Loading...
HomeMy WebLinkAbout07/16/2008 CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JULY 16, 2008 L CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Jeannine Churchill at 7:00 p.m. Members Present: Jeannine Churchill, Keith Diekmann, Tim Burke, Tom Melander, Frai~lc Blundetto, Thomas Helgeson and David Schindler Members Absent: None Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace, 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. There being none, she called for approval of the agenda. MOTION: Commissioner Burke moved, seconded by Commissioner Blundetto to approve the agenda. The motion carried 7-0, 3. APPROVAL OF MINUTES OF JUNE 18, 2008 Chair Churchill asked if there were any changes to the minutes. Commissioner Helgeson stated that Agenda Item 7A, the Russell Porch Setback Variance, had a motion but it was not recorded how the motion turned out. Department Assistant Barbara Wolff confirmed that the motion passed unanimously and the mimltes would be amended to reflect that change. Chair Churchill called for a motion to approve the minutes as amended. MOTION: Commissioner Melander moved, seconded by Commissioner Blundetto, to recommend approval of the minutes of the June 18, 2008, meeting as amended. The motion carried 6-0. Commissioner Helgeson abstained. 4. 2030 COMPREHENSIVE PLAN UPDATE/ACTIONS Community Development Director Bruce Nordquist updated the Planning Commission on the 2030 Comprehensive Plan. The most recent draft is on the City website. The drafting and updating will continue until the end of July. 1 S:ApianningU'LANCOMM~2008 agenda & minutes\071608m.doc Chair Churchill asked if there was a modification to the final due date. Nordquist said the Metropolitan Council has adjusted the deadline to May 31, 2009. The City is on schedule to complete the Plan by February 28, 2009. 5. CONSENT ITEM --N®NE-- 6. PITBLIC HEARING A. Wal-Mart Addition -Consider amendments to existing conditional use permits and site plan/building permit authorization to allow for the construction of a 60,683 sq. ft. addition to an existing 129,958 sq. ft. retail store. City Planner Tom Lovelace said this public hearing was opened on June 18, 2008, and the petitioner had requested the hearing be continued to July 16, 2008. The petitioner has again requested the hearing be continued to August 6, 2008. Chair Churchill requested a motion. MOTION: Commissioner Dielcmann moved, seconded by Commissioner Burke, to recommend approval of the continuation of the public hearing to the Planning Commission meeting of August 6, 2008. The motion carried 7-0. B. Cobblestone Lake Senior Apartments -Consider rezoning from "PD-703/zone 8" to "PD-703/zone 6", subdivision of 5.85 acres into one lot and two outlots, and site plan/building permit authorization to allow for construction of a 60 unit senior apartment building. Community Development Director Bruce Nordquist said. all written comments received to date have been forwarded to the Commission. Tradition Development and the Dakota County Community Development Agency (CDA) have provided information packets that are available to the neighborhood and have been available on multiple websites. A flyer is available to advertise a neighborhood meeting that will take place on July 21, 2008, from 6:30-7:30 p.m. at a CDA property located at 7375 157th Street W. The meeting will give the City, the owner and the petitioner a chance to hear and respond to concerns that the neighborhood may have. City Planner Tom Lovelace stated that the petitioner is requesting a rezoning from "PD-703/zone 8" (Planned Development) to "PD-703/zone 6"; subdivision of 5.85 acres into one (1) lot and two (2) outlots; and site plan/pennit authorization for a proposed 60-unit senior apartment building on the proposed 2.2-acre lot. The site is located in the southwest corner of Cobblestone Labe Parkway, south of 157t1' Street W. The rezoning of the property will also require amendments to the existing planned development ordinance, to include changes to the permitted uses, area requirements, and performance standards consistent with the project. S:\planning\PLANCOMM\2008 agenda & minutes\071608m.doc 2 The preliminary plat identifies drainage and utility easements along the property lines abutting a public street. Additional drainage and utility easements will need to be dedicated on the plat over all public utilities. The site plan indicates private access streets along the north and west side of the proposed apartment site, half of which will be located on the adjacent outlots. A private access agreement will need to be executed between all affected property owners as part of any approval of a final plat. Access restriction easements should be executed to restrict access from Lot 1 and Outlot A to 157t~' Street W. and Cobblestone Lalce Parkway. Two storm water infiltration areas are proposed for the site; one is located in the northeast coi7ler and the other in the southeast corner of the lot. The storm water infiltration area in the southeast corner of Lot 1 extends beyond the south property line on property that will likely be dedicated as public parkland. A maintenance agreement will need to be executed with all affected property owners that identifies responsibilities for ongoing maintenance of the infiltration areas. The City's Natural Resources Coordinator, Assistant Engineer and Traffic Engineer have identified some concerns that will need to be addressed prior to any recommendation. The petitioner should make the necessary sidewalk connectionsper staff's comments. Mr. Lovelace asked for comments and/or questions from the Commission. Chair Churchill asked if each new parcel in the Cobblestone Lake development has been rezoned from Sand and Gravel as it is built on. Mr. Lovelace said yes. Generally, in Plaiuled Development ordinances the City negotiates with the developer for the highest and best use of the land, as has been the case with the Cobblestone development. Each time the developer comes in with a proposal, the City reviews it on its merit, addresses it and makes the necessary changes to the Planned Development ordinance based on the project before the City. Commmissioner Melander said there have been significant changes as the plan has progressed. He asked if the. Cobblestone Lake master plan was not a firm plan from the beginning. Mr. Lovelace replied that there have been some minor changes as the plan has progressed. Mostly, the significant changes have occurred with the commercial component, making this a more compact site. Commissioner Schindler asked for confirmation of commercial uses on Outlot A. Mr. Lovelace confirmed this and it is consistent with the Comp Plan. Chair Churchill asked if the original plan showed some high density. Mr. Lovelace replied that the plan showed high density apartments and townhomes on the west side of the development, with the density of the development increasing as it moved from east to west. S:Aplam~ing\PLANCOMM\2008 agenda & minutes\071608m.doc ~ Jacob Ficlc, representing the land owner South Shore Development, stated they are in full. support of this project and feel it would fit into Cobblestone Lake development very nicely. Chair Churchill asked Mr. Fick if he was comfortable with the exterior materials and the design of the building to be consistent and to fit into the Cobblestone development. Mr. Fick replied yes. It is a unique building that has a variety of materials, an 8-foot overhang, multi- sloped roof and glass. South Shore Development has architectural controls within the development and believes it is a very nice building and fits in wonderfully. The CDA also runs an exceptional program and the owners believe it is a good fit. Petitioner Kari Gill, Deputy Executive Director of the Dakota County Community Development Agency (CDA), gave PowerPoint presentation to provide more information about the proposal as well as the CDA. Some of the information presented included: Income Limits and Rents Income Limits (80% of median) • One person $43,050 • Two person $49,200 Rents • One bedroom $348-$640 • Two bedroom $513-$810 Seniox I4ousing Need • Between 2000 and 2030, population 65 and older will grow from 26,250 to 86,000 (increase of 225%). • For the first time Dakota County seniors will out number school age children by 2025. • A sharp increase in retirements will begin in 2008. CDA Senior Properties The CDA manages 21 similar developments in neighboring communities including: • Apple Valley (2) • Lakeville (2) • Burnsville (2) • Mendota Heights (2) • Eagan (4) • Rosemount (1) • Hastings (2) • South St. Paul (2) • Inver Grove Heights (2) • West St. Paul (2) Property eg ment • Property Management staff are certified occupancy managers for the workforce housing program and attend annual trainings to ensure program compliance. • CDA Maintenance staff maintains the property and individual units. CDA contracts for lawn Dare and snow removal. • On-site Resident Caretaker is employed to care for the property. • Tenant Background Checks are performed -including rental, criminal and credit. S:Aplanning\PT ANCOMM~2008 agenda & minutes\071608m.doc 4 • Each month the CDA deposits money into a pledged savings account for regular maintenance and future improvements to the property. Noxdquist stated that there have been comments from the public about the statistics that the police department has in regards to CDA housing. He said Captain Michael Marben was available to address some of those comments. Apple Valley Police Captain Michael Marben stepped forward to address the Planning Commission. The Planning Department requested an analysis of the police calls for service in the two senior housing complexes managed by the CDA. Most of the calls are for medical emergencies because of ilhless (EMS). Commissioner Helgeson asked how this would compare with a similar apartment structure within the City. Marben replied that is a difficult comparison to make because there are several large apartment complexes and that the make-up of the tenants is vastly different. Also, some of the complexes do not have on-site management. Commissioner Helgeson asked if there is any evidence of increased crime with this type of senior housing. Captain Marben replied that statistics do not bear this out on senior complexes. There is an increase iri police calls because of EMS calls. Past experience is that these are typically low call volume complexes. Chair Churchill opened the public hearing and reminded audience members that a neighborhood meeting will be held on Monday, July 21, 2008, from. 6:30-7:30 p.m. at Qrchard Square, 7375 157th Street W. She said the Planning Commission is considering whether this is an appropriate use of the land, and requested the audience limit their remarks to land use issues. The public hearing will be continued to August 6, 2008. She also said the City has received a number of written communications that indicate there is much bad information floating around the neighborhood. This has generated fear and a number of accusations about what is going to be done to residents. This is not something that is being done to residents, this is a development that is being proposed to go into an area of the community where high density housing was always expected. The land use is consistent with the vision that was planned for this area originally. Kara Luebke, 15568 Dynasty Way, asked if the Cobblestone Lake Senior Apartments and the Apple Valley East Townhomes are coupled or if they are two separate considerations. Chair Churchill stated that they are two separate proposals and that the Apple Valley East Townhome project is not within the Cobblestone Lake development. Zachary Burnett, 15635 Dunberry Way, asked if an environmental impact study has been done. There are quite a bit of drainage issues. S:Aplanning\PLANCOMM~2008 agenda & minutes\071608m.doc 5 Mr. Lovelace responded that an Alternative Urban Areawide Review (AUAR) was completed. The AUAR reviews a variety of scenarios and determines what the impacts would be from the various scenarios. There were 3-4 different scenarios as part of the first development. The GUAR requires a five year update. It was updated within the last 3 years and reviewed again, and it was found to be in compliance. Changes to the AUAR are reviewed by several agencies and there are public hearings with Pollution Control, Metropolitan Council, DNR, and other reviewing bodies. Based on the uses that are continually being proposed as part of that AUAR update, it is in compliance. Mr. Burnett said his concern is practical application. The high density housing in the next proposal, the underground garage and the surface parking area may increase these drainage issues. He would like to see this looked into further. Commissioner Blundetto asked Mr. Burnett if he understands that the City is not changing the overall use and density of this area. Mr. Burnett replied yes, although this is his concern, and hopes the City evaluates the drainage issues. Chair Churchill stated that the City will consider the issue and also the problems that may have been reported to the City thus far, and address them at the next meeting. Jeanne Milbauer, 7621 Whitney Drive, stated that she has lived in Apple Valley since 1964. She was on the list for the Apple Valley complex and her name has not come up for two years. She now has gone outside of Apple Valley to other complexes because the City of Apple Valley has been very slow in accommodating the seniors. Cory Rumling, 15777 Diamond Way, said he understands that the use of the land was for high density, but asked if residents were aware that these were going to be rental instead of owner- occupied. Also, there seems to be a lot of impervious area and not a lot of green space. It would be nice to have more green space. Community Development Director Bruce Nordquist answered that of the approximately 3,000 units in the original plan, 600-800 of those units were anticipated to be rental. Chair Churchill said she remembered that there would be rental units within that area of the development, although she couldn't remember the number. The City will address the green space question at the next meeting. Chair Churchill asked Lovelace for an evaluation of the green space for the entire Cobblestone Lake development, specifically regarding what was originally prof ected to be park and open space, and how that has developed over time. Tia blucher, 15609 Dwellers Way, said her biggest concern is that the residents were told the community was going to be something very different community than what it is nowa The commercial area was to be inviting and enhancing with boutiques and a fitness center: Now, the residents are seeing completely different plans going through and no notification that anything is changing. Commissioner Blundetto asked Ms. blucher to explain the notification issue and whether she was notified of the project this evening. S.\planning\PLANCOMIvI\~.008 agenda & minutes\071608m.doc ~ Ms. Wucher replied that she was notified of this project, but not of any other public hearings. It is impacting her life and her future, and she feels like she has not had the opportunity to have a voice. Commissioner Blundetto said people have attended the other meetings and it is surprising that she did not receive notification. The City very rarely receives comments that the community is not aware of a change that is happening. He thanked her for her comment. Chair Churchill said he City can check the records to make sure that the notifications have gone out as required by the City. Lovelace stated that the City notifies affected properties within 350 feet of the proposal, which is required by state statute. It becomes a challenge to notify the people in the entire Cobblestone Lake development because most of the land around this proposed project is undeveloped. City policy is to also notify with signage. Lovelace said the Planning Commission could explore the possibility of wider notification in future developments at a future work session. Chair Churchill asked Lovelace how long the agendas have been posted on the City website. Lovelace stated that he could not be certain of the timeframe. Chair Churchill added that notification is published in the official newspaper of Apple Valley, 7'hisweele, which is required by law. Commissioner Blundetto said maybe the Cobblestone Lake area notification needs to be treated. differently because of the size of the development. Paul Scanlan, 15682 Duckpond Way, said the maps presented are outdated. He would life to see them updated and show intended uses for the lots. He asked if the density for this project is now beyond what was originally intended for that area. Lovelace said the proposal is 4 units greater than allowed by zoning. It was 24 units per acre, and the proposal is 28 unitsper acre. Mr. Scanlan said he is concerned that if this project is approved, future developments will. also increase in density, which is not the original intent of the plans. Chair Churchill said the City. Chair Churchill asked Lovelace if the Cobblestone Lake area will meet the originally anticipated 3,000 dwelling units in this area. Lovelace said he cannot answer that question because he doesn't know what developments will come forth. The AIJAR has been updated, and about 600 dwelling units have been constructed or are approved for construction in the development at this time. About half have been developed and there are 600 units there. Chair Churchill stated that development has been at the lower end of density levels thus far and there is some room on the west end to increase the density and still be under the 3,000 units total. S:Aplanning\PLANCOMM~2008 agenda & minutes\071608m.doe ~ Mr. Scanlan stated that the architectural drawings are lacking. in detail. He would like to see more detailed drawings and have inpirt to the types of materials and how they will be applied so the residents can see how it would fit into the neighborhood. Chair Churchill asked Ms. Gill if it is possible to have material samples at the neighborhood meeting on Monday, July 21St Ms. Gill replied yes. Chair Churchill suggested that Mr. Scanlan attend the neighborhood meeting as it will be held in a CDA building. Sarah Longstreet, 15606 Dwellers Way, asked if there would be limitations for sex offenders. Ms. Gill replied that CDA does not allow people that have felonies or other criminal backgrounds as tenants. Sexual offenders are not allowed in the units. Commissioner Blundetto confirmed that no sex offenders are allowed in any of the CDA properties. Ms. Gill replied yes. Joshua Moe, 1.5552 Eagle Ridge Road, .stated that the amenities proposed are not what the residents received. He does not blame that on the Commission. He blames that on the builders and Tradition Development. Mr. Moe said he supports a senior development in Cobblestone and thinks it goes along with the life cycle housing that Cobblestone was meant to be. Fred Vescio, 15716 Duckpond Way, asked if residents of Cobblestone Lake development be allowed to speak about the townhouse plat, though it is technically outside the development. Chair Churchill replied that anyone from the public is allowed to express their opinion. Kelsey Oie, 15580 Early Bird Circle, asked why senior building site was chosen. She feels that it is an obstruction of view. She also was under the impression that it was going to be over 50% green. Chair Churchill asked Lovelace for additional information about green space for the next meeting. Commissioner Blundetto asked Ms. Oie if her concern is of the visual obstruction of the lake. Ms. Oie replied yes, that is her concern. Commissioner Blundetto said this building should not obstruct the view of the lake. Karen Sullivan, 15137 Dutchess Court, asked if the two existing CDA buildings in Apple Valley are at 100% capacity and if there is a need for this type of housing. Ms. Gill replied that there are over 1,000 people currently on their senior waiting list for all of their buildings. People have been waiting for many years. In Apple Valley, the CDA has several hundred S:Aplauning\PLANCOMM~2008 agenda & minutes\071608m.doc g people on those waiting lists. The two properties u7 Apple Valley are at 100% capacity with a long waiting list. Robin Ann Williams, 15716 Diamond Way, said she is in favor of affordable housing. She would like both the senior housing project and the townhome project to be built. She is a lawyer and drives to downtown Miimeapolis every day for work. For the first four years of her career, she represented tenants at the Legal Aid in Minneapolis. She has spent the past 11 years of her career representing large businesses including large subsidized housing landlords. She does not represent CDA or any of the entities entrusted in this development. There are good and bad affordable housing projects. She has seen both of them. But unless the community has a reason to believe that both the senior project and the townhome project will not be managed well, she believes these two projects should be given a chance. She said she would like Apple Valley to be a place where her colleagues, family, friends, and employees can afford to live and work. She thought the provision of affordable housing is important to that end. . Chair Churchill hearing no further comments from the public asked Mr. Lovelace for any additional comments. Lovelace stated that the City is requesting the public hearing to continue until the August 6th Planning Commission meeting. Ms. Gill stated that the CDA will work with staff to address the issues brought up by the commtunity. Chair Churchill asked Ms. Gill if she could bring a copy of the lease information and the policies and procedures to evict tenants to share at the neighborhood meeting on Monday, July 21 S` Ms. Gill replied that she would make that available both at the neighborhood meeting and at City Ilan. Chair Churchill stated that the City heard a proposal from the CDA earlier this year and the sta~ldards for the residents of the CDA projects are among the highest that she's ever seen in property renters. Chair Churchill requested a motion to continue the meeting. MOTION: Commissioner Blundetto moved, seconded by Commissioner Helgeson to continue the public hearing to the August 6, 2008, Planning Commission meeting. The motion carried 7-0. C. Apple Valley East Townhomes -Consider rezoning from "SG" (Sand and Gravel) to "PD" (Planned Development), subdivision of 22.44 acres into one lot and one outlot, and site plan/building permit authorization to allow for construction of 45 townhome dwelling units. City Planner Tom Lovelace stated that the petitioner is requesting a rezoning from "SG" (Sand and Gravel) to "PD" (Planned Development), subdivision by plat of 22.44 acres into one (1) lot and one (1) outlot, and site plan building permit authorization to allow for construction of 45 townhouse dwelling units on the proposed 4.8-acre lot. The site is located at the northeast corner of Pilot Ki1ob Road and 155th Street W. S:Aplanning\PLANCOMM~2008 agenda & minutes\071608m.doe 9 Rezoning of the property will be necessary, as well as development of a planned development ordinance that will identify permitted, conditional, and. accessory uses; performance standards; and area requirements consistent with the proposed development. The proposed outlot would likely be identified as a separate subzone within the planned development zoning designation, but the uses, performance standards, and area requirements would be established at the time of submission of a development proposal. A stone water pond is currently located in the southwest corner of the property. The petitioner will need to provide a drainage and utility easement over the pending area and any storm water lines leading in and out of the pond. All the buildings are proposed to have a similar exterior finish. The petitioner should consider adding more brick or stone and look at applying those materials in different ways ,that would help to break up the repetitiveness of the development's building exterior. The site plan identifies a S-foot wide sidewalk abutting the parking spaces along the east side of the private open space area. Allowing for a vehicle encroachment of 1.5 feet beyond the curb of the parking spaces will leave only 3.5 feet of usable sidewahc. The sidewalk should be moved 1.5 feet from the curb or the width should be increased by a minimum of one foot. Also, a sidewalk should be installed directly adjacent to the 10 parking spaces along the north side of the private open space. Staff is also recommending that sidewalk connections be constructed from the Embry Path sidewalk along the north side of Street A, south of Building #8 and the south side of Street D, north of Buildil~g #11. T11is will keep residents and guests of the private streets at the two entrances/exits to the site. The petitioner has identified two monument signs with 28 square feet of copy area, one at each entrance into the development. No formal sign application for the proposed signs has been submitted with this request. The proposed monument signs do not meet all current code regulations and revisions should be made prior to submission of a sign permit application that would bring the signage into compliance. Commissioner Helgeson left the meeting at 8:46 p.m. Lovelace said this proposal will also be reviewed by Dakota County since it abuts a county road.. He will meet with the County Plat Commission on July 21st and report back to the Commission with any findings related to the development. Commissioner Burke said the parking ordinance reads that vehicles may not be parked on the street overnight unless a driveway is full. He asked if the street in front of the house counted. Lovelace said he would review that and provide information on whether that will be allowed. Chair Churchill asked if the stormwater is located in the outlot and if this pond would need to be enlarged for this development. Nlr. Lovelace responded the pond is in the outlot. S:\planning\PLANCOMM\2008 agenda & minutes\071608m.doc 1 ~ Assistant City Engineer David Bennett said the size of the pond, which drains to Cobblestone Lalze, was based on the size of future development. Typically the City's storm sewer infrastnicture system is designed fora 5-year storm or a 3-4" rainfall and the ponding system is set up to handle large rain events such as 100-year storms and 6" rainfalls. Chair Churchill said she would like to see how this pond and the drainage and utilities for the whole development of Cobblestone Lake relate to each other for the next meeting. Petitioner Kari Gill, Deputy Executive Director of the Dakota County Community Development Agency (CDA), said the CDA's goal is to work with the building standards set forth by the Cobblestone Lalce development. She gave a PowerPoint presentation with the following information: Ownership (Private-Public Partnership) • Development would be 99% owned by a private partner who invests approximately 60% of the financing. • 1J.S. Bancorp Community Development Corporation has been the private partner for 14 of the CDA's 16 workforce housing developments. • Dakota County CDA is the general partner and is responsible for management of the property. • Private partner provides asset management assistance in addition to financial oversight. Income Limits and Rents Income Limits (60% of median) • Based on family size • Three person $43,680 Minimum Income ® Two bedroom $16,488 • Three bedroom $18,120 Rents • Two bedroom $600-620 • Three bedroom $650-670 Profile of CDA Workforce Housing Residents • Average income = $30,000 • DEED (2006) approximately 13,000 jobs in Apple Valley. The average annual wage of all jobs is $32,000. • Typical jobs held by residents: ? Teaching assistants ? Customer service workers ? Medical assistants ? Office support staff ? Insurance claim processors ? Assembly positions Bank tellers Property Mana eg_ment • Property Management staff are certified occupancy managers for the workforce housing program and attend annual trainings to ensure program compliance. • CDA Maintenance staff maintains the property and individual units. CDA contracts for lawn care and snow removal. • On-site Resident Caretaker is employed to care for the property. S:Aplanning\PLANCOMM~2008 agenda & minutes\071608m.doc j ~ • Tenant Background Checks are performed -including rental, criminal and credit. • Each month the CDA deposits money into a pledged savings account for regular maintenance and future improvements to the property. Resident Screening • Ilse a professional service to conduct a complete criminal history check on each adult applicant or family member. • Get a complete credit report on each adult applicant. • Thorough search for any negative rental history such as unlawful detainers or eviction actions. • Contact the prior landlords and ask about how they cared for the property, got along with other residents and paid rent, etc. • Verify all sources of income and places of employment. • Review all of this information and then decide if they would be a good resident or not. • The CDA denies approximately 40®/0 of applicants because they do not meet their high standards, CDA Townhome Properties The CDA manages 16 completed townhome developments in Dakota County with. additional projects planned for the future. • Apple Valley (2) • Bunlsville (2) • Eagan (2) -Third development planned for Cedar Grove Redevelopment Area. • Farmington -First development under construction. Second site purchased for future development. • Hastings (3) • Inver Grove Heights (2) -Third site purchased and planned for future development. • Mendota Heights (1) • Lakeville (3) -Fourth development approved and will begin construction spring 2009. • Rosemount (1) -Second site purchased and approved for future development. Chair Churchill asked fox clarification on the upper income limit for these units. Ms. Gill replied that it is about $43,000 for a family of three. Chair Churchill also asked if the CDA limits the number of residents in a unit. Ms. Gill replied yes, there is a maximum of two people per bedroom and there are occupancy standards. Captain Michael Marben stepped forward to address the Planning Commission. He stated. that the Planning Department requested an analysis of the police calls for service in the past with CDA managed townhomes. He presented some statistics with a comparison of community developed authority managed townhomes with on-site caretakers. There are two properties in Apple Valley that are CDA managed. s:\planning\PLANCONYM~2008 agenda & minutes\07160$m.doc 1 ~ Chair Churchill asked Marben if he had any specific concerns about what is being proposed on this property. Captain Marben said the statistics will bear out the Police Department's experience. If the construction standards are maintained so that common wall issues can be eliminated in terms of noise complaints, that goes a long way in reducing crime and lowering the number of police calls for service. But that is not directed at this townhome project. That would be directed at any townhome project that comes before this Commission. Commmissioner Schindler asked if would it be possible to do the same analysis for 45 of the townhomes in Cobblestone. Captain Marben said he could have that at the next meeting, if given an address range. Commissioner Blundetto asked Marben to pick out an area that is appropriate and fair. Captain Marben said that he could have it at the Monday, July 21St neighborhood meeting. Commissioner Schindler asked if an on-site caretaker makes a big difference. Captain Marben replied that it makes a huge difference. Commissioner Schindler asked if the data pulled for the 45 townhomes in the Cobblestone Lake development would be significantly higher because there is not an on-site caretaker. Captain Marben replied that he cannot make a comparison since the townhomes in Cobblestone Lake are primarily owner-occupied. Chair Churchill asked for public comments. Kara Luebke, 15568 Dynasty Way, said she is part of the Bayside Association board and she has received many emails. A couple of the concerns that the neighborhood have expressed are: • Aesthetics -She would like to see townhouse and senior center comparatives to a 10-15 year old property to see that the maintenance has been kept up as promised from the CDA. + Traffic -She asked with increased traffic, if there will be any extensions for public trlnsit and what the plans are and how that will impact the community - e.g. stoplights, stop signs, number of cars on the road, etc. • Public Safety - A lot of concerns are based on fears that people have so more data would be interesting. Ms. Luebke stated she would like to see comparisons of police calls. Also, she would like to see a comparative study on the type housing proposed versus other housing and the impact on surrounding communities in a 5-10 mile~radius, specifically for vandalism, theft, personal attacks, etc. This would either substantiate people's fears or to calm the fears that people have about this type of housing. She also would like to know how often criminal checks are done; and if there is a process in place to check post move-in date. She commented that she has seen great opportunities S:\planning\PL/~NCOMM\2008 agenda & minutes\071608m.doc 13 for people in these subsidized housing developments. Statistics can help the surrounding community see the positive impact it may bring to their community. Joshua Moe, 15552 Eagle Ridge Road, stated his concern is public safety. He said that once the development is built, it might expand and become larger. The Dakota County CDA's properties are in proximity of each other. With more people moving into the community, there is more vandalism to the gazebo and swimming pool. He said this is done by adolescents coming in from outside of the community. The background check on the parents will not necessarily determine if the children. and adolescents will commit these types of. Mr. Moe said the kids typically don't hang out around home; they go out in the neighborhood. He has a real concern about crime and with it spreading out into the broader community, Captain Marben addressed Mr. Moe's comment in respect to the criminal sexual complaint that the police department received. He wanted to clarify that this particular incident was not a stranger rape case. This was an acquaintance. The case was thoroughly investigated by the police department and was referred to the Dakota County Attorney's office for prosecution and based upon. their investigative packet, the county attorney declined prosecution. Zachary Burnett, 15635 Dunberry Way, said he is concerned about Cobblestone Lake's association- maintainedpool. This is not one of the benefits that the CDA building will have. He sees this as an area ~f contention for those in the proposed housing because they will feel that they have the ability to use the association maintained pool, property, etc. An action plan of how the CDA will handle that would be appreciated. Tia Radant, 15207 Dundee Avenue, said her property backs directly to Fischer Sand and Gravel and has yet to be developed. It is zoned low-density, which borders the middle density that is being discussed this evening. It is hard for her to comment on her support for the project because it is difficult without understanding the Planning Commission's vision for the rest of the larger parcel bordered by County Road 42 to the north, Pilot Knob Road on the west, and 15Sr~' Street to the south and then hex neighborhood. She asked if the City could provide information on the impact on property values when an area is transitioning from undeveloped to a townhouse development. She said this piece of land should be a valuable piece of commercial property. She supports the CDA. She has seen the senior homes in Apple Valley and finds them to be of very high quality. Her concern is whether it should be this particular building in this particular location. Also, Ms. Radant asked what would happen if CDA ceases to operate this property. She asked the Commission to have a contingency plan in place to be able to reevaluate the property in the future. Chair Churchill used Ms. Radant's concerns as an opportunity to ask the community to participate in the City's Comp Plan process. She has been asking for this for the last year and the City is currently in the process of developing the 2030 Comprehensive Plan. The subject property is an area of particular concern in the Comp Plan, and thus far the participation of the commluuty has been dismal. The City's Comp Plan and the proposed draft of the Comp Plan is on the website. Commissioner Blundetto said there is a huge effort every 10 years to review the Comp Guide Plan and the City is in the middle of doing it right now. The Planning Commission and staff are in the process to get this vision, especially in this area. S:\planning\I'LANCOMM\2008 agenda & minutes\071608m.doc 14 Community Development Director Bruce Nordquist said the City hopes to have the draft wrapped up by August 2008. After that, it is distributed to other agencies and neighboring communities. The draft is available on the website and feedback is welcomed. Chair Churchill commented that. the people living in this area of the City have the most undeveloped land and it is getting most of the Planning Commission and the City's attention in this Comp Plan revision. Ms. Radant requested that it be made easier to notice these meetings on the website. Fred Vescio, 15716 Duclcpond Way, asked why this building is being proposed at this location. The average house price in Apple Valley is approximately $219,000. On the east side of Cobblestone development there is a sign that reads "Good-Life for Sale" and states that townhomes start at $200,000, single family homes starting at $300,000 and custom built homes starting at $500,000. In terms of concentration Cobblestone Lake has most of the $300-500,000 and $500,000+ homes in Apple Valley. It doesn't make sense to have $500,000+ homes on the east side and subsidized rental townhomes on the west side. He would like. more information and the rationale for this going in at this location. It does not seem to fit in with the surrounding area. He would like to have a development next to his community that fits in with the overall scheme. Robin Ricke, 15716 Duckpond Way, stated that she is concerned with crime and the location of the low-income housing so close to the new liquor store. She would like to know how many CDA properties are located that close to a liquor store and how that might affect 911 calls, graffiti, non- emergencycalls, disturbance of the peace, etc. for the surrounding areas. Cory Running, 15777 Diamond Way, stated that Captain Marben showed crime statistics from January through May of 2007. He would be interested in seeing complete year statistics. Chair Churchill asked Captain Marben if he could provide the same information as he did this evening for both the senior housing and townhome developments for 2007. Captain Marben stated that he can provide the. information for the entire year of 2007. Brian Kohorst, 15715 Diamond Way, said he has been in an assessing and real estate appraisal business for about 8 years and just in recent days has been assessing government subsidized housing. He would like to know if there are any assurances that what the CDA says they will do, will actually happen. Is there anything in writing or any plan of action? What keeps family and friends from living with them that don't have the background checks? Can they be assured that this will be monitored? If a crime is committed once they're in, what happens? What constitutes action for the crimes? He would like to see a lot more detail on this type of infor>ation. Chair Churchill said one thing to keep in mind is that there are rental units in all neighborhoods in the City. The CDA rents all of their units with an on-site manager. Mr. Kohorst said in his experience, properties with on-site management seem to have the same types of issues as individually owned properties. Chair Churchill asked Ms. Gill if there are rental townhomes in Apple Valley older than 10 years. S:\planning\PLANCOMM\2008 agenda & minutes\071608m.doc 15 Ms. Gill replied that Glenbrook was completed in 1993 and will have new siding, windows and roofing installed this fall. The Chasewood was completed in 1998 or 1999. Commissioner Blundetto asked if this is scheduled maintenance on the properties. Ms. Gill replied that it depends on the development and how well they are holding up. Nancy Ster, 7704 Whitney Drive, asked if there is any eviction policy if a family of four adopts a fifth child or someone would move in. Ms. Gill said if the tenant is lease compliant, CDA would not evict someone. The CDA would -work with the tenant to move them into an appropriate sized unit. Debbie Reisinger, 12883 Everest Avenue, stated that she moved to Apple Valley 28 years ago and wanted to take the time to thank the Planning Commission, City staff and the citizens. She has been active in this process with the Commission and with the City over a number of issues in the past and it is by the work of the Commission and staff and comments from the public that we have the .community that we do have, which is a wonderful place to live. Jack Michie, 15836 Drymeadow Lane, asl~ed if a more prominent sign declaring the public hearing be posted in the future. He stated he almost mistook it for another garage sale sign. He asked if there have been any studies on the impact on the surrounding schools. He moved from Virginia primarily to raise hisboys in Apple Valley. He asked about the other two CDA buildings in Apple Valley impact on the schools. Also, he asked why the townhouse complex was denied previously for another area of Apple Valley. Chair Churchill replied the Planning Commission did approve the previous proposal but it was denied by the City Council. Commissioner Blundetto clarified the Planning Commission has seen both the senior housing and. the townhome development; both were approved by the Planning Commission but denied at the City Council level. Paul Stoll, 12686 Durango Place, asked that the Police Department compare the City's crime statistics to the big number because statistically we have more calls in Apple Valley for the big population than we do for any of the studies that were done. For example, there was one sexually violent crime. How many have there been in Apple Valley for the same timeframe? Those statistics can be misleading without the big picture and that can create paranoia. Mary Bachhuber, 15234 Dunlin Court, asked for more information about the families that are expected to move into the townhomes. What are the demographics and what is the duration of a typical family. She would like to see more ethnic diversity. Chair Churchill commented that when they heard the prior proposal; many of the people that live in CDA housing are in transition periods in their lives. They might be people going through a divorce, a spouse has passed, people who their financial situation has taken a sudden reversal, people who s:\planning\PLANCOMM~2008 agenda & minutes\071608m.doc 16 have lost a job or a home, recent college graduates and people who work in our school and medical community. A lot of people that work in the service field would qualify for these rents. Sarah Longstreet, 15606 Dwellers Way, stated that the lights along the path are not usually on at night. Lots of residents have dogs and are walking them late at night or early in the morning and. she is concerned for the safety of the residents. Diane Teodoreou, 15579 Dwellers Way, stated that she is a mental health professional and is licensed as a marriage and family therapist. She's worked with a wide variety of people over the last ten years in avariety ofsocio-economic backgrounds, both from low-end to high-end.. Socio- economics is not an indicator of either positive or negative behavior. She has the privilege of being partnered and living in this community. If she was not partnered, she would likely be one of the residents qualifying to live in these townhomes because that is the range of what she would. likely make. She feels privileged to live in this community and chose it for its affordability and its safety. Commissioner Blundetto asked Ms. Teodoreou if this type of housing or if having a lower income in any way creates or leads to alcoholism. Ms. Teodoreou stated that alcoholism, sexual abuse, domestic violence, etc. occurs across all socio- economic levels. Commissioner Blundetto thanked Ms. Teodoreou for her comments. Wendy Vinge, 15320 Dundee Court, asked why this location was chosen. She does not believe the residents will be close to their jobs. Ms. Vinge said that she has experience in education and moved from south Minneapolis. She knows that it is stressful in the school room. The teacher has to focus on the at risk kids that need the attention. It's hard to compete and participate when children of different socio-economic backgrounds are in the same classroom. Commissioner Diel~nann stated that this is a perfect location for both of these projects based on the proximity to local transportation of the transit station at 157th Street and Pilot Knob Road. It allows the people living in these locations to access public transportation. Other sites along Cedar Avenue that are getting bus rapid transit are going to be more expensive to develop. This is the closest thing to a perfect site in regards to transportation in Apple Valley right now. Kara Luebke, 15568 Dynasty Way, asked the CDA for statistics on eviction rates and the reasons behind those evictions. Also, are there programs in conjunction with county, city or state programs to help residents transition out of the housing. Tia Wucher, 15609 Dwellers Way, stated that the bus schedule is irregular and not on time. Chair Churchill said that it looks like the bus system needs to be fixed. Samantha Marhula, 15247 Dundee Avenue, stated that her home backs the gravel pit. She asked if there will be any sex offenders allowed into the townhome units and also if the caretaker lives there full-time. Ms. Gill replied no sex offenders will be allowed and that the caretaker lives on-site. S:\plamiing\PLANCOMM\2008 agenda & minutes\071608m.doc 1'] Ms. Marhula asked where the kids will go to school. Chair Churchill replied that this would be decided by the school district. There would be the same impact to the schools no matter who moved in. Chair Churchill hearing no further comments requested a motion. MOTION: Commissioner Melander moved, seconded by Commissioner Schindler to continue the public hearing to the August 6, 2008 Planning Commission meeting. The motion carried 6-0. D. Consider the draft Water Emergency and Conservation Plan Acting Public Works Director Carol Blommel-Johnson addressed the Commission about the Water Emergency and Conservation Plan. The Water Emergency and Conservation Plan is a component of the City's Comprehensive Guide Plan.- 2020 Update. The plan is broken into four parts: an analysis of the City's water supply system, including demand projections; procedures for a water emergency caused by a power failure, contamination, sabotage, drought, flooding or other natural disasters; a water conservation plan to improve efficiency in water delivery, reduce water demand, and limit water waste; and a section that ensures the Plan is consistent,with the Metropolitan Land Use Planning Act. The Plan has been reviewed by the Department of Natural Resources and surrounding cities as required by state statute. Because the Water Emergency and Conservation Plan is part of the Utilities Chapter of the Comprehensive Plan, it must be reviewed at a public hearing before the Planning Commission. Commissioner Melander complimented Ms. Blommel-Johnson on a very thorough job. ~Ie is astounded by the 6.5 million gallons per day that is used by the City. He asked if the wells will dry up. Ms. Blommel-Johnson replied that last year the City did see the levels go down on two of the wells. As part of the well maintenance program last fall, the City did extend the columns in those two wells. There are low water level monitors in all of the wells. so they are monitored; taking readings. on a continuous basis. The City is required to send the readings into the County on a >nonthly basis. There was a period of drought last year so the levels did go down, but typically they do bounce up and down. Commissioner Blundetto asked what the City's treatment capacity is. Ms. Blommel-Johnson replied that the treatment plant is designed for 12 million gallons of water per day. There is a bypass so that a portion of the water is blended during the higher demand times when most of that water is going on lawns, so not all of the water is being treated. Wells 1, 2 and 3 do not pump water to the treatment plant and those can be pumped directly out into the distribution system. Some of the other-wells can also do this with modifications if necessary. Commissioner Blundetto asked what is at Pilot Knob Road and 147th Street. S:\planning\PLANCOMM\2008 agenda & minutes\071608m.doc j s Ms. Blommel-Johnson said that is well number 19. Commissioner Burke asked what affect the water restrictions have on peak demand. Ms. Blommel-Johnson said that it is too early to tell and it depends on the amount of rain, air temperature, and humidity. Typically, when the City imposes restrictions, the water usage goes down. The highest usage this year was a little over l6 million gallons in one day even with the restriction in place. Without the water restriction, it would have been approximately 18% higher. Commissioner Blundetto asked if the new water tower is online. Ms. Blommel-Johnson said it was being filled today and then a bacteria test would need to be completed and it should be online next week. She stated that that is the last water tower the City will be installing. The City's storage capacity is 13.2 million gallons. However, not all of that is useable. In the new tower, all of it is useable because it is an elevated tank. The other water towers are ground storage reservoirs so about half to two-thirds of that is useable. Commissioner Schindler asked if the City gives out tips to the homeowners about water consumption. Ms. Blommel-Johnson stated that there are tips in the City newsletter and also in the drinking water report. Chair Churchill asked for comments from the public. Joshua Moe, 15552 Eagle Ridge Road, asked if there is any plan to implement standards for top soil needed to retain more water. Assistant City Engineer Dave Bennett said that he doesn't think there is a standard related to the top soil. Most of the top soil and clay areas are taken out of the house pad areas and put into the yard so that there is some soil that retains water. Right now he doesn't believe the City has a minimmn standard. Commissioner Blundetto said that is a citywide issue. Mr. Moe stated that a lot of the City was old gravel mining pits and maybe that is an issue for the City to look into. Mr. Bennett said that typically the gravel and mining operations were farm fields before the mining operations began so they do all those strippings, berm them around so they provide screening and then they use that material to be placed back over so there usually is that material there in place. Kara Luebke, 15568 Dynasty Way, stated that their irrigation company has recently provided recommendations for the top soil in their association. In 2005 or 2006, Cobblestone made a change from pulling irrigation from the lake to City water. She asked if there are any plans to manage that so the community can go back to being aself-sustained water community. s:Aplannin~\PLANCOMM\2008 agenda & minutes\071608m.doc ] 9 Mr. Bennett stated that Cobblestone Lalce is a ground water lake, and the water level fluctuates. The irrigation system is not functioning right now because the lake is down. There maybe an opportunity in the future for that system to come back online if the water elevation comes back up. It all depends on the level of the lake. The ground water and the lake are essentially the same thing. Mr. Lovelace stated that he has a minor correction in regards to the top soil issue. The subdivision code does require a minimum amount of top soil on a development. Chair Churchill stated that although it is not the policy of the Planning Commission to act on an item the same night as the public hearing, hearing no opposition this evening, she called for a motion. IyIOTION: Commissioner Melander moved, seconded by Commissioner Schindler to recommend approval. of the draft Water Emergency and Conservation Plan. The motion carried 6-0. 7. LAND USE/ACTION ITEMS --NONE-- OTIiIER BUSINESS A. Review of upcoming Schedule and other Updates. Community Development Director Bruce Nordquist stated there were no updates. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Churchill asked for a motion to adjourn. MOTION: Commissioner Blundetto moved, seconded by Commissioner Schindler, to adjourn the meeting at 10:29 p.m. The motion carried 6-0. 5:\planning\PLANCOMM\2008 agenda & minutes\071608m.doc 2®