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CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
MAY 2, 2001
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair Karen Edgeton at 7:00 p.m.
Members Present: Kazen Edgeton, John Bergman, Jim Hadley, Jeannine Churchill, Tom Melandet, Tim Burke
Members Absent: None
Staff Present: Consulting Engineer Keith Gordon, City Attorney Sharon Hills, Assistant Planner Margaret Milton, Assistant
Planner Kathy Bodmer, Community Development Duector Rick Kelley
2. APPROVAL OF AGENDA
MOTION: Burke moved, seconded by Bergman, to approve the agenda. The motion carved 6-0.
3. APPROVAL OF APRII,18, 2001 MINUTES
MOTION: Burke moved, seconded by Churchill, to approve the minutes as submitted The motion carried 6-
0.
4. CONSENT ITEMS -None -
5. PUBLIC HEARINGS
A. Diamond Valley Estates Single Family Subdivision and Rezoning
Chair Edgeton reconvened the public hearing, which was continued-from the Apri118a' meeting.
Assistant Planher Mazgazet Milton introduced the proposal, noting that the petitoner is bringing forth the
same plan for consideration as was discussed at the last meeting. Milton reviewed the public hearing
comments and staffs responses to them. She displayed an Option B, requested for evaluafion by the
Commission, that showed 138a' Street going straight as opposed to the curved version on the Siewert property,
stating that staff supports Option A (the curved version) for a variety of reasons as indicated in the staff report.
Hadley asked if the tumazound had to be located at the end of the street, or if it could be designed in a place
that would result in saving more trees.
Edgeton clarified that the Bachs could not develop without negotiating with their neighbors to the north
regardless of whether this development occurs.
City Attorney Sharon Hills explained the differences between public right-of--way and private easements.
Peter Knaeble of Terra Engineering, representing the petitioner, said they concur with staff on the preference
of Opfion A, as well as staffs recommendation for setback variances to save more trees He also stated the
tumazound would be constructed in conformance with city standards.
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Churchill asked for an explanation of Bachs' access to sanitary sewer. Milton displayed possible connecfion
routes, using an overhead.
Bergman asked al7out any impacts by the requirement to change to the "teardrop" cul-de-sac design. Milton
said there would be no impacts.
Neal Krzyzaniak of Bridgeland Development, the petitioner, stated they are proposing an emergency
tumazound that avoids losing a lot for development. He said Bridgeland is negotiating with the Bachs to
develop their property. Krzyzaniak also noted that all four of the property owners are in agreement with
Option A.
Edgeton asked if there were any new comments from the public.
Mike Booth of 4704 137th Street requested an opportunity for neighbors on 137th Street to leave the land
undeveloped. Edgeton said that neighbors could purchase the property.
Rusty Mitchell of 4574 137th Street said he was told when he purchased his lot in The Oaks that these
(understood to be undeveloped portions to the south) would be 2 %:-5 acres minimum, and that the Tweeton
property would remain, and that is why he bought the property. He also said he was concerned about traffic.
There being no further comments, Chair Edgeton closed the public hearing at 7:43 p.m.
B. Comprehensive Plan Amendment, Rezoning and Preliminary Plat to Create 2 Single Family Lots
(Apple Ponds 6~' Addition)
Chair Edgeton opened the public hearing at 7:44 p.m. with the standard remarks.
Assistant Planner Mazgazet Milton described the project and the City's interest to assist Twin Cities Habitat for
Humanity.
Bergman asked if the homes proposed would be maintenance free and compatible with the neighborhood, and
whether the retaining wall would be keystone or boulder.
Hadley asked for clarification regazding the grading elevations. City Engineer Keith Gordon responded that
the high water mark is at 943 feet. The petitioner will be asked to raise the lower level to 946 feet, one foot -
higher than shown on the plan.
Ryan Karin, representing Twin Citios Habitat For Humanity (TCHFII) distributed to the Planning
Commissioners potential building elevations and floor plans for the project. Karin went on to describe the
TCHFH program, including eligibiiity up to 50% of median income, required home ownership seminars and
sweat equity. He stated their standard finish is maintenance-free vinyl siding and aluminum trim. The
estimated investment for the two lots, including volunteer and professional labor, materials, etc. is $280,000.
A similar home in Burnsville was appraised at $175,000.
Hadley asked if the materials were similar to the neighborhood, and Bergman asked about the composition of
the railings. Karin replied that they have used both stained cedar and Trex (maintenance-free plastic
wmposite) for milings.
Burke wanted to know the distance between the house and retaining wall, to which Milton replied about ten
feet. The retaining wall is 4 feet high.
Churchill inquired whether the property to the south is to be developed, whether there is any opportunity for
the City to improve it for a park or tot lot. She is concerned that children have space to play. Milton said it is
part of the pazcel the City owns.
Keith Vonnahme of 15981 Garrett Court said it seemed like there was a lot of low-income housing in that part
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of Apple Valley and wondered how those properties are selected. He also stated there aze no ranch style
homes in the current neighborhood.
Richard Asmus of 15987 Garrett Court asked what other properties were considered for the project. He went
on to say the lots aze not suitable, and that houses affect property values. He said he was concerned about the
10-foot back yard, safety and children.
Sophia Anaya of 15956 Garrett Court stated the traffic through Garrett Path is very heavy and high speed. A
child running across the street is a grave safety concern. She asked what type of landscaping comes with the
house and whether a fence is provided by TCHFH. Anaya said the pond is home for geese and other birds and
wondered if there would be any environmental impact. She also asked the last time the depth of the pond was
measured. Milton clarified that there would be no filling of the designated ponding area.
Bergman requested traffic counts on Garrett Path.
Jennifer Lee of 7219 157u' Street asked that further studies be done. She said real estate sales are in the
$200,000-range so $175,000-homes maybe a$etriment.
Rusty Fifiend of 13283 Ferris Avenue stated he does development and housing consulting. He came to
commend the City for fmding opportunities for affordable housing in Apple Valley. He encouraged the
continued support of these projects.
Hadley asked if ramblers are the only style of homes available. Karis said he is open to discussing all of the
neighbors' concems, and that TCHFH has other styles.
Alicia Schimke of 15935 Garrett Path stated the rambler style doesn't fit. She said she is upset to know
constrnction could be going on because they specifically bought an end lot in an existing neighborhood to
avoid that. She went on to say that she is concerned about property values, the small back yard and steep
slope.
Mark Petro of 15915 Garrett Path noted that the storm water pond was changed when the (Majestic Cove)
apartments were built. He also wondered why this location, why not a quad unit, whether the project would
have any effect on the high water mazk: He closed by saying it was not fair to have to endure construction in a
finished community.
Gary Caracofe of 15875 Garrett Path said he opposed building on this site, that it would require substantial
fill. He asked how it was determined that the land was not needed for the pond. Because there aze lots of .
children in the neighborhood, he expressed concems about construction and traffic into the neighborhood. He
suggested aiternative locations at 160a' & Cedar or the Galaxie & Garrett Drive area. He closed by saying if
the homes are built, Garrett Path should be closed off from traffic at 160' Street.
Jodi Koski of 15976 Garrett Court supported all the views of her neighbors. She expressed concern about
increased traffic, her altered view in relation to property value, and the proximity of the proposed driveways to
160a' Street.
Fdgeton asked that driveway locations be reviewed. Bergman requested school bus stops.
Joy Petro of 15915 Garrett Path said she lives on the pond and doesn't have a retaining wall. She questioned
why retaining walls, and why in an existing community instead of one under constmction.
Chad Harvey of 15885 Garrett Path asked if a construction schedule is set yet. He expressed concern with the
styles of the homes. He said the water table of the pond has been quite high the last two years.
Vonnahme said the site is not suitable for homes with those tiny back yards.
Asmus acknowledged that the site is zoned for apartments, but questioned whether an apartment could be buIlt
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there. Milton said there was a ponding easement on the site that has been vacated. The underlying zoning is
High Density-Residential.
Hadley asked for clarification as to the pond encroaching into the proposed lots. Milton confirmed that is time.
Churchill requested a larger aerial section that shows neighborhood ground elevations.
Community Development Director Rick Kelley explained the City's policy to provide parkland within one-
halfmile of residents. The City does not, however, create vest pocket parks because of the amount of time to
maintain them. The southern corner parcel provides access for City employees to maintain the pond.
Edgeton asked staff to define high density and compare to the low density being proposed.
Melander asked how long the pazcel has been zoned High Density. -
There being no additional comments from the public, Chair Edgeton closed the public hearing at 8:52 p.m.
6. LAND USE/ACTION ITEMS
A. Amendment to Planned Development No. 244 (signage, parking, setbacks) and Site Plan/Building
Permit Authorization for Target Greatland Expansion
Assistant Planner Kathy Bodmer described the request. She noted that staff and adjacent property owners
prefer to have two~entrances to the loading areas for the complex (Tazget, Best Buy, Party City).
Churchill asked for confirmation that the subject matter in the letter from the Wiebers' attorney was a private
matter between the property owners, and not a consideration for the Planning Commission. Bodmer confirmed
that to be tme.
MOTION: Burke moved, seconded by Melander, to recommend approval of the following four amendments
to Planned Development No. 244, Zone 1: (1) setback from 151st Street reduced to 20 feet; (2) the number of
required pazking spaces reduced to 831 parking spaces; (3) amount of signage increased to allow entrance
signs of no more than 55 square feet placed duectly over the entrance doors of stores over 100,000 square feet
in addition to one primary sign, and (4) amount of building coverage increased to 35%, all amendments
conditioned upon the following: (a) approval of vacafion of drainage & utility easement and execution of
relocation agreement; (b) evidence of ownership or easement of "triangle Ford property" shall be submitted
prior to release of the building permit; existing landscaping disturbed by the project shall be replaced; (d)
sidewalk shall be installed along south side of 151st Street as if abuts the property; (e) all requirements of
amended MPCA's Indirect Source Permit Requirements shall be met. Motion carried 6-0.
B. Two-Lot Subdivision Via Metes & Bounds Description at the Northeast corner of C.R #46 & Galaxie
Avenue by Pahl Farms
Assistant Planner Kathy Bodmer described the request for subdivision, noting that all previous concerns by
staff have been resolved.
MOTION: Melander moved, seconded by Churchill, to recommend approval of the Pahl subdivision by a
metes and bounds description with the following condition: the property owner shall convey easements for the
right-of--way of future Foliage Avenue. Motion carried 6-0.
7. OTHER BUSINESS -None -
8. ADJOURNMENT
MOTION: Churchill moved, seconded by Bergman, to adjourn the meeting. Motion tamed 6-0. The meeting
was adjourned at 9:09 p.m.
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