1. CALL TO ORDER

The City of Apple Valley Planning Commission meeting was called to Order by Chair Jeannine Churchill at 7:00 p.m.

Members Present: Jeannine Churchill, Tim Burke, Dave Schindler and Keith Diekmann

Members Absent: Frank Blundetto, Tom Melander, and Thomas Helgeson

Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, City Attorney Sharon Hills, Associate City Planner Kathy Bodmer, Associate City Planner Margaret Dykes, City Engineer Colin Manson, Planning Intern Nick Meyers, and Acting Community Development Specialist Ann Cunningham

2. APPROVAL OF AGENDA

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

MOTION: Commissioner Burke moved, seconded by Schindler, to approve the Agenda. The motion carried 4-0.

3. APPROVAL OF MINUTES OF May 2, 2007

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

MOTION: Commissioner Diekmann moved, seconded by Schindler, to recommend approval of the minutes of the May 2, 2007, meeting. The motion carried 4-0.

4. CONSENT ITEMS

--NONE--

5. PUBLIC HEARINGS

A. SES Wind Turbine - Public hearing to consider amendments to "PD-167" and site plan/building authorization to construct a 160 ft. tall monopole for a 20kW wind turbine and communications antennas at the School of Environmental Studies (SES).

Chair Jeannine Churchill opened the public hearing with the standard comments.

Associate City Planner Kathy Bodmer stated that Dakota Electric is partnering with the School of Environmental Studies to construct the wind generator/communications tower and solar panels at the Zoo School at 13000 Zoo Boulevard.

Craig Knudsen, representing the petitioner, Dakota Electric, said that there are students present from SES who would like to make a presentation to the commission.

The students, Jacob Wagner and Robert Preston, stated that their school is partnering with both Dakota Electric and C & H Architects on this project to build a wind tower and solar panel. The project will showcase a way to use green energy in the community and at the school. It will provide an in-depth teaching tool for sustainable energy resources. This project includes a real-time monitoring system of the wind tower that can be viewed and stored on-site. The information kiosk will display real time information and can be viewed by the SES students, other area school children, as well as the general public. The building will be energy efficient and constructed of lye ash concrete as well as certified wood with a green roof. The project's functional aspect consists of the installation of 2-3 communication antennas for Dakota Electric, to be mounted on the monopole.

Craig Knudsen stated that as the communications tower will provide a much needed link between their Farmington office and northern Dakota County, the project is a win-win situation for both SES and Dakota Electric.

Chair Churchill asked Knudsen what kind of energy will be generated. Knudsen replied that the school should generate enough energy to cover the operational and maintenance costs of the project. Churchill then asked if there were any other wind turbines in Apple Valley. Knudsen said that he wasn't familiar with any other wind turbines. And a member of the audience volunteered that there is a wind turbine off of Cedar Avenue south of Farmington.

Chair Churchill asked if anyone from the public would like to address the Commission, and if so, they may do so at this time.

David Garthune, 5887 144th St W, wanted to know who is paying for this and who is paying for the maintenance on it. Knudsen stated that Dakota Electric is donating the funds to construct the project, although they are looking for some other donations.

Chair Churchill stated that normally the Commission doesn't act on an item the same night as a public hearing. As there has been little public input on this and the Petitioner has requested that the commission act so that they can move forward, she is open to a motion.

MOTION: Commissioner Burke moved, seconded by Diekmann, to recommend approval of an amendment to PD-167/Zone 2, to allow construction of a monopole for communication antennas and wind generation. The motion carried, 4-0.

MOTION: Commissioner Burke moved, seconded by Schindler, to recommend approval of the site plan and give building permit authorization to construct a 160' monopole with a 20 kW wind turbine and communications antennas along with solar panels and accessory building in accordance with all City Code requirements and construction standards. The motion carried, 4-0.

Bruce Nordquist stated that this item will go to City Council next Thursday May 24, 2007.

B. Regent Senior Building - Public hearing to consider amendments to "PD- 716/Zone 2" to increase dwelling unit density and decrease required parking and site plan/building permit authorization to allow for construction of a 145 unit senior apartment building.

Chair Jeannine Churchill opened the public hearing with the standard comments.

Associate City Planner Margaret Dykes presented the petition for amendments to PD-716, Zone 2 to increase the density for one senior-only apartment building from 54 units/acre to 59 units/acre and to decrease the parking requirement for senior-only apartments from 1.1 space/ unit to 0.8 space/unit. In addition the site plan is to be reviewed as well as the building permit authorization for a 145-unit senior-only rental apartment building.

Commissioner Schindler asked Maggie to show where the issue comes from in regards to the trail.

Chair Churchill asked in regards to the parking where exactly was that going to be a problem. Dykes replied that it was in the parking garage. The new plans handle that issue by reducing the parking space size from 18.5' to 18'. It is staff's opinion that there should be no deviation on any residential development. There was deviation on a commercial project to help out the property owner.

Frank Janes, of the Hartford Group, said that the path that was originally created was on city property, but that when it was constructed, it was inadvertently constructed on this property. Janes stated that the proposed parking ratio of .80 spaces per unit should be sufficient, due to a sister project in Burnsville, which has a current usage of .66 spaces per unit. In order to have more of a cushion, Hartford is suggesting .80 spaces per unit and believes that it would more than adequately address the needs of the residents, employees, and visitors.

Schindler asked Janes to explain what daily transportation would be available for the residents. Janes replied that a third party provides transportation to shopping, a mall,
and a church on a daily basis and residents can schedule other trips as well.

Commissioner Diekmann asked what amenities were available at the Burnsville
facility. Janes replied that it is located on Early Lake south of Burnsville Mall. Diekmann stated that when you visit someone at a facility like this, you need
amenities. He then asked how Janes had calculated visitor parking requirements.
Janes said that he used the Burnsville facility as an example and assumed that the 50 surface parking spaces were in use at all times. Diekmann asked what the Burnsville facility was built at. Janes stated that there are 1.1 spaces per unit and that the actual usage is .66 spaces per unit, so he feels that .80 spaces per unit will be sufficient for the proposed facility.

Diekmann asked Janes opinion about the vinyl siding. He knows the city staffs opinion and vinyl siding and agrees with them and wants Janes opinion. Janes said that no city staff anywhere is usually in favor of vinyl siding. It is a permitted material and we can work with staff in regards to this.

Schindler did the math in regards to the parking and in regards to the 33 surface parking spaces, doesn't feel that they will be enough. He said that Janes had stated that staff would number about 15 spaces, and that residents oftentimes cancel their garage parking in the summer to park on the surface. When you add guest traffic, 33 surface parking spaces seems low. The underground parking spaces appear to be sufficient, though.

Janes stated that the building height is 52.9'. Dykes replied that she saw that, and that she needs a scale.

Patrick Sarber, the director of development for Hartford Group, said he has been involved with this project since its outset, 5 years ago now. In regards to the location of the trail, if you look at the aerial map along with a survey, most of the path and monuments have been built on the property. Easements were requested to accommodate the built features were provided to the city but it was not the intent of Hartford to curtail their ability to develop the site. We can find an agreeable compromise to provide the walkability yet still maintain the developability of the site.

Sarber is reluctant to talk about parking without giving the staff an opportunity to review newly submitted plans.

Churchill asked Sarber if a tour of the Burnsville building would be possible. Sarber stated that a tour can be arranged.

In regards to vinyl siding, Sarber stated that Hartford is proposing a higher quality vinyl siding and that most of the siding is up over 10'. A Hardy board trim corner will be used as opposed to the standard J channel product, which will provide a more Craftsman like treatment of the corners. Commissioner Burke asked if the Burnsville facility had those corners on it and Sarber replied that he doesn't know, but that he can provide local examples for the Commission.

Diekmann asked for a copy of the original plan, trying to get at the location of the path. Dykes responded that she didn't have a copy of it and that the city did not build a path on the property because they couldn't figure out where the property line was. Diekmann said he likes the architecture but that he had a comment on the fact that the building faces the street, which may not be a view a resident would desire. Sarber replied that the design is configured with the underground parking that limits the circulation of the building and that it is reliant on on-street parking. Shorter walk time is a priority for the residents. Most of these pods of 8-10 units tend to congregate together within the architecture of the building. That is why the building is flipped and turned around the other way.

Community Development Director Bruce Nordquist stated that the continuing care model is responsive to the marketplace. City staff strongly supports the codes minimum requirement of 1.1 spaces per unit. Nordquist asked if the end user is known yet. Janes replied that it is too early to tell at this point, but it will be a licensed, professional, and experienced property manager.

Chair Churchill asked if anyone from the public would like to address the Commission, and if so, they may do so at this time.

Harvey Bligard, 14663 Europa Way, wanted to know about the individual apartment sizes and what the distance from the elevators to the unit. Janes replied that 1 bedroom, 2 bedroom, and efficiency units. The 1 and 2 bedroom units have in unit laundry facilities. The distances are as short as we can make them.

Marian Brown, 7756 142nd Street West, is concerned about the width of the parking spaces because you need a lot of space for things like walkers and wheelchairs.

Chair Churchill closed the public hearing with the standard comments.

C. Industrial Land Comprehensive Plan Amendments - Public hearing to consider
amendments to the 2020 Land Use Map redesignating properties from "MIX"
(Mixed Use) to "IND" (Industrial).

Chair Jeannine Churchill opened the public hearing with the standard comments.

City Planner Tom Lovelace presented information pertaining to a request for amendment to the Comprehensive 2020 Land Use Map, which has been initiated by the city. The request pertains to several sites located north of County Road #42, directly east of Galaxie Avenue, and generally east of Flagstaff Avenue and along the east and west side of Johnny Cake Ridge Road.

Chair Churchill asked if anyone from the public would like to address the Commission, and if so, they may do so at this time.

Don Post, 5990 Ellice Trail said that his concern is that he saw a lot of apartments and is worried about traffic patterns. It's an already busy street. Lovelace responded that the city staff can get back to him in regards to his question.

Ken Franzen, 14555 Europa Avenue asked whether the hearing is about changing the zoning back and would that prohibit the proposed apartment building. Chair Churchill responded that the zoning is currently mixed use and the point is to bring zoning and the comprehensive plan consistent with use. Franzen stated that he lives in 1 level townhomes and that he has a concern about noise pollution. Lovelace responded that because it will be a mixed use designation the townhomes could be built on the Venstar property. Churchill stated that the development has to be amenable to surrounding residents.

Marian Brown, 7754 142nd Street West, stated that nothing has been done in Apple Valley for a while for affordable housing, and that this city is an ideal place to consider that.

Maggie Futhey, 5898 144th Street West, said that she lives near area C because it's zoned light industrial. The idea of having apartments and townhomes is very concerning to Maggie and she hopes it doesn't happen.

Mona Garthune, 5887 144th Street West, stated that she would like that area C to remain as it is. She moved to Apple Valley from Minneapolis 7 years ago and enjoys the fields and nature.

Nino Pedrelli, of Venstar, said that they believe that mixed use is more flexible, and that multi-family development is a better transition to the current residential area than industrial.

David Garthune, 5887 144th Street West would like to see more homework done. City staff should be more specific as to what that development is going to be.

Churchill stated that she wanted to explain the process. The Commission does not have an actual proposal under consideration, hence the lack of detail. What is being considered is whether the zoning is consistent with how the city intends the land to be used.

Lovelace said that HUB Management provided a letter which stated their intent to develop the property as mixed use as the market dictates. They do not want to be restricted to industrial development as they are considering both medical and office uses.

Chair Churchill closed the public hearing with the standard comments. This item will continue to appear on future Planning Commission agendas.

D. Midwest Special Services Conditional Use Permit - Public hearing to consider conditional use permit for overnight parking of school buses in the "BP" (Business Park) zoning district.

Chair Jeannine Churchill opened the public hearing with the standard comments.

City Planner Tom Lovelace said that the petitioner is requesting approval of a conditional use permit to allow for the parking of 5 buses outdoor overnight in the Pilot Fex Center, a two-building office/warehouse project located along the west side of Energy Way, just south of Upper 147th Street West.

Commissioner Diekmann asked whether the parking spaces in the back under consideration for overnight parking were included in the parking calculations. Lovelace said that they were.

Churchill suggested that the wording stipulate that the storage of vehicles shall be prohibited except for these 5 buses that are allowed to be stored overnight.

Chair Churchill asked if anyone from the public would like to address the Commission, and if so, they may do so at this time.

Mike Whalen, of EFH Co., said that Julie Johnson of Midwest Special Services is here and can answer any questions about their operations. The bus parking area is screened from the street and EFH believes that it is a good use of the property.

Chair Churchill asked if anyone from the public would like to address the Commission, and if so, they may do so at this time.

Lovelace said that since there was no one from the public who addressed this issue and since it has been presented to the Commission previously, the applicant has requested that action be taken and city staff concurs.

Chair Churchill closed the public hearing and stated that it is not usually the Commissions procedure to act on an item on the same night, but as their has been a request that we act and since there were no issues brought up by the public, I will entertain any motion.

MOTION: Commissioner Schindler moved, seconded by Diekmann, to recommend approval of a conditional use permit to allow Midwest Special Services to park buses overnight on Lot 2, Block 1, Knob Ridge 2nd Addition subject to the following conditions: Parking shall occur in accordance with site plans dated March 28, 2007; a maximum of 5 buses shall be allowed to be parked outside overnight; all buses shall be operational and in good repair; and storage of vehicles shall be strictly prohibited except as stated herein. The motion carried, 4-0.

6. LAND USE/ACTION ITEMS

A. Residential Parking Permit - Consider an on-site parking permit to allow for
parking of 6 vehicles on the homeowner's driveway.

Associate City Planner Kathy Bodmer said that this is a request from Paul and Lori Michael of 8680 Hunters Way to park 6 vehicles outside on their driveway.

Commissioner Diekmann asked how many vehicles are allowed currently. Bodmer verified that currently 4 vehicles are allowed. City Attorney Sharon Hill clarified that the code says that only up to 4 vehicles may be parked outside the residence and that means that a total of 4 vehicles can be parked outside a residence in the driveway and in the street. Unless of course you get a permit to allow up to 6 vehicles to be parked outside a residence.

Commissioner Burke asked if Bodmer could explain condition 4. in regards to the shrubs. Bodmer replied that they are acting as screening. Burke then wanted to know if the concern was that they would not be maintained. Bodmer replied that that is the concern.

Diekmann asked Bodmer if we have any other 6 car permits in the City of Apple Valley. Bodmer said that since the code has been in effect, the city has had 2 other applications for permits. The most recent request was denied. The 1st one, requested in the mid-90's, was approved out on Pilot Knob Road.

Churchill stated that many issues that were brought up tonight are beyond the scope of the Planning Commission. The Petitioner does have right to bring the request forward. Churchill said she understands the issues raised by the owners and the issues raised by the neighbors. There is nothing in the code that requires we approve the permit and there is nothing in the code that says we shouldn't. Churchill agrees with the city staff recommendation that a 1 year permit be issued, according to code.

Diekmann agrees, although he doesn't agree with the shrub condition as it is not required in the code and would like to strike that condition. Bodmer replied that
Kb- the reason for having it in there was to offset any impact.

Community Development Director Bruce Nordquist stated that this would be a good time to look at residential parking ordinance and what reasonable conditions, if any, could be applied.
.
Burke agrees with the need for a 1 year permit and his sense is that there are many other occurrences in the city.

Churchill thanked neighbors for their input and said that she had no intention for the matter to turn into arbitration or mediation tonight. This goes on to the City Council and they will make the final decision.

MOTION: Commissioner Burke moved, seconded by Schindler, to approve the on-site parking permit to allow the parking of up to six vehicles for the property at 8680 Hunters Way with the following conditions:

1. The permit shall be valid for a period of one year.
2. No vehicles shall be parked in a manner that blocks a public sidewalk.
3. All vehicles must be parked completely on the driveway and not on the grass.
4. The shrubs in front of the driveway shall be trimmed and properly maintained throughout the year to provide screening of the driveway from neighboring properties.

Diekmann stated that he will agree with everything except for condition #4.

MOTION: Diekmann moved, seconded by Burke, on the amended approval. The motion carried 4-0.

Fred Vescio, 8689 Hunters Court, requested an opportunity to address the Commission.

B. Community of Christ Church - Consider site plan/building permit and NRMP
to construct a 5,000 sq. ft. addition and remove 13,500 cubic yards of material
from a 2.65 acre site.

7. OTHER BUSINESS

A. Wensmann 14th CDA Sketch Plan - Sketch plan review of proposed multi-family development that will include a 60-unit senior apartment building and 30 townhouse dwelling units on 6.25 acres.

Associate City Planner Kathy Bodmer stated that

B. Oakwood Hills Sketch Plan - Sketch plan review of a proposed subdivision of three parcels into 16 single family lots.

Associate City Planner Margaret Dykes stated that the

C. 2030 Comprehensive Plan - Review of draft request for proposals.

Community Development Director Bruce Nordquist prepared an outline to start the initial Comprehensive Plan discussion for 2030. Every ten years, the city is required to review the City Comprehensive Plan and update it.

9. ADJOURNMENT

MOTION: Commissioner Schindler moved, seconded by Burke, to adjourn the meeting at 11:09 p.m.