This transcript is from an Apple Valley Planning Commission meeting. While the provided context list covers the City Council and City Staff, the Planning Commission consists of different appointed residents (Schindler, Scanland, Pruitt, and Mahar) and is presided over by a Chairperson (Chair Curts). City staff members mentioned in your list (Tim Benetti, Brandon Anderson, Sharon Hills) and those identified in the dialogue (Sydney Stroh) are labeled accordingly. [0:01] [Music] [0:53] **Chair Curts:** Good evening. I call the November 6th, 2024 Apple Valley Planning Commission meeting to order. The first item of business is the approval of the agenda. Any changes from staff? [1:03] **Tim Benetti (Community Development Director):** Madam chair, members of the commission, we have no changes tonight. [1:07] **Chair Curts:** Thank you. Any changes from the Commissioners? Okay, move approval. [1:13] **Commissioner Schindler:** Second. [1:14] **Chair Curts:** That was um by commissioner Schindler and seconded by commissioner Scanland. All in favor say I. **Commissioners:** I. I. **Chair Curts:** Opposed nay. Motion carries. The next item of business is the approval of the consent agenda. The consent agenda items are considered routine and will be enacted with a single motion without any discussion unless a commissioner or citizen request to have any items separately considered. It will then be moved to the land use action items for consideration. Can I get a motion of approval? [1:55] **Commissioner Scanland:** So moved. [1:56] **Commissioner Schindler:** Second. [1:57] **Chair Curts:** Motion made by commissioner Scanland, seconded by commissioner Schindler. Any discussion? If not, all those in favor say I. **Commissioners:** I. I. **Chair Curts:** Motion carries. Brings us to public hearings, which there are none tonight. So our action items is Orchard Path Phase 3 and that is Sydney Stroh. Good evening. [2:24] **Sydney Stroh (Planner):** Good evening Chair Curts and Commissioners. Tonight I will be presenting to you the request for site plan and building permit authorization of the third and final phase of Orchard Path Senior Living facility. Specifically, the request is to allow construction of a 75 unit addition to the existing 255 unit Orchard Path Continuum of Care Facility. The existing site is located at 157th Street West and Cobblestone Lake Parkway, just west of Cobblestone Lake. The proposed addition is in the south portion of the existing parcel. The site is within PD 703 zone 6. The permitted use of a Continuum of Care Facility is a retirement community that provides a range of living opportunities located on one parcel. There are additional requirements for this use including that no more than 15% of the unit shall be for comprehensive, intensive, or full care living, as well as the density of total units shall not exceed 32 units per acre. The master plan of Orchard Path included all three phases and was reviewed as part of the first phase in 2016. Phase two was reviewed and approved in 2021. Phase three is generally consistent with what was shown on the master plan as provided in your packet. The master shows that skilled nursing units were planned for the southern wing of the facility. The petitioner is now requesting for 75 Independent Living units in this final phase. If there are any questions relating to the change from skilled nursing to Independent Living, I will let the petitioner assist in answering those questions, but staff sees no concerns in terms of the zoning requirements for this PD. As mentioned on the previous slide, the only requirement pertaining to unit mix is that no more than 15% of the unit shall be for comprehensive or full care living. This provision applies to the memory care units. With the final addition of 75 Independent Living units, only 6% of the units will be for memory care. Additionally, the units per acre will come out to 27 units, which is under the required maximum of 32 units per acre. The addition includes underground and surface parking, a filtration basin, outdoor amenities, and a sidewalk connection to Cobblestone Lake Parkway just south of the surface parking. The site plan shows a building footprint of 31,360 square feet. The building coverage requirement for this zone is 30%. With the final phase, the building coverage of the total parcel will be 21%. The engineering department has reviewed the proposed grading plan and their memo is attached in the staff report. For the grading plan, I want to call out the berm infiltration basin, which is located in the southeast portion of the site. The berm located here is required as screening to the residential homes east of the facility as a condition of Phase 1 of Orchard Path. A condition for this phase is included in the draft resolution to ensure that the berm remains consistent with what was originally constructed. The berm is proposed to be shifted slightly east in order to make room for this basin. The first submission of the plans showed the berm where the basin is now. The petitioner worked with staff to flip the two, as staff believed this would be preferred and consistent with the original intentions of the berm being used as screening. For utilities, again, engineering has reviewed and their conditions are noted in the draft resolution. Final plans will be reviewed and approved during the building permit application. Oops, I think I skipped utilities here we go—here's the utility plan. Approximately 16 trees will be removed from construction of the new addition, primarily in the location of the berm and filtration basin. Five trees are proposed to be replanted. Here are the five trees and they are proposed to be replanted just northeast of the new addition. Natural resources has commented that these trees have been replanted once before during phase two and that the health of these trees will be closely monitored. With 16 trees being removed, the proposed landscape plan shows about 54 added trees as well as a variety of other plantings. The city requires multi-family residential developments to have a minimum landscaping cost of 2.5% of the estimated building construction cost. This requirement will be reviewed and confirmed during the building permit application. Natural resources has reviewed the landscaping plans and their comments are provided in the memo in your staff report. The proposed parking for the site includes 75 underground spaces and 48 surface stalls. Both underground and surface parking will be accessed from the existing south drive. The proposed parking rate exceeds the requirement for Independent Living units in PD 703. The elevations of the addition show that materials and colors will remain consistent to previous phases of Orchard Path. The materials meet design standards that are included in this planned development. With that, the recommended action for tonight is as shown on the slide. I also have the conditions from the draft resolution in my slides as well if there are any specific questions for any particular condition. We also have the applicant here tonight and I can stand for any questions as well. [8:16] **Chair Curts:** Thank you Sydney. Commissioners? Commissioner Pruitt. [8:19] **Commissioner Pruitt:** Chair Curts, a quick question. I'd appreciate a review. There's comment in the packet of the existing internal trails, and I don't know if there's detail of what already currently exists as well as the suggestion of additional internal trails. The review would be helpful. [8:40] **Sydney Stroh:** Chair Curts, Commissioner Pruitt, just to go over briefly. This is the master plan that was included in your packet. It does give an overview of trails that were planned during the planned phases of Orchard Path. This south addition is what we see now is consistent in terms of the site plan with what is shown today. So there is no really internal trails as we see in the previous phases. And again, that's consistent with what was reviewed in 2016, but we just encourage if possible in the site to add more to connect this proposed southern wing to the internal trails in this area. Currently, the proposed sidewalk connection runs from the parking lot up to this area of the south drive. Something that we could see as a suggestion is possibly adding a crosswalk in this area to connect to existing trails that they not necessarily shown here, but there is an existing trail in this area. And then additionally, we did work with the applicant to connect the sidewalk along this driveway to Cobblestone Lake Parkway so that residents could access the Cobblestone neighborhood as a whole. The applicant did note that there is significant topography in this area of the site, so with the demographic of the facility, they are further reviewing if it will be possible to add more trails. And again, we do continue to encourage if possible. [10:13] **Commissioner Pruitt:** Okay, thank you. [10:14] **Chair Curts:** Commissioner Scanland. [10:16] **Commissioner Scanland:** Sydney, couple of questions. How is the drive going to be signage or done? Because that's the entryway for supplies, trash, so forth. I easily see people driving in there and they're just going to zip down and then they're going to get stuck where they're not supposed to be. [10:39] **Sydney Stroh:** Chair Curts, Commissioner Scanland, there is a proposed—currently I believe there's wayfinding signage for deliveries on the existing site that is proposed to be demolished and a new monument sign in this area I have it highlighted will be to direct residents as well as this is also the access to the underground parking and then deliveries as well. We don't have any proposed plans for the monument sign so I don't know the exact wayfinding terminology that will be on there. But in terms of turnaround, I just wanted to note that there is this turnaround space for deliveries, emergency vehicles, as well as if someone happens to go down that driveway and they didn't mean to. [11:32] **Commissioner Scanland:** Okay, um just seems there needs to be some additional signage just prevent that to try to minimize that at all possibilities. [11:42] **Sydney Stroh:** Okay. Signage will be reviewed under a separate permit, but if you'd feel more comfortable, we could recommend that as an additional condition to the drive, please. [11:54] **Commissioner Scanland:** Okay. And then I'm also going to question how close the drive is to the Cobblestone Lake Parkway. You basically come off the Parkway and then directly into the parking lot. I'm just going to pull up a better slide to get a better understanding. So Commissioner Scanland, is your worry where this parking lot access is? [12:16] **Commissioner Scanland:** Yes, that it's so close to the Parkway entrance. [12:20] **Sydney Stroh:** Okay. Access spacing is reviewed by the engineering department. So far we haven't heard any concerns, but I believe it's been reviewed. [12:35] **Brandon Anderson (City Engineer):** Madam chair, commissioner. We did review the access spacing here. Generally what we would look for—initially this was preliminarily reviewed in 2016 when the original phase one came through. Secondarily, you know, one of the key factors or what we would evaluate is the potential for stacking or conflict to cause a stack into a public roadway, and we don't feel that's the case here. So generally we're okay with what's proposed here as it's consistent with what's been proposed previously. [13:16] **Commissioner Scanland:** Good. Okay. Then the additional questions I have is with the berm and then the holding pond. What is going to be the height between the berm and then the bottom of the—is it continuous in one? [13:33] **Sydney Stroh:** I know the berm is conditioned in Phase 1 to be at elevation of 936 and staff has kept that conditioned so that it remains consistent with what was originally approved. I unfortunately, I'm sorry, I don't have off the top of my head the difference between the basin and the berm to point out. Additionally though, currently there isn't significant planting located on the current berm. So for additional screening, there will be a line of evergreen trees on top of the berm for additional year-round screening. [14:14] **Commissioner Scanland:** And my question is driving after a safety concern with kids in the neighborhood within Cobblestone and having a height difference. Ultimately, I'd like to see the drainage pond go under the parking lot because I think that would be the best way of handling it. And the issue I have with those is right now the neighbor across the street and the apartments, they don't maintain the drainage holding area and it looks terrible right now during the summer months. You know, how is that going to be taken care of if it goes through like this here? Okay, so I think there's probably a better way of handling that than the way this is currently set up. That's a concern that I have when I initially looked at this. [15:05] **Chair Curts:** Okay, thank you. Any other Commissioners' questions? Would any commissioner like the applicant to come up? Any questions for them please? Okay, applicant, maybe they can. [15:15] **John Fletcher (Presbyterian Homes):** Hi, my name is John Fletcher. I'm with Presbyterian Senior Homes, 4510 H Avenue North in Roseville, Minnesota. Thanks for considering our project. [15:35] **Chair Curts:** Sure. Any questions Commissioners? [15:37] **Commissioner Scanland:** I had a couple questions. As a Continuum of Care facility, it doesn't appear that you're doing anything with transitional type care. That's correct? Or hospice care or anything in as far as your rehabilitation type care associated with this facility? [15:58] **John Fletcher:** I wouldn't say that's correct, actually. So those are very broad different types of care that's provided. Hospice care can be provided, yes, within independent living and assisted living, and care can be provided in independent homes. Rehabilitative care can be provided for all levels of residents. We do provide rehab therapy within the community. [16:21] **Commissioner Scanland:** Transition care within this facility or outside of the facility? [16:25] **John Fletcher:** Within the facility. Right, transitional care is more like post-acute care with folks being discharged from hospitals. Correct? Average length of stay 10 to 14 days. Yes, we do not have that kind of licensure for this community, so that is not provided here. [16:40] **Commissioner Scanland:** Is that something you were looking at doing? [16:42] **John Fletcher:** Not for here, no. [16:43] **Commissioner Scanland:** And what kind—where would those facilities within your system be available? [16:48] **John Fletcher:** Yeah, any community that has like a skilled nursing licensure is where that would fall. And our closest skilled nursing community here would be in Cottage Grove. That's our Norris Square community. [17:05] **Commissioner Scanland:** I find that concerning that you're having a facility like this and that component is not there for this population. You know, you're going in for hip replacement or knee replacement that you can't stay within your home or in your same facility that you're determining as Continuous Care. [17:23] **John Fletcher:** Yeah, if you could help me understand your concern... I mean... [17:28] **Commissioner Scanland:** Well, they have to go to an outside facility. They can't be in their home facility where their neighbors are, friends are, staff... [17:34] **John Fletcher:** A lot of post-acute care is provided in the home. It's just whether or not it's a licensed care facility. So Presbyterian Homes has almost 12,000 apartment homes within our system. We have one community of 50 beds in Roseville that's licensed for transitional care. So just for context, 50 out of 12,000—it's not a super common offering that's provided. In general, if you do have skilled nursing, you can set aside a certain number of beds or have beds that are kind of "swing beds" that would allow for transitional care. I think you might be thinking of something slightly different than... [18:23] **Commissioner Scanland:** No, I'm thinking about transitional care. Correct. It's not typically offered in this type of community? St. Therese does in Woodbury with the skilled nursing component. [18:35] **John Fletcher:** Correct. There's no skilled nursing here. And part of the reason that we're transitioning away from skilled nursing at this particular community is between availability of staffing, increased regulatory oversight, and limited funding that's available for covering those costs. It's not a viable offering any longer. [18:45] **Commissioner Scanland:** So then our community is kind of getting put where it's not having those services available to within a reasonable distance for... [18:50] **John Fletcher:** Yep, I appreciate your comments. I think what I would just ask respectfully is that we're here for a land use application as opposed to... [19:00] **Commissioner Scanland:** Well, I'm trying to understand the whole use of the facility because I've been here from the very beginning, from the start of this project. [19:07] **John Fletcher:** Yeah, the continuum of care that we're offering is the independent living, assisted, and memory care. And it has rehabilitative care as a part of it within our rehab therapy that's outpatient as opposed to inpatient, and then hospice care which is inpatient and outpatient as well. [19:30] **Commissioner Scanland:** Okay. All right. My mother had a swing bed after her hip replacement and she had to be in the hospital for it so, you know, it's tough. [19:39] **John Fletcher:** There's a limited number of beds. Understand. Yeah, they're very difficult to staff, even for us. The beds that we do have, they're not an economic driver, which is fine—we're a non-profit, we don't need them to be an economic driver. But at the same time, you know, across our system we probably have about 250 beds or so that would qualify for that, but we only have one site that has dedicated beds. [20:05] **Commissioner Scanland:** Sure. Well, obviously you haven't had it before and obviously you need more room, right? [20:13] **John Fletcher:** We typically run—we're a little overbuilt on assisted living, but in this community we run between 96 and 99% occupied. And so on the independent living, we're typically 100% occupied. [20:21] **Chair Curts:** Wow, so the demand is very high. [20:25] **John Fletcher:** Yeah. [20:26] **Chair Curts:** Any other Commissioners have any questions for the applicant? Okay, thank you. Any more questions for Sydney? If not, do I have a motion from anyone? [20:39] **Commissioner Pruitt:** Yeah, I'll make a motion to approve site plan and building permit authorization to allow for construction of a 75 unit addition to the existing 255 unit Orchard Path Continuum of Care Facility on the property located at 5400 157th Street West. [21:05] **Commissioner Schindler:** Second. [21:06] **Chair Curts:** Thank you. Motion made was by commissioner Pruitt and it was seconded by commissioner Schindler. Do we have any discussion? [21:18] **Commissioner Scanland:** I have some questions that I'd like to see answered before we go forward, but if that's not the consent of everybody, I'm fine with that. But because we don't normally do these on the same night... [21:30] **Sharon Hills (City Attorney):** Madam chair, yes. This is a land use item, it's not a public hearing, so you would normally act on the same night. But certainly if you ask questions and they're willing to answer... if it's related to land use, yes. [21:50] **Chair Curts:** Thank you Sharon. Any more questions you want to ask commissioner? [22:00] **Commissioner Scanland:** Okay. [22:15] **Commissioner Mahar:** I noticed in the packet there's—the action requested makes specific reference to the conditions listed in the draft resolution. Should that be part of the recommendation? There's a difference between what's on our screen and what's in our packet. [22:27] **Sydney Stroh:** Sorry Chair Curts, Commissioner Mahar, apologies that wasn't included in this action. If Sharon—if they want to direct their action to the conditions on the slides listed 1 through 20, I believe that would be a suitable action to make. [22:45] **Sharon Hills:** Correct, that's good. [22:47] **Chair Curts:** Okay, so do you want to add that? [22:50] **Commissioner Pruitt:** Yes. Would you like me to start over? How about I go from the packet. I would recommend approval of a site plan building permit authorization to allow for construction of a 75 unit addition to the existing 255 unit Orchard Path Continuum of Care Facility on the property located at 5400 157th Street West and legally described as Lot 1, Block 1, Presbyterian Homes at Cobblestone Lake, subject to the conditions 1 through 20 listed in the draft resolution. [23:25] **Commissioner Schindler:** Second. [23:26] **Chair Curts:** Again, that was motion by commissioner Pruitt and second by commissioner Schindler. Any discussions? If not, all in favor signify by saying I. **Commissioners:** I. I. **Chair Curts:** Opposed nay. **Commissioner Scanland:** Nay. **Chair Curts:** Motion carries. So approved. Thank you. That brings us to other business, Mr. Tim Benetti. [24:01] **Tim Benetti:** Thank you Madam chair. Just wanted to remind you our next meeting is for Wednesday, November 20th. We do have one item scheduled for that night; that will be a sketch plan and review for a proposed fast food restaurant with drive-through services. Our next meeting after that is December 4th. And our Council meets November 12th, which is a Tuesday next week, and Tuesday, November 26th. Those Tuesday meetings were created number one by the election last night, and the second one was due to a conflict with a conference that's going on during that week as well. So if you have any questions, happy to answer them, and have a good weekend. [24:40] **Chair Curts:** You too. And congratulations to the new city council people. Yes, reelected. Do I have a motion to adjourn? [24:50] **Commissioner Scanland:** I move. [24:51] **Commissioner Schindler:** Second. [24:52] **Chair Curts:** Motion made by commissioner Scanland, seconded by commissioner Schindler. All in favor say I. **Commissioners:** I. I. **Chair Curts:** This meeting is adjourned. [25:05] [Music]