This transcript is from an **Apple Valley Planning Commission** meeting. While your provided list contains City Council and Department heads, the transcript identifies the Planning Commission members and specific staff through the dialogue. [0:00] [Music] [1:19] **Chair Kurtz:** Good evening. I call the July 2nd, 2025 Apple Valley Planning Commission meeting to order. First item of business is the approval of the agenda. Are there any changes from staff? No, not tonight. Thank you. Any changes from the commissioners? [1:36] **Chair Kurtz:** Okay. Um, can I have a move for approval, please? **Commissioner Scanland:** So moved. **Commissioner Schindler:** Second move approval. **Chair Kurtz:** Uh motion by uh Commissioner Scanland, seconded by Commissioner Schindler. All in favor say I. **Commissioners:** I. I. I. **Chair Kurtz:** Oppose. Nay. Motion carries. [1:51] **Chair Kurtz:** The next item of business tonight is the approval of the consent agenda. Consent agenda items are considered routine and will be enacted with a single motion without discussion unless a commissioner or citizen requests to have any items separately considered. It will then be moved to the regular agenda for consideration. Can I get a motion of approval? [2:14] **Commissioner Sandal:** So moved. **Commissioner Mahwald:** Second. **Chair Kurtz:** Motion made by Commissioner Sandal and seconded by Commissioner Mahwald. All in favor say I. **Commissioners:** I. I. **Chair Kurtz:** Oppose. Nay. I'm Thank you. Motion carries. [2:30] **Chair Kurtz:** This brings us to our public hearings which we have two tonight. Our first public hearing is Snap Fitness and that will be presented by Sydney. [2:47] **Chair Kurtz:** So the first thing I will do is open the public hearing tonight. We will now open public hearing for agenda item 4A. The affidavit of publication for the notice of public hearing is available for inspection in the planning department. Everyone wishing to speak tonight at this public hearing should be sure to fill out the attendance roster. Include 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 proposals conformance with pertinent regulations and policies. After that, comments will be taken from the general public. Good evening, Sydney. [3:34] **Sydney (City Staff):** Thank you, Chair Curts and commissioners. Tonight, I'll be presenting to you the request for conditional use permit for extended hours of operation at a snap fitness. Specifically, you're asked to consider a cup to allow 24 operate 24-hour operation of a SNAP fitness facility. The site is located at 15115 Dove Trail, which is located on the east side of the city um on the Rose Mount and Apple Valley border, highlighted in red. This facility was previously a CVS pharmacy, which is now closed. Uh the applicant has applied for a building permit for a SNAP fitness and that building permit has been approved. [4:22] **Sydney (City Staff):** The property is within PD 625 zone 4. Within this zone, um hours of operations are limited to are prohibited from 1:00 a.m. to 6 a.m., but a conditional use permit can be applied for to extend those hours of operation. There is four properties within the commercial zone, subzone 4. That includes the previous CVS with the proposed SNAP fitness, a parking lot that directly serves that previous CVS, um a bank, and then a quick trip gas station. The quick trip gas station does have an extended hours of operation cup with their operations beginning at 5:00 a.m. [5:03] **Sydney (City Staff):** So like I said within that PD sub zone um the hours are limited and then with that all deliveries and loading shall be done during nor normal hours of operation. Um and again someone uh applicant can request a conditional use permit to extend those hours. [5:19] **Sydney (City Staff):** Additionally, on June 12th, a city council reviewed a request from the applicant to allow the use of a health and fitness facility within this PD sub zone. Previously, a health and health and fitness facility was not explicitly approved within the PD um permitted permitted uses, but the council does have the discretion to study a use and determine if it is similar in intent um and intensity as other permitted uses. Um the council did approve the SNAP fitness health and f health and fitness facility. Um and the appro resolution of approval was attached to the staff report for your review. So now like I said the applicant has come forward to request the cup for extended hours operation. Uh at this time with a approved build building permit they would only be allowed to operate um from 6:00 a.m. to uh 12:59 a.m. [6:12] **Sydney (City Staff):** Just for your reference, these are the SNAP fitness building plans. So this is the interior plans which would include exercise space, bathrooms, uh locker rooms, sauna, and other facilities that are typically seen at gyms and health and fitness facilities. [6:29] **Sydney (City Staff):** In terms of exterior, there are no plans to change the exterior from what um the CVS building previously had. So there will be no exterior modifications to the building elevations, lighting, um parking or landscaping. So, the applicant has noted that they plan to use all existing exterior um facilities and with that the only change would be to signage. [6:57] **Sydney (City Staff):** This would be the uh the parking lot that previously served CVS and uh would serve this site as well. Staff did provide some updated recommended uh conditions for the conditional use permit to you tonight. Um those recommended conditions include the following. Deliveries and loading associated with the operations of the snap fitness facility shall be done during normal hours of operation with it which is consistent with what the PD requires. All non-essential exterior lighting shall be turned off after normal hours of operation and any modification to exterior lighting would have to be submitted to be further considered and reviewed by city by the city. Three, the facility shall utilize 24-hour surveillance and emergency alert systems. And then four, the conditional use permit could be revoked if any of the terms um proceeding are not adhered to. [7:55] **Sydney (City Staff):** Um, just want to note that for the non non-essential exterior lighting, that would not include lighting for security purposes um with within the parking lot and surrounding the building. So, if there's lighting that is specifically used to keep um patrons safe when they're walking to their car late at night or any other site security type of lighting, that would be allowed. [8:20] **Sydney (City Staff):** And with that, uh, the recommendation for tonight is to open the public hearing, receive comments, and then close the public hearing. Um, it would be the policy of the planning commission to not take action on an item of the night of its public hearing. However, if there are no outstanding public comments or questions, and the planning commission concurs, staff would recommend the following action, which is shown on the slide. And I can stand for any questions. [8:42] **Chair Kurtz:** Thank you, Sydney. Um, previous CVS, were they 24 hours? [9:00] **Sydney (City Staff):** I did check with um recorded documents with the county and I was not able to find an approved COP. Um if unless for some reason that was removed from the property records, um I wasn't able to find one. **Chair Kurtz:** Thank you. Uh Commissioner Scanland. [9:20] **Commissioner Scanland:** Madam Chair, um Sydney, um Quick Trip, they operate from 5:00 a.m. to just before 1:00 a.m. **Sydney (City Staff):** Commissioner Scalin, um their COP allows them to Yeah. open from 5 and then operate till 1 for the I believe it's for the store services. **Commissioner Scanland:** Okay. Um then with the questions here. So they were granted an extra hour to open an hour early. Correct. Has CVS had any comments to this request or quick trip. **Sydney (City Staff):** Uh um Chair Kurtz, Commissioner Scanland, we have not received any um comments from any neighboring properties or from the commercial properties or from residents. [10:18] **Commissioner Scanland:** Okay. And then um when you're looking at this property, I'm just looking down the road. It it seems like this is is this designed at some point to have an outlaw in it for based on the size of the so this area of the property I believe they are owned by the same owner if not um by CVS but originally when this development came through in the early 2000s this site to the west was uh intended to have two um strip multi multi-tenant strip centers Um, I'm not sure why those didn't develop, but those were approved at one point. Um, at this point it's just the parking lot and I don't have any um I haven't had any correspondence that that there will be further development on the lot to the west. Um, so it would just be the parking lot at this time and the park the two properties do share a parking uh agreement so that they can share parking. **Commissioner Scanland:** Okay. I just want to establish that the way this just by visual that it was set up as an all lot and that's true that that's something that if somebody chooses at some point then the owner wants to pursue it that that is something that would um take place. [11:18] **Sydney (City Staff):** Correct. It could develop in the future if the owner... **Chair Kurtz:** Okay. All right. Um Okay. Thank you, Commissioner Sandow. [11:24] **Commissioner Sandal:** Chair Curt Sydney. Um Sydney, sorry. Um, what is the definition of normal hours of operation? [11:36] **Sydney (City Staff):** Commissioner Sandall, we don't necessarily have a definition in our city code, but generally speaking, normal hours of operation happen between about 8:00 a.m. to 5:00 p.m. Okay. Now, the the definition or the hours are limited in the C in the PD from 1:00 a.m. to 6:00 a.m., but there is no formal definition of normal hours of operation. **Commissioner Sandal:** Okay. So, their normal hours of operation would then be 24 hours, which means like that just doesn't feel like a, you know what I'm saying? Like it feels like there should be a definition. So, um, based on the standard business hours, I would say it's 8 to 5, but if there would want to, if you would want to put a formal, uh, hours on the limitation on the conditions, we could do so. **Commissioner Sandal:** I mean, maybe that's you could add 8 to five or something that you're comfortable with. Good. I would feel comfortable with 8 to five, but I don't know if anybody else cares or if I'm picking at, you know, nitpicking. That's what the word I'm looking for. So, okay. **Commissioner Halas:** Commissioner Halas, just for clarification for myself on the lighting, you mentioned during um exterior lighting was turned off dur after normal business hours operation. Does that include the overhead lights in the parking lot? Does it can you definition of what what lights are going to be turned off? [13:08] **Sydney (City Staff):** Commissioner Halas. So, the lights that would be um turned off would I'm not aware if there's any non-essential on there on the site at the moment um or currently ex there are existing parking lot lights and if those are used for security, which they generally are to keep patrons safe as they're walking to their car, those could stay on. All of the exterior parking lot lights um that are existing on the site face towards the CVS, so they don't face towards the residential um units. And um I'm not aware if CVS kept them on 24 hours, but um in order to keep patrons safe, the essential lighting would include parking lot lights. **Commissioner Halas:** Thank you. **Chair Kurtz:** Good. I was going to say so CVS had to have had lights on previously. The other thing that could be a a thought is having like the um motion detected lights or something like that. I don't know if that's available for outdoors or whatever. Uh, Commissioner Scanland, um followup. [14:15] **Commissioner Scanland:** Madam Chair, um, as the city council, u moved this forward, um, you know, I agree that there's with the use of this, um, converting this over to a fitness center, I think, is a good application. Um, my concern with changing the hours is is we open this up, then that opens it up to quick trip, too. Coming knocking on the door and saying, "Okay, we want to go 24 hours also." And that's I find that starts to be problemsome then with the ret res residential aspect that these two businesses sit in. But I'm also open to the idea that um going with the hours of operation that match up with what CVS or excuse CVS excuse me um QuickRip has which I believe is 5:00 a.m. to 12:59. um I think would be um appropriate so that they both are equal in in terms of their hours of operation. My concern is down the road that CVS is going to come back or um QuickRrip is going to come back and want to make a change and then that's where I'm having concern with the residential component because then with the traffic coming back back and forth and especially with some of this traffic the the headlights go directly into the residential or the private homes there. So, um that's where I'm I'm kind of thinking here off of um um Dove Trail there um across um Doug um Dove um Boulevard to uh south. So, right there if you're starting to have extra traffic with um both um businesses and then of course the light that goes with that for 24 hours. So, um that's some thoughts I have. **Chair Kurtz:** So, I don't know. First question I guess is is quick trip the other quick trip in Apple Valley. Is that open 24 hours? [16:03] **Sydney (City Staff):** Chair Kurtz the other quick trip um I believe it is open at 5:00 a.m. as well I think. **Chair Kurtz:** So that's might just be their company. They're kind of standard. Yep. Where snap? I mean this is their this is their thing. They're open 24 hours. So, I guess my question would be is if this one doesn't get approved for 24 hours, are they still going to go here or are they thinking about going somewhere else then? **Sydney (City Staff):** Chair Kurtz, I would defer to the applicant on that, but I will note that it is their business model to do so. And we do have a couple of other 24-hour fitness facilities in Apple Valley. Um, not all fitness facilities open at 24 hours, but we have things like Planet Fitness that open um that are open 24 hours a couple days a week and they are across the street from a townhouse development. It is across Cedar, a much heavier traffic uh corridor. Um, another facility is Anytime Fitness. Um, that is in a more of a commercial area. Correct. Uh, Commissioner Mahwald. [17:01] **Commissioner Mahwald:** Chair Kurtz, Sydney, just followup question. Uh, with regard to Commissioner Sandall's inquiry there, I note that the email from the applicant, and this might be something that the applicant can address. Uh, item number one on the June 25th email notes that deliveries would be expected during staffed hours. Do you know what the staffed hours are for the SNAP fitness? [17:29] **Sydney (City Staff):** Commissioner Mahwald. I would defer to the applicant on that, but it does note that generally around 10:00 a.m. is when deliveries would come. **Commissioner Mahwald:** Sure. Okay. Because that that um I I certainly know at at home uh deliveries come with Amazon and whatever well beyond 5:00 p.m., you know, usually without any incident. Um the other uh and this again might be another question for the applicant. Item number two on the June 25th email notes that there are usually less than 25 people uh who use the facility between midnight and 5:00 a.m. I'm assuming that's total as opposed to like an on average there are 25 people there throughout that time period. But again if if you know the answer to that otherwise I'll I'll ask the applicant. **Sydney (City Staff):** I would say that it's probably total not at one time but the applicant could expand further on their operations. **Commissioner Mahwald:** Okay. Thank you. [18:42] **Chair Kurtz:** Thanks. Any other questions for Cindy? If not, I will ask the applicant to come up, please. Did you get all those questions? [18:42] **Jeff Wyatt (Applicant):** I did. I'll uh I'll just let you guys ask an order here and I'll answer as best as I possibly can. **Chair Kurtz:** I'll go back to mine first where I was just stated if that wasn't approved for 24 hours and I obviously know that's your in your logo and everything which I totally understand. I would want to be open 24 hours too. Is would you look then for another area or is this your set place? [19:05] **Jeff Wyatt (Applicant):** We are moving our current location from Rosemount over to Apple Valley. So it would have to be something we would take into consideration about whether or not we still continue to move forward with that. **Chair Kurtz:** Still, may I ask you in Rosemont, were you open 24 hours? **Jeff Wyatt (Applicant):** Yes, we are. **Chair Kurtz:** And where were you located? **Jeff Wyatt (Applicant):** Right at the intersection of 42 and three, which abuts directly to neighbors uh to the north of us and immediately to the west of us as well. **Chair Kurtz:** Was it close to the Clover? **Jeff Wyatt (Applicant):** It's 50 ft from the Clover. **Chair Kurtz:** Okay. So, I know where the residence is and no complaints or anything like that. How many years were you there? **Jeff Wyatt (Applicant):** We've been there 10 years. 10 years, but no complaints. And I'm guessing I belong to Anytime Fitness and we just have a fob that we click on and that's how you're so there won't be anybody per se working there 247 or whatever. **Jeff Wyatt (Applicant):** Correct. Correct. **Chair Kurtz:** Okay. Any questions? Did you want to follow up with your questions? **Commissioner Mahwald:** Sure. Uh Commissioner Mahwald. Madam Chair is Jeff. Is that correct? **Jeff Wyatt (Applicant):** Yes, sir. **Commissioner Mahwald:** Um again the first first question was that you know what are the staffed hours for the facility and then the second question is that 25 people uh during that uh midnight to 5:00 a.m. Is that in total or on average at any given time? [20:27] **Jeff Wyatt (Applicant):** Uh right now we're averaging about 25 people total between that that period of time. Uh the lion's share those being more towards the the 4:00 a.m. 5:00 a.m. uh pre-work crowd. the those that start their shifts at uh four, five, six o'clock in the morning, they come before their shift on their way into work, shower at the facility, and then head directly to work from there. Um I apologize. What was your first one? **Commissioner Mahwald:** Oh. Uh, also with the addressing or dealing with the issue of deliveries and things like that, you had indicated, you know, most of them would come between 10:00 a.m. and noon, but otherwise during staffed hours, and I was just wondering what the staffed hours are. **Jeff Wyatt (Applicant):** the staffed hours are uh going to be 9:00 a.m. until 8:00 p.m. Uh, however, the only deliveries that we receive are every other week one delivery from Cintas for any of our paper products. Those being paper towels or toilet paper. Uh otherwise we received no deliveries being a fitness center. **Commissioner Mahwald:** Okay. Thank you. **Chair Kurtz:** Any other questions? Uh I just want to follow up with the question I had about the lights. I don't know if that's impossible to do a motion detection, you know, for when someone's walking out and and stuff. **Jeff Wyatt (Applicant):** Um the lights are there. Now I I I personally don't know that there's an ability to have motion detector u exterior light poles like that. Um, one thing I would offer, and I had mentioned this to to Sydney and her correspondents today, is that uh, while we have been there during our time since we've been approved by the the council to operate there, uh, surveying the site, checking in on the site, we have noticed several cars there since the building has been vacant and the lights were previously off. Uh, loitering and engaging in various activity. Uh, lights of course deter that uh, deter people from hanging out in that area. Um, any criminal activity, things like that. uh the uh ability to have lights in the perimeter of the building. Um whether or not this gets approved or not, uh aids the police in uh video surveillance and identifying anything that goes on during those hours of darkness. Uh which we do plan to install exterior security cameras uh for the security of all of our patrons, staff, and and the area as a whole. Uh the assistance of lighting would of course aid in the the video resolution that should the police require that that video for future prosecution. [22:38] **Chair Kurtz:** Makes a lot of sense. Commissioner Scanland... [22:42] **Commissioner Scanland:** Scanland too many S's close um I had mentioned about hours of operation if they would parallel um quick trip 5 a.m. the 1259 that covers sounds like covers really a large percentage of your clientele for the utilizing your facilities. **Jeff Wyatt (Applicant):** Most but not all. It would not be all inclusive to everybody that we service. **Commissioner Scanland:** I understand that that that there might be some uh from those early hours. Um my concern is there's still an outlot and with changes possible with QuickTrip that um the whole idea this site or sites weren't designed for 24-hour operations and um I think that we're pretty consistent on how we handle that with residential areas in terms of um hours of operations that um we don't make a lot of um adjustments to those. So those are my thoughts on that. [23:42] **Jeff Wyatt (Applicant):** So to address the outlot, uh part of the process to get here was that we engage with the property owner which is not CVS. Um we have a lease for the next 18 years on table with them uh with an option to purchase at any point in time. We have no aspirations to develop that outlet outlot. As of right now, there's a uh privacy fence that goes between the building itself and the adjoining uh residential neighborhood there. I can only go out on a limb and assume that that was a a an agreement that was made probably with CVS to to put up that privacy barrier specifically for uh lighting uh concerns and considerations. And I think somebody had mentioned directly to the south of the uh property that there was uh some concern about the increased flow of traffic uh with headlights coming south out of both those commercial pieces of property there. Um when I drove past there earlier, there is privacy fencing up there as well to prohibit the uh light transmission from the from the streets into the the backyards and subsequently the homes. Uh, regarding the CU potential proposed CUP for for Quick Trip, um, I would offer that that could be handled independent of us based on the volume of traffic. It's my understanding that as of right now, the gas pumps are still available to be used at Quick Trip right now. So, the only thing that would be deterred by quick trip would be people not going in to grab a bottle of water or soda or anything like that. But, uh, anybody certain certainly needing to fuel their vehicle or anything or clean their wipers off in the winter time could still utilize the the service station and fill their cars up with gas. **Commissioner Scanland:** I'll comment as far as your comments on the whole lot. Um, I I've been doing this long enough to know that if there's a piece of land there that at some point somebody is going to want to develop it. Um, and uh indicate that um that's not uh or off the table. That's um um it's open. I see it as a opportunity for somebody. And like I said, I've done it long enough to know that that'll probably happen at some point, even though it um it's been an extended period of time that it hasn't taken place already. But what property are you talking about? This right here? Yeah. [25:59] **Jeff Wyatt (Applicant):** Well, it hasn't been developed yet. I mean, no, that what I'm saying is that nobody's it's open and setbacks in the city prohibit any meaningful development of a of a commercial property in there. uh that and the uh ability for uh emergency eress out the back there which would normally be a paved type surface. Um that's a whole another discussion down the road if that would come into play. And um um so thank you. **Chair Kurtz:** My opinion if I was the resident over there and if they were having some kids playing in that parking lot, I would want it lit up and I would want a business there personally. That's my opinion. it. Anybody else? Okay. Thank you very much. At this time, uh let's see. Please come up to the podium to speak and address all comments and questions to the chair. Anybody interested in coming up that's here for the hearing, come on up. State your name and address, please. [27:04] **Steve Moles:** How do you do? I'm Steve Moles. Hi, Steve. I live in a residential area right there where the we all are. It's called Prairie Crossing Village. I'm the vice president. This is a Oh, I thought you going to come up, Rene. She has a lots of She She has a lots of notes, too. **Chair Kurtz:** Can we come up together? Yes, we can. Yes, we can. Just state your name, please. This is her name. **Renee Cubes:** Sure. My name is Renee Cubes and I live in Dunwood Trail and my home faces the CVS pharmacy. So, call this new Snap Fitness. I need the address though of your Oh, I'm sorry. 15088. Thank you. Dunwood Trail. Let me let me and uh we are I am buted up right next to it too. The gentleman mentioned about the one fence that's there. You can see the grass area and that little dark line. That is a privacy fence that did go up so that the car lights didn't hit our buildings and we mostly here for light pollution. CVS was never open 247. They did close at 10:30 because we had it for light pollution and the buildings was shut down because they have extended windows up on top that illuminated all my buildings. I have eight units that have their master bedroom that faces the CVS. So then they did shut down at 10:30 courtesy to us. And for the street lights, they did shut down about 10:30, 11:00 after everybody vacancies the property for light pollution, too. But otherwise, right now, the gentleman did say there's a lot of vacancy going on now there because it is empty. It would have been nice we had a little more police vacancy there and stuff like that. It was going to be developed. There was supposed to be, you can see the little curvatur there with the little road. that was supposed to be a Dun Brothers and the rest of it was just going to be office space as is in um what do you want to call it as a just as a shopping mall that was all supposed to be office spaces but that fell through. The property still is up for sale. It's like 1.5 um acres. It's going for like dang near 2 million. So it's going to be probably hard to get a developer in there. But um otherwise that's my concerns is you guys are hoping to extend his time on there, you know, but I I'd like it if it wasn't and for, you know, for lights flashing and all this. And if they're going to be open that late or 24/7, when are they going to come and plow? You know, if they're going to be there late night plowing, that'll keep all my residents up. And that is one big echo chamber right there. The way them buildings are like that. see how the like the V is. We could hear everything there. We could hear all the traffic and everything else. And I'd still like to see that fence. There's a lot of missing boards. And sorry to say, but I sit right in my chair to watch TV and them car lights are hitting. I came about a year ago and it's addressed it to the city here and she says, "Oh, we'll get on it." But never happened. But that's another story. **Chair Kurtz:** Who put up the fence? I'm sorry. Who did Who put up the fence? Did you say? **Renee Cubes:** Um, I think it was CVS or the developer did just to block the car lights coming to us. So, when they're driving around, I was just wondering who would be because it's like on the top of the It's on the top of the hill. So, there's a big slope from the fence to down to us. **Chair Kurtz:** Okay. Just as a comment, um, my I do have a bedroom that faces that way. And, um, I will have to say that that fence, privacy fence, is a wood fence picket, you know, kind of thing. And you can see the lights go right there. not very tall. It's just it's not very nice. In fact, sometimes one time it did fall over and I called and they had to put it back up like during the winter storm or a high wind. So, it's really not a solid concrete or anything like that. It's wooden fence picket fence or whatever. I'm not sure the cedar one. Yeah. And um I'm just concerned about lights because right now the building lights are on which is fine, but now the whole building inside and everything's going to be on 24/7. parking lot concerns, people car doors slamming, people chitchatting out there, meeting people out there. Um, I kind of did a little research and the ones that are open 24 hours for Snap Fitness, I found that, um, after staffed hours, then they have their little FOB. They can just go in. Well, there's going to be no supervision there at all. And so, who's to say that teenagers or anybody could just hang around in that parking lot, too? And then with the extra lighting, I'm just concerned that the lights are being on 24, it's going to be pretty hard to sleep and just noise possibly as well. Um, I did go over to Quick Drip. I walked over there and they are open till midnight. The store, that's what the the person said at this at the thing. They they were a while long time ago 24, but they did move it down to to midnight. Uh, let's see what else I can tell. And I just did a little research into most places by midnight. Um there are a couple 24 hours. Um I know Snap Fitness um I think it was in Lakeville, but I don't know where it's located if it's in a strip mall because if it's in a strip mall and then the residences are right behind that strip mall, they have a barrier, but we don't really have too much of a barrier. Um, I'm just concerned about lights and noise and parking and car door slamming and people meeting and all that extra activity. I'm guessing it's the four that is kind of south here or north here, not the other four because you don't really have a lot of parking spaces there. It's more up towards Well, I have trees. I have trees and there's a little slight hill and then there's a fence and that's the wet wooden fence. So if like one of my trees blows over, I'm going to be open wide to... **Chair Kurtz:** So you don't hear any traffic from Quick Trip putting gas? **Renee Cubes:** No. No. We have the building that kind of subdivides all the noise there. Quick Trip is so far from us we really don't catch. Well, I hear them, you know. And they put the gas the big gas truck, you know. Yeah. We have the big truck. At one time a semi truck parked all night long in the CVS pharmacy parking lot and sat there all night, you know, with the air conditioner on or the heater on and I you can hear that. Okay. So, that happened once, I believe, or twice. Okay. Well, thank you for your anything else. [33:29] **Renee Cubes:** The main is that the front of the building is facing us. That's so all the most traffic and everything is going to be right where I the frontage too. Big echo chamber for us. And if you put a big Snap Fitness sign too, I'm not sure where that's going to be located. That would be glowing all night long too, 247. So, that's our concern. That's our concerns. **Chair Kurtz:** just appreciate your thoughts. Great. Thank you very much for listening. I appreciate it. Thank you. Yep. Thank you. Is there anybody else that would like to speak in the audience? If not, can I ask the applicant to come back up, please? [34:08] **Jeff Wyatt (Applicant):** Absolutely. Thank you. **Chair Kurtz:** Just out of curiosity, would you, you know, what are the thoughts of putting up a vinyl fence or more of a security fence, more of a private fence without the wooden fence, and I understand if it's a picket fence that there's lights that go in between it. **Jeff Wyatt (Applicant):** So, I'm not the property owner. I don't have the property owner do that. Uh, I would be more than willing to do the things that are within my control. uh to address the concern about uh people hanging out and loitering and and the unwanted uh element. Uh we're deploying an AI uh system within the uh facility that uh lets us alerts us if somebody comes in that's not one of our members to specifically deter people that aren't our members from from coming in. Uh sends us an alert with a a video capture, we can address that with the person who did let them in so we can curb that right from the get-go. Uh so we that with the cameras and again the security lighting is is everything that is within our power to curb any sort of unwanted element uh within that particular piece of property. Uh but we are doing everything in our in our power to to try to deter people from coming into that property. Um, the other thing that I had mentioned to Sydney is uh there are a couple of lights that are out in the parking lot and uh I'm not sure if everybody's familiar with um color temperatures for for lights, but it's a it's a five or 6,000 Kelvin, which is the daylight uh super white bright like the lights here. Um those are a little bit obtrusive and we're trying to be good stewards of the neighborhood. So, since we already have to change out a couple of bulbs, I'd mentioned to Sydney that we would be willing to do uh something more like a 4,000 or 3500 Kelvin uh one of the cool uh yellow type lights, something like the softer lights. Yeah, soft lights here. Uh something that's a little bit more muted. The light tends to travel uh less far than the daylight. that that again that 56,000 Kelvin uh light we're willing to invest uh into uh I guess downgrading the the lumens per per bulb there uh in an effort to to be good stewards to the community. **Chair Kurtz:** So that is the front of the building going towards the town homes there. Is there... Nope. The front of the building faces out to 42. Oh, I misunderstood what they were saying then. I was going to say, is there a section where you could just put a sign up saying, you know, between these hours, this is where you park or something like, you know, like that. **Jeff Wyatt (Applicant):** We for for security purposes of our folk, we would prefer them to park on the 42 side, the 42 side there just because that that puts the building between them and and passing traffic. So for the maximum amount of safety, we would certainly be willing to erect a sign to the wall that says, "please park, you know, curbside between the building and 42 during the hours 1 a.m. to to 6:00 a.m. for security and compliance with city direction." **Chair Kurtz:** And just experience with the FOB with the 24-hour place I go to. Um, people don't chitchat, you know, you usually go there by yourself and stuff like that. It generally isn't visiting in between those hours. You usually go there all by yourself and such. Um, I had one other question and now I can't remember what it was. I'll come back. Commissioner Mahwald. [37:17] **Commissioner Mahwald:** Chair Kurtz, Mr. Wyatt. Um, kind of following up on Cher Kurt's question with respect to people parking on the north side of the building during these hours. And this might be something for the landlord uh and and not you, but I'm wondering if the parking lot lights could be zoned where there might be lights in that, you know, the area, a smaller parking area that might be used uh overnight as opposed to the rest of the parking areas to the west of the building. **Jeff Wyatt (Applicant):** If that if that were a possibility, we would internally be able to do that. However, I would offer up that the landlord just had to invest several thousand dollars into cleaning up illegal dumping at the waste receptacle. That is at the southwest corner of the property there. Uh so it would be an ongoing expense for us to mitigate any illegal dumping, which of course would happen during non-staffed hours, during hours of darkness. uh which is specifically why we're putting some security cameras up in that area to again try to mitigate any of that criminal element that um you know would be present in that south portion of the of the property there. But yes, we are willing to zone the lights if if that's the direction. Um, there's just a a con to the pro. **Commissioner Mahwald:** And that's a I appreciate you pointing that out because it I I'm mindful and respectful of the the residential concerns regarding the lighting, but it may be given the way things are going um or have gone with those issues that the parking lot may be illuminated. I guess and and again I don't know if this would be a question for you or for Sydney but um is there any prohibition on the the parking lot lights staying on overnight um if there are issues regarding um loitering illegal dumping or other criminal activity um or do the exterior lights have to be off by 100 p.m. or 1:00 am. [39:15] **Sydney (City Staff):** I'm I'm sorry, Commissioner Mahwald. In our uh lighting requirements in city code, we don't have a a shut off requirement for our lighting requirements. It it generally focus on focuses on where light is being casted and where and how um high the foot candle readings for lighting can be measured at a property line, specifically when a budding residential. Um, so that is where our lighting review would come in, but we don't have a limit on when they would need to shut off by. **Commissioner Mahwald:** Thank you. So, I guess seems to me it it is possible given the whatever issues that the lights might the landlord could choose to the owner could choose to keep the lights on overnight anyway to to mitigate those issues regardless of the right the hours of operation for snap fitness. **Sydney (City Staff):** Yes, that's my understanding. **Chair Kurtz:** Okay, it came back to me. question was, "Is there any other Snap Fitness around this area that is not open 24 hours?" **Jeff Wyatt (Applicant):** No, there's not. There's not even Lakeville. Nope. I own that one, too. So, they're all open 24 hours. Anytimes and snaps are all uniformly open 24 hours a day. And the next one is plowing. We are certainly uh immunable to the noise uh consideration there. And uh being as we're contracting our own uh landscaping and snow removal companies, if there's certain direction that you'd like us to provide again during staffed hours, we can certainly do that. Uh it's just something that we would draft into the contract with the snow plowing um company that we use to, you know, come out during business hours or before a certain period um of time. [41:17] **Chair Kurtz:** Okay. Commissioner Scanland. **Commissioner Scanland:** Madam Chair, this is a question for Sydney and it might flow back to you. So, two-part question, Sydney. Um, the residents brought up signage. Is the signage in the norththeast corner for this property or do you have an idea at this point where that's going to be? [41:35] **Sydney (City Staff):** Commissioner Scanland, there is an existing freestanding sign um right there. Yeah, right here. and um that was used by CVS. And then the applicant has a signed permit in it hasn't been approved um yet, but there's proposed signage along this face of the building and along this face of the building. And I'm may be wrong, but I believe there's some on this east face as well. Um, but in terms of lighting of of signage, um, we could, I believe, count that as non-essential, meaning that the, um, the lights wouldn't be allowed to be illuminated during, um, outside of normal hours of operation. **Commissioner Scanland:** I just wanted to make a a understanding where those points were to answer the questions for the residents because they had that question on the signage. Okay, my question's coming at this point. It seems like all our questions, all our discussions are pivoting around lighting. And I think what we need to really make an informed decision on this is a formal lighting plan with illuminations to be able to see where the lights going and um because there's a lot of parking lot here and it's kind of my um would be my understanding that you're only going to maybe use half of it. Correct me if I'm wrong in that statement, but um that understand what we could do to better control the lighting other than just say that we're going to change bulbs or whatever that we put look at a formal plan which also include the signage whether when that would be on and off. I don't know any comments from the other commissioners here on that. So, um, but I think that's something that I would like to see done and then we could come back and visit it at the next meeting. [43:26] **Chair Kurtz:** Yeah. I don't know that we can make an action on this tonight or motion. Commissioner Schindler, you've been quiet. You want to put in your opinion on this? **Commissioner Schindler:** Well, I guess I think I I kind of agree with Commissioner Scanland in that I don't know where the light posts are in that parking lot. And um it sounds like CVS was was kind of working to try to do the best for the neighbors, but I I'm not informed enough. I I don't have a problem with the 24 hours. Um, but uh because from that standpoint of having the business open, I don't think people that are going to the gym are going to be that loud and unruly. **Chair Kurtz:** Yeah, I don't either get there mad enough that they're up that early and have to work out and have to work out. [44:38] **Sydney (City Staff):** Thank you staff chair, commissioners. Um, I just wanted to add regarding the lighting that typically on a business site, um, business are allowed to have lighting 24 hours a day, mostly for security purposes. So, limiting their lighting could also be an issue for that site. So, I just want you to keep that in mind. **Chair Kurtz:** So, these lights are all on already regardless, correct? **Sydney (City Staff):** So, there's not going to be any additional lights, correct? the interior [45:06] **Chair Kurtz:** Commissioner Halas. **Commissioner Halas:** Um, I want to jump on what Commissioner Scandlin had mentioned there and and say that I think we need a plan on what the lighting is going to be. You mentioned that you'd have a lower lumen a lower directional light. if you could bring that back to us and say that this is what we could do for the lower lumen light on this on the west side which is of issue uh leaving whatever might be on the north side alone for those extra hours that might be a good plan that we could talk about. Yes, this works. it is a is more conducive to what the residents are able to see over there and then on the north side where people are using it uh with direction of using the north side of that building um the lighting that you that you need. I would think that the cameras and the security uh that you have there would be of more comfort to the residential people around there if there is people doing such things as uh dumping and and loitering in that parking lot later at night and it's going and if you've got cameras that can uh that you can look at or somebody is is reviewing and alert the police of what's going on that would be of some u some help to the local residents also. So just looking for another plan that you might have and and what commitment you would have towards towards working towards that. I thank you for coming in though. **Chair Kurtz:** I'll d respect Commissioner Halas. What I'm hearing is that the lights are going to probably be what the lights are. Whether they can be dimmer or not is probably a code or for you know watching for right. Am I correct on that? That can they be dimmed or can they not be dimmed? They are what they are. **Sydney (City Staff):** So the code has um specific requirements as to how much light can be shed at the property line. That's what the code is. Okay. So that's how we would monitor it. That's where an illuminary plan is going to be able to show that where it's where it's... [47:12] **Chair Kurtz:** Commissioner Sandal. **Commissioner Sandal:** Chair Curts. I I respectfully disagree with some of my commissioners here based on what I'm hearing. I I I don't think I mean it sounds like they're willing to work with us and try to get the less lighting where possible and they don't necessarily have to. So, um I I'm not convinced that we need to wait for a luminere plan or anything like that because they're willing to work with us and so maybe for other reasons we can't make a motion, but to me it sounds to me like we're we're getting as good as we can get. [47:50] **Chair Kurtz:** Okay. Commissioner Schindler. **Commissioner Schindler:** Uh, Madam Chair, Sydney, um, if the I mean, it sounds like the lights are on 24 hours a day in the parking lot regardless. So, lights aren't even a factor, right? [48:00] **Chair Kurtz:** The interior lights, interior lights would be changing. Applicant, could you speak to us about the interior lights, please? **Jeff Wyatt (Applicant):** Absolutely. So, one thing about the the signs, we're only doing signs northbound out on 42 and potentially one towards the bank/quickrip area. There are no signage to the west or to the south. Again, to be respectful to the community. Uh, I did want to since there's the the mention of cameras, I wanted to quell any fears that might exist of invasion of privacy or anything. The angle on uh the south side of the building would be aimed directly at the dumpster again to mitigate illegal dumping and anything like that. It would not intrude into um the residential areas at all. More than happy to have an independent verification of that for for any purposes that someone would need in the city. Uh the other ones would be uh directly facing uh north to uh cover the parking lot area there. Again, just for the the security on property there. Regarding the interior lights, there there are going to be no windows on the south side of the property. All of the windows on the east side of the property. One of them is being boarded up. All the rest of the remaining windows on the west side of the property are going to be private offices, which again during our normal business hours, staff usually start like the trainers would start showing up about 6:00 a.m. or so to to meet with clients. Uh trainers are usually gone by 8:00 at which point in time all those lights are on motion detection. So all those private office lights that face out to the west would all be shut off. So the only ambient light that would be projected would be again to the east towards Quick Trip or north towards 42. **Chair Kurtz:** Perfect. Thank you very much. I think we're good. Sure. Oh no. Please come up to Please come up to the mic. Sorry. I like what he said. [49:46] **Renee Cubes:** Come up to the mic. They're all going to be office rooms. Do I have to repeat my name? No. Okay. Well, anyways, right up here. Is this mouse working? No. Someone is right there. Anyways, he said the entryway is right there. So, it's kind of a V. So, we do see the entryway. But anyways, on the top side of the building, like he was talking about the office ones, that's nice. But the top of the building has all glass right there. And that's what we saw all the time until they shut the building down when their night lights came on. That's what illuminates towards us is the upper windows. And when they shut down the building, their nighttime lights go on. So then we don't see them illuminating windows. And then we saw the entryway where they had their entry lights right there. But otherwise, no, there wasn't much of that. That's what I like to add in. Like we said, daytime light and nighttime light. If it's going to be 247, we're going to be seeing the illuminating from the topper windows. **Chair Kurtz:** So, okay. Thank you. Thank you, Commissioner Scanland. [51:17] **Commissioner Scanland:** Madam Chair, Cindy, could you just bring up the interior view to show how the offices are aligned on there so that the... [51:24] **Sydney (City Staff):** Yes, I can. That question can be addressed. So, this is the entrance. Um, this would be north as on this side and this would be west facing the residential. So, here are the there's some offices as was noted by the applicant. Utility room, sauna, um shower or I believe bathrooms. So, that would this would be the side that' be facing the residence to the west. [51:43] **Chair Kurtz:** Thank you, Sydney. I hate to do this. Applicant, could you come up? I have one question for you and that is the top of that light that they're talking about because I know the building. Is there a way that you can put no glass in there? you know, put up so there's no glass showing through. **Jeff Wyatt (Applicant):** Absolutely. There's no glass that exceeds the height of 12 feet in that building. Um all the uh the windows on the exterior of that building cap at 12 feet because that was where the um acoustic tile ran into uh I believe what um community member was was referencing was the the crown uh lighting that is famous for uh for CVS, right? um we can control that independent of the parking lot lights and we certainly are willing to do that if if that's a request. Uh the downside of that is like I had mentioned to Sydney, I believe that uh there was some uh uh community prevention through environmental lighting uh applied when they designed the site in that the exterior parking lot lights are set further away from the building than they otherwise normally would be. uh accounting for the fact that all of that down lighting around the the crown of that um uh roof line provides direct down lighting and very little to any light spread uh from the building there. Uh meaning that uh some of the security lighting for people entering and exiting the building is provided from that downward uh crown lighting around the perimeter top of the of the roof there. Uh I believe if they CVS being they uh hadn't planned on having that uh crown lighting on, they would have uh placed uh light poles maybe more curbside to illuminate the front sidewalk there because if we turn those off by themselves, it does darken that that sidewalk both on the north side of the property and the west side of the property where people would walk curbside to walk along the building to get to the main entrance. But we are willing to do that if that's the wish. **Chair Kurtz:** Willing to do that because I was going to say it's an issue for the residents. Okay, appreciate it. Thank you. Okay, let's move forward. Anybody want to discuss or make a motion? Actually, I have to close first. 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 as the public hearing. The planning commission will weigh all comments and information received tonight in its 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 the city council unless tonight somebody would like to make a motion. Anyone? [54:18] **Commissioner Sandal:** I would make a motion to recommend approval of a conditional use permit to allow 24-hour operation of a Snap Fitness facility at 15115 Dove Trail subject to updated conditions 1 through 4. **Commissioner Scanland:** I would second that. **Chair Kurtz:** Any second it discussion? Do we need to talk about changing it from normal business? We're going to add the condition. I would no we're 24 hours with a condition of the interior lights is what I'm guessing correct that we're discussing right conditions we're talking about noral business hours and we were looking to change that to 8 to 5 and we're asking for 24 hours open 24 hours I I don't I don't think we need to do that unless you Okay for deliveries and for well for deliveries yes so the question is if you want clarify what normal hours of operation are. **Commissioner Sandal:** Okay. But for deliveries, not for exterior lighting. Right. Right. Because that should be later. So with the with the change from the ex first exception for norm dur normal hours of operation for deliveries to be between 8 and 5 8 a.m. and 5:00 p.m. Is that work? We have to go one through four. Correct. [55:40] **Sharon Hills (City Attorney):** Madame Chair, coun um commission member, you may amend your motion and then specify subject to condition one through four with the condition one reading and then state how you would like it to read. **Commissioner Sandal:** Okay, Madam Chair, you can and you can also modify number two if you want to be clear as to what those hours are as well. Can I ask a question about that one, Lou? Because you certainly I I don't understand why that one is there at all if we if they already have 24-hour ability to have lights on. **Sydney (City Staff):** For number two, non-essential would be things like the signage if that's illuminated. And it would be if in the future if they wanted to add any exterior lighting. For instance, some businesses have some it's not necessarily neon, but they do like a neon strip light around the top of the ground crown of the building. They aren't proposing that, but if for some reason they were to propose something similar to that, that would not be non-essential, be more decorative. So, we would say that would need to be shut off. Signage needs to be shut off. The security lighting can stay on is what that condition is saying. So, but like 5:00 seems to be too early to shut those types of lights off, right? **Commissioner Sandal:** So, I would say something more like 10:30 like what CVS was. Shall I make the amendment and then we'll see what people think? Okay, I get what you're saying. Madam Chair, I would like to amend my motion um to recommend the approval with the um uh what's this called? the uh updated condition number one to read deliveries and loading associated with the operations of SNAP fitness shall be done during during normal hours of operation between 8 and 5 8:00 a.m. and 5:00 p.m. And the second condition, all nonessential exterior lighting shall be turned off after normal hours of operation at 10:30 p.m. And then we need to add the one about that crown light condition about the interior light about the crown. And we would like to add a as I continue my amendment. Um, we will con add a condition number five about the crown crown lighting interior lighting being turned off at 10:30 p.m. I'm not sure what this one I thought this one was the exterior one that we didn't need to do a change to. **Sydney (City Staff):** Correct. I I would This would be exterior light, right? I'm I'm sorry to interrupt you. Yeah. No, I I I think if you look at the updated resolution uh 2 sub A says any modifications to exterior lighting fixtures shall be submitted to the city for further consideration and approval. because that's where these issues would be addressed such as um the neon be you know uh strip or whatever you know I because it's just I think I I believe if I'm understanding you Sydney that that would all be considered non-essential exterior lighting and then that's going to be worked out between you you any modification to that would require city approval where those considerations would be addressed that would be essentual lighting if the applicant were to or the building um property owner were to add more lighting, it would be considered by the city. It would need to be reviewed by the city. I believe the crown lighting is on the exterior, right? And it's existing other interior. Okay. So that's so that so we didn't need to add a I think that modified to with sub a addresses all of those concerns in my opinion. **Commissioner Sandal:** Okay, got it. [59:33] **Chair Kurtz:** Do we have a second? **Commissioner Scanland:** I would second that motion. **Chair Kurtz:** Okay. Any discussion? If not, all in favor say I. **Commissioners:** I. I. **Chair Kurtz:** Oppose. Nay. Motion carries. [59:52] **Chair Kurtz:** Okay. That brings us to the second public hearing and that is the village of founders circle 3 edition pickle ball and that is going to be presented by Terry Dill and I will open public hearing. We will now open public hearing for agenda item 4B. The affidavit 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 your address so that the 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 their proposals conformance with pertinent regulations and policies. After that, comments will be taken from the general public. Terry. [1:00:39] **Terry Dill (City Staff):** thank you, chair, members of the commission. Um, Marquee Properties um is proposing to construct a 56,500 ft building um that will house a 18 court indoor pickup facility and that will also have a food and beer hall type class one restaurant. Um the request tonight to for the proposal includes three requests. um an amendment to plan development number 739 that is to amend the permitted uses within that district to allow an indoor commercial recreational facility as a permitted use and then also for the village of Founders Circle third edition final plat and then site plan and building permit authorization. Uh the site is located at the northeast corner of 153rd Street and um Garrett Avenue. The surrounding land uses include um the post office to the west. Um Apple Ford is located to the north. Uh Riser Apartments are located to the south. Grant hotels on the east side. And then there's a public parking lot located in the northeast corner. Um the site is guided for mixed use um which includes a mix of uh residential high medium and high density um retail and service type uses, public uses and then also um park and recreational uses. **Terry Dill (City Staff):** The zoning um as I stated is PD number 739 uh zone 4. Um the uses that are listed now um have very an extensive list of uses, but the actual indoor commercial um recreational facility is something kind of new to the code. So uh the final plat that's up um is actually it's a simple plat. There's two existing platted lots and they are just combining that into one uh 3.77 acre lot. Uh the site plan for the new structure um will face or orient to the north with the main entrance located in the northeast corner. Um the access to the site will be located on Garrett Avenue and then also on Gallivant Place with the parking lot located on the north side of the building. Um the outdoor patio areas will be located on the east side of the building and on the south side of the building and those will both be enclosed with um a decorative ornamental um black fencing. There's sidewalks that will be located going east west in front of the building and will connect to the existing sidewalks on Garrett and Gallivant. And then there's also three other pedestrian connections to the sidewalk. Um, another one located on the patio on the east. Um, and then also from the patio on the south and then, um, in the, uh, southwest corner of the building. **Terry Dill (City Staff):** Um, here's the grading plan for the site. The proposed storm water pond is located on the north side of the parking lot. And the utility plan, um, the existing water and sewer are already stubbed into the site and those are of adequate size. Um the landscaping plan is showing a mix of trees and some foundation shrubs. Um there's also trees planted in the um landscaped islands in the parking lot. Um their final landscape plan will need to be submitted that will have to equal um 2 and a half% of their um building construction costs. And then the these are the architectural renderings. Um so the main building material will be a pre-cast um panels that have exposed brick finish to them and then the accent materials will be um there's a wood panel um metal panel fence or siding type product as you can see in the bin. There's a large amount of glass that will be incorporated into um the building especially on the east side and the south. There will also be over glass overhead doors that will lead into those patio areas. the um buildings itself. Sorry, I'm trying to see. This is the east elevation showing all the glass. Um the overall design of it, they're using some colors that are mostly black within some lighter shades of gray, which will provide um a temporary look to the site that will be complimentary and fit in well with the Central West Village design. So with that, the applicant is here if you have any questions for them. Otherwise, I can try and answer any questions you have. [1:05:35] **Chair Kurtz:** Thank you, Terry. Commissioners, any questions for Terry? Commissioner Scanland. [1:05:40] **Commissioner Scanland:** Madam Chair, Terry, um the current lot or property is being used as a parking lot portion of it. **Terry Dill (City Staff):** This site is actually um it's just grass. **Commissioner Scanland:** Okay. I thought they were Excuse me. I haven't been out there for a while. Um well, it still kind of goes back. My question is is this going to affect um the parking concerns with the Ford dealership at all? Is there's been any discussion with that in association with this because that's been an ongoing concern for quite some time. [1:06:17] **Terry Dill (City Staff):** Yeah. So, the two uses actually will be utilizing that parking lot at different times. Their main hours will be um 5 to 11 as their peak period for their business use. um their site is going to have 160 parking stalls and then also on Gallabant there will be um I believe there's approximately 38 parking stalls that will be able to be utilized as offsite and then in that public parking lot there's also another 128 parking stalls that public lot is where the four dealership employees tend to use versus the on street or actually they're using both so correct so we'd be covered there not foresee having any parking concerns. We don't anticipate just because of the difference in time with their business. Um they will have pickle ball um courts available in the morning um but the food hall and that portion of the business would not open until 11:00. **Commissioner Scanland:** Okay. All right. Thanks for the clarification. [1:07:15] **Chair Kurtz:** Anyone else for Terry? Guess not. We'll have the applicant come up. [1:07:30] **Randy Multilol (Applicant):** Hello, my name is Randy Multilol and I'm one of the developers of this. **Nate Goolan (Architect):** And then I'm Nate Goolan. Um, work for 10K Architecture in Hopkins, Minnesota. Uh, the architect. **Chair Kurtz:** Architect. Okay. Is there another building like this anywhere? The pickle ball. I mean, is it like a franchise or anything or is it just one stationed and that's going to be in Apple Valley? **Nate Goolan (Architect):** This is going to be a standalone in Apple Valley. There are other similar facilities around the Twin Cities um mainly north side, Maple Grove, Minneapolis and those areas, but there's nothing southside at the moment. [1:08:03] **Chair Kurtz:** Very excited to see this come into Apple Valley. So, thank you for considering Apple Valley. It's been a long time since that empty lot has been sitting there. So, um anybody have any questions? Any commissioners have any questions for the applicant? Oh, Commissioner Sandal. [1:08:18] **Commissioner Sandal:** Um, I just wanted to say that I think the building looks beautiful. I love that all four sides have all the I mean, Commissioner Scandlin frequently brings up the the different sides and making sure they all look really nice and um I really I appreciate the work that went into making sure that all four sides look really nice. So, thank you. **Nate Goolan (Architect):** Yeah, I appreciate that. Thank you very much. a lot of people have been working on it and yeah, we've uh we love the site being kind of in this kind of a a developing area and the opportunity to to kind of um enliven enliven the zone a little bit more and we're particularly excited about the uh the corner there uh right near the um the the roundabout and being able to provide some activity on the on the street and really enliven line at that zone. **Chair Kurtz:** So I have a question about noise because pickle ball is a big noise factor, right? Especially obviously the outdoor ones. Is this very well, you know, built so you don't no residents are going to complain that they hear anything and stuff like that? **Nate Goolan (Architect):** Yeah. So, that that is one of the advantages of the the pre-cast wall panels that we'll be using around the pickupball courts um is that those those provide quite a bit of density and will be um quite sound deadening um in their in their construction. Um the areas that are glazing, most of that is in the food hall area. So that's kind of insulated a little bit from the the pickle ball courts, but um yeah, we would anticipate that those pre-cast panels provide a very good sound buffer um for the interior of those courts. **Chair Kurtz:** Okay. Thank you, Commissioner Scanley. [1:09:48] **Commissioner Scanland:** Madam Chair, um my initial comments will be about design. I will um also say the same thing. It's nice to um that you took in account of balance architecture design and your use of various materials the class and especially with uh tip up panels and that that um they bring challenges with yes um and you seem to be able to overcome those challenges. So thank you for your thoughtful design in that respect. um to the owner here. Um can you kind of just talk about the the concept a little bit and when you plan on getting things started and so forth? [1:10:24] **Randy Multilol (Applicant):** Yeah. Um so the concept of it is putting together two big things that are coming within the Twin Cities right now that the South Metro doesn't have. You know, the indoor pickle ball facility. Most of the facilities that are in the Twin Cities are smaller uh facilities with 12 to 14 courts. By adding 18, this brings in a lot more opportunity for people to play and enjoy the game year round, especially for the residents. And then with the food hall portion, it's just not adding one restaurant concept. We would have four food vendors that, you know, gives them the options to come around, partake in different venues as well and just enjoy themselves. And then with the beer beer wall portion as well, you know, it gives them a lot of different opportunities to experience different things there as well. Then the outdoor space, you know, in this spring, summer, fall, you know, we'd like to have different activities out there for the residents, you know, within the area and the community to enjoy and utilize and just make it what they'd like. **Commissioner Scanland:** Okay. Well, thank you and also thank you for again for um selecting Apple Valley for this project. And um as was mentioned, this piece of property has been vacant for an extended period of time. And it's uh I think this is a real good application to uh u bring to that and to that area. Um so uh especially with the um um apartments and so forth there that it's kind of a real hub of activity that's going on. I think it's a really nice fit. So thank you. **Randy Multilol (Applicant):** Very welcome. **Commissioner Schindler:** Madam Chair, um is there I I can see that there's the 18 courts. Is there anywhere for viewing? [1:12:12] **Nate Goolan (Architect):** Yes. Yeah. um uh that the I don't think the floor plans were presented as part of the part of the presentation, but yeah, the the intention is on the um east side where the restaurant uh and the food hall is that there's a portion of that um that's a two-story space um and that would be open at the same time that the pickleball courts are and that's more um just about gathering for people that are playing. And on that second po portion, there will be an overlook um so people can watch um you know pickle ball at any time from that overlook. We do actually have a little bit of glazing from inside the pickle ball pickle sorry the food hall so that even when people are sitting down having a beer or having some food there are some uh select points where they'll get a a great view out into the pickle ball courts and see the activity that's going on. **Commissioner Schindler:** You partnered with a sports betting app yet? **Nate Goolan (Architect):** Not yet. Maybe at the end of the presentation there was um some plans I thought maybe. Yeah, there you go. So um the uh if you go to the next sheet uh next page. Yeah. So this shows uh the second floor. So obviously the area on the left is the twotory volume for um where the pickleball courts are. that right where you've got your cursor is a zone um that is a balcony that over overlooks the um overlooks the uh the pickball courts. So there would be a um a tabletop uh there with with seats and there's a little game area uh off to the side there as well. Um, and then the other area that I was mentioning is on the south side of the plan where there's a little dashed X um, uh, that there's a large window there so folks in the food hall can have a have have a great view out into the under the courts. **Commissioner Schindler:** Awesome. Cool. **Chair Kurtz:** I think Commissioner Scandlin had asked about a time frame. Did you... **Randy Multilol (Applicant):** Oh, time frame. Sorry. Um, we would hopefully like to be operational by December of this year. **Chair Kurtz:** Really? **Randy Multilol (Applicant):** And if you know that's everything goes through correctly, we can break ground as soon as possible. That'd be ideal. And you know all the people that are clamoring to play in the winter have somewhere to go. There you go. So they're not out there shoveling the outdoor courts just to play outside. **Commissioner Scanland:** Commissioner Scanland, the only followup I is maybe for Terry is the um need for bike racks and it's in here. It is in talked about bike racks in here. Excuse me. All right, we're good then. Did it not, Terry? **Terry Dill (City Staff):** It did. Yeah, I thought so. [1:14:45] **Chair Kurtz:** Okay, thank you very much. Any discussion, commissioners? Okay, so then I will ask please come to the podium to speak and address all comments and questions to the chair. Um, did you have any questions, ma'am? **Unidentified Resident:** I'm just gathering information. **Chair Kurtz:** Okay. Okay, just wanted to make sure if there are no further comments, I will close the public hearing. It is the policy of the planning commission not to act on an item on the same night of the public hearing. The planning commission will weigh all comments and information received tonight in its 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. Unless we are willing to make a motion tonight, anyone? Madam Chair, excuse this in two parts. [1:15:49] **Commissioner Scanland:** Madam Chair. Um, I recommend ordinance amending article 31, plan development number 739. **Commissioner Halas:** I'll second. **Chair Kurtz:** That motion was made by Commissioner Scanland, seconded by Commissioner Halas. Any discussion? If not, all in favor say I. **Commissioners:** I. I. **Chair Kurtz:** Oppose. Nay. Motion carries. [1:16:26] **Commissioner Scanland:** Madame chair I recommend um village of founders circle third edition final plat. **Commissioner Halas:** I'll second that. **Chair Kurtz:** Also motion made by Commissioner Scanland, seconded by Commissioner Halas. Any discussion? If not, all in favor say I. **Commissioners:** I. I. **Chair Kurtz:** Oppose. Nay. Motion carries. [1:16:44] **Commissioner Scanland:** Madam Chair, I recommend site plan review and building permit authorization. **Commissioner Halas:** Second that one also. **Chair Kurtz:** Motion B again by Commissioner Scanland, seconded by Commissioner Halas. Any discussion? If not, all in favor say I. [1:17:02] **Sharon Hills (City Attorney):** Madam Chair, Madam Chair, before there's a vote, um the motion does need to reference the conditions. Are they in the report? **Chair Kurtz:** Yes. In the resolution, there are conditions to the site plan um building permit authorization. Anybody see it? Cuz I don't. I don't see that. We just had the three like it's on here. Okay. So, that's my error. Then I'm... [1:17:32] **Terry Dill (City Staff):** The resolution should be in your packet though. So, it would The conditions are on the screen, Madam Chair. **Chair Kurtz:** Oh, here. Thank you. 19 19. Okay. Okay. One through 19. Sorry, I'll get the hang of this. That's okay. Um, Madame Chair, um, amend my number three. [1:17:55] **Commissioner Scanland:** Recommendation to include items 1 through 19 as outlined in staff report. **Chair Kurtz:** Do I have a second? **Commissioner Halas:** I'll second that. **Chair Kurtz:** Motion made by Commissioner Scanland, seconded by Commissioner Halas. All in favor say I. **Commissioners:** I. I. **Chair Kurtz:** Oppose. Nay. Motion carries. [1:18:17] **Chair Kurtz:** Okay, moving on. Okay, this brings us to number five, land use action items. Uh, and that is I believe Terry also. [1:18:41] **Terry Dill (City Staff):** Yes, thank you. Um staff is just asking for direction from the planning commission on conducting public hearings for variances. Um a variance is like an exception granted by the city council uh from the zoning code and as we go through I'm you have seen variances I think with applications that have come if they have another application item with them that you need to act on or make a recommendation on. and um state statutes does not require a public hearing, nor does our code, a court, our our city code actually states that a public hearing may be required. Um however, it is the practice of most cities um that they hold a public hearing just for the benefit of the neighbors so that they can be made aware of um the request that's being made. Um we would process them the same as a conditional use permit as far as the public hearing notice. it would go on the paper and then would also be mailed out to everyone within 350 ft. Um it would be something that we're just asking for direction right now, but in the future we would um most likely amend the zoning code um to include that would to require the public hearing. **Chair Kurtz:** Has it been that way in the past at all or no? Did you say um there's been I think I believe you have seen applications where they're asking for another request then you hear about the variance but if somebody is just having a straight request for a variance um the hearing has not been held. My opinion is I'd like to see it included. Okay. That's my opinion. If everybody else wants to speak, go ahead. We just want to make sure that the neighbors are getting notified of it. Correct. **Commissioners:** I think that would be the right thing to do. I agree. Agree. We agree. Agree. Yep. **Terry Dill (City Staff):** Okay. That is what we wanted to hear. [1:20:16] **Chair Kurtz:** That brings us to other business. And Terry, you get to handle that one also. **Terry Dill (City Staff):** Yes. So, the upcoming meetings, there will be another planning commission meeting on July 16th and then also on August 6th and then there's city council on July 10th and July 24th. **Chair Kurtz:** Okay. Thank you. [1:20:35] **Commissioner Schindler:** Move we adjourn. **Commissioner Sandal:** Second. **Chair Kurtz:** Motion made to adjourn by Commissioner Schindler. And everybody was excited to say second. So we'll give it to Commissioner Sandal. All in favor say I. **Commissioners:** I. I. I. **Chair Kurtz:** This meeting has adjourned. [1:20:53] [Music]