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HomeMy WebLinkAbout05/20/2009CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 20, 2009 1. 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, Ken Alwin, Keith Diekmann, Tom Melander and Frank Blundetto Members Absent: Tim Burke and David Schindler Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Associate City Planner Kathy Bodmer, City Attorney Sharon Hills, Assistant City Engineer David Bennett and Department Assistant Barbara Wolff 2. APPROVAL OF AGENDA Chair Churchill asked if there were any changes to the agenda. Community Development Director Bruce Nordquist stated that there were various handouts to supplement the packet and each is labeled with the corresponding agenda number. Chair Churchill called for approval of the agenda. MOTION: Commissioner Melander moved, seconded by Commissioner Diekmann; to approve the agenda. The motion carried 5-0. 3. APPROVAL OF MINUTES OF MAY 6, 2009 Chair Churchill asked if there were any changes to the minutes. There being none, she called for approval of the minutes. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, to recommend approval of the minutes of the May 6, 2009, meeting. The motion carved 3-0. Commissioners Blundetto and Melander abstained from the vote. 4. CONSENT ITEM A. White Castle Restaurant - Consider a conditional use permit to allow a Class II restaurant with adrive-up window and site plan building permit authorizafion to allow for the construction of a 2,584 sq. ft. restaurant on an existing .79 acre lot. S:\planning\PL,ANCOIvIM\2009 agenda & minutes\052009m.doc City Planner Tom Lovelace stated that the petitioner is requesting approval of a conditional use permit (CUP) to allow for a Class II restaurant with adrive-thru window and site plan building permit authorization to allow for construction of a 2,584 sq. ft. building on a .79-acre lot. The property is located at 15101 Cedar Avenue and is currently the site of an unoccupied 3,525 sq. ft. building. At the May 6a` meeting, the applicant indicated that they would make the necessary revisions to their proposed project to bring it into conformance with City requirements. The following is a recap of the summary of issues that were identified during the initial review of the applicant's submitted plans. The site plan indicates a 15-foot wide landscaped yard between the Cedar Avenue right-of--way and parking lot curb line. The site plan should be modified to include the 20-foot landscaped area abutting Cedar Avenue. The site is serviced by a private sanitary sewer line that has had a history of sewer backups, which has required city crews to be dispatched to clear the backup. The Utilities Department is recommending that the petitioner provide the City with a letter of understanding between the private line users that would include a quarterly maintenance program and service agreement. The Assistant City Engineer has reviewed the grading and utility plans and has. several issues. Revisions should be made to the grading and utility plans and information related to the "Stormtech" storm water infiltration system -and shall be submitted prior to City Council consideration. Staffhas concerns with the lack of variety of species, foundation plantings, and the petitioner's ability to meet the City's minimum landscaping requirement. Staffwill continue to work with the petitioner on developing a plan that meets or exceeds the minimum standards and requirements. The petitioner has identified the proposed signage for the site, which will include two building signs, a pylon sign and a menu board. It appears that the proposed signage meet the requirements set forth in the City's sign ordinance for the proposed type of use. Approval of the site plan building permit authorization request does not constitute. sign approval. The City will require that the petitioner submit a separate sign application that will need to be approved by staff prior to erecting any signs: Chair Churchill asked for comments from the Commission. Hearing none she asked for a motion. MOTION: Commissioner Diekmann moved, seconded by Commissioner Blundetto, to recommend approval of a condifional use permit to allow for a Class II restaurant for White Castle with adrive- thruwindow at 15101 Cedar Avenue subject to the following: • The conditional use permit shall apply to property legally described as Lot 2, Block 1, APPLE VALLEY SQUARE 3RD ADDITION. • . Such operation shall be conducted in conformance with the approved site plan, on file, at the City offices. The motion carried 5-0. S:\planning\PLANCOMM\2009 agenda & minutes\052009m.doc MOTION: Commissioner Diekmann moved, seconded by Commissioner Blundetto, to recommend approval of the site plan building permit authorization to allow for construction of a 2,584 sq. ft. Class II restaurant with adrive-thru window; subject to the following: • A 20-foot wide landscaped area shall be established on the property directly abutting Cedar Avenue. • A maintenance and service agreement for the private sanitary sewer line serving the subject lot and the mulfi-tenant building on Lot 2, Block 1, APPLE VALLEY SQUARE 5~ ADDITION shall be executed to the satisfaction of the City prior to issuance of a building permit. • Building permit issuance shall be subject to final review and approval by the City Engineer of the grading and utility plans. • Two stop signs, one on each side of the exit, shall be installed. • Revisions to the landscape plan shad be made that incorporate staff s recommendations for additional landscaping and foundation plantings as indicated in the staff report.. • A detailed landscape plan and planting price list shall be required for verification of the City's 2 ''/z% landscaping requirement prior to issuance of a building permit. The motion carved 5-0. 5. PUBLIC HEARING A. Marx All-in-One Zoning Amendment and C.U.P. - Consider a zoning amendment to allow used car sales in conjunction with a major auto facility in the I-1 (Limited Industrial) zoning district and a condiflonal use permit to allow outdoor storage of damaged vehicles. Associate City Planner Kathy Bodmer stated that the petitioner Mark Malay, owner of Marx All-in- One automobile repair business, wishes to repair vehicles and then sell them in the former Vinge Tile building at 6915 - 146a` Street, east of the intersection of Galaxie Avenue and 146a` Street. In order to do that, he is requesting the following actions: • Amend I-1 (Limited Industrial) zoning. district to allow sales of used automobiles in conjunction with a major auto repair facility. • Condifional Use Permit (CUP) for outdoor storage of damaged vehicles. The property is zoned "I-1" (Limited Industrial), which allows major auto repair facilities; outdoor storage of vehicles is allowed as a conditional use. The sale of used cars in connection with an automobile repair facility is not currently listed as a permitted or condifional use in the zoning district. The petitioner wishes to store damaged vehicles outside that are awaiting repair. A screening fence is shown to be located around the approximately northern half of the site. The western portion of the fence will need to be relocated so that it is only on the subject property. More specific information is needed on the height and materials of the fence and the design of the gates. A maintenance-free fully opaque fence will be required. A minimum of 17 parking spaces would be required for the auto repair business; 11 parking spaces are currently shown outside of the screening fence. S:\plauning\PLANCOMM\2009 agenda & minutes\052009m.doc The City may place reasonable conditions on a conditional use permit request in order to mitigate impacts that maybe generated by the use. In this case, the City may want to consider the following conditions: 1. The outdoor storage area is only for the outdoor storage of fully mantled vehicles. No dismantled vehicles or automobile parts maybe stored outside. 2. .The outdoor storage area shall' be kept in a neat and orderly manner. 3. The number of vehicles stored outside shall be limited to the number of spaces shown on the approved site plan. Of those, no more than five vehicles may be vehicles that are available for sale. 4. Vehicles in the outdoor storage area may not be stored longer than 45 days. The petitioner shall maintain records which provide an identification of all vehicles in the storage area and the day the vehicle was obtained. Such records shall be available for inspection by a Code Enforcement Officer, a Police Officer or a City Planner. Bodmer asked for questions or comments from the Planning Commission. Commissioner Diekmann asked if this request is similar and consistent to Dick's Valley Service conditional use permit, which is down the street. Bodmer replied yes. She also mentioned that the fencing on Dick's property is fully opaque and maintenance free and there would be a similar requirement of the conditional use permit for this request Chair Churchill hearing no further questions from the Commission, asked the petitioner to step forward to make comments. Doug Vinge, owner of the property, asked that the Commission take a look at other properties in the City and compare them to this request. He believes they are in compliance with what they are proposing to do. Chair Churchill asked Mr. Vinge if he had any concerns to the requirements that would be placed on the property. Mr: Vinge said he didn't catch what the limitations would be. Chair Churchill replied that there would be a limit for outdoor storage of vehicles; no more than five vehicles that are for sale and all vehicles must be intact. Mr. Vinge replied that Mr. Malay currently is only renting 2,000 sq. ft. and will increase up to 5,500 sq. ft. so that he can store vehicles inside. Mark Malay, renter of space owned by Mr. Vinge, said that he buys damaged vehicles that will need repair. They then repair the vehicles and sell them afterwards. Mr. Vinge said it is no different than what other companies throughout the City are doing. He said that damaged vehicles are stored outside at these facilities and they are asking for the same courtesy. He does not have a name for the product of the fencing because he didn't know what the Commission would require of him. S:\planning\PI.ANCOMM\2009 agenda & minutes\052009m.doc Commissioner Blundetto asked Mr. Malay if he understands the requirements that are being discussed. Mr. Malay replied yes. Commissioner Diekmann clarified that there will be damaged vehicles, although fully mantled, being stored outside. Bodmer replied yes. Commissioner Alwin asked the petitioner if he envisions additional signage to advertise these vehicles for sale: Mr. Malay said there will be no advertising and there will be no changes to the current signage on the property. He advertises through the intemet. Bodmer stated that the wording of the zoning amendment can state that there is no obvious outdoor promotion of vehicles for sale if it is in conjunction with a repair facility. Chair Churchill asked for comments from the public. Hearing none, she closed the public hearing. B. Apple Valley Hockey Association Zoning Amendment - Consider a zoning amendment to "PD-254"(Planned Development) to allow an athletic training facility. Associate City Planner Kathy Bodmer stated that the petitioner, the Apple Valley Hockey Association, is requesting an amendment to PD-254 to allow an athletic training facility. Currently, an athletic training facility is not listed as a permitted or conditional use in the zoning district. Planned. Development Zoning District No. 254 (PD-254) is located south of County Road 42 and north of the Legacy North development between Galaxie Avenue and Foliage Avenue. The purpose statement for the PD states that "the purpose of this. zone is to provide for an integrated mix of heavy commercial, light industrial and general office uses." The Apple Valley Hockey Association requests the ordinance amendment so that it can operate an off-ice training facility in the Abby Decorating building, 6808 -151 ~ Steeet. .Currently the PD district does not allow athletic training facilities or commercial recreation facilities. The zoning districts upon which the PD was modeled include "GB" (General Business), "LB" (Limited Business), and "I-1" (Limited Industrial). The GB zoning district allows the "heavy commercial" uses cited in PD-254's purpose statement. The GB zoning district allows commercial recreational facilifies as a permitted use, but the PD does not. The concern with commercial recreational facilities is that they can require a significant amount of parking. Because all of the activities associated with the use would be conducted indoors, other off- site impacts are not anticipated. S:\planning\PLANCOMM\2009 agenda & minutes\052009mdoc Bodmer asked for quesfions or comments from the Planning Commission. Chair Churchill hearing no comments or questions from the Commission asked the applicant to approach the Commission. Tim Everson, President of the Apple Valley Youth Hockey Association, said that they aze trying to set up an off ice training facility for their participants. They have about 230 families from Apple Valley with about 399 boys and girls that play for their association. Ages range from kindergarten through seniors in high school. The facility is perfect for. what they're trying to do and it would be used to help the kids develop their hockey abilities, athletic abilities and also their abilities as young people. Mr. Everson stated the intended use would be for teams to practice at the facility once a week. The teams consist of 12-15 kids with 2-3 coaches. Typically parents drop their kids off and then go home, or run errands, or stay and watch. The association has the funds to provide for the facility without going to the bank. User fees will be used to pay for the facility so that they're not going borrowing any money. They're not in this to make a profit. They will not solicit businesses or athletic groups from neighboring communifies. It is strictly for the Apple Valley Youth Hockey Association and the boys and girls varsity programs at the high school. It is their intent to keep it as an Apple Valley entity. Chair Churchill stated that it sounds like a well thought out plan. Commissioner Alwin stated that parking may be a little tight. He asked if there would be an entrance at the rear of the building. Mr. Everson stated that they've considered using the back as a main entrance, especially for the staff that operates the facility. There will be a card reader to enter the building, which would be limited to the coaching staff. It is a 90 minute'practice and the facility would not be set up with lounges or televisions. Most parents don't sfick around. Typically kids will be dropped. off and picked up. Most hours will be in the evening and on the weekends. There is ample parking in the back if needed. Commissioner Melander stated that he liked the idea, especially considering it's only for Apple Valley. He stated with the club sponsoring it, it gives it less of a retail feel and more of a school or training facility, which those sorts of uses are in a lot of different zoning districts within the City. Mr. Everson said there are a lot of for-profit entities. The nice thing about their facility is that kids can afford to develop at their own pace and at their own leisure. There isn't the pressure or the high buck to the parents. It won't cost anyone extra money within their system. Chair Churchill opened the hearing for publiccomment. Hearing none, she asked Bodmer for any further comments. Bodmer replied that the City received an email from Jerry Hayes with strong support for the zoning amendment. S:\planning\PLANCOMM\2009 agenda & minutes\052009m.doc Chair Churchill closed the public hearing. C. Fischer Sand and Aggregate Rezoning -Consider rezoning of the property from "SG" (Sand and Gravel) to low and medium density residenfial. Chair Churchill opened the public hearing and stated that the City has a request from the petitioner to table this item. City Planner Tom Lovelace replied yes. Lovelace also noted that the numbers were inverted on the public hearing notice that was sent out and advertised. The notice called out for the west 44 acres for low density residential and the 77 acres for medium density residential zoning classifications. The citizen's notice had the correct numbers and correct designation requests. The applicant is requesting that the zoning be consistent with the Comp Plan designation and the 77 acres would be for low density residential and the 44 acres would be for medium density residential. Lovelace stated that the City received a letter today from the attorney representing Palm Realty requesting that this item be tabled for tonight's meeting. Staff is requesting that the Commission call a mofion to continue the public hearing until the next meeting. MOTION: Commissioner Melander moved, seconded by Commissioner Diekmann, to approve tabling the item until the next meeting of June 3, 2009. The motion carried 5-0. D. 2030 Comprehensive Plan Update -Consider request for approval of the Apple Valley 2030 Comprehensive Plan. Community Development Director Bruce Nordquist stated that the 2030 Comprehensive Plan is really about introducing new strategies: • A vision statement. • -Data on where we are and forecast of where we're going. • Active living concepts are introduced - envisioning a livable city for a lifetime. • The Cedar Corridor Improvements and Transit Oriented Development are introduced.. __ • Economic Development priorities emphasize job creaton and retention. • The Land Use section sustains neighborhoods and designates a new "mixed business campus" area for job creation. Nordquist commented that the Planning Commission has been firm in describing the "mixed business campus" area as: • Office, office with light industrial, manufacturing, offices with biomedical manufacturing, health care facilities, clinics, out pafient surgery services, health training institutions, general office, corporate office, light industry, industrial uses that do not generate noise, odors and vibrations. • Retail and service uses need to be incidental. • Warehousing underutilizes the location. Nordquist continued with discussion of the South Central Planning Area and the supportive demographical data for present day to 2030 for the Mixed Business Campus. S:~plauning\PLANCOMM~2009 agenda & minutes\052009mdoc Brad Schieb, consultant with Hoisington Koegler Group, Inc., demonstrated his modeling process, used to better define the Mixed Business Campus designation. Commissioner Melander asked how the Heart of the, City in Burnsville is doing. Mr. Scheib replied that he doesn't know, he only mentioned it for giving an example of housing density. He stated that retail has straggled on the street level, but doesn't know about the housing aspect of the project. Nordquist stated that not only the retail on street level, but also the retail on the second level has struggled. Commissioner Melander stated that the City of Apple Valley needs to be wary that these numbers and projects are realistic. Nordquist stated that the distinction is that Apple Valley is trying to develop side-by-side, horizontal mixed-use, not a vertical mixed-use project. He also stated that staff was able to communicate this modeling process to Mr. Fischer and Fischer representatives. Over a series of meefings, their reactions were favorable. They've acknowledged that the City has made progress to build in more flexibility, which is their interest. It also demonstrates that the City can have housing and still create jobs. -Even with the housing aspect, 9,000 jobs can sfill be created with a higher intensity development that the City is advocating. He stated that Mr. Fischer is willing to be a collaborative partner. and help the City find the developers to make this vision possible, although Mr. Fischer would like the City to define flexibility more. Nordquist suggested, if the Planning Commission is comfortable, to direct staff to revisit the Comprehensive Plan in five years. The purpose is to ensure that there is a forum for this use. Nordquist reviewed the changes being made to the Land Use and Economic Development chapters in response to the letter received by Fischer representafives. Associate City Planner Kathy Bodmer reviewed the comments from other jurisdictions. The jurisdictions had six months to review the documents. All wmments are due back May 21, 2009. The following are what the City has received thus far: 1. Fischer Entities -Issues concerning the South Central Planning Area and "MBC" {Mixed Business Campus) designation. Response -Community Development Director Bruce Nordquist reviewed. 2. City Staff- Identification of Bus Rapid Transit (BRT) stops at 140x' and 147a` Streets. Response - As the City Council has reviewed the BRT plans, they've raised concerns about these stops being viable. The county plans show them but they're not set up to be park and rides; .they are walk-up station stops. Staff raised the question whether these should be shown on the plans since the-City Council has not yet identified that the City is in favor of them. They are identified on the plans as, "shown on the Dakota County plans ". 3. City ofRosemount -Designate portion of Evermoor in Apple Valley as Minor Collector. Response - Rosemount's Comp Plan does call out this portion of Evermoor in Apple Valley S:\planning\PLANCOMM\2009 agenda & minutes\052009m.doc as a collector roadway. -The Metropolitan Council requires that collectors terminate between collector roadways or arterials, which does not happen in Rosemount nor Apple Valley. Staff is working with Public Works to see if the City is supportive of that. If we are and the Met Council is supportive, staff can make that simple change. 4. Resident Brad Blackett -Preserving natural resources in the City. Response - Staff is working with Natural Resources, which are very much committed to preserving natural resources in the City. S. Aggreco/McNamara Contracting -Concern about designation of McNamara property as "LD" (Low Density Residential). Response -The location is located south of the City's Central Maintenance Facility. The concern is the "LD"(Low Density, 0-6 units/acre) zoning district designation because of easement encumbrances on the property. They're asking for more flexibility. The proposed Zow density designation allows a detached single- family home up to almost a medium density townhome. Staffs view is that this is most compatible with the adjacent neighborhood and thatFootbrdige Way will be connecting over to the extension of Flagstaff Avenue, so the neighborhoods will be connected. It is important that the uses are compatible. 6. City ofLakeville -Would like map to show Fairgreen Avenue in Lakeville at the southern extension of Johnny Cake Ridge Road. Response -All of the transportation maps do show that connection. The land use map does not show the extension for this road. Aline can be extended to show that the City intends to line up with our neighbor's roadway. pity of Lakeville -Technical questions concerning calculation of water use in Apple Valley. Response - We are waiting for comments from the City s Public Works Department. Both communities are committed to preserving water. 8. City ofBurnsville -Requesting joint effort in floodplain management. Response -The concern is Alimagnet Lake and other lakes on the City's western border. The City has been working with FEMA. Staff is working with Natural Resources staff to get a response back to the City of Burnsville. 9. City ofBurnsville - Request to work with the City of Apple Valley and Dakota County to complete inter-connecting trails on County Road 42. Response -Our trail maps show the existing trails and sidewalks along County Road 42 and there are missing links because the land is not fully developed. The City's planned extensions map does not fully line up so it's a matter of filling those gaps and communicating that to the City of Burnsville. Bodmer explained that the changes will be incorporated into the final draft copy going to the City Council on May 28, 2009, for approval. Copies will also be forwarded to the Planning Commission. The final draft will be delivered to the Metropolitan Council on May 29, 2009. Chair Churchill asked if there were any more comments or questions from the Planning Commission. Commissioner Diekmann asked Nordquist if he is proposing Scenario 3, from the modeling process, for what the City would choose. S:\plaoning\PLANCOMM\2009 agenda & minutes\052009mdoc Nordquist answered that the focus was on demonstrating that there are different ways to create jobs with higher density development. The conversation on scenarios will come into play when the City looks at the zoning and trying to define the performance requirements for the Mixed Business Campus area. It is a requirement for this to occur within nine months of the completion of the Comprehensive Plan Update. Commissioner Diekmann's concern is that by adding the modeling process into the Comp Plan, and not addressing the FAR's more clearly, the City could have a significant degradafion in the number of jobs created. He understood that a 0.5 FAR (e.g. Wings Financial), which is a very dense area, would not go in the South Central Planned Area. Commissioner Diekmann asked if that was the case or is the City anticipating that this will be exactly the type of use we're looking for. Nordquist replied that Wings Financial has about 145,000 sq. ft., so when you're looking at the different proposed uses, that is very small acreage. A lot of uses could fill that same space. He stated that staff will revisit this when it comes to creating the zoning performance requirements that will define the percentage of uses, the FAR ratio, etc: There will be an interest in creating a live/work environment and framing and buffering between the office and industrial uses from the adjacent residential areas. Commissioner Diekmann said that while discussing the Comp Plan, 153` Street was used as the buffer: He asked if there is a redrawn map showing where the housing might be. Nordquist replied that the narrative speaks specifically to having the residential occur along 153~d and 155a' Streets. He said that without a master plan for the site, either for industrial or residential, it would be very difficult to say where it would be. Commissioner Melander stated that he agrees with Commissioner Diekmann. He thinks it is an excellent point about losing jobs in favor of residential, which would take the City farther away from our goal. He also asked for Mr. Scheib's qualifications and backgrounds for the model.' Mr. Scheib responded that he has had 15 years experience as a City Planner in municipalities and also as a consultant with Hoisington Koegler Group, Inc. The data is based on actual built products. Part of the model is to make sure that the assumptions we're making are real and that we know what it takes to do those development projects. The numbers are based on real examples and built on several years of monitoring patterns in the Twin Cities so they are very defendable assumptions. Commissioner Melander said his concern is that the City's new Downtown hasn't progressed as the Commission had hoped. Mr. Scheib said that the high level of planning the Commission is doing now with the Comp Plan is the best guess to guide the long-term development. and that's why flexibility is needed. The City wants to make sure that when a project comes in, there aren't all sorts of barriers set up, where the developer has to come back for Comp Plan amendments if it's going to be a little different. One of the things that the Mixed Business Campus designation does require is that when you bring in your first project, it will be in the context of a master plan. So the first project may come in at a lower FAR,. but the next project may come in at a much higher FAR. The developer has to present a master plan so that there are some assurances that there is a good basis set for the first project so S:\planning\PLANCOMM\2009 agenda & minutes\052009m.doc 10 that the City knows that it is highly likely that the other projects will come in at the higher density. It is a realistic tool based on realistic patterns that are in the metro area. Commissioner Diekmann asked, based on Mr. Scheib's expertise, is an FAR of .5 more likely or .3 more likely in a suburban community such as Apple Valley. Mr. Scheib said that five years ago 0.3 would have been common, but five years from now 0.5 is more likely. He explained that his reasoning for that is that land values are getting much higher and it's getting more expensive to build on land and that will continue to grow. Although the economy is in a slump right now, the economy won't stay there. As land value increases, it's more important for developers to maximize their investment. Also there is a big push to reduce carbon footprint, be more energy efficient and more sustainable. The sprawling development of one level and covering lots of land, is not a'sustainable pattern and developers are starting to learn that. In fact developers are starting to push more for a sustainable type of pattern and they will often cite government regulations as to why they can't do sprawling developments. Mr. Scheib said that Target is looking at new models as a retailer. They're always exploring innovafive approaches to how they can maximize usage of a site. He stated, in his expertise, that buildings will be built higher to maximize land value. Chair Churchill asked Lovelace if he has any projections as to when the gravel mining might be completed. Lovelace stated that Fischer Sand and Aggregate submitted a phasing plan a couple of years ago as part of their conditional use permit. That phasing plan stated that mining operations would be completed approximately 2015-2018, although that was under certain market conditions. Market conditions have changed so it could be longer. Chair Churchill asked if the five year review would happen between now and the next Comprehensive Plan Update. Nordquist replied yes. It is a checkpoint halfway between now and the next Comprehensive Plan review. He stated that conversations with Mr. Fischer indicate that if there were a user of significance who expressed interest in a portion of the area, they would move quickly to complete mining in that area. . Chair Churchill said it is a good idea to review in five years. In the current economic downturn, no one has anyidea what the circumstances will be in five years. She said trying to project to 2030, given what's happened in the last 18 months, is a delicate position to be in. Hearing no further comments from the Commission, Chair Churchill opened the hearing to the public for comment. Tony Gleekel, Siegel Brill Greupner Duffy and Foster P.A., representative for Fischer entities, stated that the idea of a directive in five years makes sense. They will be talking with staff and be involved as much as_they possibly can under the regulatory framework on the zoning part as this progresses. He stated that they can support with a caveat. He is concerned about the FAR because he doesn't see 0.5 in that area, but at the same time they will support that type of development if it S:\planning\PLANCOMM~2009 agenda & minutes\052009m.doc 11 comes. The plan does give more flexibility on both sides to see what happens on the more dense job creation side. There are some challenges still, but staff has gotten it as far as they can with the flexibility of adding language. He stated that he is still digesting the directive piece, but he thinks it's a grand idea and then they can see where they are in the mining process. He appreciates staff listening to their concerns and giving potential developers the expanded land uses. Mr. Gleekel stated for the record, in regards to the regulatory nine months for the zoning regulations (to be consistent with the guide plan), he wants to see this process accelerated, in the sense that all parties involved are not waiting until the deadline. He would like the regulations prepared as soon as possible and practical so there is input from everyone. He thanked the Commission and staff for their flexibility and appreciated the effort made by everyone. Chair Churchill asked Nordquist that if the Commission has a five year review directive from the City Council and if at that time it appears that the City's projections are significantly off, can the City make a request for an amendment to the Comprehensive Plan. She stated that she would like to see the City take the burden of making the changes. Nordquist replied yes. Chair Churchill asked if there was anyone else from the public that would like to address the Commission. Rusty Fifield, 13283 Ferris Avenue, speaking as a citizen of Apple Valley addressed the Commission. He thanked the Commission for their hard work and dedication on the Comprehensive Plan since August 2007. The Commission has done a very good job. He said he wanted to remind the Commission to not get lost in just. the zoning ordinance. There are a lot of good ideas in the 2030 Comprehensive Plan that don't get done simply because the Plan is adopted. They will require additional attention and he hopes that the Commission will continue to refer back to the document and use it. Also, pursuing some of the ideas that need to be nurtured, particularly the active living and housing chapters. ........... ... . Chair Churchill hearing no further comments closed the public hearing. She asked City staff to make the changes that have been discussed and presented this evening as well as requesting direction from the City Council for a five year Comprehensive Plan review. Also, if the Comp Plan needs amendments at that time, she would like to see the City commit to being the petitioner in that action. Chair Churchill called for a motion. MOTION: Commissioner Melander moved, seconded by Commissioner Blundetto, to recommend approval of the 2030 Comprehensive Pian update to move to the Metropolitan Council for review and approval. The motion carried 5-0. Chair Churchill thanked everyone during this long process. 6. LAND USE/ACTION ITEMS --NONE-- S:\planning\PLANCOMM~2009 agenda & minutes\052009m.doc ] 2 OTHER BUSINESS A. Review of the Upcoming Schedule and other Updates Community Development Director Bruce Nordquist stated that the Planning Commission will be holding an informal meeting on Wednesday, June 3, 2009, at 5:30 p.m. in the Regent Conference Room. This. informal meeting will be to discuss ideas learned at the recent American Planning Association (APA) Conference that was held in Minneapolis on Apri126-29, 2009. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Churchill asked for a motion to adjourn. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, to adjourn the meeting at 8:55 p.m. The motion carved 5-0. S:Aplanning~PLANCOMM~2009 agenda & minutesV052009m.doc 13