Commission recommends approval of a building permit authorization. The Natural Resources Coordinator for the City has reviewed the landscape plan and has issues with the number and types of shade trees. The landscape plan also does not meet the 2.5% cost of the entire plan.

Gary Humphrey, the broker representing ABRA, showed the Commission pictures of the present site. He then introduced Ron Fiscus and Andy Cody, representatives from ABRA. Fiscus addressed concerns from the Commission. He presented pictures of the building and discussed the building materials. He also had samples of the building materials. Edgeton questioned the colors of the materials. The purpose of using two colors is to break up the colors somewhat and the colors proposed look almost the same. Edgeton also would like to see more relief in the elevation on all sides of the building, and in particular on the south and east side since it will be facing the street and a residential area.

ABRA is also proposing to install a fenced area for storage of cars. Commissioner Melander questioned why cars need to be stored and why does the storage area have to be screened. Fiscus explained, for example, when a bad snowstorm occurs and there are a lot of accidents, there is an overload of cars waiting to be fixed. Due to the overload, there may be cars left there longer than their average 2-3 day stay and need to be secured for vandalism, etc.

After reviewing pictures and a lengthy discussion of the proposed building, Fiscus then showed a picture of a new building design that ABRA recently developed up with. This building design is totally different from the building the Commission reviewed earlier in the meeting.

After reviewing pictures of the new building design, members of the Commission still had concerns about the elevation on the south, east and west sides of the building. They felt there needs to be some significant treatments to the building. Commissioner Bergman asked planning staff if the 2.5% natural resources requirement was for plant material only. Dykes responded that yes, it is for plant material only. Edgeton had questions about the fence and if the code requires that outdoor storage be screened in with similar materials Edgeton would like Planning staff to look at the ordinance and see if it relates to this particular project. Dykes stated she will look into the ordinance requirements. Dykes will also check into who locally has fencing with this type of business. In summary, the outstanding issues are the fencing, outdoor storage of vehicles, the landscaping, and the elevation. These issues need to be reviewed by Planning staff.

Edgeton opened the public hearing with the standard remarks. No comments were received from the public.

6. LAND USE/ACTION ITEMS

A. Site Plan/Building Permit Authorization for Fire Stations No. 2 and No. 3 Expansion

City Planner Tom Lovelace presented the site plan/building permit authorization to allow remodeling and building additions to Apple Valley Fire Stations No. 2 and No. 3.

Lovelace reported that Fire Station No. 2 is located at the northwest corner of Galaxie Avenue and 140th Street West. The City is proposing to add a 1,660 sq. ft. truck bay and 1,350 sq. ft. of utility space to the south side of the existing 3,733 sq. ft. building. Nine additional parking spaces will be added also. Lovelace reported that Fire Station No. 3 is located along the north side of Essex Avenue, just east of Pilot Knob Road, on approximately 2.23 acres. The City is proposing to add 2,300 sq. ft., which would include a truck bay and utility rooms to the west side of the building and 715 sq. ft. to the east side of the building.

Lovelace stated that a change in the exterior finish for both stations will be part of the remodeling project that will include a removal of the wood siding and Mansard roofs and replacing it with a combination of brick and decorative block with a flat roof. In addition, as part of the modeling of Fire Station No. 2., a variance of 16 feet is requested from the required building setback of .50 feet along 140th Street West. The irregular shape of the lot and the soil conditions precludes the addition being located anywhere else on the property.

Lovelace reported that total construction of these two building additions will be approximately $2.3 million in capital expenditures and that this allocation is consistent with the Comprehensive Plan.

Edgeton asked if there were any questions or comments from the Commission regarding this request. No questions or comments were made.

MOTION: Burke moved, seconded by Bergman, to approve the site plan/building permit authorization to allow for the construction of a 3,010 sq. ft. addition to Apple Valley Fire Station No. 2 as proposed, subject to the following condition:

· Approval of a variance of 16 feet from the required building setback of 50 feet along 140th Street West because of the hardship caused due to the irregular shape of the lot; and the soil conditions on the north and east side of the building.

· Approval of the site plan/building permit authorization to allow for the construction of a 3,015 sq. ft. addition to Apple Valley Fire Station No. 3, as proposed.

· Approval of the draft resolution, stating that the proposed improvements to Fire Stations No. 2 and No. 3 are in conformance with the Apple Valley Comprehensive Plan.

The motions passed unanimously 7-0.

B Site Plan/Building Permit Authorization for Outdoor Patio for Bogarts

Assistant Planner Kathy Bodmer presented the site plan/building authorization for an outdoor patio/eating area to be constructed at Bogarts/Apple Place Bowl, located at 14917 Garrett Avenue. The applicant is Rick Management, Inc.

Bodmer reported that Rick Management, Inc., requests site plan review and approval of an outdoor patio addition to be constructed on the northeast corner of the Bogarts/Apple Place Bowl building. The total area of the new patio is proposed to be 3,500 sq. ft. and will seat approximately 60. The patio area will be enclosed with a 40" wall constructed of double-faced rough cut block with a decorative wrought iron top. Two patio areas will be constructed, one at ground level, and the second will be elevated by eight inches (8").

Bodmer reported that traffic circulation, number of parking spaces, and overall layout of the patio addition have been reviewed by staff and meets the requirements of the City zoning code. Bodmer reported that staff are recommending approval of the site plan for the outdoor patio addition.

The applicant, Rick Wagner, appeared before the Commission. Members of the Commission asked if there were any outdoor restrictions for outdoor liquor. Bodmer stated that Bogarts will have to appear before the City Council to extend approval of outdoor liquor requirements. Commissioner Hadley asked if there were any locked gates in the event of a fire hazard. Wagner stated that there will be no locked gates and that the area will be accessible for the handicapped. The Commission had concerns about parking and if there needed to be any additional parking. Bodmer stated that for outdoor patios such as this, there are no additional parking requirements.

MOTION: Commissioner Melander moved, seconded by Burke, to recommend approval of the site plan for the outdoor patio addition at the Bogarts/Apple Place Bowl building at 14917 Garrett Avenue, in accordance with the plans submitted.

7. OTHER BUSINESS

8. ADJOURNMENT

MOTION: Burke moved, seconded by Churchill, to adjourn the meeting. Motion carried 6-0.