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CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
MAY 16, 2001
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair
Karen Edgeton at 7:01 p.m.
Members Present: Karen Edgeton, John Bergman, Jim Hadley, Jeannine Churchill, Tom
Melander, David Schindler
Members Absent: Tim Burke
Staff Present: Consulting Engineer Keith Gordon, City Attorney Sharon Hills, Assistant
Planner Margaret Milton, City Planner Tom Lovelace, Community Development Director
Rick Kelley
2. APPROVAL OF AGENDA
MOTION: Melander moved, seconded by Bergman, to approve the agenda.
The motion tamed 6-0.
New Planning Commissioner Dauid Schindler was introduced.
3. APPROVAL OF MAY 2, 2001 MINUTES
MOTION: Churchill moved, seconded by Hadley, to approve the minutes as
submitted. The motion carried 6-0.
4. CONSENT ITEMS -None -
5. PUBLIC HEARINGS
A. Amendment to Planned Development (PD) No. 646 Performance Standards
Chair Edgeton opened the public hearing with the standard remarks.
City Planner Tom Lovelace presented the request as outlined in the staff report: to reduce
the building setback in subzone 1 from 40 feet to 18 feet adjacent to Florence Trail.
Churchill asked when the PD was approved and who the petitioner was. Lovelace said that
the PD was approved in 1995 or 1996 and that Fischer Market Place LLP was and is the
developer.
Paul Bilotta, representing the petitioner, explained the development and leasing process,
stating that quality tenants generally require wider and more "square" spaces. He said the
developer would commit to limit paving along the affected side to create additional green
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space in that area where they would otherwise be permitted to install parking stalls and/or
access drives.
Churchill stated the idea of greenspace seems attractive compared to paving.
There were questions relating to a variance versus amendment to the PD, and its effect on
the other lots within the development. City Attomey Sharon Hills noted that because PD
zoning is site specific with individualized performance standards, variances are not
appropriate and the PD must be amended if a lesser setback is to be approved.
Edgeton asked about the ability to require architectural enhancements. Lovelace will
investigate that for the next meeting.
Bilotta added that they would be amenable to a more limited setback reduction if it were
possible to carve out an additional subzone, such as lA.
There being no public comments, Chair Edgeton closed the hearing.
6. LAND USE/ACTION ITEMS
A. Diamond Valley Estates Single Family Subdivision and Rezoning
Assistant Planner Margaret Milton described the request. She clarified how the required
turnaround would be platted as an outlot. When the temporary turnaround is no longer
needed, the developer may request vacation of the easement and replat the outlot into a
buildable lot. Edgeton asked how the intent for future construcfion upon the outlot can be
communicated to future adjacent residents.
Edgeton posed the question of whether the remainder of 138n' Street needs to be dedicated
or built at this time. There was some discussion. Community Development Director Rick
Kelley explained the purpose and process of officially mapping the roadway by recording
the survey centerline. Kelley noted that the Commission could include official mapping as
part of their recommendation.
Churchill requested review of the previous private easement issue vis-a-vis condemnation
ofright-of--way (ROW). Attorney Hills clarified the city authority to determine the most
appropriate road alignment, timing of complete installation, and discretion to condemn if a
developer cannot acquire ROW via negotiation with other property owners.
Edgeton asked if all affected property owners agree with the plan and road alignment.
Milton responded that the Bachs do not agree.
Engineer Peter Knaeble, representing the developer, addressed the Commission. He said the
developer will show on its markefing materials that the outlot/turnaround is temporary and
will be built upon when the road is extended.
Bergman stated that official mapping of the balance of the road makes sense.
Hadley wondered if the northeast parcel is best served by the proposed alignment, that the
lots seem deep and narrow. Milton explained that the layout only shows one option of what
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could happen, and that a short cul-de-sac could be added to increase yield.
MOTION: Churchill moved, seconded by Hadley, to recommend approval of a rezoning
from "A" (Agricultural) to "R-3" (Single Family ResidentiaUminimum lot size of 11,000
square feet). Motion carried 6-0.
MOTION: Churchill moved, seconded by Hadley, to recommend approval of the
preliminary plat subdividing the subject 6-acre parcel into 14 single family lots with the
following conditions: (a) reduced front yard setback variances from the required 30 feet to
20 feet for Lots 2, 8 and 9, Block 1, and Lots 1 and 2, Block 2' (b) platting of Lot 1, Block
2, as an outlot to accommodate the construction of an emergency turnaround subject to final
review and approval by the City Engineer; (c) granting easement over the outlot for the
construction of an emergency turnaround; and (d) installation of rain gardens subject to
final review and approval by the City Engineer. Motion carried 6-0.
MOTION: Churchill moved, seconded by Hadley, to recommend official mapping of the
extension of 138' Street to Diamond Path Road. Motion tamed 6-0.
B. Comprehensive Plan Amendment, Rezoning and Preliminary Plat to Create 2
Single Family Lots (Apple Ponds 6~ Addition)
Assistant Planner Margaret Milton presented the proposal as described in the staff report.
She noted the revised grading plan shows split-level homes rather than the previous rambler
style. The storm water pond is not altered or impacted by the creation of lots or the
construction of homes. Milton reviewed the public hearing comments and staff analysis and
response to them. Milton closed by saying that staffis asking for direction from the
Commission about the proposal, and if the Commission feels that the request from some
residents to drop one lot is appropriate.
Edgeton said she thinks two lots in the area is okay, but wonders if the southern lot
retaining wall issue could be investigated further. She went on to say she believes there are
many homes with steep backyards without any level area, and that terraces maybe an
alternative to a single retaining wall.
Churchill stated she observed traffic at the site mid-morning and observed no problems. She
thinks a fence should be installed if the grades are not changed. Her concern is the depth of
the rearyard relative to the water's edge.
Hadley asked if atwo-story with a walkout were built on the southern lot, whether the
backyard would be flatter. Milton noted that there would still be a sloped backyard.
Bergman agreed with Churchill about the traffic. He asked if there were other lots besides
Hyland Pointe that have similarly steep backyards without flat space or fencing.
Ryan Karis of Twin Cities Habitat for Humanity (TCHFH) stated split-entry homes are now
proposed to reflect other houses in the neighborhood, though they are willing to build a
two-story with full basement on the south lot if the backyard result is more desirable to the
Commission. Karis said they are willing to build any combinafion ofretaining wall/terraced
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walls/fencing that the Commission thinks appropriate, and pointed out that usable front and
sideyard flat areas are available on the proposed lots. Karis also noted that a deck is
proposed for the north lot only.
Chair Edgeton opened the floor to any new public comment.
Gary Caracofe of 15875 Garrett Path referred to a neighborhood petition that was included
in the staff report which opposes the project.
Larry Greaves of TCHFH stated that residents of the proposed homes have not been
selected, so age of children is not known yet.
Debbie Reisinger, member of MICAH (Metropolitan Interfaith Council for Affordable
Housing) South, told of the organization's support of affordable housing efforts. She also
provided a Maxfield Research report that indicates no negative impact on home values by
the construction of affordable family rental housing.
Joy Petro of 15915 Garrett Path said she doesn't want new construction in their
neighborhood and suggested a site to-the east.
Mark Petro of 15915 Garrett Path made reference to the 2020 Land Use Plan that showed
storm'water pond covering the proposed subdivision area.
Sophia Anaya of 15956 Garrett Court again expressed her concern for traffic, saying that a
lightpole at Garrett Path and 1601 Street had been hit by cars many times.
Karin indicated TCHFH willingness to install driveway turnarounds.
Alicia Schimke of 15935 Garrett Path asked a question about stormwater.
Gary Caracofe said that other homes in the neighborhood don't haue turnarounds and didn't
think this would blend in. He also asked if mature landscaping would be installed so that the
homes look like they are ten years old.
Melander questioned why someone would object to a turnaround while at the same time
suggesting the importance of traffic safety.
Churchill stated she did not want extreme requirements placed on the developer.
Milton said that staff has received sufficient direction and will work with Habitat to come
up with a final recommendation.
7.OTHER BUSINESS
A. Sketch Plan of Commercial Complex on Southeast Corner of C. R. #42 & Flagstaff
Avenue by Home Depot
City Planner Tom Lovelace presented the proposal as described in the staff report,
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highlighting the revisions made since the first sketch plan.
Gene Pederson, the developer, gave an overview of the city's development history, noting
that nafional companies are now recognizing the demand in the Apple Valley area. He said
building coverage is 18% on the 31-acre parcel, and 30% green area is provided. Building
materials would be in conformance with whatever the City specifies. Pederson went on to
say that several site layout alternafives have been considered, but only attaching uses into
one large building seems to work. He suggested that the townhouse developer and its buyers
to the south were made aware that Home Depot was likely to locate there. The pond,
greenspace, landscaping and fence to the south would shield the back of the building from
the Orchard Pointe Townhomes. Pederson said their plan accommodates the storm water
pond needs, and that they are being required to dedicate more land for stormwater than
others have done.
Finally, Pederson stated the 75,000 square feet of retail space is not committed, but that they
are working to obtain an upscale grocery store. Other interested businesses for outlots
include McDonalds, British Petroleum (BP), a women's health club, and major sit-down
restaurant, according to Pederson. He said that staff is okay with the parking lot and
driveway changes made.
The Commission expressed concerns about the site lines from the townhomes and other
residences to the south. Pederson tiled to explain the relationships to adjacent buildings. To
shift the building further away would reduce the land value, according to Pederson, and they
are limited by the ponding requirements. He said they would prepare more drawings to try
to show the relationships to the surrounding area.
City Engineer Keith Gordon explained that typically stormwater ponding dedication is 5%,
and this situation is about 10%. However, that includes the relocation of a protected
waterway:
Bergman said he understands the demand #'or Home Depot, but doesn't think the plan is in
the best interest of the city. He asked if there would be an overflow pad adjacent to Home
Depot's Garden Center, as occurs at other Home Depot locations.
Edgeton left the meeting at 10:00 p.m. Churchill assumed the duties of Chair.
B. Sketch Plan Review of Small Lot Single Family Development on Northeast Corner
of McAndrews Road & Everest Trail by Manley Development
Assistant Planner Margaret Milton presented the proposal as described in the staff report.
"R-CL" zoning was discussed as the appropriate tool to allow smaller lots, reduced right-of-
way, setback reductions, etc. The site topography limits the ability to aggregate open space.
Milton noted the flag lot in the northeast corner may not be appropriate. Staff is suggesting
a very detailed erosion control plan due to steep topography and extensive grading. Grading
in two phases would be preferred.
Churchill stated it seemed that without actually clustering homes, it seems like the approach
is to combine "R-3" and "R-CL". Milton reviewed the current zoning for apartments and the
Commission's discussion when a townhome sketch was presented last year. Churchill
requested a comparison ofrelative densities in adjacent neighborhoods.
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Melander recalled unconnected cul-de-sacs with the townhome sketch and wondered if that
would be a possibility to reduce grading. Milton noted that the county preferred a connected
street as opposed to the two cul-de-sacs.
Ed Hasek, the site designer for the project, explained the challenges of the properly. Jack
Bucksell talked about the streetscape on 60-foot wide lots of cottage-style homes. Bucksell
described a combination of techniques to reduce garage presence on the streetscape, noting
that driveways narrow to 12 feet at the street.
Bergman asked if a plan could be prepared which illustrated all three dimensions to better
visualize how the site would look after development.
Churchill asked that a comparison of relative housing density be made with the adjacent
neighborhoods.
Bergman left the meeting at 10:30 p.m.
Hasek asked for direction regarding the cul-de-sac approach. Discussion ensued regarding
Dakota County policy and general health and safety issues.
$. ADJOURNMENT
MOTION: Melander moved, seconded by Hadley, to adjourn the meeting. Motion carried
4-0. The meeting was adjourned at 10:40 p.m.
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