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HomeMy WebLinkAbout01/14/2009CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JANUARY 14, 2009 L CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Churchill at 7:00 p.m. Members Present: Jeannine Churchill, Tom Melander, Frank Blundetto, Keith Diekmann, Tim Burke and Ken Alwin Members Absent: David Schindler Staff Present: Community Development Director Bruce Nordquist, Associate City Planner Margaret Dykes, City Attorney Sharon Hills, Assistant City Engineer David Bennett, Department Assistant Barbara Wolff and Assistant City Administrator Charles Grawe 2. APPROVAL OF AGENDA Chair Churchill asked if there were any changes to the agenda. There being none, she called for approval of the agenda. MOTION: Commissioner Melander moved, seconded by Commissioner Diekmann, to approve the agenda. The motion carried 6-0. 3. APPROVAL OF MINUTES OF DECEMBER 17, 2008 Chair Churchill asked if there were any changes to the minutes. There being none, she called-for approval of the minutes. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, to recommend approval of the minutes of the December 17, 2008, meeting. The motion carried 5-0. Commissioner Blundetto abstained. 4. CONSENT ITEM --NONE-- 5. PUBLIC HEARING A. 2009-2013 Capital Improvements Program -Consider adoption of the 5-year Capital Improvements Program as an amendment to the Comprehensive Plan. Assistant City Administrator Charles Grawe presented the Capital Improvements Program (CIP). As part of the Comprehensive Plan, the City prepares a 5-year CIP to establish an anticipated timeframe for physical improvement projects and major equipment acquisitions relafive to the need S:\planning\PLANCOMM\2009 agenda & minutes\011409m.doc for them and the fiscal capacity to pay for them. The CII' is a planning document intended to assist policy makers and staff to plan for major capital improvement, renewal and replacement expenditures. As a planning document, the CIP does not bind the City to the anticipated expenditures in the projected years. The CIP is not a budget, nor is it an authorization to expend funds. The authorization of the expenditures occurs through City Council action and in adoption of the annual budget. As a planning document, the CIP facilitates two distinct planning purposes. First, the CIP is a tool with which to implement the City's Comprehensive Guide Plan. As the City looks at future projects, it is important to make sure that they will appropriately integrate with the Comprehensive Guide Plan. Second, the CIP is a financial planning document. As many capital purchases are made in various dollar amounts in various periods of time, it is important to appropriately plan so that the necessary funding mechanisms are available as expenditures take place. The CIP document generally line itemizes outlays which exceed $50,000, but there are a few major exceptions. The CIP is not intended to be all inclusive of every item categorized as capital outlay in the annual budget, nor is it intended to anticipate the sporadic purchases of very small tools or equipment. The draft CIP for the period 2009-2013 has been prepared by the Department of City Administration in consultation with all other operating departments. Grawe presented a Powerpoint presentation to the Planning Commission with the following points: Capital Improvements Program (CIP) • Ensure that future projects will appropriately integrate with the Comprehensive Guide Plan. s Appropriately plan so that the necessary funding mechanisms are available as expenditures take place. • Both the need for and cost of services will continue to increase. • Formalizes aprocess in which future projects and outlays can be identified and prioritized. • Reflect City policies for growth, maintenance, and development. CIP Used in Budget Process • The Cfl' planning begins early in the year, usually around March. • The draft CIP then becomes a basis from which departments formulate their budget requests in June and July. • The budget review process takes place in the summer and fall. Projects may be added or subtracted for the upcoming year. • Once the budget appears to be relatively set, the CIP is adjusted to reflect the budget for the upcoming year and sent to the Planning Commission typically in early winter. Planning Document, Not a Budget • The CII' does not bind the City to the anticipated expenditures in the projected years. • The CiP is not a budget, nor is it an authorization to expend funds. • The authorization of the expenditures occurs through City Council action and in adoption of the annual budget. How the CIP Differs from the Budget • Budget categorizes expenditures into three major groups: personnel services, capital outlay, and other. S:\planning\PLANCOMM\2009 agenda & minutes\011409m.doc Capital outlay describes a wide variety of goods. The CIP doesn't tie to line items within the annual budget document for several reasons: - The Budget includes very small capital outlays. - Some expenditures in the CIP are not categorized as capital outlay in the Budget. - Shifts in budget funding to equipment certificates. What is the CIP? The CIP does not include every capital outlay in the annual budget. Not intended for sporadic purchases of very small tools or equipment. Generally line itemizes outlays which exceed $50,000, but there are a few major exceptions: - selected divisional expenses such as computer and video related equipment, - improvements, renewal, or replacements to City buildings exceeding $5,000; - improvements, renewal, or replacement to key infrastructures exceeding $5,000, and - subtotaled minor expenditures found in the appendices to the CIP. Reasons for Exceptions • Cost of any individual item might be quite small, but when purchased in large bundles or as a system, can amount to a very large total expenditure. • For land use planning, a more comprehensive listing of buildings and key infrastructure is desirable. • The exception for subtotals in the appendices (Replacement and MSA schedules) is primarily to provide internal consistency to the document. • Some expenditures found in the CII' that are not classified as capital outlay in the annual budget, such as street overlay, but are a crfical component of the City's infrastructure and capital assets. CIP Changes Continuously • CIP project planning needs to respond to changing community needs. • Changes in economic condifions may alter timelines. • Rate and location of development is important. • Funding mechanisms change and projects maybe more or less feasible based on funding. • The use of bonding is not always easy to predict. • Staff continues to look for opporhiuities for efficiency, often changing the projected needs for capital. The CIP is Divided into Seven Sections 1) Summary Tables 2) Projects listed by Department 3) Projects listed by Funding Source 4) Projects listed by Category 5) Debt Analysis 6) Vehicle and Equipment Replacement Schedule 7) Street Overlay and Reconstruction Schedule Department Listing • The 27 "departments" do not directly correspond to actual City departments, but separate the projects by function at more of a divisional level. S:\planning\PLANCOMM\2009 agenda & minutes\011409mdoc Revenue Source Listing • The 22 funding sources represent both internal and external sources of revenue. Project Category Listing The 13 categories span departments (such as vehicles or buildings) and allow for analysis of expenditures in large areas (such as buildings and land) where department functions are not always relevant. Anticipated Projects Exceeding $500,000 • Replace Valleywood Clubhouse; $4,000,000 in 2009 • Expand CMF; $2,000,000 in 2010 • Remodel Liquor Store #1; $1,000,000 in 2010 • Add Land for Cemetery; $1,300,000 in 2010 • Buy Land & build Fire Station #4; $2,285,000 in 2013 • Replace Fire Trucks; $500,000 in 2012 and 2013 • Deep Well #20; $750,000. in 2010 • Deep Well #21; $750,000 in 2012 • Well Pressure Filter Facilities; $5,000,000 in 2011 • Expand Water Treatment Plant; $8,500,000 in 2012 • Combined Stormwater/Pond Projects; $2,390,600 in four years • Annual Street Overlay and Reconstruction; $15,935,768 from 2009 to 2013 Debt Analysis • The purpose of the debt analysis is to determine the impact of the existing and projected debt on future general property tax levies as well as Municipal State Aid funding. • The debt analysis also helps in planning the transition from one debt levy to another. Four Tables on Debt • First table shows how debt service levies impact tax levies. • Second table line itemizes the various existing and projected levies. • Third table is for Net Revenue Bonds, for which projects have an alternate dedicated revenue stream. • Fourth table is projects funded by the Municipal State Aid. Debt service cannot exceed 50% of annual allotment and a negative balance can be carved forward up to the amount of the previous year's allotment. Vehicles and Equipment • Line itemizes all City vehicles and significant pieces of equipment (exceeding $5,000 in value). • Identifies replacement schedule. • Subtotals of pieces costing- less than $50,000 are shown in the CIP as department minor vehicles and equipment. Street Overlay and Reconstruction Schedule • Schedule provides detailed timeline projections for both overlays and reconstruction of all City streets. S:\planning\E'LANCONIM\2009 agenda & minutes\011409m.doc Grawe finished his presentafion by asking for any questions or comments from the Planning Commission. Chair Churchill hearing no questions or comments from the Commission or the public, stated that it is usually not the policy of the Planning Commission to act on an item the same night as the hearing, but hearing no public comments, Chair Churchill asked for a motion. MOTION: Commissioner Blundetto moved, seconded by Commissioner Burke, to recommend approval of the proposed 2009-2013 Capital Improvements Program to the City Council. The motion passed 6-0. B-1. Policy Consideraflons in the I-1 (Limited Industrial) District. Community Development Director Bruce Nordquist introduced the item to the Planning Commission to flag this item as a policy issue for consideration. -The purpose for his memo was strictly informational. B-2. Savvy Sister Interim Use Permit -Consider approval of an interim use permit to allow for a retail use (women's clothing store) in the "I-1" (Limited Industrial) zoning district. Associate City Planner Margaret Dykes stated that the City has received an application for an Interim Use Permit (NP) to allow anover-the-counter retail use in a multi-tenant building in the Limited Industrial zoning district. The applicant is JAM Business Properties, owner of 5920-148' Street West, which is on-the southeast corner of Johnny Cake Ridge Road and 148` Street West. The subject site is guided "IND" (Industrial) in the City's Comprehensive Guide Plan. The Comprehensive Plan states that limited amounts of retail (up to 10% of the gross floor area) could be located in the Industrial zoning district, but only when associated with permitted industrial uses. The property is zoned "I-1" (Limited Industrial). This zoning district was established to allow for manufacturing, warehousing. and similar industrial uses having a minimum of nuisance characteristics. This district is located near collector or arterial roads to allow for ease of truck traffic. Also, they are isolated from housing areas, which reduces potential impacts to homeowners. Within the "I-1"district, retail uses are not listed as permitted, conditional, or accessory uses. However; there is some retail activity in several locafions in this zoning district. The retail uses. appear to be in conjunction with permitted uses, so though the zoning code doesn't state that retail uses are expressly allowed, the City has viewed this type of activity as ancillary and not in conflict with the purpose of the "I-1"zone. An Interim Use Permit (NP) may be issued for a temporary use of a property unfil a particular date, until the particular occurrence of a particular event or until zoning regulations no longer permit it. The Code states all of the following conditions must be met in order to issue the permit: 1. The use is to be temporary and consistent with the Comprehensive Plan and zoning code. 2. The date or event that will terminate the use can be identified with certainty. S:\planning\PLANCOMM\2009 agenda & minutes\011409m.doc 3. Permission of the use will not impose additional costs on the public if it is necessary for the public to take the property in the future. 4. The user agrees to any conditions that the Council deems appropriate for permission of the use. 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits, that is, does the proposed site have any unique characteristics that require special consideration to adequately accommodate the proposed use without adversely impacting surrounding uses. The applicant is requesting an IUP so that a women's consignment clothing store can locate in the multi-tenant building. The retailer would occupy approximately 2,600 sq. ft. of the approximately 16,000 sq: ft. Barton Building. This represents about 1/6 of the footprint of the building. The applicant would like the NP to allow the retail use to' be in the tenant space for a minimum of 5 years. The applicant has said that if the clothing store is successful, he would likely ask that the IiJP be extended. The property owner says a minimum of 5 years is needed to recoup the costs of building out the tenant space. A five year lease is standard in the industry. Currently; the building houses James Barton DesignBuild, which occupies about 4,000 sq, $.; All- Stars Montessori, which occupies about 5,300 sq. ft.; Swanke Financial, which occupies about 2,600 sq. ft.; and Discovery Chiropractic, which occupies about 1,300 sq. ft. ,The consignment store, to be called Sawy Sisters, would occupy the remaining 2,600 sq. ft. There are 64 parking spaces on the site available to all users; in addition, there are 16 spaces for storage of commercial vehicles. The current users require 56 parking spaces the consignment store would need 15 parking spaces. Though the site would need 71 spaces, staff is comfortable with the number of spaces provided, given that times of peak traffic will stagger among the users. Staff believes that the proposed consignment shop, not exceeding 2,600 sq. ft., will not adversely impact surrounding uses. Though the proposed consignment store would not necessarily conflict with the other uses in the Barton Building, staff is concerned about a larger principle; namely, whether allowing a retail use as a primary use in a tenant space of an industrial building erodes the purpose of the Limited Industrial zoning district, and whether this could have an adverse effect on the City's existing commercial districts where retail is the primary use; e.g. Downtown, Cobblestone Lake commercial, and other neighborhood areas. In 2006, the City commissioned an Industrial Land Use Study to determine the viability of the City's existing industrial areas. Over a 12 month period, the Planning Commission and the City Council reviewed the results of the study. Both the Commission and the Council determined that viable industrial districts were critical to growing the City's job base and that retaining the existing industrial districts is vital to the economic health of the community. It seems like a small issue for one 2,600 sq. ft. retail store to locate in an industrial building, and, in fact, the scale of the retail does not seem cause for concern because this small amount of retail in an industrial area is unlikely to erode the vitality of Downtown or Cobblestone Lake. However, this does set a precedent, and in the future it may be difficult to argue against other retailers wanting to move into industrial buildings. Industrial buildings generally have less expensive rent than properly zoned S:\planning\PLANCOMM\2009 agenda & minutes\011409m.doc retail buildings located in the City's core commercial areas, and this attracts retailers that cannot or will not pay the market rate for retail. Addifionally, there is vacant retail space available in the Downtown and Cobblestone Lake commercial areas where the consignment store could locate. Staff believes the requested NP leads to a broader discussion of the future of the Limited Industrial district. It may be that the City is comfortable with an amendment to the zoning code to allow for some porkion of a building to be retail that is not associated with a permitted industrial use. It may also be that the City creates a special "business incubator" permit that would allow specific uses to locate in areas not generally permitted in order to capture some of the benefits of the underlying zoning district. The subject request is one example of a retail use locating in an industrial district to take advantage ofa less expensive rent structure. Should the City choose this course, staff would advise that very specific parameters and benchmarks be in place to ensure that the uses do not conflict and that non-conforming uses do not become permanent. Dykes asked for questions or comments from the Planning Commission. Commissioner Blundetto asked for some examples of parameters that could be placed on approval, besides time restrictions. Dykes answered square footage restrictions of the business not comprising more than 1/6a' of the building or 10% of the gross floor area, the business needs to be proven to be a start-up, the business cannof be a franchise, it cannot be located someplace else, parking ratios, eta In regards to timeframe, parameters would need to be in place to induce the business to move out of the area and go into retail; whether that is a sales volume level that needs to be met, etc. The City would need to establish a benchmark, assuming that the City is not comfortable with the business becoming a permanent fixture in this industrial zone. Commissioner Melander stated that his background is commercial real estate and historical users are woodworking, carpet shops, machine shops, etc. One of the challenges these businesses face is that most dry up and go away. As Planning Commissioners; the Commissioners are not supposed to think about economics, but the health of the community. Commissioner Melander stated that this space sitting vacant isn't helping the City, although he doesn't want to see the industrial zoning here go away. In this particular building, he is not nervous about retail going in. One of the things retail needs is visibility and this location does not have good visibility for a retail user. This would strictly be a destination. It is an unfair advantage that an industrial rent structure would have over a traditional retail rent structure. Maybe, as Commissioners, we will have to rethink some of the potential uses for industrial zoning. Chair Churchill stated that it wasn't that long ago that the City voiced opinion that this area has to remain industrial. Of course this was before the economy turned and development ground to a halt. She said that she is somewhat familiar with this type of clothing outlet. Traditionally, a person would not find them in expensive retail, unless they have become well established with a reputation in a community. The City has not had such a service in Apple Valley. She stated that there-.was a similar type of use; a salesman sample clothing outlet in Eagan, located in a warehouse It was in the middle of a warehouse district, advertised by word of mouth and newspaper advertising. The store had steady traffic because they sold good clothing at a good value. She said that she feels there is a use for a retail outlet of this nature. She also thinks in this economic time, it especially has a strong attraction and is probably something the City should be encouraging. Although she S:\planning\PLANCOMM\2009 agenda & minutes\011409mdoc does wrestle with the whole issue of whether the City should stand firmly on the zoning or whether this is the time to be flexible. She is leaning towards flexibility as long as staff can craft limited use language and a permit. Commissioner Blundetto said he agrees with Chair Churchill, although he does not want to put economic penalties on a business for succeeding. He is okay with the five years the applicant has requested. He stated he wants it contained to this use and to this time period. He is okay with the request. Chair Churchill stated that sometimes these stores work better when they're not in a big retail district. She stated that perhaps the City put a requirement for renewal at a specified time period before expiration of the permit. Commissioner Alwin asked Dykes if there has been any analysis made on the success of this particular store being at the expense of a retailer in a traditional setting. Dykes replied no. Commissioner Alwin said he would like to see this permit restricted to a single location so this doesn't become a flagship store or a headquarters of a mulfi-location business. Commissioner Diekmann stated he does not agree with this. He doesn't see how language can be crafted to say this particular kind of consignment is different than any other retail. Apple Valley has plenty of capacity for this type of use throughout the City. He also doesn't agree opening this up for interim use. He doesn't know what the City is going to do after five years, if the business is successful and still there. He doesn't see how the City will deal with it in five years. He stated that it doesn't sit well with him. Chair Churchill asked to hear from the petitioner. James Madsen, owner of JAM Business Properties introduced himself to the Planning Commission. He stated he was before the Commission in late 2006 with plans for this particular piece of property. The property had sat vacant for several years. The property could only accommodate a small, odd shaped building because of setbacks, water run-off capacities, room for emergency vehicles, parking accommodations, etc. His company is an office and showroom; it does not manufacture or warehouse any building materials. The building won't work for warehousing or loading docks. At the time, the City was reluctant to change the zoning of the property. Mr. Madsen stated that this is not a prime industrial lot so he had to be flexible as the building developed and while trying to fill the building. He has been unable to fill the remaining open spots with industrial, although an opportunity presented itself, with his wife considering opening Savvy Sisters. He's looking to retain the building in a decreasing market and higher taxes. This would benefit his family and ofF set his overhead. He wouldn't solicit outside retail; it would be owned by his family. It will bring head of household jobs to Apple Valley. Mr. Madsen's wife has found this type of business in Eagan, a couple in Edina, one in St. Louis Park and one in Minnetonka. He stated that each one of them is in more of an industrial type of setting. It's a point of destination, not adrive-by location. The building allows for warehousing S:\planning\PLANCOMM\2009 agenda & minutes\011409mdoc and/or showroom. Sawy Sisters will not be out soliciting and buying wholesale and turning around selling retail. They will be taking someone else's product, warehousing it and opening a showroom for people to come in and view the product. The transition is that they are collecting a fee for a product that they don't own and getting paid a commission. Basically, they're a distributor. It is not traditional retail and most of these businesses don't work in regular retail because it does not have high gross profit margins and therefore net profits to succeed in a traditional retail setting. Mr. Madsen stated that he owns the building and will do the build-out for $65,000. Savvy Sisters will occupy the space and in return help off-set the overhead of the building costs. He sees the business as providing a service instead of a traditional retail store. This is a special situation and this is not an open door to start retail. This application is detailed, approved for one business and set up for a term. He wants to see this business succeed and doesn't think that will happen if it's forced into an area to compete at $23-$24 per sq. ft. on lease space. He stated that he is okay with restrictions. He doesn't believe parking will be an issue because the businesses that are currently occupying the space are not open in the evenings or on the weekends. This business will have after- hours business women coming in to view clothing, It won't be ahigh-volume walk-through area. Mr. Madsen also stated that it will be a good. way to bring head of household jobs to Apple Valley and will help secure his building so it is not sitting. empty. He's fortunate that this business will fill the building. Also, once Sawy Sisters is open, the building will be the only one in Apple Valley that is 100% chamber members. The tenants are good tenants and also committed to the business world acfivity of Apple Valley. He stated that when he originally built the building, he spent a lot of time and money to make it more attractive to allow for more office-type businesses because he knew it wasn't going to be attractive to industrial use because of the limited space of getting trucks in there. He is trying to use the building to the best of its ability and understand that the City does not want to change the zoning, but also realizes that if he doesn't get tenants in there, he will eventually lose the building and it will sit empty, benefiting no one. Mr. Madsen asked for questions and or comments from the Planning Commission Commissioner Diekmann asked Mr. Madsen how many head of household jobs does he anticipate this business creating. Mr. Madsen said that the business is expecting to provide four head of household jobs in the first year. Commissioner Diekmann told Mr. Madsen that the business he described doesn't sound like an interim use; it sounded like along-term plan. He asked Mr. Madsen if it's an interim use and a five year restricfion on this incubator business that can't succeed in a normal retail environment then what would happen after the five year time frame. Mr. Madsen said that the business would need to come back before the City to ask for an extension prior to the end of the interim use permit. He hopes that if the business is successful and it hasn't caused issues in the City and it's in the City's best interest to grant them an extension or to allow them to stay there, that would be great but the City does have the choice at the end of five years to extend or dismiss the permit. S:\planning\PL,ANCOMM\2009 agenda & minutes\011409m.doc Commissioner Blundetto asked Mr. Madsen if he understood that the business may not have a choice to stay there. Mr. Madsen replied that he understands that. If the extension is denied after five years, then the business has to honor that. Commissioner Diekmann said it's not in the City's best interest to allow this. Mr. Madsen said that he built his building so that he could keep his business in the same city that he lived and to keep the money in the City of Apple Valley. Commissioner Diekmann stated that Mr. Madsen is a great corporate citizen of Apple Valley, but he just can't agree with this use. Commissioner Blundetto said that based on the investment that Mr. Madsen has and the history of his business, he will back his request, in light of the economy. He told Mr. Madsen that the City will put standards on this and he will have to follow them. Mr. Madsen said he understands that. Commissioner Melander commented that he is leaning towards an interim use with restrictions than to change the zoning. Commissioner Diekmann said there are a lot of people that own property in Apple Valley that is sitting vacant right now that are also part of the community. The City has a lot of retail space sitting. vacant. It sets a precedent that he's not comfortable with. City Attorney Sharon Hills commented that it is a policy decision whether the City wants retail use in the industrial zone, although there are concerns about setting a precedent. The proposed use,. as we interpret the code, is retail. It's not distribution or warehousing..The Commission needs to consider that if this retail goes in; how will the City say no to any other retail use. Also, consider the tax ramifications of a retail use in an industrial zone as opposed to being in retail because right now that property is being taxed as industrial, not retail. The City will lose that tax base. Mr. Madsen stated that he was under the impression that his building and only one other had the same zoning in the entire City of Apple Valley. Dykes said that is not correct, although the bulk of it is located at this site. Dykes added that is another issue to consider on whether the City wants to start removing industrial areas when the City doesn't have a lot to begin with. Commissioner Blundetto stated that the City could have a whole lot more in the future. Dykes replied that conceivably the City may. It does pose the question that if this Mr. Madsen cannot fi112,600 sq. ft., how can we ask the other property owner to fill such a large space. Chair Churchill said that when the proposal for this building first came through, this lot was not buildable in a lot of ways. The City could sfill be sitting there with an empty lot. She said she. S:\planning\PLANCOMM\2009 agenda & minutes\011409m.doc j ~ doesn't think that the Commission can act on this proposal this evening. Perhaps staff could construct a proposal of guidelines or limitations the City could put on a limited use permit. Hills said if there is a use by permit in the I-1 district, the City will have to allow uniform application throughout the district. Dykes asked Hills if the City would be amending the zoning to allow for this as an interim use or just conditions that would be set on this particular permit, for this particular use, for a limited period of time, on this site. Hills stated that the City would be writing the permit for this use on this site, however, it is a uniform application regardless of the site. Chair Churchill clarified that she did not mean that the City would not give other property owners the same opportunity within this district. She said this particular property has some unique characteristics that she thinks the Commission should consider at this time. Commissioner Blundetto asked Hills if the City could give any consideration to hardship; considering the City approved a unique situation on this spot that would allow the City to treat it in a unique way. Hills replied that the City did not create anything on this site; the property owner created what is on that site with knowledge of what the zoning district and permitted uses were. Commissioner Blundetto feels that a hardship exists here on this particular property. Hills explained that hardships apply to variances. Generally, the City is not going to give a variance on a use, the City gives it on performance standards or requirements of that use -setbacks, building coverage, etc., but not the use itself. It comes down to a policy decision on whether the City wants to allow a retail use in an industrial zone. Commissioner Alwin asked Hills if giving the same consideration to another landlord, would that be for any retail use or just consignment retail use. Hi11s replied that consignment is retail. So retail is retail. Commissioner Alwin commented that in this economic climate he doesn't believe that there will be a lot of requests similar to this one. If there were another tenant proposal, they would still need a willing landlord that is able to make the improvements to the property and the tenant needs to have some level of viability on their business plan. Commissioner Diekmann stated that this is a lower rent district, therefore in economic hard times, a retail business as astart-up, this would be the best place for a person to do that. Chair Churchill asked Dykes to prepare a draft limited use interim use permit for the Planning Commission's consideration at the next meeting. Also, include any other information to help in their deliberations. S:\planning\PI.ANCOMM\2009 agenda & minutes\011409m.doc 11 Commissioner Blundetto asked the applicant to prepare the value of the use and what it can bring. Chair Churchill thanked the applicant for his creativity. It is particularly good if the City can create uses that bring economic regeneration into the community. Mr. Madsen asked if bringing in supportive letters from the other tenants in the building would be beneficial. Chair Churchill stated that is always helpful. Mr. Madsen said he appreciated the Planning Commission's consideration. Chair Churchill, hearing no further comments, closed the' public hearing with the standard comments. 6. LAND USE/ACTION ITEMS --NONE-- 7. OTHER BUSINESS A. Review of the upcoming Schedule and other Updates Community Development Director Bruce Nordquist stated that the draft Comprehensive Plan can still be accessed via the City's website at www.ci.ap~le-valley~mn.us. Comments and feedback are welcomed. 8. ADJOURNMENT Hearing no further comments from the Planning. Staff or Planning Commission, Chair Churchill asked for a motion to adjourn. MOTION: Commissioner Melander moved, seconded by Commissioner Blundetto, to adjoum the meeting at 8:14 p.m. The motion carried 6-0. S:\planning\PI.ANCOMM\2009 agenda & minutes\011409m.doc t2