[0:00] [Music] [0:59] Chair Curts: good evening everyone I call the August 21st 2024 Apple Valley Planning Commission meeting to order the first item of business is the approval of the agenda any changes from staff [1:09] City Staff: chair Curts uh members of commission we have no changes for you at this moment [1:15] Chair Curts: thank you any changes from the commission can I get an approval recommend approval second motion made by commissioner um scandin and second by Commission commissioner um oh my gosh I have my little cheat note here it is here it is all in favor say I I oppose 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 discussion unless a commissioner or a citizen request to have any item separately considered it will then be moved to the land use action items for consideration can I have approval for the consent agenda please [2:05] Commissioner Scanlan: mam chair I recommend approval of the con uh consent agenda as outlined [2:09] Commissioner Sandell: second [2:10] Chair Curts: thank you motion made by commissioner scanland second by commissioner sandal any discussion if not all those in favor say I I oppose nay motion carries next brings us to public hearings and we have two public hearings tonight the first one is going to be for Alex sharp no right Kathy yeah I got too many notes going on here Kathy sorry we will now open the public hearing for agenda item 4 a the affid it of publication for the notice of public hearing is available for inspection in the planning department everyone wishing to speak at this public hearing should be sure to fill out the attendance roster include your name and address so that accurate records can be maintained we will begin the procedure with a brief presentation by City staff followed by a presentation by the petitioner of the hearing upon the conclusion of the presentation City staff will be asked a comment to comment on the proposal conformance with pertinent regulations and policies after that comments will be taken from the general public Kathy [3:32] Kathy Bodmer: thank you madam chair planning Commissioners this item is a request from the petitioner Trident Development LLC and the current property owner Rockport LLC and they are requesting consideration of a comprehensive plan Amendment from c commercial to HD high density residential which would allow for 12 plus units an acre of density on a 5.62 acre parcel the property that they are reviewing is a parcel that's on the northwest corner of 157 Street and English Avenue in the Orchard Place Development Area more specifically they are looking to subdivide an existing Outlaw Outlaw D of Orchard Place second edition um the parcel they'd be creating then is the 5.62 acre parcel there um on the South Side as I said the property is currently guided c commercial as shown on the left hand side and um what they're requesting is to be able to redesignate it to HD um the petitioners seek to regu the property to high density to allow for development of the site for um apartments for a four-story apartment building the comprehensive plan amendment is the only action that's requested at this time excuse me um if the project were a move forward the the petitioner would need to apply for and receive approval of another a number of other um items resoning of the property subdivision by preliminary plat site plan review building permit authorization but for now they're just focused on the comp plan Amendment so getting the first element um in line the site plan is similar to what the Planning Commission reviewed at the sketch plan February 7th 2024 uh what is being proposed with the petitioner is looking at is a four story apartment building uh 128 units total of those 128 units um 128 garage parking spaces are provided um 195 surface stalls which works out to 2 and a half um parking spaces per unit which is pretty pretty healthy um and as we said the the Planning Commission did review this in February so you've you've seen this had some questions and um we're working through some issues with that um the exterior design of the building the the rendering shows a combination of cultured stone and lap siding is what it appears to be um just from this kind of artistic um depiction um and the one comment that we would want to make is that that if the project were to move forward uh it would be important that the building reflect the same kind of architectural um uh elements and kind of excitement and activity and interest as the rest of the commercial area so we want to make sure that it's really reflective of what's going on in the um Orchard Place commercial area the petitioners just provided to to us today um another uh site plan showing dedicated dedication of um an outlaw along the north side of the property what the idea there is that um an outlaw would be dedicated to the city and that would be part of their park dedication but would provide a trail link then from English Avenue into what's shown there to the West which is a trail head feature um that the city has been working on and in fact is going to be dropping a bridge on tomorrow or soon very soon so it's under construction right now uh pretty exciting project so when we review a a a request like this a couple of questions come to mind have conditions changed that impact the land use vision for the area is multiple family residential development appropriate for the site will multiple family residents be impacted by the nearby commercial development including some Auto oriented uses and how can those conflicts be mitigated one of the questions the um commission brought up at the sketch plan was similarly could the commercial development be negatively impacted by the residential so those are all questions that that should be um evaluated as part of the review of this request so with that Madam chair staff is recommending opening the public hearing uh receiving comments closing the public hearing it's the policy of the Planning Commission to not take action on an item on the same night as its public hearing couple of notes before I turn it back is um since the February sketch plan the city has received two uh emails with comments related to the proposal and then just this afternoon we received a third and that has been placed at your spot there at the deis so with that I could stand for questions if there are any [9:40] Chair Curts: thank you Kathy uh commissioner Hass [9:43] Commissioner Hass: yes um are we looking at just what uh was on the on the diagram here as far as for the apartment for changing from commercial to high density residential or or is it the lot north of that we're looking to change that also [10:11] Kathy Bodmer: Madam chair commissioner they're looking just at the southern lot and it's just the idea of amending the comprehensive plan so the comprehensive plan is a layer of approval zoning and subdivision come after that um so the comprehensive plan is the first thing that has to be lined up in order to allow for the multiple family development so um nope the the property to the north would remain not impacted okay no change [10:48] Chair Curts: commissioner scanland [10:51] Commissioner Scanlan: Madam chair Kathy um couple of questions um I'm hesitant about thinking about changing the comprehensive plan as we had it set up I mean we put a lot of work in that between the 2030 and then going 20 240 and this is the last um undeveloped properties within the city of Apple Valley and that we're giving thoughtful um consideration on how they're being developed and this taking a total different turn in a different direction than what was originally planned the whole idea was not to envelop this area with Residential Properties um and um so I guess my question is then as the developer com forward on what they're thinking about moving forward with the the rest of the remaining properties besides this um it seems like if we open this up that it's going to open up to more residential going forward and that's where I'm concerned without having a deeper understanding of what direction we are or what their thoughts are going forward um I understand the idea or the the fact that market conditions changed and we've been working and flexible and moving through that as things have taken place for various reasons but to go directly to now to um residential I'm a little bit hesitant about that and concerned so um and what and then where within the comprehensive plan where does the city sit in terms of um whether it's single family high low density housing um and that we're meeting the requirements from the the um um oversight of the uh escaping me but the Met counil met counsel thank you very much um in where we're sitting because it seemed like we're that we have a good balance going on right now and this is going to what this means to that balance [12:44] Kathy Bodmer: sure um Madam chair um commissioner scanland this area was zoned and designated for um retail business commercial with the idea that the overall um area would be developed with big box retail Y and then over time it kind of scaled down scaled back to Mid midbox and now um what the property owner and developer have said is they're just it it's kind of a soft market right now in the comprehensive plan the property north of here and even north of of that even further north of 155th um is really set up to be the city's mixed business campus so kind of a real emphasis on jobs and that was an area that the city was very concerned about um preserving for jobs and not necessarily turning over to residential so in a case like this um I guess that's part of the evaluation um Can the site handle the change is it properly sized traffic so on and so forth um our understanding is that the property immediately to the north is still um being marketed for commercial uses so that would be something that you could ask the petitioner when they get up [14:14] Commissioner Scanlan: yeah yeah just and to add I mean on looking at it from the other side as far as looking at going forward with this there's the higher density properties to the just to the west or underside of the the um um storm water treatment pond so there would be a fit or a mix there for that to fit into there but it kind of goes back I I need to have a better Global or bigger picture understanding of what the change that's taking place here and what that means what that means to Apple valleys [14:56] Kathy Bodmer: sure sure um it and one more thing commissioner scandin um Madam chair just to kind of follow up uh the city does have um goals set forth in the comprehensive plan as far as um developing for um more density more residential not a ton not a ton of more but um we're still being um kind of encouraged to continue [15:19] Commissioner Scanlan: and that was kind of my question is where are we at in that balance and what that what this would do would that f fill that balance or push it over the more than what we are looking for or the question I have so [15:37] Kathy Bodmer: and that's an analysis we could provide [15:39] Commissioner Scanlan: yeah okay thank you Kathy yep thank you [15:42] Chair Curts: commissioner puit [15:42] Commissioner Puit: yes thank you madam chair uh Kathy just a quick question you know you mentioned the soft market and certainly there's note here about the master plan in 2017 most of this is a retail area um and that was a desire and you can drive by and go what's going there and seven years later there's nothing um so I'm curious what level of Interest have has a city received from businesses um is there anyone that has been knocking on the door to develop this into what was originally intended over these past seven plus years [16:21] Kathy Bodmer: Madame chair commissioner Pur the um really because it's privately owned land the city hasn't been that involved um but our understanding from talking with the property owner and the broker is that it's been pretty flat the interest has been kind of weak so but we're coming out of Co and kind of a bunch of significant disruptions so um I I think that might be a a great question to ask them when they come up thank you [16:40] Chair Curts: commissioner uh sandal [16:41] Commissioner Sandell: Madam chair Kathy um do we know if there would be impacts to the current retail businesses or even the the northern lot um changing this to residential um in terms of hours there loud noise all those kinds of things that might end up changing [17:15] Kathy Bodmer: yeah I think that um would be good to bring back commissioner sandel if you're comfortable with that um what what I see when we look at the aerial is that um between the the retail is um the the what will be the tire the tire um repair shop replacement and then the car wash so those two will actually be a buffer between the outdoor dining areas and the apartments um so that'll kind of help a little bit [17:48] Commissioner Sandell: but what about for that tire store and the car wash will they be impacted as well [17:56] Kathy Bodmer: I think that's a good question and worth yeah okay worth looking can we ask the city engineer for traffic [18:03] Chair Curts: have we done any analysis on traffic and such [18:06] Kathy Bodmer: yes Madam chair in fact um a preliminary study has been provided and it's in your packet um Evan are you prepared to speak highly of it [18:18] City Engineer (Evan): yep Madam chair members of the commission um so I did include a preliminary traffic memo and I thought it would be most prudent to compare the proposed use versus the current zoned or guided use and so in a nutshell the daily anticipated trips of what's being asked or being requested is roughly 6,300 less trips per day than a commercial or medium box retail use um so as far as the traffic concerns go the site certainly could support the use um obviously because we're seeing a much much less use and and I suppose um while I have the the microphone the the sanitary sewer service as well is adequately guided or provided for the site so um changing the use does not negatively impact future development Upstream of of the site [19:28] Chair Curts: and just in case residents are listening or in the audience then that would be even a lower count you're saying for residential than it would be if it was a business yes yes thank you for saying that uh commissioner Mahal [19:36] Commissioner Mahal: um I I guess I want to Echo some of the concerns that have been expressed already um actually it seems to me the way it's currently set up if you look at the the colorcoded comprehensive plan the the having 6,300 less vehicles per day seems to be a significant impairment of the retail and Commercial development throughout the develop throughout that that area I mean that's kind of the that drives business the traffic counts and now you're you're taking the almost a quarter of of that out of it and decreasing the traffic counts by 6300 um I again Echo the comments about the high density zoning uh located across the the treatment Pond um are the purple areas to the north that's is that the um mixed business campus yes yes so in addition to that is this sort of it my recollection from the first discussion of this is that this combination of residential with commercial um that's that's that in the style of a mixed business campus is that correct or am I misunderstanding what would be located in a uh mixed business campus chair CTS um commissioner the it depends on what the established vision is for the Mixed business campus so the way it's laid out in the city's 2040 comp plan the mixed business is really oriented more toward jobs Corporate Offices um industrial Light industrial that kind of thing with less housing okay um but yeah and I guess that's the the best way to explain that okay because it just seems to me as as um set forth in the comprehensive plan um you know you have that entire site that is set up for commercial development and there's a nice buffer um between the medium density and the high density housing to the west and now you're bringing the the housing into the commercial I I'm just not sure if that's the right fit for it I just I can I I think okay I I just I just think there's a benefit to having um that and I'm I'm I'm certainly um sympathetic to the the fact that it it has been flat interest um but it's also when you look at the you know I don't I don't believe the tire store is operational yet no hasn't started you know um con and obviously El you look at the mix of businesses immediately to the east um are we moving too soon um as those businesses develop their uh customer base is it moving you know will will the the sites to the West become more attractive um to potential business suitors commercial suitors whether it's big box medium box or otherwise um so I don't know I don't I don't know if there's an urgency to move and that gets back to all of the questions about where we stand with respect to the the balance and requirements but I don't know that if there's any urgency to move maybe see how things go [23:14] Chair Curts: okay Kathy is there a time period that the land owners wait for to see applicants come in or Interest come in is there a time frame that they have on that [23:31] Kathy Bodmer: not that I'm aware of um but as we've been speaking about the plans being started in 2017 I mean it's been kind of an ongoing process because I guess what I'm hearing is the concerns of that but like in the purple Zone with the mixed business and Etc you know how long do they wait to see if they get interest on that I think what I hear is the concern also that could they say okay we don't have any interest for this area so we're going to do apartments and high density on this also so um Commissioners would you like to have the applicant come up thanks Kathy yep thank you so Trident developments here Chris okay [24:23] Chris Mo: Jeff Rogers with tri and I'm Chris Mo with HJ development good evening everybody can you stay to address also please I believe right 2425 throrough bread Lane Oro okay thank you yes so HJ has been involved with the project since 2019 we've been the master developer for all of the commercial area so we've brought through the various projects that you see that are now built here in the tire store um it's all of the larger stuff that was originally put here we just haven't had any success securing any of those users and it's not necessarily that it your site or your city it's just a structural change that's happened in the retail World online sales have really changed how those Box Store operators do business and they're just a lot of them are over stored closing stores so the the churn of new store development for a lot of those box stores is just not happening and if it is it's happening in existing structures where their rent is much lower and so building those Today just isn't even close to feasible with construction costs and the rent that they'll pay so what we do is really just commercial development we'd love to have seen this all be commercial because that's what we do um because we haven't had any luck with it since 2019 um that's really the thought was okay let's get somebody that would bring a nice highquality multif family project that would complement what commercial we have and then allow us to develop the balance of what we have left so the question of would this be it or would this be kind of like a okay we got one apartment approved ask for another that would not be the case the case would be if this were approved it would be done in this area from a multif family standpoint and then we would um you know work to do what we can to get the call it 10 acres of the remaining property developed for um commercial if you look at just the size of this it's a pretty big development from a commercial standpoint for today if you look that stuff that is happening and a lot of the newer developments I'm working on several of them have a multif family component to them and we feel that the the retailers like it because even though it generates less total daily trips it's residents that go eat at the restaurants often can walk across the street they they go buy groceries at lungs so um I'm doing something similar in Blaine something in Maple Grove where I've got retail components and then um the other commercial so if you look at it I think we probably have somewhere near 30 acres here still of commercial if we peel out this 5 acres for the um multif family so we really are excited about it you know we're certainly invested here and going to be for a long time um with what we've built we don't plan to sell it and throw it to somebody else so we want to see something nice done and we think that trident does a very good job we've had a bunch of multif family developers because there was a lot of interest we did get a lot of calls from apartment operators over the years just not the big retailers that you know we wish we had so um that's kind of high level where we're we're at with it I mean I'd be happy to come back and share some additional Concepts on what we could potentially do on the balance from a commercial standpoint um we've been working with some small shop type tenants as well as some restaurants and bigger entertainment type users but that's been slow going too new construction in general just coming out of Co High interest rates High construction costs has has been a challenge um whether or not that you know gets better in the near term I don't know but again I think there's just structural changes that have happened within the retail industry that are going to make this land sit for a long time if it all is to remain retail in my opinion so that's kind of my piece then I'll bring up Roger from Trident he can talk about all the specifics of the project did anybody have any questions for him first [28:43] Chair Curts: commissioner sandal [28:49] Commissioner Sandell: Madam chair um one thing that you said just caught my uh ear that you're worried that this one will sit for a while if we don't move with it like this are you concerned still about this stuff to the north sitting for a while or do you think that this will help bring in [29:05] Chris Mo: I think it will help I think it will complement it and I think it will draw additional interest that will help get some of these things that we're trying to make happen to the north to happen [29:16] Commissioner Sandell: okay oh I'm sorry can I ask one more okay [29:18] Chair Curts: anyone else commissioner Hass [29:21] Commissioner Hass: thank you madam chair um just curious on the on the Northern portion of this once you if this would be moving ahead to putting the uh multif family uh apartment complex in there is that going to be a deterrent on the Northern lot for commercial saying that we're right against a residential area that doesn't lend well for for our commercial property for what we want to put in there [29:55] Chris Mo: sure is it is it does it balance well for you have you seen this in other other locations where that works yes yes you see it quite often you know mixed use districts now have multifam and then like I said I've got another another project in Maple Grove and one in Blaine where I'm doing something very similar where we've got larger tracks of land we're building apartments with other partners and then we're doing commercial and when you're talking with the retailers they really like the fact that there's apartment buildings nearby is it a certain type of business that uh that lends itself with an apartment next adjacent to that grocery stores restaurants Automotive uses um yeah everybody likes to have kind of a built-in customer base is what we find and so they like that density right out their door [30:31] Chair Curts: commissioner sandal [30:32] Commissioner Sandell: um Madam shair sorry I had one more um the tire the have you because you were you the one that developed all of these right in here that's that's correct we didn't do lon's store but everything else yep have you had any conversations with like the tire store and um the the car wash about being across the street from [30:48] Chris Mo: yeah they're all aware of this and I'd be happy to bring forth you know letters from them if you wanted to see that or any of the tenants with their opinions we could certainly do that I'd be curious that sure no problem thank you [31:14] Chair Curts: commissioner scanland [31:16] Commissioner Scanlan: Madam chair um it would be appreciated if you would come back and show us some ideas about the the your concept of doing this with with having res um high density residential mixed with commercial okay properties um and other projects you've done and kind of give a visual on what that looks like and just moving forward I think that would help a lot um and um because you you've been involved with this just like the city and the Planning Commission has been for a long time right Forward Thinking as as the sand and gravel mining has been winding down to an end in the future and what direction that this is gone and um I think what's been done in the commercial side so far has been a good complement to the east side of the city here and it's it bringing a balance of services um um across the city so to um see what your more IND depth thoughts of what your concept of doing this would really help okay us I think as a commission are you referring just to the balance of Outlaw D that goes up to 155th or are you talking about the mixed business campus I I think maybe just a Refresh on the whole thing would help all of us with because we I think each of us have had questions about the sure U mixed business campus also and um just uh it's been a while since we've kind of talked about the plan overall and I think that would really help out and we don't have all of that under contract ra right so um there's been different concepts that have been thrown out there but a lot of it is stuff that we don't do so there's not a whole lot of commercial up there there's a couple pieces and I think only one multif family site off on the Far West and then I think it's a lot of office and Industrial kind of a thing um so I'm happy to give you some detailed plans on you know what I have control your portion of it yes yeah I can I can certainly do that a few different looks of the scenarios we're looking at at and then you know if you want to talk about other things to the north I'm not sure that I'm the best one to do that yeah I think it would help with the dialogue here so okay thank you [33:38] Chris Mo: you're welcome [33:41] Chair Curts: it's unfortunate that some company doesn't want to come in that big large area for entertainment for families or you know like uh I'm trying to think of just anything that families could do I mean Apple Valley just really needs something for families for entertainment [34:02] Chris Mo: well and we do have and I don't want to make any promises but we do have an entertainment concept that we are talking with for the balance of land to the north portion of it but I can't make any promises but they have other facilities and it's like a have volleyball courts and bean bags and then indoor bowling and things like that but it's an early discussions so um I'll have a site plan from them fairly soon and be happy to share it we need like a top gol or Gokarts or something like that trust me that would make me very happy too thank you thank you [34:33] Chair Curts: we'll take the uh developer or the Mr TR thank thank you Chris I appreciate that [34:44] Roger Fink: mam chair members of the Planning Commission I'm Roger fank I'm with Trident development St Cloud uh see 1200 25th Avenue South thank you and um thank you for your thoughtful questions and your concerns on this application also want to thank the city staff uh for their help on the application and the very good report you made so thank you um I do have some prepared remarks so I'll go through those and then be prepared uh to answer some questions but like Chris said we really believe that the introduction of multif family into this commercial node uh will be mutually beneficial not only for the residents but for the retailers as well we're seeing this as kind of a revolution in the commercial real estate industry where retailers and housing developers are partnering up to have a mixed use a very congruent very mutually beneficial mixed use land plan um so I think some of the benefits that this change would bring to the overall master plan is it utilizes some vacant land that doesn't any longer seem to be in demand for retail use or commercial use it creates additional households um otherwise Shoppers uh within walking distance of many of these retail establishments it affords some nearby housing options for the employees that are now working in those areas and it creates a trail connection um from the North Creek Greenway trail head uh easterly over to English Avenue and it enhances I think the public utilization of that that that Trailway so uh situating a highdensity residential land use in close proximity to retail and Commercial um is a rather common um land planning um practice I think that you'll see that that occurs throughout Apple Valley in a variety of places I have some photographs that I can illustrate that but I'm sure being from APPA Valley you can recognize where those places are the bigger question is is this the place to make that happen again um so we see it as creating a suitable buffer between the Intensive uh commercial use and a lower density housing use on the other side so this land use change would create that buffer so some concerns have been raised um I've seen a couple of the emails and then some from Planning Commission last time uh but I haven't seen that third comment so I can't address that there was a question about noise generated from car wash and potentially generated from the I call it the tire retail store impacting the apartment residents um I can only say that I personally um inspected or observed onsite during business hours of the car wash as it's operating and from where I was sitting right at the corner of English Avenue and and at the site there um couldn't hardly hear anything going on at the at the car wash though cars were going through so that's a very quiet operation in my opinion and I honestly don't think with the distance and the noise level they generate that will be any negative impact to residents at the apartment conversely I would probably uh say that you know the residents the households number of cars right across the street from the car wash could be a benefit to the Mr Car Wash business and we would probably cross Market our uh our residents for commercial for customers there uh there was also another concern about population overcrowding and traffic congestion uh recognize that you know city of Apple Valley there's a lot of good reasons to live here um a lot of people move here for very good reasons and a variety of reasons and um I think the city has done a great job of offering and creating a variety of housing options for people moving here and we think that apartment housing is one of those important elements um further you know we've talked about job creation in the northern section of this master plan and in some communities we actually find employers struggling to hire new employees because those employees can't find housing or can't find Housing close enough to make it work for them so I would I would submit that putting housing near that employment base would help Foster and create interest for employment expansion or new businesses coming in um I think we addressed the housing or the traffic impact with um report on the traffic study so I won't uh belabor that except [40:17] Chair Curts: can I ask one question question on that what about somebody is asking whether or not with the increase of pedestrians and stuff are you going to have some crosswalks there and Etc like that [40:27] Roger Fink: thank you for bringing that up um Madam chair we've been working closely with City staff to organize our vehicular traffic patterns and our pedestrian connections and though we're not here to approve a site plan tonight right um I can get into some details of our site plan that illustrates how we've made um elaborate attempt to provide lots of pedestrian connections throughout the site connected them to the trail connecting them across English Avenue to the retail use cross rocks and bicycle trails and so forth so I think we're doing a very thorough job of that if we get to the point where we are in the site planning uh we'll get into that in far more detail sounds good thank you um you know as as Chris Mo testified uh the big box and Junior box retailers um are just really scaling back their appetite for Brick and Mortar stores for a variety of reasons and uh I think that you know we're just seeing a lot of commercial land sit vacant for long time one case in point uh our company is building and about to open a apartment building in chasa that is on what was formerly a junior box retail site it was anchored by a Kohl's still is a successful coal store but the junior box portion of that shopping center never ever got off the ground in chasa so the developer of the of the shopping center came to us and asked if we would consider putting housing there because he couldn't find any other user that would have interest in doing that so we successfully worked with Kohl's we worked with the city we worked with the Hazel team golf and country club which is immediately uh east of there to come up with a very mutually beneficial housing project um that we're very proud of and I think it really works well within that little shopping center so these residents will have walking distance to McDonald's to Kohl's to Chipotle to Aldi's and I think that those retail users are delighted knowing that all these Shoppers now all these customers are going to be so close uh to their business so we're seeing that kind of as a trend happening even throughout the m um I could get more into the site plan if you care to do that uh with um you know what our concept plan is addressing in terms of amenities and separation of public from private space and parking organization so forth if you care to I really feel like that's really more intended to be for site plan approval when we get that point we can wait on that so I guess I would just conclude by saying that while this is different than what the master plan originally contemplated we just think we're responding to the evolution and what's going on in commercial real estate don't see that coming back we think that Amazon and online shopping and work from home and remote employees really retracting the brick and mortar and the appetite from for commercial businesses to have real estate and so in the meantime there continues to be in pockets of of housing shortage and need for housing so um this has really been a a trend that we've been seeing and we think it will work really well here in Apple Valley um that being said I guess I appreciate your consideration this application I'm here to answer any questions for you please [43:52] Chair Curts: any questions commissioners you might have one question commissioner H [44:00] Commissioner Hass: um you mentioned tonight that they're um on the north end of this property that we're questioning uh we're proposing here uh that there is going to be a trail put through there that's our proposal is that part of your property or is that that property that's going to be turned over to the park for that it will be for the park to maintain or is that going to be your property [44:27] Roger Fink: what we intend to do and it's still up for negoti but Our intention was to purchase that ex extra land it's about a 40t wide strip of land is to purchase that construct the the trail 8ft wide Trail connecting it to English Avenue course at our expense we would replat out lot D so that that 40 foot wide strip would be designated as an outlaw and then if that's the city's wishes we would dedicate that outlot property to the city for public use a good portion of that 40ft strip is already encumbered by an existing uh public utility easement for I think it's for storm water mainly so there's not a lot of other use for that 40 foot strip because it's pretty well encumbered by that EAS already but so we collaborated with City staff and felt like this would be an ideal opportunity to create that trail connection from the trail head over to English Avenue and get more uh Shoppers and more customers over to the retail Center by doing so just a little clarification on for future maintenance and updating of that property whose responsibility would that be if we went through that dedication of the outlaw to the city the responsibility for maintenance and upkeep of that lot would be the cities so it be part of the Public public domain [46:01] Chair Curts: any other questions thank you sir all right thanks again okay a follow up for Kathy Kathy uh commissioner scanland has a follow-up question for you please [46:16] Commissioner Scanlan: Kathy um besides looking at um what I we talked about earlier with um housing um need in vacancies and so forth can we also look at the commercial property vacancies within the city in terms of the fact that we're taking and we looking at putting residential versus using commercial that uh um what the res uh vacancy level is right now within Apple Valley [46:53] Kathy Bodmer: Madam chair my colleague Alex is that data available [47:01] City Staff (Alex): Madam chair we can try to put something together on that as a general notation to it we have some pretty quick turnaround in Apple Valley with the smaller sites M uh where we've lingered as big box harder to fill or unique build sites uh but we'll see what we can get together and perhaps uh our commercial developer in the room can even assist slightly with that [47:28] Commissioner Scanlan: yeah it seems like it is always in the past that it's always been pretty tight in terms of that there was a lot of vacancies um um available for commercial use are you thinking vacancies in terms of office space in particular or well that would be suitable to be competitive with this okay for that discussion competitive discussion I guess I didn't clarify that initially okay that um U versus the industrial side or that type of vac cancy okay just the the I guess it would be the retail commercial side of it sure okay okay yeah we can do some investiga okay thank you thanks Kathy [47:58] Chair Curts: okay at this time if there is any uh residents who would like to come up please come to the podium to speak and address all comments and questions to chair and if I also may add that I need your name and your address when you come up please [48:31] Andrea Stefan: good evening um my name is Andrea Stefan I'm in uh 15572 Everglade Avenue so I'm on the North building that's directly across from the storm water treatment um I just wanted to give some considerations and questions um for this project um I am in favor of the trail head I like that um addition um the noise and light pollution from Mr Car Wash I'd say the light pollution is actually the bigger deal than the sound it it's very bright um and the sound it kind of with those vacuums that are there it's a very high-pitch noise so it could have possibly bothered dogs um because it's it's very high pitched I walk there frequently um let's see another consideration are um are the architectural of requirements as far as the brick and whatever was shown on the front what's on the back side because that would be my view um and then also has there been any um as far as the impacts to the schools is there going to I haven't heard anything about is there going to be um any issues with population for the elementary school and middle school and high school that this would be assigned to um and then just as far as the future planning there's already the high development that will be high density development that will be to the north would there be any issue with um competition between this and that being built in the future um let's see I'm not a huge fan of that it's four stories tall um I mean our units are three stories so that it is taller but four stories just kind of is a bit of an isore in my opinion um and then just expressing a desire for a a gas station in this area there's none on the right side when you come down pilate KN except for Holiday there right well inan that's on Pilot Knob and 42 yeah right Johnny Kake oh Johnny Kake right like sorry it's not visible from from Pilot Knob okay those are my questions thank you [51:00] Chair Curts: thank you uh Kathy do we want to address any of her questions at this time or are we just taking questions down and we'll have answers later [51:09] Kathy Bodmer: can I just jump into one [51:10] Chair Curts: absolutely [51:13] Kathy Bodmer: the the one with the architectural um the city code says that it has to be foursided architecture so it has to be equally attractive on all sides [51:24] Andrea Stefan: thank you so I'll cross that off the list [51:25] Chair Curts: all right thank you very much thank you any other residents [51:28] Brandon Irish: Brandon Irish b r n d n i is 5884 156 Street West uh same development as she is I guess my only thing and it's probably not a big thing but something to at least think about you know we've got that walking uh sidewalk which I'm going to guess that's going to be have an impact of uh higher traffic through there um my my house is right alongside that sidewalk so what concerns me would be an increase in crime having much more people whether that be you know if understanding it's family houses but that's going to include teenagers um you know and and just maybe some little more Riff Raff um so that just gives me a little bit of little bit of concern [52:27] Chair Curts: thank you any others if there are no further comments I will close this public hearing it is a policy of the Planning Commission not to act on an item on the same night as the public hearing the Planning Commission will weigh all comments and information received tonight in his deliberations at Future meetings this item will continue to appear on future Planning Commission agendas until a recommendation on the petition can be forwarded to city council thank you okay we have one more public hearing tonight and that will be Matt Sam that is with the applicant of city of Apple Valley we now open the public hearing for agenda item 4B the Affidavit of publication for the not noce a public hearing is available for inspection in the planning department everyone wishing to speak at this public hearing should be sure to fill out the attendance roster including your name and your address so that accurate records can be maintained we will begin the procedure with a brief presentation by City staff followed by a presentation by the petitioner of the hearing upon the conclusion of the presentation City staff will be asked to comment on the proposal's conformance with pertinent regulation ations and policies after that comments will be taken from the general public hello hello thank you madam chair and commission members [54:10] Matt Saam: I'm Matt s I'm the Public Works director with me tonight is Samantha Burger she's our natural resources coordinator so if there's anything you all ask me that I can't take giv it to Sam so um should be a fairly brief discussion um we are looking to um or we're proposing a revision to chapter 155 specific spefically we're going to be talking about the drainage um kind of requirements that are in that code section so um again what we'll talk about tonight our discussion topics are what prompted these revisions um go through a summary of the ordinance revisions again it's it's fairly minor um and then of course open the public hearing so what did prompt these revisions I'm going to step back for a second first um in front of you all tonight is chapter 155 it's part of the zoning Ord that's under your domain um we're also at the same time um after it goes through Planning Commission going to be bringing a revision to chapter 152 to the city council for formal approval both of those CH changes are um um they are U where am I going with this they're required in accordance with our ms4 storm water permit uh it's a municipal separate storm sewer system permit from the MPC again drainage requirements storm water that's what we're talking about here so the existing chapter 15535 um entitled drainage requirements has both storm water runoff design criteria in there along with impervious surface coverages for Lots so our proposal is to um leave basically the imperious impervious surface requirements Alone um but with the storm water um uh wording in there we want to delete some of the older outdated language um change some of the remaining language and then move that into chapter 152 that other chapter I was talking about um which is entitled natural resources management um we then as part of 155 those revisions reference back to that chapter 152 along with our surface water management plan which contains all of our drainage requirements for the city so a lot of words there I wanted to go over the exact wording for the um for the ordinance for the public at home um so I'll just read this quickly all land property within the city shall be subject to the city's drainage and storm water management regulations in in accordance with the city storm water management plan surface water management plan or other operational plans adopted by the city and in accordance with those regulations set forth in chapter 152 here in governing natural resources management regulations so with that um I'd be happy to take any questions and then we could open the public here [57:24] Chair Curts: sure thank you any questions from Commissioners commissioner scanland [57:28] Commissioner Scanlan: mam chair I guess the biggest thing I takeaway that I have on this it just really simplifies the um um impervious especially for residential types you're not working through a math formula and it just you're just looking at a simple uh square footage and percentage and it just makes a lot clear for folks especially when we are looking at variances from time to time with folks wanting to do things to their property and so forth I think it'll help them visualize much simpler than it was previously so [58:08] Matt Saam: yes thank thank you commissioner good point yeah it should um clarify and make easier the requirements that are left in chapter 155 again referencing to 152 for any specific drainage requirements we are leaving the impervious surface uh requirements alone [58:24] Chair Curts: thank you anyone else okay no other questions thank you uh would anybody like to come up to speak looks like that is it so at this time if there are no further comments I will close this public hearing it is the policy of the Planning Commission not to act on an item on the same night at public hearing the Planning Commission will weigh all comments and information received tonight and its deliberations at Future meetings this item will continue to appear on future Planning Commission agendas until a recommendation on the petition can be forward Ed to city council unless there's anybody who would like to make a motion tonight [59:04] Commissioner Scanlan: Madam chair I recommend approval of a draft ordinance amending section5 350 to update the update and clarify storm water management requirements [59:15] Chair Curts: second motion made by commissioner scanland second by uh chair CTS any discussion if not all those in favor say I I oppose nay motion carries thank you that brings us to land use action items and there is none to list tonight so that brings us to other business and Mr Tim benetti [59:52] Tim Benetti: thank you madam chair members of commission so in your packet tonight uh you received a uh background information on our our proposed cannabis ordinance that we are uh diligently putting together and frantically put together because we have a tight timeline to get it done by the end of this year uh this packet of information it contains again a really uh great memo prepared by our planning team our planner Alex it just gives a a great background some mapping uh a great table and a a really deep dive uh packet of material from the office of cannabis Management on a guide that they're they're they're providing for local governments tonight we just want to make sure that this information is just for your background and for your perusal we'd like to have no questions at this time although not to be impolite we'd like to just have your questions held off until the public hearing on the 18th uh tonight you did set that public hearing and we intend to have a draft ordinance ready for you for review at that time and also for any other questions or comments or concerns support or or or non support of of any items that we plan to present to you so for tonight we're just simply asking that you take this information home with you uh sleep with it at night and and and get uh make sure you're well rested and prepared for the next 18th meeting because we intend to have a lot of information for you coming down the pike here and uh it's going to be a little fast and furious but uh we know you're a smart group and we can get you through this and uh we're here to help you too as well so [1:01:08] Chair Curts: yes thank to Alex on that it was very interesting and very informative and very well put together so thanks for your work on that so at this time I believe that we have somebody who is has her last meeting [1:01:52] Tim Benetti: yes so for tonight this would have been unless she plans on bringing back for the September 3D so chips on the deck tomorrow night our esteemed planner Kathleen or Kathy bodmer is wrapping up uh almost almost by one8 days of 30 years of being your planner that's awes and now city planner uh she started from uh uh humble roots of U River Falls la oh the one the other one I knew I got that wrong and she started with other couple other cities before us but uh she's been here since 1993 wow you ever 94 did you have a cheat sheet like I have I I'm going on memory but tomorrow night she's going to be honored with a proclamation by our city council so if you can attend that would be very nice and she's also having a can I announce a going away party uh her her last day of September 6th from about 2:00 to her bar time starting about 3:30 so we're I'm going to let her go off a little bit earlier that day and uh I'm not going to ding her for for uh an hour of of PTO but we'd love to have you there uh we have plenty of we could only do cookies cakes and snacks but uh Kathy's bartab will be open at the tavern so we hope to have Kathy's brothers and family take care of that for us so uh uh but again we'd love to have you we'll we'll send some more information for you we've got some uh uh some pre-planning to do as well but we'd also it it would honor I'm sure Kathy if if any of you can make the meeting tomorrow night it'll be a quick Proclamation and reading by the mayor and uh uh uh it'll it's a great Capstone to her career and we're H uh she's been a great uh resource of information since I've been here almost two years and I've really appreciated what she's brings uh to this department and to this community and I hope uh uh you know we're going to miss her and she's she's a great uh planner very smart very intuitive and great sense of humor which is everything that a planner should be and none of us are but she brings it so we're very happy to see her uh you you know guard her cats now and do her walk walking and do whatever they do in retirement age uh uh uh these Lac croser so again I will shut up and I appreciate uh I I'm starting to I'm I'm channeling a Bruce right now A I am very very sorry I will stop we're cutting you off uh again more more more information uh thank you [1:04:58] Chair Curts: well Kathy if I'm going to say my goodbye to you but um I highly recommend retirement so it seems kind of scary at first but it quickly is uh a new routine you will pick up very much like I said I'm always available if you want to go biking or walking but you have been a treasure you have been um I have learned a lot from you when I started here seven eight years ago I don't even remember but um you were one of those women that would just get up and just know her thing and I just always admired your your intelligence and the way that you presented yourself so thank you for everything that you have taught me I appreciate it and I wish you nothing but golden roads ahead of you would anybody else like to say goodbye [1:05:46] Commissioner Scanlan: sure well congratulations on retirement thank you and um I'll guess I'm going to repeat a little bit but uh um you've always been so uh helpful and always look forward to your presentations because you go through in such detail and um it's uh especially when I first started and you've always been so patient with all the questions I always have to ask so um I appreciate that and um but uh you will be missed and um um been just a great asset um to the city and um to the Planning Commission to help us to our job and um very much appreciated so thank you sure [1:06:32] Commissioner Hass: anyone else like to say that U I haven't worked with you for very long but it's been a pleasure I'm not able to make it tomorrow night but I'd be there if I could okay but it's one that I've lived in in Apple Valley for 38 some years and you've done a nice job of making some plans and and good direction for the city I know you had a good part of that congratulations and I retired a year ago and it's a lot of fun what else go ahead [1:07:08] Commissioner Sandell: I think we all know that I'm not a very eloquent person but I just wanted to say thank you and um I've just really appreciated you I Echo a lot of what jod said about you so thank you for everything that you've done for me for our city just watching you has been awesome so thank yous miss you we appla [1:07:19] Kathy Bodmer: [Applause] may I say something before we wrap please thank you planning commission you all volunteer your time to do this job I get paid you you volunteer so you're really a a very very important piece of this whole um process so thank you for the time that you put in and for supporting us you're a great group um you ask great questions you um so that that helps make our job so much easier so thank you and best of luck you guys are going in a great Direction you've got a great team mhm and um so I know nothing but great things are coming down the pike for you [1:08:03] Chair Curts: that was very nice thank you do I get a motion [1:08:08] Commissioner Scanlan: so moved [1:08:09] Commissioner Sandell: second [1:08:10] Chair Curts: motion made by commissioner scanland and second by commissioner sandal everybody in favor say I this has uh motion has declared this meeting is ended and please join us for a little uh light Refreshments we we brought some cupcakes some candies and Kathy's favorite uh lemonade and [Music]