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, and James Hadley

Members Absent: Tim Burke

Staff Present: City Engineer Jacob Fick, City Attorney Sharon Hills, Community Development Director Rick Kelley, City Planner Tom Lovelace, 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: Churchill moved, seconded by Bergman to approve the agenda. The motion carried 6-0.

3. APPROVAL OF MINUTES OF JUNE 5, 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 Melander, to approve the minutes as presented. The motion carried 6-0.

4. CONSENT ITEMS

A. Setback Variance for Trash Enclosure -14980 Garrett Avenue

B. Setback Variance for Porch Addition -13121 Doyles Court

MOTION: Hadley moved, seconded by Bergman, to approve the consent agenda in accordance with the staff recommendations. The motion carried 6-0.

5. PUBLIC HEARINGS

A. Interim Use Permit for Church Use - 12637 Fairgreen Avenue

Assistant Planner Dykes introduced the item. Shepherd of the Valley Lutheran Church is requesting an interim use permit to use a single-family residence as a classroom facility. The permit is requested for three (3) years. Dykes reported that the Church has stated that it is experiencing tremendous growth and cannot accommodate all of its programs in it current location. The Church owns the subject property and proposes to use the residence for church-related functions such as Bible study groups to relieve some of the space constraints it is now experiencing. The Church stated that it would use the house regularly on, Sundays and Wednesdays, and occasionally for visiting missionaries and adult education classes. The Church estimated there would be up to 45 people in the house at any one time for these events. The Church requested that the permit be valid at least until 2005 or until an expansion of the church structure is complete.

Dykes reported that in the past residents of the neighborhood surrounding the Church have raised concerns about the traffic generated by the congregation.

Chair Edgeton opened the public hearing with the standard remarks.

Commissioner Bergman questioned that if 45 people are in the house at one time, does that meet federal and state codes. Dykes responded it does meet code. Edgeton asked if there would be any structural changes to the house itself. Dykes responded that none would be required at this time. Edgeton also questioned the definition of an interim use permit. Dykes responded that interim use is a use not typically seen in a zoning district, but is established for a limited time or until a particular occurrence has passed. The Church is requesting the permit until December 31, 2005. Dykes indicated that the City could put certain conditions on the permit in addition to the time period. Edgeton questioned if there was adequate parking on both the subject site and on Church property. Dykes responded that the number of parking spaces meets the City's requirements.

Pastor Christopher Smith, representing Shepherd of the Valley Lutheran Church, reported that the Church has a shuttle service from Falcon Ridge School in order to alleviate some of the parking concerns. Commissioner Churchill questioned the hours of use of the proposed site and stated there should be an evening hour limit. Smith indicated that the primary use would be on Sundays from 9:00 - 10:00 a.m., and Wednesdays from 4:30 - 6:30 p.m. Smith indicated that the Church building closes at 10:00 p.m. that all activities in the subject building would be finished at 10:00 p.m. Edgeton asked Smith if the Church had met with neighbors about their intentions. Smith indicated that the Church had an open house in May and distributed letters to the neighbors about their plans. Edgeton then asked if members of the public would like to address the Commission.

Jon Pfeiffer, of 12620 Fairgreen Ave., stated that traffic and parking are major concerns for neighbors. Pfeiffer stated that though the Church has a shuttle service, members still choose to park in the neighborhood surrounding the Church. Pfeiffer showed the Commission a picture he took on a Sunday in which a vehicle was parked so close to the intersection that you could not see on-coming traffic. Pfeifer stated that in addition to traffic and parking concerns, maintenance of the home and grounds have also been issues for the neighbors. He reported that the Church has made promises to maintain the home and the grounds and have not kept them. Pfeiffer reported that last summer the lawn was mowed only twice. Pfeiffer and other neighbors are very concerned that the Church will not comply with the conditions of an interim use permit if granted one.

Suzette Schilling, a nearby resident who operates a day care in her home, reiterated traffic and safety concerns.

Edgeton requested that staff look into some of the issues brought up by Pfeiffer. Bergman indicated that some of the issues are not related to the Planning Commission but should be referred to the Apple Valley Traffic Advisory Committee. Churchill stated that issues such as illegally parked vehicles should warrant a call to the police. Commissioners Hadley and Schindler requested staff check into the feasibility of closing the Fairgreen exit of the parking lot. The Commission again recommended referring traffic and safety issues to the Traffic Safety Advisory Committee for its review and recommendations.

There being no further comments, Edgeton closed the public hearing with the standard remarks.

6. LAND USE/ACTION ITEMS

A. Site Plan/Building Authorization for Tuscany Apartments

Assistant Planner Dykes presented the request from The Hartford Group to construct an apartment building in The Legacy of Apple Valley. The site is generally located southeast of the intersection of Galaxie Avenue and 153rd Street W.

Dykes reported that this development proposal is part of the Galaxie Avenue/153rd Street Small Area Plan. A planned development ordinance is being drafted that will allow for higher densities, reduced setbacks, reduced number of parking spaces, and greater building coverage than is typically seen in a similar multi-family development proposal.

Dykes reported the site plan shows a four-story, 312 unit apartment building that is approximately 55 feet high with a serpentine configuration that helps to break the appearance of the massing. The footprint of the building is 108,200-sq. ft., with a total building coverage of 38%, and a total density of 48 units per acre. Dykes reported there are three surface parking areas with a total of 145 spaces. In addition, there will be an underground parking lot with a total of 418 spaces, making the total number of parking spaces 563 or 1.8 spaces per unit. Dykes stated that staff is comfortable with the reduced number of parking spaces.

Dykes reported that as part of this phase of the overall Legacy of Apple Valley development, a storm water pond would be constructed adjacent to the future senior apartments and commercial area. The pond will have a retaining wall on the commercial side and a natural landscape buffer on the senior apartment side. A patio area and amphitheater will be located on the east and south sides of the pond respectively.

Commissioner Bergman questioned the height of the building in relationship to Kingston Green. Dykes reported that Kingston Green is also 55 ft. high. Commissioner Hadley wanted more information on the infiltration system. City Engineer Keith Gordon explained that the capacity of the pond would hold a 9-inch storm within a 24-hour period.

Glen Van Wormer, the City's traffic engineer, spoke to traffic issues. One major issue is a potential for traffic conflicts occurring at the south entrance to Galaxie Avenue. Van Wormer stated that the best solution would be a common driveway between Kingston Green Apartments and Tuscany Apartments. Dykes stated she has spoken to Kingston Greens about this and at the present, they are not open to this as a possible solution. Dykes feels that once safety issues and concerns for their residents are presented in more detail, Kingston Greens will consider this option.

MOTION: Churchill moved, seconded by Hadley, to recommend approval of a site plan/building permit authorization to construct a four-story, 312-unit apartment building as shown on the submitted plans subject to the following conditions:

· The building shall be constructed on Lot 1, Block 1, of the proposed final plat of The Legacy of Apple Valley.
· The proposal shall comply with an approved planned development ordinance and final plat for The Legacy of Apple Valley.
· The south private drive access to Galaxie Avenue must be merged in some fashion with the private drive accessing the Kingston Green Apartments to the South.
· No building permit shall be issued until approval of the Comprehensive Plan amendment, planned development ordinance, development agreement, and filing of the final plat for The Legacy of Apple Valley.
· No building permit shall be issued until a Natural Resources Management Permit has been obtained.
· Submission of a nursery bid list that confirms the landscape materials, irrigation system and other common area amenities meet or exceed 2.5% of the value of the construction of the building based on Means Construction Data.

The motion passed 6-0.

MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval of a 1.2 acre storm water pond as shown on the submitted site plan.

The motion passed 6-0.

B. Site Plan/Building Permit Authorization for Legacy Villa Townhomes

Assistant Planner Dykes presented the request for site plan review/building permit authorization from Town & Country Homes for Legacy Square Townhomes. The site is generally located southwest of the intersection of Foilage Avenue and the future east-bound 153rd Street. The development is also part of the Galaxie Avenue/153rd Street Small Area Plan.

A revised site plan submitted June 18, 2002, showed 113 townhouse units spread among 18 buildings. All buildings are two-story (26-feet high), slab on-grade. Buildings either face a street or another building front. The backs of buildings face internal car courts; garages are placed in the rear of the buildings. Total building coverage is 37%; total hardscape coverage is 73%. The total density of the proposal is approximately 16 units per acre. Dykes stated the townhouse proposal could generate approximately 860 vehicle trips per day. All buildings will have fire sprinkler systems installed. All buildings on the revised site plan will be setback at least 10 feet from any public road. The number of parking spaces is adequate. The Commission stated it did not see problems with the revised site plan.

Dykes reported the building elevations contain a mix of vinyl siding and brick. Dykes presented renderings of the proposed building. The Commission stated that there was too much sameness, not enough color or material variation, and not enough difference in the elevations or building footprints. The Commission stated that the submitted elevations were not similar at all to those presented in the Small Area Plan's original proposal and members were extremely disappointed with the applicant's proposal. The Commission encouraged the applicant to revise the elevations and discuss the revisions at its meeting on July 17, 2002.

Krista Fleming and Richard Palmiter, representing Town & Country Homes, addressed the Commission. Fleming informed the Commission that though they would like an opportunity to revise the elevations to develop a product more pleasing to the Commission, Town & Country Homes does not build the product the Commission seemed to desire. After some discussion, Fleming stated that Town & Country Homes is somewhat limited in deviating from the proposal presented and that the product submitted is what the applicant is able to build. The Commission reiterated that the product presented was nothing like what was originally presented, and members were disappointed in the proposal.

Elizabeth Kautz, representative from The Hartford Group, addressed the Commission. Kautz stated that The Hartford Group would work with Town & Country Homes and try to come up with a plan that addressed the Commission's concerns.

After more discussion with the Commission, Fleming again stated that Town & Country would be limited in developing a new product or revising their proposed product. Because to time constraints, Fleming requested the Commission vote on the submitted plans and that the Commission's recommendation be forwarded to the City Council for its review.

MOTION: Commissioner Melander moved, seconded by Churchill, to recommend approval of a site plan/building permit authorization for Legacy Square in order to construct 113 townhouse units as shown on the submitted site plans dated June 18, 2002, subject to the following conditions:

· All buildings shall be constructed on Lots 1-18, Block 1, of the proposed final plat for Legacy Square.
· The proposal shall comply with an approved planned development ordinance and final plat for The Legacy of Apple Valley.
· No building permit shall be issued until approval of the Comprehensive Plan amendment, planned development ordinance, development agreement, and the filing of the final plat for The Legacy of Apple Valley.
· No building permit shall be issued until a Natural Resources Management Permit has been obtained.
· No building permit shall be issued until the building(s) and be accessed by paved streets either public or private.
· Submission of a nursery bid list that confirms the landscape materials, irrigation system and other common area amenities meet or exceed 2.5 percent of the value of the construction of the building based on Means Construction Data.
· Brick must compose at least 50% of the building elevations.

The motion failed 6-0.

C. Site Plan/Building Permit Authorization for Injured Animal Compound

City Planner Lovelace presented the request for site plan review/building permit authorization for the Minnesota Wildlife Haven. The applicant is requesting to construct four (4) conditioning cages (two for mammals and two for birds) for injured and orphaned wildlife on the Minnesota Zoo property. Lovelace reported the operation would be located on the extreme east side of the Minnesota Zoo property. Lovelace reported the building meets all minimum requirements set forth in the planned development ordinance for the zoological gardens, and because of the location within the zoo property, which is heavily forested, no additional landscaping is necessary.

MOTION: Bergman moved, seconded by Churchill, to approve the site plan building authorization to allow for construction of four (4) conditioning cages for injured and orphaned wildlife on Minnesota Zoological Garden property, as indicated on the site plan, provided any and all necessary building permits be attained prior to any construction.

The motion passed 6-0.

7. OTHER BUSINESS

--None-

8. ADJOURNMENT

MOTION: Hadley moved, seconded by Bergman, to adjourn the meeting. Motion carried 6-0. The meeting was adjourned at 9:30 p.m.