[1:04] Chair (Mayor Curts): Good evening. I call the August 6th, 2025 Apple Valley Planning Commission meeting to order. The first item of business tonight is the approval of the agenda. Are there any changes from staff? [1:10] Tim Bernetti: Madame Chair, members of commission, uh we do have a a quick uh change or request for change on item 5A. Uh we have it declared or uh noted as a resolution declaring city owned lands central village west site as surplus and in conformance with the 2040 plan. We'd like that revised to um a resolution declaring certain city owned lands as having no public purpose needs and the proposed sale is in conformance with the 2040 plan. We you should have on your day or desk or your seat a revised resolution that uh confirms that or memorializes that. uh this is just a last second change that we had on this resolution. So we we'll make the change note for the record the the heading change but we want to make sure that you're aware of the change also on the resolution as well. With that I'll no other changes and I can take any questions if you have them at this time. [2:10] Chair (Mayor Curts): Any questions for Tim anyway? [2:12] Commissioner: No. Thank you. [2:14] Tim Bernetti: Thank you. [2:14] Chair (Mayor Curts): Um any changes from the commissioners? If not, all in favor say I. I'm sorry. Can I get a motion for approval? [2:23] Commissioner Mahwa: Mot approved. [2:24] Chair (Mayor Curts): That was uh made by Commissioner Mahwa, seconded by Commissioner Hass. All in favor say I. [2:30] Commissioners: I. [2:31] Chair (Mayor Curts): Oppose. Nay. Motion carries. The next item of business is the approval of the consent agenda. Consent agenda item 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? [2:55] Commissioner Scanland: So moved. [2:56] Commissioner Schindler: Second. [2:57] Chair (Mayor Curts): Made by Commissioner Scanland, seconded by Commissioner Schindler. All in favor say I. [3:04] Commissioners: I. I. [3:06] Chair (Mayor Curts): Motion carries. That brings us to we have a few public hearings tonight. So the first one I will open. We will now open the 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 at this public hearing should be sure to fill out the attendance roster. Please include 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 to comment on the proposal's conformance with pertinent regulations and policies. After that, comments will be taken from the general public. And first one is a plan development and that is Sydney Strowing. [3:57] Sydney Strowing: Good evening, chair and commissioners. Tonight, I'll be presenting to you a series of text amendments. Uh we had a couple of updates and then a correction that we wanted to make. So, we just figured we'd bring it back to you to review. Starting off with a setback amendment to PD 1144. Specifically, you're asked to consider amendment to plan development number 1144 regarding the rear lot setback requirement for zone 2, which would be the Orchard Place Apartments project. this ordinance uh resoning and then site plan building permit authorization was reviewed and considered by you in April of 2025. So just a couple months ago and then it was formally approved by the city council in April as well. The site is highlighted here in black and it is located at the northwest corner of 157th Street West and English Avenue. Again, this is the site of the future Orchard Place Apartments. It is zone PD1144 and specifically we are considering zone 2 again highlighted here. The PD also includes zone one which is the site of skyline. This PD ordinance set out the allowed uses as well as the area and setback requirements. This was the approved area requirements which again includes the setbacks um that was reviewed by you as well as approved by city council. So it this includes all requirements but specifically you are asked to consider an amendment highlighted here in yellow which would delete the existing requirement of a 50ft rear lot rear lot line setback requirement for zone 2 and amend it to 10 ft. This is in conformance with the approved site plan. Nothing is changing with the site plan. It is just correcting an error that was made during the original draft and approval of the ordinance. This is the approved site plan for the uh Orchard Place Apartments. Due to the city definition, the definition of city code of front and rear lot lines. Uh the front front lot line would be this lot line to the south along 157th Street. And then with that, the rear lot line is highlighted here in red. So the approved site site plan has a setback of 12 feet from that rear lot line. With that you are asked to hold the public hearing and then if there are no other public of the draft ordinance amending that rear lot line step back requirement for zone 2. Thank you. [6:36] Chair (Mayor Curts): Thank you Sydney. Commissioners have any questions for Sydney? [6:39] Commissioner Halas: Just just one. [6:41] Chair (Mayor Curts): Sure. Commissioner Halas. [6:43] Commissioner Halas: Thank you. Um, Sydney, if you want to go back to the the last slide. It shows the line. All right. Where the red line is is what we're talking about for the the lot line. Correct. [6:54] Sydney Strowing: Correct. [6:55] Commissioner Halas: And then right to the to the north of that is the walking path. Was it talked about in that meeting that the the proposal would have that the people were going to build the and put the uh the walking path in and then the city would maintain it. Is that the way it went? [7:13] Sydney Strowing: Correct. So, this um area north of the apartment site is an outlot. Uh the applicant of the apartments is going to construct that trail like you said and then um they will convey that land over to the city and we will be um required maintaining that for the future, but we aren't required to construct it. That would be the apartment developer. [7:36] Commissioner Halas: Very good. Thank you. [7:38] Chair (Mayor Curts): Anyone else? Okay. Thank you, Sydney. Please come to the podium to speak and address all comments and questions to the chair. If there's anybody in the audience who would like to come up to the podium. Okay, looks like there isn't. So, 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 of its public hearing. The planning commission will weigh all comments and information received tonight on its deliberations at future meetings. This item will be continued to appear on future planning commission agendas until a recommendation on the petition can be forwarded to city council unless we would like to make a motion tonight. [8:25] Commissioner Scanland: Madame Chair, I uh recommend approval of a draft ordinance amending article 40 plan development 1144 of the city code by revising the rear lot setback requirements for zone two. [8:41] Commissioner Schindler: Second. [8:42] Chair (Mayor Curts): motion made by Commissioner Scanland, second by Commissioner Schindler. Any discussion? If not, all in favor say I. [8:52] Commissioners: I. [8:53] Chair (Mayor Curts): Oppose. Nay. Motion carries. With that, we have the second public hearing. We will now open the 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. Please 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 to comment on their proposals conformance with pertinent regulations and policies. After that, comments will be taken from the general public. And again, Sydney Stro. [9:47] Sydney Strowing: Thank you, chair. So, for this next amendment, this would be a text amendment regarding cannabis buffers and how we measure that from cannabis businesses. Specifically, you're asked uh to consider an amendment to section 155.320, which is our cannabis zoning requirements. This would address the procedure for measuring setback buffers for cannabis businesses. The amendment is as shown on the slide. It was also included in the draft ordinance in your packet. So essentially what this amendment would be doing would be codifying a policy that was reviewed by you as well as the city council in the initial approval of the cannabis zoning ordinance in October of 2024. So standard city policy for measuring setback and buffers is to measure from the nearest property line of that use to the adjacent um uh use that needs a setback. So what this would be doing again is codifying that policy to ensure that there's no misinterpretation um when reviewing this code section. Um so for this would be measuring a line from the nearest point on the property of a protected use like a school um elementary school, preschool, residential facility, etc. Um as well as from any future potential existing cannabis businesses and then measuring that from the property line of the proposed cannabis business. That is what this amendment would do. And again, that's an existing policy. So with that again you're asked to hold the public hearing and if there are no outstanding public comments or questions we are recommend staff recommends approval of the draft ordinance amending section 155.320 to address the procedure of measuring setback buffers from cannabis businesses and with that I can take any questions. [11:33] Chair (Mayor Curts): questions not anybody from the public looks like there isn't 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 as its 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's agendas until a recommendation on the petition can be forwarded to the city council unless we would like to make a motion tonight. [12:02] Commissioner Hass: Madame Chair, I recommend approval of the draft ordinance amending uh 155.320 cannabis businesses, hemp businesses, and temporary cannabis events to address the procedure of measuring setback buffers for cannabis businesses. [12:25] Commissioner Schindler: Second. [12:26] Chair (Mayor Curts): motion made by Commissioner Hass, seconded by Commissioner Schindler. Any discussion? If not, all in favor say I. [12:35] Commissioners: I. [12:36] Chair (Mayor Curts): Oppose. Nay. Motion carries. Last one. We will now open the public hearing for agenda item 4 C. 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. Please include name and address so 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. Sydney again. [13:27] Sydney Strowing: Thank you again, Mayor Curts. So last but not least, I'll be presenting to you a text amendment regarding variance public hearings. You are asked to consider amendment section 155.397 regarding public hearing requirements for variances. This was a policy that was introduced to you at the July 2nd planning commission meeting and you directed staff to uh begin holding public hearings for variances. So what this will do is codify that policy within the city code. on the slide now is the amendment that was also included in the draft ordinance in your packet. So essentially it would be striking the requirement saying that variances may be or public hearings may be held uh and changing it to requiring public hearings for all variance requests. The uh public hearing procedure will be the same as other land use applications that require public hearings. And again with that asking you to hold a public hearing and then staff is recommending approval of the draft ordinance uh to require public hearings for variance requests. Thank you. [14:38] Chair (Mayor Curts): Thank you Sydney. Again any questions for Sydney. Okay. If not anybody in the audience would like to come up. Looks not. So we will there are no further comments. I would close this public hearing. It is the policy of the planning commission not to act on an item on the same night as its public hearing. The planning commission will wait 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 want to make a motion tonight. [15:19] Commissioner Scanland: Madam Chair, I recommend approval of a draft ordinance amending section 155.397 variances requiring a public hearing for variance requests. [15:29] Commissioner Hass: Second. [15:30] Chair (Mayor Curts): Uh that was a motion made by Commissioner Scanland. I believe I heard Commissioner Hass. Any discussion? If not, all in favor say I. [15:40] Commissioners: I. [15:41] Chair (Mayor Curts): oppose. Nay. Motion carries. Thank you, Sydney. That brings us to 5A, land use, and that is resolution declaring city- owned lands. With that, Tim Bernetti. [16:02] Tim Bernetti: Thank you, Madam Chair, members of the commission. So, before you tonight, uh sort of unusual, you don't get to do these very often. This is your own uh resolution from the planning commission. Normally you make recommendations and council usually adopts resolutions and ordinances. This is one of the few times where you by statutory uh uh uh language, you get the right to recommend the sale and disposal of disposal of land that city might own. In this case, we're talking about the Central Village West site. This is where the recently uh recommended for approval pickle hall right next to the the post office, Apple Valley Ford, Grandstay and Riser Apartments area. Uh so this is just a a a very quick and uh operations building which you presented a few years ago. So this is just a resolution before you tonight. Uh, all we require is a simple motion and a second and adoption if you so choose and this will be simply presented to the council for acceptance at the next meeting. With that, I can stand for any questions or comments on the resolution before you. [17:08] Chair (Mayor Curts): Commissioners, any questions for Tim Bernetti? If not, we'll see if we can make a motion. [17:11] Commissioner Scanland: Right. We don't make a motion on this. [17:15] Tim Bernetti: Make a motion. Yep. You can make a motion in a second. [17:17] Commissioner Scanland: Madame Chair, I recommend adopting a resolution declaring city-owned land, generally referred to as the Central Village West site, located at 7153 52nd Street West and 7169 153rd Street West as having no public per purpose needs and in conformance with the 2040 comprehensive plan. Thank you. [17:50] Commissioner Schindler: Second. [17:51] Chair (Mayor Curts): motion made by Commissioner Scanland, seconded by Commissioner Schindler. Any discussion? If not, all in favor say I. [18:00] Commissioners: I. I. [18:02] Chair (Mayor Curts): Oppose. Nay. Motion carries. [18:05] Tim Bernetti: Thank you. [18:06] Chair (Mayor Curts): Thank you. Do you want to stay up there? Get number six for other business. [18:09] Tim Bernetti: So, uh, just want to point out that our next meeting, uh, hopefully you can make it, is Wednesday, August 20th, followed by our council meetings of the 14th and 28th. Um, I also wanted to just quickly, uh, note that last night, I didn't know if anybody had a national night to unite uh, party in their neighborhood, but uh, we had a very good successful uh, parties at most of the turnouts that we did. Uh, got some good comments. uh had some favorable comments on the future apartments on the gas light site. Uh the only concern was that they didn't want their trees or their parks taken away or their their their green space. So, uh a little few comments there. Uh some negative comments about motorcycles for some reason. So, uh that we won't get in there, but uh again, uh a lot of positive comments. So, uh reflects very well upon you as a commissioner that you're weighing some good developments through here. So, just wanted to uh extend that uh that gratitude and and that thanks for doing all the work you put in for that and that review process. So, it's important and it's reflecting some good comments out there. So, thank you. [19:23] Chair (Mayor Curts): That's good to hear. Thank you for sharing that. [19:26] Tim Bernetti: You're welcome. [19:27] Chair (Mayor Curts): Can I get a motion to adjurnn? [19:29] Commissioner Schindler: So, moved. [19:30] Commissioner Scanland: Second. [19:31] Chair (Mayor Curts): or motion motion was made by Commissioner Schindler, seconded by Commissioner Scandlin. All in favor say I. [19:34] Commissioners: I. [19:35] Chair (Mayor Curts): This meeting has adjourned.