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, Jeannine Churchill, Jim Hadley, Thomas Helgeson, David Schindler, Tom Melander and Tim Burke

Members Absent: None

Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, City Attorney Sharon Hills, Associate City Planner Kathy Bodmer and Assistant City Engineer Colin Manson

2. APPROVAL OF AGENDA

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

MOTION: Commissioner Helgeson moved, seconded by Churchill, to approve the Agenda. The motion carried 7-0.

3. APPROVAL OF MINUTES OF FEBRUARY 16, 2005

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

MOTION: Commissioner Churchill moved, seconded by Helgeson, to approve the minutes of the February 16, 2005, meeting. The motion carried 7-0.

4. ANNUAL BUSINESS MEETING

Community Development Director Rick Kelley reported the Planning Commission bylaws state an annual business meeting be held following the City Council meeting during which new appointments to the Planning Commission are made. At the City Council meeting of February 24, 2005, existing members Jeannine Churchill, Jim Hadley, and David Schindler were reappointed to the Planning Commission for three-year terms.

The purpose of the annual business meeting is to elect officers for the year, and to consider readoption of or amendments to the Commission's mission statement and/or bylaws as appropriate. Kelley stated that the bylaws were last amended on March 21, 2001. Since the City Code of Ordinances were recodified, references in the bylaws to Sections 17-3(b), 17-3, and 17-2(b), should be changed to 32.37(B), 32.37, and 32.36(B) in order to reflect the most current numbering. Kelley asked if the Commission had any additional amendments or changes to the bylaws or mission statement. The Commission had none.

MOTION: Commissioner Hadley moved, seconded by Burke, to keep the existing officers. They are Karen Edgeton as Chair, Jeannine Churchill as Vice Chair, and Tom Melander as Secretary. The motion carried 7-0.

MOTION: Commissioner Churchill moved, seconded by Burke, to readopt the mission statement. The motion carried 7-0.

MOTION: Commissioner Burke moved, seconded by Churchill, to readopt the bylaws renumbering references from the City Code of Ordinances from 17-3(b) to 32.37(B), 17-3 to 32.32, and 17-2(b) to 32.36(B), including any other amendments that the Commission feels are appropriate. The motion carried 7-0.

5. CONSENT ITEMS

None.

6. PUBLIC HEARINGS

None.

7. LAND USE/ACTION ITEMS

A. Dakota Gravel Pit - Consideration of a Comprehensive Plan Amendment, Rezoning from "A" (Agriculture) to "SG" (Sand & Gravel), and a Conditional Use Permit to Allow Sand and Gravel Mining on a 49-acre Site

Community Development Director Rick Kelley presented the request from the City to consider an amendment to the Comprehensive Plan for a temporary sand and gravel overlay designation, a rezoning from Agriculture ("A") to Sand & Gravel ("S&G"), and a conditional use permit for commercial sand and gravel extraction activities on 49 acres located in the northwest quadrant of the intersection of Dakota County Roads Number 31 (Pilot Knob Road) and 46 (160th Street).

Kelley reported a majority of the subject area was previously partially mined for sand and gravel by Dakota County and then transferred to the City for ultimate use as an athletic complex. Several stockpiles of sand, aggregate material, spoils, and black dirt remain on the site. The remainder of the area abutting Pilot Knob Road will either be acquired by Dakota County for the widening of Pilot Knob Road and an associated transit station, or acquired by the City for the purpose of erecting a water reservoir and expanding the area of the future athletic complex.

Kelley reported the City would advertise for bids from a private mining operator to perform the work and purchase the aggregate materials from the City. Revenue for the athletic complex will probably be through a bond referendum.

Kelley reported the potential environmental effects from sand and gravel mining activities on the site were previously evaluated in an overall EIS and found to be within the acceptable range of effects. The length of mining activities would be restricted to 2 years and would fall within the guidelines of the Comprehensive Plan. Final grades would match the final grades of the adjacent properties which are presently being mined.

A public hearing was held on this item on March 2, 2005. One comment was received from the public. A nearby resident of the subject property complained that during a previous excavation project, contractors violated the hours of operation and began mining at 3:00 a.m. The resident wanted assurance that this would not happen again. Chair Edgeton asked Kelly if staff had addressed this issue. Kelly responded that staff will communicate the hours of operation with the Police Department to ensure that the contractors are adhering to the hours of operation.

At the public hearing, the City of Lakeville also sent a letter stating their concerns. A copy of the letter was included in the Commission's packet. Since the public hearing, Kelly has received additional correspondence from the City of Lakeville listing consideration of certain conditions to be included in the Conditional Use Permit. The Commission recommended that these conditions be included in staff's recommendation for approval. Kelley stated that staff will add them to their recommendations.

Kelly stated that staff is recommending approval of this project with the conditions outlined in his report.

MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval of the Comprehensive Plan Amendment for a temporary Sand and Gravel Overlay for parcels 01-03500-013-77, 01-03500-042-76, 01-03500-010-76, and 01-03500-020-76, 01-03500-030-76, and 01-03500-012-77. The motion carried 7-0.

MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval of a rezoning from "A" to "SG" for parcels 01-03500-013-77, 01-03500-042-76, 01-03500-010-76, and 01-03500-020-76, 01-03500-030-76, and 01-03500-012-77. The motion carried 7-0.

MOTION: Commissioner Churchill moved, seconded by Hadley, to recommend approval of a conditional use permit for commercial extraction activities for parcels 01-03500-013-77, 01-03500-042-76, 01-03500-010-76, and 01-03500-020-76, 01-03500-030-76, and 01-03500-012-77, subject to the following conditions:

" End use finish grade shall be as depicted upon EXHIBIT A.
" Extraction activities shall not disturb earth any deeper than six inches below the approved finish grade.
" Extraction activities shall proceed from west to east.
" Extraction activities shall be conducted in a manner so as to conform to the noise standards established by the Minnesota Pollution Control Agency.
" Extraction and grading activities shall be conducted in a manner to assure that surface water runoff is contained on the site and is not discharged to either neighboring properties or abutting public roadways.
" Hours of operation shall be limited from 6:30 am to 5:30 pm Mondays through Fridays.
" Processing shall be limited to primary screening only, with no on-site crushing allowed.
" Operator shall control dust by watering whenever dry conditions warrant or whenever directed by the Apple Valley Director of Public Works.
" Material shall be transported from the site either via conveyor or via truck haul routes approved by the City of Apple Valley.
" Operations shall cease with the land elevation matching the approved finish grade no later than close of the business day of December 31, 2006.
" Construction and demolition materials, recycle demolition materials and/or sand or aggregate shall not be brought onto the subject property for processing.
" Asphalt production shall not be permitted on the subject property.
" Trucks from the Apple Valley gravel mine shall not use local residential streets in the City of Lakeville.

The motion carried 7-0.

B. Eastwood Ridge 2nd Addition - Consider Rezoning from "R-1" (Single Family Residential/40,000 sq. ft. lots) to "R-2" (Single Family Residential/18,000 sq. ft. lots) and "R-3" (Single Family Residential/11,000 sq. ft. lots) and Subdivision of a 10.5 Acre Parcel into 22 Single Family Residential Lots

Tabled at the request of the petitioner.

8. OTHER BUSINESS

A. Accessory Unit Dwelling Ordinance Update

Associate City Planner Kathy Bodmer updated the Commission on the Accessory Unit Dwelling (AUD) Ordinance. Bodmer reported that in June 2003 the City adopted an ordinance that allows homeowners in the "R-1" (Single family, 40,000 sq. ft. minimum lot) to construct an AUD by Conditional Use Permit (CUP). Staff was asked to report back on how the ordinance was functioning and to review the projects that had been approved.

Bodmer reported that when the City Council adopted the ordinance, they determined the best approach would be to limit the number of AUDs that could be constructed to ensure that the City would not be inundated with requests until the ordinance could be evaluated. The Council also stipulated that only three AUDs could be permitted within a ½ mile area, and be no larger than 40% of the footprint of the primary dwelling.

Since the ordinance was adopted, the City approved two projects that received CUPs to construct an AUD. Bodmer reported that several questions of interpretation came up when the AUD requests came forward. In both projects, the AUD addition was part of an extensive remodel of the existing home. Both requests received exceptions to construct AUDs that were larger than 40% of the footprint of the primary dwelling. However, overall, the AUD ordinance accomplished the goal of allowing a current property owner to construct a separate, but subordinate unit, within the home.

Based on the City's experience with the first two AUD requests, staff thought it may be appropriate to discuss amending the ordinance to deal with the issues that were identified in the previous two AUD requests. This item will also be discussed with the City Council as they directed when the ordinance was approved. Bodmer stated that staff is seeking specific modifications to the AUD requirements that the Planning Commission would like the City Council to consider.

Staff has identified some possible amendments that the Planning Commission and City Council might want to consider:

1. Remove the requirement that the AUD size be based up on the footprint of the primary residence. Instead, base the allowable size of the AUD on the total living area of the home.
2. The City may wish to consider placing a further size limit on an AUD, for example, 1,000 sq. ft or 1,200 sq. ft. A provision could remain that would state that the City could approve a larger AUD under specific conditions.
3. The size of the AUD should be based upon the total area of the home, not including the area of the AUD.
4. The size of the AUD should be based upon the size of the primary residence after any expansion project, but not include the area intended to be the AUD.
5. The City may wish to consider expanding the AUD regulations to allow construction of AUDs in R-2 (18,000 sq. ft. lots) and R-3 (11,000 sq. ft. lots) zoning districts by conditional use permit. Conditions of approval for the smaller lot zoning districts may be different than for the R-1 zoning districts.

After discussing the AUD, the Commission came up with the following suggestions:

1. The size of the AUD should be based on the final plans (size of the total house).
2. Examine each AUD on a case-by-case basis.
3. Allow AUDs for "R-1" (single family, 40,000 sq. ft. lots) and "R-2" (single family, 18,000 sq. ft. lots) zoning designations.
4. Do not add "R-3" (single family, 11,000 sq. ft. lots) to the ordinance until experience with "R-2" is gained.
5. State the minimum size of an AUD within the "R-1" and "R-2" zoning designations.

Bodmer reported that staff will continue working on the ordinance with the Commission's input and bring it back at a later date. Commissioner Melander commented that he thinks the ordinance is a great idea because it allows people to stay in their homes.

9. ADJOURNMENT

MOTION: Commissioner Hadley moved, seconded by Churchill, to adjourn the meeting at 7:50 p.m.