HomeMy WebLinkAbout08/06/2008 CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
AUGUST 6, 2008
1. 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 and Thomas
Helgeson
Members Absent: Frank Blundetto and David Schindler
Staff Present: Community Development Director Bruce Nordquist, City Planner Tom Lovelace,
Associate City Planner Kathy Bodmer, Associate City Planner Margaret Dykes, City Attorney
Sharon Hills, Assistant City Engineer David Bennett and Department Assistant Barbara Wolff
Chair Churchill opened with a statement regarding the operation of the Planning Commission. She
explained the Planning Commission is appointed by the City Council and serves three-year terms..
When there is a vacancy, the City posts the opening and advertises for applicants. Any Apple
Valley resident over the age of 18 may apply. Planning Commission members are volunteers and
there is no compensation, except park passes, that the members pay income taxes on. The
Commission meets on the 1st and 3'a Wednesday of each month.
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 Diekmann moved, seconded by Commissioner Burke to approve the
agenda. The motion carried 5-0.
3. APPROVAL OF NIINUTES OF JULY 16, 2008
Chair Churchill asked if there were any changes to the minutes. There being none, she called for
approval of
the minutes.
MOTION: Commissioner Melander moved, seconded by Commissioner Diekmann, to recommend
approval of the minutes of the July 16, 2008, meeting. The motion carried 5-0.
4. 2030 COMPREHENSIVE PLAN UPDATE/ACTIONS
Community Development Director Bruce Nordquist updated the Planning Commission on the 2030
Comprehensive Plan. He stated that the latest draft is available on the City's website. Also, a
comment form is available online and the City values feedback from the public. A study session is
planned for August 20, 2008, to discuss the transportation element of the plan.
i
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Chair Churchill reiterated that the City would like more public comments, and asked residents to go
to the website and submit any thoughts or concerns.
5. CONSENT ITEM
A. Lam Porch Variance -Consideration of a front yard setback variance. of 3
feet from the minimum required setback of 30 feet to allow for construction
of an 8 ft. x 22 ft. attached covered porch.
The Lam residence, located at 13023 Hamburg Court, is zoned "R-3" (Single Family/minimum lot
size of 11,000 sq. ft.), which requires a 30-foot front setback. The living area ofthe house is set back
from the front lot line approximately 35 feet. The property owners wish to construct a covered porch
that would be approximately 27 feet from the front property line. The house is a split-level front
entry, and the porch would be constructed in front of the house. Currently, that area is landscaped
with rock mulch and slopes to the east. The applicant intends to construct a 2 foot-high retaining wall,
regrade the area, and construct the porch. A roof would then be extended from the front of the house
over the porch, thus encroaching into the required front setback by 3 feet. The maximum impervious
surface for this property is 3,970 sq. ft. If the variance is approved, and the covered porch built, the
impervious surface on the lot will be approximately 3,500 sq. ft. The property owner should be aware
that any future accessory structures or house additions could not exceed 470 sq. ft.
The applicant states the covered porch is needed because it will help to shade the lower level of the
house. The applicant states the lower level of the house gets very hot in the summer and the added
covered porch would help make that area of the house more livable. Additionally, the owner states
water has seeped into the lower level exterior material and that mold has been an issue in the past.
Though there is no hardship related to the land to necessitate the granting of the variance, the
proposed covered porch would make the lower level of the house more livable, and improve the
character of the house by creating more street presence, which the City has supported in the past.
Additionally, the granting of the front variance will not have a significant impact on the neighboring
properties, and will help reduce water damage to the front exterior.
Chair Churchill asked for any discussion or comments. Hearing none, she called for a motion.
MOTION: Commissioner Burke moved, seconded by Commissioner Helgeson, to recommend
approval of a variance for the single family residence located at 13032 Hamburg Court (Lot 6, Block
1, Pennock Point Addition) to reduce the front yard setback from the required 30 feet to 27 feet for the
construction of an 8 ft. x 22 ft. covered porch as shown on the submitted plan received in City offices
on July 16, 2008, to improve the front appearance of the house and because it is in keeping with the
spirit and intent of the Comprehensive Plan, subject to all applicable City codes and standards, and the
following condition:
a. The covered porch shall be constructed in a workman-like manner, and of building materials
similar to those on the existing house.
The motion carried 5-0.
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6. PUBLIC 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 that the petitioner is currently working on revised plans and is not
ready to submit those plans for review by the City. The petitioner has requested the hearing be
continued to August 20, 2008.
Chair Churchill hearing no discussion requested a motion.
MOTION: Commissioner Helgeson moved, seconded by Commissioner Diekmann, to recommend
approval to continue the public hearing scheduled for August 6, 2008, to August 20, 2008, at 7:00
p.m. in the Council Chambers at the Apple Valley Municipal Center. The motion carried 5-0.
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 outiots,
and site plan building permit authorization to allow for construction of a 60
unit senior apartment building.
City Planner Tom Lovelace stated that the petitioner is requesting a rezoning, subdivision and site
plan building permit authorization for a proposed 60-unit senior apartment building on approximately
2.2 acres located along the west side of Cobblestone Lake Pazkway, south of 157c' Street West. 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/permit authorization for
a proposed 60-unit senior apartment building on the proposed 2.2-acre lot.
This rezoning ofthe property for this proposed project will also require amendments to the existing
planned development ordinance. They include changes to the permitted uses, azea requirements, and
performance standazds consistent with this project.
The preliminary plat identifies drainage and ufility 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 that will restrict access from Lot 1 and Outlot A to
157' Street West and Cobblestone Lake Parkway.
Two storm water infiltrafion areas are proposed for the site, one located in the northeast corner 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.
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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 connections per staff's comments.
Chair Churchill asked who will continue as the owner of Outlot A to the north.
Mr. Lovelace replied that the Dakota County Community Development Agency (CDA) will be
purchasing the 2.2 acre lot. The two outlots will continue to be owned by Tradition development or
any limited partnership that they may have created.
Rob Wachholz, Development Manager at Tradition Development, stepped forward to address the
Commission. He said he helped create and plan Cobblestone Lake development. He stated that a
goal of the Comprehensive Plan is to expand the life cycle housing opportunities within the City
and provide a greater variety of housing and density on the remaining undeveloped land within the
City. The plan for Cobblestone Lake is an approved master plan mixed-use development providing
for up to 3,000 housing units, life-cycle housing units and up to 300,000 sq. ft. of commercial
development on the approximate 300 acre Cobblestone Lake development site. All necessary.
environmental review of the aggregate approved plan has been completed and reviewed through the
various agencies covering impacts such as traffic, pollufion, storm water, water quality, etc,
Development plans today have satisfied these reviews. There have been many innovative features
incorporated into this plan in response to environmental issues and by Tradition's own initiative
such as cool water/storm water discharge by pump from the lake when storm water raises the lake
elevation to unacceptable high levels; infiltration basins, rain gardens, gray water irrigation, traffic
calming street design, landscaped medians, treed boulevards, narrower street widths and
roundabouts. There are many other factors incorporated to respond to environmental and planning
issues. Tens of millions of dollars have been expended on land, sewer, water, streets, parks and
other improvements in support of the approved development plan. Millions more will be spent to
complete the lakeside and trail amenities, install entrance monuments and landscaping.
Mr. Walchholz stated the visioning statement that was part of the land use plan for the Cobblestone
Lake development, "Careful orchestration ofmarket-driven, site-planning principles, and the goals
and objectives of the City, will make the Cobblestone Lake community a model for mixed
development design for the future. Housing densities within the City range from low-density,
single-family detached homes and gradual transition to higher density uses as the site develops
towards Pilot Knob Road. Integration of neighborhoods with varying densities facilitates the ability
to incorporate life-cycle housing that is multi-generational in appeal and can be affordable for the
first-time homebuyer and the value conscience senior interested in an active community involved
lifestyle".
Mr. Walchholz said the most significant departure from the original plan is the incorporation of the
Target anchored commercial district. Through a very participafive process, that plan won favor. It
will be a true asset for the development as it moves forward. As the area continues to progress,
Tradition will continue to pursue higher density housing much like the application from the CDA.
Traditions is also looking to seek out and appeal to apartment developers who will be attracted to
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proximity to transit, retail services and jobs. They are also continuing to pursue developers that will
bring more complementary smaller scale retail commercial to this plan and also, more owner-
occupied townhomes and apartments.
Petitioner Kari Gill, Deputy Executive Director of the Dakota County Community Development
Agency (CDA), -gave a PowerPoint presentation to provide more information in response to the
comments received at the previous public hearing and the neighborhood meeting. Some of the
information presented included:
Senior Housing Need
• Between 2000 and 2030, Dakota County's 65 and older population will grow from 26,250 to
86,000 (increase of 225%).
• To keep up with community needs, Apple Valley needs to construct 450 affordable senior
rental units between 2000 and 2030.
• Dakota County seniors will out number school age children by 2025, for the first time in our
history.
• A sharp increase in retirements are expected to begin in 2008 as baby boomers start to reach
retirement age.
CDA Senior Housing Program
Income Limits (80% of median)
• One person $43,050
• Two person $49,200
Rents
• One bedroom $348-$640
- Average one bedroom rent = $467
• Two bedroom $513-$810
- Average two bedroom rent = $622
CDA Senior Residents
• Average income = $21,000 (31 % of residents receive only Social Security for income)
• Average age = 77
• Most are single households
Apple Valley Senior Housing
• Orchard Square, Completed in 1995, 50 units
• Cortland Square, Completed in 2001, 60 units
Cortland & Orchard Square
• Average Age:
- Cortland Square - 75
-Orchard Square - 77
• Waiting Lists:
- 1 Bedroom - 261 applicants
- 2 Bedroom - 170 applicants
• 25 units have turned over in past two years
- 54% of residents have lived at Orchard for more than 5 years
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- 53% ofresidents have lived at Cortland for more than 5 years
CDA's Development Proposal
• 60 unit senior building
• One and two bedroom units
• Community room with kitchen
• Underground heated parking garage
• Durable, maintenance free materials will be used to construct the building including
hardi-board siding, brick and architectural shingles
• If approved, construction would begin in 2009 with occupancy in 2010
• Goal is to provide high-quality affordable housing as a partner with the City of Apple Valley
Local Amenities
• Shopping & Employment Opportunities
• Public Parks & Trails Nearby
• Public Transportation Options
• DARTS
• MVTA Park & Ride nearby
• MVTA Flex Route 420
• Schedule-A-Trip -MVTA service to re-route vehicle closer to where you live or
want to go
Chair Churchill asked Mr. Lovelace to share the comments received at the last public hearing with
staff responses. Lovelace presented the following information.
A quesfion was asked if there had been an environmental impact study done, more specifically
with regard to drainage. Staff response - In 2000, Tradition Development submitted an
application for amixed-use development on 323 acres located in the southeast corner of the city.
This project identified the potential development of up to 300,000 square feet of commerciaUretail
space on approximately 19 acres and approximately 240 acres of mixed residential development
which could have up to 3,000 residential dwelling units. The square footage of commercial and
number of dwelling units associated with the land use proposal triggered the need for an
environmental review as required by Minnesota Environmental Equality Board (EQB) Rules.
Normally, this environmental review would have involved the preparation of an Environmental
Assessment Review (EAW) and/or Environmental Impact Statement (EIS). However, the EQB rules
do allow for the preparation of AUAR (Alternative Urban Areawide Review) as a subsfitute for an
EAW or EIS.
The AUAR process is a hybrid of the EIS and EAW processes. It uses a standaxd list of questions
similar to the EAW process and provides a level of analysis that is comparable to an EIS. The
significant feature of the AUAR process is that it provides the opportunity to review several
development scenarios. The benefit of the AUAR process is that it gives the city the ability to
evaluate how much development can be accommodated on the site without siglLificant
environmental impacts and helps to anticipate and correct potential problems. The AUAR analyzes
potential environmental impacts based on the proposed scenarios, with such things as traffic, water
quality, air quality, and surface water runoff.
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The original Cobblestone Lake development AUAR evaluated three scenarios for the site:
Scenario 1: Proposed development of 2,240 total residential units (570 detached and 1,670
attached), 65,000 sq. ft. of commercial institutional, 53 acre storm water pond and 31.5 acres of
park and open space.
Scenario 2: Proposed development of 1,900 total residential units (350 detached and 1,550
attached), 170,000 aq. ft. of commercial/institutional, 36 acre storm water pond and 26 acres of park
and open space.
Scenario 3: Proposed development of 3,000 total residential units (600 detached and 2,400
attached), 300,000 sq. ft. of commerciaUinsfitutional, 36 acre storm water pond and 26 acres of park
and open space.
The AUAR was distributed to 15 public agencies for review and comment, and public. comment was
taken at a Planning Commission meeting. Revisions were made based upon the comments received
and the AUAR was adopted by the City Council on May 31, 2001.
A condition of the AUAR is that in order for this type of environmental review to be valid as a
subsfitute form, it must be updated every five years. An updated AUAR was prepared that included
the original three scenarios and a fourth scenario that included a regional retail center instead of a
combination neighborhood, shopping, offices, and services. The same process of review that was used
for the original AUAR was done for the updated document. Revisions were made based upon the
comments received and the AUAR was adopted by the City Council on December 27, 2006.
The Assistant City Engineer has reviewed the proposed senior aparhnent project and has concluded
that the project falls within the parameters outlined in the updated AUAR, which includes surface
water nmoff.
A comment was received about whether the residents of Cobblestone Lake were aware that
rental units would be constructed in Cobblestone Lake. Staff response - In 2001, Tradition
Development submitted a concept plan for the mixed-use development. The concept plan identified a
variety of residential uses that included small lot single family; low, medium, and high density
townhomes; and high density apartments. A planned development ordinance (PD-703) for
Cobblestone Lake was approved in 2002, which identified 8 zones within the planned development..
Zone 1 included property in the first phase of the development, which allowed for single and two
family dwellings as permitted uses. Zones 2 through 6 were reserved for future development within
the project area. Intended uses were idenfified in these future zones, which included aparhnents in
zones 5 and 6. Zone 7 was designated for public open space and the 32-acre pond known as
Cobblestone Lake and Zone 8 was created for property designated for interim sand and gravel mining,
which was the primary use on the majority of the property in the development at the time of the
adoption of the planned development ordinance.
A commentwas received about the amount'of proposed impervious surface in the project. Staff
response -Approximately 43% of the site will be green space. Zone 6 of the planned development
ordinance does not have a minimum green space requirement, but it does have a maximum building
coverage requirement of 30%. The proposed building will have a maximum building coverage of
23%, which is in conformance with the ordinance.
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The AUAR did identify the amount of green space required for the overall development, which
ranged from 113-143 acres. According to the Assistant City Engineer, the development currently has
approximately 90 acres of impervious surface and it is expected that the remaining development will
track toward the 143 acres of impervious surface at full build out. The engineering staff will continue
to monitor the impervious surface as development occurs to ensure that final development is in
compliance with the impervious surface requirements.
A comment was received about the public hearing notification process. Staff response -The
City requires public hearing notices for comprehensive plan amendments, rezonings, subdivisions,
and interim use permits, which are published in the ThisWeek newspaper, which is the City's official
newspaper. The City is also required to mail public hearing notices to property owners within 350 feet
of the subject property. Although not a requirement, the City will also send citizen notices, which
describe the proposal in layman terms. These notices are sent along with the official public hearing
notice to those residents in the 350-foot radius. Additionally, the City also posts signs on the subject
property at prominent locations to inform any other concerned residents from outside of the required
notification area of the public hearing. Also, during the past several years, Planning Commission
agendas have been placed on the City's website and cable TV station the Friday before the meeting.
A comment was received expressing concern that the maps presented are outdated. Staff
response -Generally speaking, development within Cobblestone Lake has been consistent with what
was proposed in 2001. Revisions have been made to the 2001 concept plan that reflects market
changes, building design and roadway alignment. In particular, the commercial area was moved from
all of the property abutting Pilot Knob Road to property along Pilot Knob Road, north of 157' Street
West, upward and downward revisions to unit densities and relocafion of Cobblestone Lake Parkway.
The petitioner has provided an updated concept plan that they have been using for their development
design purposes.
A comment was received about the unit density of the project. Staff response.- Cobblestone
Lake is a 323-acre mixed use development. Approximately 190 acres was planned forresidential
development and of that, 107 acres has thus far been approved for development. The approved master
plan for Cobblestone Lake provided for a maximum of 3,000 dwelling units within tha 190 acres of
residential development, which is an average of 16 units per acre. The master plan showed the
transition from low density development on the east portion of the property moving to medium- and
high-density development on the west side of the property. The Comprehensive Plan designates the
subject parcel as "MD" (Medium Density ResidentiaU6-12 units per acre). However, as identified in
the approved master plan, the densities were to be averaged over the entire development to be
consistent with the Comprehensive Plan designations. What this means is that though the current
zoning exceeds the Comprehensive Plan designation for the subject parcel, the development overall
within the "MD" designation will not exceed 12 units per acre.
The project is proposed to have a density of 28 units per acre, which is currently 4 more units per acre
than what is currently allowed in zone 6 of Planned Development No. 703. These unit densities were
established in 2001 and were based on a variety of factors such as citywide standards, densities in
existing high density residential zoning districts, the Cobblestone Lake concept plan, and findings set
forth in the development's AUAR. Therefore, this request will require an amendment to the area
requirements in zone 6 to allow for the project as proposed.
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A comment was received inquiring why this site was chosen by the CDA for the project., Staff
response -Many factors are taken in consideration when choosing a site., These factors include
surrounding uses, access, conflicting uses, availability of public ufilifies, and physical characteristics
of the site itself.
A comment was received that the proposed building will block view of Cobblestone Lake.
Staff response -The proposed building will be located along the west side of Cobblestone Lake
Parkway and Cobblestone Lake is located along the east side of the parkway. Also, the layout of
the development is such that it provides view comdors to the pond throughout the development.
They include along Eagle Bay Drive, 158th Street West, Elm Creek Lane, 157th Street West and
Embry Path. The project should not have an adverse impact on the view of the pond from these
corridors.
Chair Churchill hearing no comments from the Commission or the audience closed the public
hearing.
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 constmction of 45 townhome
dwelling units on the proposed 4.8-acre lot. The site is located at the northeast comer of Pilot Knob
Road and 155th Street West.
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 standazds; and
area requirements consistent with the proposed development. The proposed outlot would likely be
idenfified as a separate sub zone 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 storm 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 ponding 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 afive-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 sidewalk. 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 pazldng spaces along the north side of the private open space.
Staff is also recommending that sidewalk connections be constructed from the Embry Path sidewalk
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along the north side of Street A, south of Building #8 and the south- side of Street D, north of Building
#11. This 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.
Petitioner Kari Gill, Deputy Executive Director of the Dakota County Community Development
Agency (CDA), gave a PowerPoint presentation to provide more information in response to the
comments received at the previous public hearing and the neighborhood meeting. Some of the
information presented included:
Apple Valley Statistics
• To keep up with community needs (population growth and job sector), Apple Valley needs to
construct 550 general occupancy affordable rental units between 2000 and 2030.
• There are approximately 13,000 jobs in Apple Valley. The average annual wage of all jobs is
$32,000.
• Average market rate rents in Apple Valley .
- Two bedroom = $1,051
-Three bedroom = $1;246
Family Townhome Program
• Income limits range from $38,820 - $56,280 and are adjusted based on household size.
• For a family of 3 the maximum income limit is $43,680.
• Minimum income requirements:
• Two bedroom = $16,488
• Three bedroom = $18,120
s Rents:
• Two bedroom = $600-$620
• Three bedroom = $650-$670
Apple Valley Townhomes
• Glenbrook, Completed in 1994, 39 units, 733 applicants on waiting list
• Chasewood; Completed in 1999, 27 units, 756 applicants on waiting list
Family Townhome Residents
• Average income = $30,000 (Apple Valley = $32,000)
• Average household size = 3
• Mostly single headed households (single moms or single dads) with one or two children.
Some marred households with children.
• Typical jobs heid by residents:
- Teaching assistants
- Medical assistants
-Insurance claim processors
-Bank tellers
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-Customer service workers
- Office support staff
-Assembly positions
Resident Screening
• Professional service conducts 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 acfions.
• Contact the prior landlords and ask about how they cared for the property, got along with other
residents and paid rent, eta
• 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% of applicants because they do not meet our high
standards.
Propert~gement
• CDA Staff are certified occupancy managers for the Family Townhome Program and attend
annual trainings to ensure program compliance.
• CDA Maintenance staff maintains properties and individual units. CDA contracts for lawn
care and snow removal.
• On-site Resident Caretaker is employed to care for the property.
• Monthly, the CDA deposits money into a reserve account for future improvements to
properties.
Lease Requirements
• Tenant Occupants
-Persons not listed on the lease may not be an occupant of units without Management's
prior written consent.
• Conduct on Premises
-Tenant, family, guests and-other persons who are on the premises are to conduct
themselves in a manner which will not disturb their neighbor's peaceful enjoyment of their
accommodations and will be conducive to maintaining the property in a decent, safe and
sanitary manner and to refrain from illegal or other activity which impairs the physical or
social environment ofthe property.
• Storage of Vehicles
- Vehicles should be parked in garage or on the driveway. Tenants shall use the garage
for vehicles and not solely for storage or other purposes. In addition, no vehicles may
be parked on the lawn. Any inoperable vehicle must not be left on the property for
more than 24 hours. Any vehicle parked improperly or that is inoperable for more
than 24 hours will be towed away at the owner's expense.
Lease Enforcement
• Residents sign an annual lease with the CDA and if they're non-compliant, the CDA
proactively uses its authority to enforce and if necessary terminate the lease agreement.
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• In most instances, non-compliance is due to non-payment of rent. In rare cases, the CDA
evicts residents for non-payment of rent or for-cause reasons. Since 2005, the CDA has had
only four for-cause evictions.
• The CDA actively participates in Apple Valley's Neighborhood Collaborafion Officer
Program. If a police report is filed for any of our family townhome units, the CDA receives a
copy of the report and immediately follows-up with the residents regarding the report.
Home Ownership Connection
• CDA's Family Townhome Program serves. as a stepping stone for families into
homeownership.
• Families are able to pay an affordable rent and save money for a down payment on their home.
• Dakota County residents have access to a number of services through the CDA's
Homeownership Connection programs including:
- First Time Homebuyer Program
-Down Payment & Closing Cost Assistance
- Home Stretch Homebuyer Education
CDA's Development Proposal
• 45 unit family townhome development
- 33 two and 12 three bedroom units
- Tot Lot & Half Basketball Court
- Gazebo Picnic Area
- Small Office
• If approved, construction would begin in 2010 with occupancy in 2011.
• Townhomes will be constructed with durable, maintenance free materials including hardi-
board siding, brick and architectural shingles.
Goal is to provide high-quality affordable housing as a partner with the City ofApple Valley.
Site Selection
• Geographically dispersed from other CDA family townhome developments
• Located near shopping & employment opportunities
• Local amenities include public parks & trails
• Public transportation available on Pilot Knob Road (157th Station)
• Site is appropriately Comp Plan Guided
Commissioner Burke asked what population the CDA expects out of 45 townhome units.
Ms. Grill replied that the average household size is 3 people so the expectafion would be 135 people
total.
Commissioner Burke asked if the people on the waiting list have already gone through the
background screening.
Ms. Gill replied that background screening is not completed until people come to the top of the list so
that the CDA obtains current information.
Commissioner Melander asked what the mechanism is for monitoring who is living in the units.
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Mr. Kurt Keena, Director of Property Management for the CDA, answered that an on-site caretaker
acts as the "eyes and ears" on a regular basis. CDA developments tend to be smaller so management
knows who is supposed to be there and who is not. When a new person shows up, management finds
out about it very soon. Management actively engages the resident and asks if this is someone they
want to add to their lease and if so, they need to go through the screening process and if not, then they
need to leave.
Chair Churchill asked what happens if visitors create a disturbance.
Mr. Keena stated That the CDA proactively engages the resident. They are the person that the CDA
has a lease relationship with and the resident is responsible for their own conduct, the conduct of
family members and also the conduct of their guests. If guests or visitors are doing things that are not
acceptable, the CDA holds the lease holder responsible. If they cannot gain compliance, CDA asks
the resident to leave and therefore the guest or visitor no longer has a reason to come to the property.
Chair Churchill asked Mr. Lovelace to share the comments received at the last public hearing with
staff responses. Lovelace presented the following information.
A comment was received about the ability for vehicles to park overnight on Embry Path if the
driveway is full. Staff response -City code allows occupants of a residence to park vehicles in front
of that residence where there is not space available to pazk in the driveway of that residence: In this
case, the reaz and sides of the proposed dwelling units abut Embry Path and not the front, therefore,
overnight parking would not be allowed.
Comments were received regarding. storm water runoff for the project and where the runoff
that enters into Cobblestone Lake comes from. Staff response -According to the Assistant City
Engineer, surface water runoff from this development will be captured and piped to the pond
located in the northeast comer of Pilot Knob and 155th Street.. Water from the pond will then flow
to Cobblestone Lake, a regional storm water pond, through existing storm water infrastructure. .
Cobblestone Lake is a regional storm water pond that collects water from the eastern portion of
Apple Valley. This drainage area encompasses approximately 3,600 acres.
A comment was received regarding the aesthetics of the building. Staff response -The
building elevations for the townhomes indicate the use of lap siding, shakes, and brick as the
exterior finish materials. Staff has expressed their concern about the limited use of brick and will
continue to work with the petifioner on resolving that issue.
A comment was received regarding the increased amount of traffic that will be generated by
this project. Staff response - It is expected that the proposed townhouse development will generate
approximately 265 vehicle trips per day. A vehicle trip is defined as a motor vehicle moving from an
origin point to a destination point. Therefore, a trip to the grocery or school and back home would
equal two vehicle trips. Since this development is being proposed on property guided for medium
density residential uses, the City has designed a street system that would be able to absorb the amount
of traffic generated by this project.
Stoplights and stop signs will be installed in accordance with City, County and MnDOT regulafions.
S:\planning\PL.ANCOMM\2008 agenda & minutes\080608m.doc 13
Comments were received regarding crime associated with CDA developments. Staff response
-The Dakota County CDA currently has three family townhome prof ects in the city. According to
Pam Walter, Crime Prevention Specialist for the City, the CDA participates in the Crime Free Multi-
Housingprogram, which consists of manager training, security survey of the property setting up a
resident apartment Watch group. The property managers also regularly attend the monthly Multi-
. Housing Coalition meeting and take advantage of other training available through their participation
in the Crime Multi-Housing program. The CDA tracks all calls for service to their properties every 6
months and take any necessary acfion as warranted. Leases are terminated for serious or repeated
violations of any lease clause including drugs or abuse of alcohol. All CDA properties have on-site
caretakers and property managers visit the properties on a regular basis.
A comment was received regarding the value of their homes diminishing in value as the result of
this proposal. Staff response -Maxfield Research, Inc., a private real estate fim1 studied home sales
in surrounding neighborhoods surrounding affordable rental housing developments built between
1993 and 1997 in 11 Twin Cifies suburbs that included Burnsville, Eagan, Inver Grove Heights and
Lakeville in Dakota County. Their findings were the following:
• Prices of homes located near affordable rental housing grew at least as quickly after the
rental housing was built as before.
• Prices of homes located near affordable housing were as high or higher than those located
farther from rental housing in 98% of the cases.
• Home sellers generally received at least as high a percentage of their asking price for their
homes after the construction of nearby rental housing as before.
• Homes sold as quickly or more quickly after the construction of nearby rental housing as
they did before the rental housing was built.
A comment was received regarding the impacts of this development on the school district. Staff
response -School District #196 estimates that a townhouse will haue approximately .265 students per
unit. They break that number down fiuther and estimate that there will be .123 elementary, .055
middle school and .074 high school students per unit. Therefore, this proposed development would
generate 6 elementary, 3 middle school, and 3 high school students. These would be estimates that
the school district would use for their planning purposes, and these numbers may vary when other
factors are taken into consideration.
Elementary students would attend Highland Elementary, middle school students would attend Scott
Highlands Middle School, and high school students would attend Rosemount Senior High School.
School officials informed staff that all three schools would be able to accommodate the increase in
student population generated by this development.
Comments were received regarding the screening process for tenants. Staff response -The
petitioner has provided copies of their lease and application forms and information regarding their
screening firm who does credit checks and nationwide criminal history checks for all applicants. The
CDA also indicated that they do independent landlord and utility credit reference checks. All adult
members of the family are screened for a criminal rewrd, landlord references and credit history.
Arrest or conviction for serious crimes against people or property as well as poor landlord references
and rental payment history are a basis for denial.
A comment was received about whether the CDA would be adding more units in the future.
Staff response -The 22-acre site is currently guided for medium density residential uses, which
S:Aplanning~PLANCOMM@008 agenda & minutesV080608mdoc 14
would allow for construction of townhomes on the west 17 acres. The CDA currently has 16 family
townhome developments with a total of 487 dwelling units. The existing developments vary in size
from 21 to 42 units. Staff understands that the CDA likes to keep their family townhome
developments small and distribute them throughout the county so that a large number are not located
in one location. The CDA has not indicated whether they would purchase additional property in that
general location for additional units, but based upon past history, it does not appeaz that they would
expand at this location.
A comment was received regarding concern about use of the Cobblestone Lake community
pool; an association maintained pool, by the residents of the CDA townhome project. Staff
response - It is our understanding that the only relationship that this proposed development has with
the Cobblestone Lake development is ownership of the land.. The original owner of land in the
Cobblestone Lake development is Tradition Development, who also owns the 22-acre site.. The 22
acres were purchased after the approvals for Cobblestone Lake. The developer has had discussions
over the past several years with the owner regarding development proposals on the property and they
have always conveyed to the City that this would be a stand alone development and would notbe tied
to the Cobblestone Lake development.
The CDA has indicated that they would be a stand alone project and would not be associated with
Cobblestone Lake. Therefore, they would not expect that they would have any rights to amenities
granted to Cobblestone Lake residents.
A comment was received regarding the vision for the property north and east of the site. Staff
response -The property in question is a former sand and gravel mining operation that is currently in
the reclamation process. The current and proposed Comprehensive Plan land use map guides the
property for low and medium density residential uses and the Fischer Sand and Aggregate AUAR
land use plans are consistent with the Comp Plan designations. It is also expected that a future
neighborhood park will be constructed in this area.
A comment was received asking why this site was chosen by the CDA for this project. Staff
response -Generally speaking, a developer takes into consideration many factors when choosing a
site. These factors include surrounding uses, access, conflicting uses, availability of public utilities,
and physical characteristics of the site itself. More specifically, it is our understanding that the CDA
generally looks for property for their family townhome prof ects that are near shopping and in areas
that provide access to public transportation.
A comment was received that the proposed project does not fit with the surrounding area.
Staff response -The project is located on 4.8 acres of a 22.44-acre parcel, which is currently
guided for medium density residential uses and zoned for sand and gravel mining. The owner of the
property is requesting a rezoning of the property to "PD" (Planned Development) to allow for
development that will be designed in a manner so as to form a desirable and unified environment
within its own boundaries. The site is located near the Cobblestone Lake, Prairie Crossing, and
Apple Valley East developments, which all have unique characteristics. Staff would expect that the
development design on the subject property would not be in general conflict with surrounding uses.
The proposed townhome project appears to achieve that with its design.
A comment was received regarding any assurances that what the CDA say they will do, will
actually happen. Staff response -The application before the City is to consider a land use
S:~planning~PLANCOMM~2008 agenda & minutes\080608mdoc 15
proposal that involves rezoning, subdivision, and site plan building permit authorization for 45
townhome dwelling units. The planned development ordinance will establish area requirements and
performance standards for the proposed project many of which will be similar to requirements and
standards found in other townhome developments and planned developments in the city. The
developer will be required to adhere to all requirements set forth in the planned development
ordinance. With regard to issues such as background checks and crimes, the City, through its
enforcement agencies would monitor this type of activity in the same fashion as any other rental or
owner-occupied development in the city.
A comment was received stating that the pathway lights along Cobblestone Lake are not on at
night. Staff Response -City parks staff has indicated that they are having issues with the
operation of some lights on the north and east side of the lake. These lights are slated for removal
and replacement this fall. The lights around the lake will operate like streets lights, on in the
evening and off in the morning. If residents continue to see lights off at night, please contact the
city's parks department.
Commissioner Diekmann stated that the data cited by Maxfield Research uses the term "located near".
He asked if the research states a distance.
Mr. Lovelace replied that he received the study the day of the meeting. He will review it and provide
that answer at the next Planning Commission meeting.
Police Captain Michael Marben stepped forward to address the Commission. He stated that the
presentation is an expansion of what he presented previously. He presented some statisfics with a
comparison of community developed authority managed townhomes with on-site caretakers for the
year of 2007, and January through May of 2008. There are two properties in Apple Valley that are
CDA managed.
Chair Churchill commented that this has been an area of great concern. Many people have quoted
national statistics. It was stated that people living in these homes were more likely to be victims of
crime rather than perpetrators. She asked if the residents of the CDA townhomes are more likely to
be victims of crime than other people.
Captain Marben replied theyare no more likely to be a victim of crime than anyone else in Apple
Valley. Generally speaking Apple Valley is a very safe community made of people that enjoy living
here and take a lot of pride. in the community. There are no stafis6cs that would suggest that
individuals that live in CDA housing are more likely to be a victim of crime.
Chair Churchill asked Mr. Keena if the residents have an association or some other organization that
encourages neighbors to participate with each other.
Mr. Keena replied that there is no formal resident association at the townhome developments,
although there is in their senior buildings. Because of the layout of most. of the properties and the
number of residents that have children, there is a great amount of interaction amongst the adults.
Also, the developments actively participate in National Night Out and other activities that allow the
residents to get to know each other.
Chair Churchill asked Mr. Lovelace if he had anything else to add.
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Mr. Lovelace read into the record a letter from someone who had to leave. Kelly Maus, 18568 Euclid
Path, Farmington, submitted a letter. Her letter stated that she is a single parent of two-year old twin
boys. She lives just south of the proposed townhouse development and she is in support of the
proposal. Her income and monthly child support would make her eligible for this type of housing.
When she went to the CDA to check on housing, she walked out when she was told there was a three
year waiting list. She hopes that by that time she can afford on her own an apartment or townhoue.
As are many of the people that voiced concerns, she would also be concerned about neighborhood
problems and crime if she lived there. On the nights her boys are with their father, she gets home
from work after 2:30 a.m. She would be worried about being safe going home alone at that time of
night. Ms. Maus stated that she doesn't want to live in a neighborhood where she has to worry about
her boys being outside and exposed to other dangers like speeding cars. She doesn't want to have to
ask for help with her housing or to live in a CDA development any longer than she has to. In three
years her boys will be in school and she wants to become a nurse someday. But, in the meantime, she
wants to provide a clean and safe environment for herself and her boys. She doesn't think people like
herself and her boys are a threat to neighborhood crime and safety. She supports this project and
hopes that it can be built as soon as possible.
Chair Churchill thanked everyone who came to the July 16, 2008, meeting and spoke, as well as those
that attended the neighborhood meeting and those that have submitted written comments. She stated
that the City has received a number of communications from the community. The document entitled,
"2005 Criminal Victimization in the United States Statistical Tables" was referenced by a couple of
people in their written comments. While they are good statistcs, she wanted to point out that these
are national statisfics, not specific to Minnesota, Dakota County or to the City of Apple Valley.
Nobody in the city wants to be part of the bad statistics. She opened the hearing to public comment
and those that have new issues.
Kim Ritter, 13922 Franchise Avenue, she has overseen affordable housing for 65 apartment
complexes for 10 years. Partnership structures in affordable housing are typically made up of a
general partner and a limited partner. The general partner usually owns 99% andhas the incentive of
tax credits. When those tax credits burn off after 15 years, the general partner has no more incentive.
and they exit. the project. Please be aware that this is very common in partnership structures.
Deb Stehlin, 4556 142na Street West, stated that she is a pastor at a church and she is here because she
believes it is a moral issue how a community develops; who are we allowing an opportunity and who
are we denying an opportmity. We all want a good life. She encourages the Planning Commission to
think about the breadth of people in our community as we define what a good life is. All human
beings have equal worth.
Shelley Janos, 12 Hickory Street, Farmington, stated that she came because she sees how affordable
housing affects people on a daily basis. She works at the Department of Veterans Affairs and
processes claims for veterans that are totally disabled. The VA provides assistance to bring their
income up to $10,000 for a single veteran without dependents. They would not even be able to live in
this affordable housing. We need to provide more resources for them and people like them. And also
for people like herself who is a divorced, single parent. She has spent most of her life working two
jobs to provide for her kids or working one job with a lot of overtime. She would not qualify for
affordable housing either because she makes just a little too much. She doesn't think the statistics
adequately demonstrate the need out there for affordable housing.
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Community Development Director Bruce Nordquist asked the CDA to respond to the partnership
structure statement and the long-term history of their developments.
Ms. Gill stated that the CDA does enter into apublic/private ownership in the family townhomes.
The CDA is the general partner and the last 14 projects have been with US Bank as the limited
partner. US Bank is actually a 99.9% owner. The CDA structures partnership agreements with US
Bank so that they become the developer and manager of the development. Also, the CDA puts into
the agreements the first right of refusal so that the CDA can purchase them at the end of 15 years.
The advantage of having someone like US Bank as the investor, in addition to the CDA managing
these, the investor does come out and does inspections to make sure the property is maintained and
they also require money to be deposited into reserve accounts. Because the CDA has the intent to
purchase at the end of the 15 years, the CDA has an incentive to maintain them.
Chair Churchill asked if the CDA's intent then is to purchase the building outfight at the end of the
partnership agreement.
Ms. Gill replied yes.
Commissioner Helgeson asked what the history is then with previous properties.
Ms. Gill replied that the CDA owns two of them. One in Burnsville and the other one will be at
Glenbrook in 2009.
Chair Churchill asked what is the CDA's plan after the limited partner is no longer involved.
Ms. Gill replied that it is the same as their senior housing developments. The CDA owns and
manages that and the CDA's philosophy is to own well-managed properties and invest the resources
back into the properties. A lot of private properties do not have that same incentive.
Brian Kohorst, 15715 Diamond Way, asked if the Maxfield Research is available to the public. He
stated that the CDA plans to take 4-5 acres of the available 22 acres. He asked what the direction will
be for the remaining land.
Mr. Lovelace replied that the Maxfield Research study is auailable in the Planning Department at City
Hall.
Paul Stoll, 12686 Durango Place, stated that he is empathetic to those in the neighborhood that have
seen their property values drop; so has everyone. No matter what is said or presented there is a certain
fear or paranoia that mightbe dominating the feelings of the development's neighbors. This is not a
proposal for Section 8 people or poor people moving from Minneapolis to Apple Valley, this is a
work force housing proposal. If affordable housing with a high quality of on-going care, background
checks and the track record and reputation of the CDA isn't acceptable in Apple Valley, than where is
it acceptable? It should be acceptable in Apple Valley because the CDA has been part of the Dakota
County community for 36 years, because they care for and about their properties, they have
community interest at heart, their impact on neighboring properties is nil and they have built and
maintained over 50 properties and 16 townhome properties in and around Dakota County. He asks
the community who did background checks on your neighbors? These building projects will help
5:\plaming\PLANCOMM\2008 agenda & minutes\080608mdoc Ig
create or sustain jobs, meet Met Council goals, create housing near entry level jobs and help our
community grow and help people launch their lives. Leadership is about taking stands that are right
for the community and people. He really respects that the Planning Commission members volunteer
their time and make such a lazge commitment. He thanked them for their courage to make tough
decisions and he hopes that this project is approved.
Virginia Ecker, 2535 Concord Way, Mendota Heights, stated that there is a need for housing for
young families and who are just beginning their lives in the work force. The CDA has a reputation as
a great landlord and they have a national reputation for doing wonderful developments for work force
housing in this area. When management is competent, residents azen't all that different from their
neighbors. Affordable housing does not produce more traffic, doesn't increase crime and it doesn't
overburden the schools or the infrastructure and it doesn't lower housing values.
Nicolle Nicklas, 15642 Cobblestone Lake Parkway, said that she moved into the development four
months ago. The CDA stated there were a couple of evictions and she asked how long it took to get
the residents evicted. Also, there was a cocaine arrest and she asked what happened to this person.
She asked what happens to people if drugs are found on their property. Also, she asked if the
residents are re-screened. In her personal opinion, if the CDA is keeping up their management and
allowing good residents to live there, she has no problem with affordable housing near her home.
Mr. Keena replied that the eviction process lasts 30-60 days. Residents under lease termination are
accorded full due process rights and that includes a court hearing if they so choose. The CDA and the
residents are subject to comply with Minnesota landlord/tenant laws..
Chair Churchill asked Mr. Keena if the CDA would allow a person who was evicted for substance
abuse to come back to their housing.
Mr. Keena replied no. The CDA has zero tolerance for drug activity on or near the premises by the
residents. Whenever the CDA receives a police report that validates that there was a controlled
substance found in that unit, it's an immediate termination and the resident is not eligible for
readmission to the program.
Chair Churchill asked if they do their background screenings repeatedly once someone is there.
Mr. Keena replied no; the initial background screening is performed at the time of initial admission
into the program. It is not done on an annual basis. The CDA stays current with issues and addresses
them as they come up. They would not wait until a lease is up.
Chair Churchill asked what the CDA would do if there was an issue with a child of a resident.
Mr. Keena replied that the lease holder is responsible for what happens in the unit and also
responsible for what their children do. Since the CDA has a legal relationship with the lease holder,
they would address it with the resident. The parents must need help resolve the issue or their housing
is in jeopardy.
Cory Running, 15777 Diamond Way, cited Ordinance 155.379b. He questions why these units are
allowed to have only one gazage space. He thinks that with kids, people will need more gazage space
for bikes, etc. He feels that they should have to have two spaces like everyone else in Apple Valley.
S:\p]aoning~PLANCOMM\2008 agenda & minutes\080608m.doc 19
He questioned the CDA presentafion information about the minimum income of $16,000. He asked
how the $600+ rent per month is affordable to anybody. He also said the rate of police calls in the
CDA units are about one call per two units and the rate of calls in the Cobblestone Lake development
is about one in ten units. So, there is a difference in the amount of calls in the two developments.
Mr. Lovelace stated that ordinance 155.379 does cite multiple dwellings, including townhomes. The
ordinance states that 1 'h parking spaces with one garage space per unit should generally satisfy the
parking requirements; however upward or downward revisions may be required at the time of site
plan review based upon the accessibility of open parking spaces to all tenants and guests of the
multiple-dwelling complex. The City Council does have opportunity to make adjustments as needed.
The two existing CDA developments do have one garage space and one parking space. He also
recalled that there are some townhomes in the Regatta development that have single stall garages.
-Chair Churchill asked Mr. Lovelace to provide more information at the next meeting.
Robert Hirring, 15856 Duxbury Lane, stated that he is generally opposed to subsidized housing,
specifically because it is located next to the Cobblestone Lake development. There was an article in
the Pioneer Press on June 29, 2008, about affordable housing from both perspectives. One of the
favorable. aspects is people live close to where they work and mailable transit. The MVTA has a
limited bus schedule at the 157x' transit station. Seniors will not be using this transit to commute to
downtown Minneapolis. He spoke with MVTA, and they stated that they don't have the money to
expand the service. Also, he doesn't think that Tradition needs to sell-out just because this is the best
offer that they have. He would like to know if the CDA has ever sold any of their properties.. He
would also like to know how the ownership works. He is concerned about the funding for this
particular townhouse project and where that money is coming from. He also wants to know what
incentives Tradition is receiving: In regards to the aesthetics of the building, he would like to see
more windows and more of an open layout to fit into the character of Cobblestone Lake development.
Chair Churchill asked Mr. Lovelace to provide more information at the next meeting about MVTA
and the 157u` transit station.
Chair Churchill asked Ms. Gill to comment on whether the CDA has ever sold property.
Ms. Gill said that the CDA has never sold a senior or a townhouse development. The CDA's intent is
to acquire the buildings outright and keep them long-term. The CDA applies to a variety of funding
sources. The primary funding source is the tax credit, which over 60% comes from the investor. The
CDA does have a first mortgage and then they also apply to the Minnesota Housing Financing
Agency, which is another public agency. Also, the CDA applies to the Family Housing Fund, which
is funded by the McKnight Corporation; a philanthropic agency. The CDA does pursue philanthropic
grants that support affordable housing. The financing is a little bit different on each development.
Chair Churchill asked for confirmation that the CDA is working with City staff on the final design
appearance of the building.
Ms. Gill replied that the CDA is still working with City staff.
Chair Churchill stated that it would be helpful to have drawings with proposed landscape and
streetscape views.
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Cliff Dodge, 15749 Harwell Avenue, stated that he is a 20 year resident of Apple Valley and a faculty
member at the Apple Valley High School. There has been tremendous change and development of
azeas and parks. His family moved here from Chicago and a lot of things have kept his family here.
A great deal of pride in this azea is change and he is proud to call Apple Valley home. Fifteen years
ago, the city of Apple Valley was disconnected with surrounding communities, but now we aze
becoming one large community. Change allows people to live here. It's nice to see that citizens are
concerned with where they live as well as their community.
Chair Churchill, hearing no further comments, closed the public hearing. It is the policy of the
Planning Commission to not act on an item the same night as its hearing. This will be brought back
at the August 20, 2008, meeting. She stated that there were a lot of comments about what will
happen with the remainder of this land. Although it is not necessary for a planned development to
be prepared at the same time as the Commission takes action. on the initial application request, she
would like to suggest that the property owner consider bringing back a planned development so that
the community can see what might be coming forward. Also, she'd like the City to give a broader
view for this property. She thanked everyone that came tonight and everyone that has participated
in this process to date. The questions that were not answered this evening will be answered at the
next meeting on August 20, 2008.
D. Miss Marie's Learning Center C.U.P. - Consider a conditional use permit to
allow for a daycare operation in the "LB" (Limited Business) zoning district.
Associate City Planner Margaret Dykes stated that the applicant is requesting a conditional use
permit to place an approximately 1,500 sq. ft. child care center in the approximately 3,500 sq. ft.
Von Hanson's office building, located at 14510 Pennock Avenue. The "LB" zoning district allows
private daycare facilities as a conditional use. The center will be licensed to serve a maximum of 25
children (33 months to 6 years old), though the applicant expects there to be about 20 children in the
center at any one time. The facility is apre-school but will also offer child care services, so there will
be a wre of 15-20 students plus a varying number of children on site for child care. There will be 2
teachers and 1-2 aides. The facility will operate from 7 a.m. to 6 p.m. with school starting at 9 a.m.
The operator of the child care facility says that the hours are staggered so that there are not significant
traffic peaks for morning drop-offs and afternoon pickups.
There are 20 parking spaces on the-site. The daycare requires 12 spaces; the remaining office area
requires 11 parking spaces. The site is 3 parking spaces short. However, the Von Hanson's office
manager says that there aze usually only 3-4 people in the office, and another 3-4 people in another
tenant space. Because of the staggered start times for the child care facility, and the relatively low use
of the remaining office space, staff is comfortable with the pazking arrangement.
Access to the site is limited to Pennock Avenue via one driveway cut. The proposed child care
facility wuld generate up to.95 average daily trips (ADT). The remaining office area could generate
about 25 ADT; the total ADT from the site could be 120 ADT.
According to state statutes, a child care center must provide an outdoor activity area of at least 1,500
sq. ft., and such areas must be either within 2,000 feet of the center, or transportation must be
provided to the outdoor activity azea. The outdoor activity azea cannot be any farther than half a mile
S:\planning\PLANCOMM\2008 agenda&minu[es\080608m.doc 21
from the center. Carrollwood Park is half a mile from the site, which complies with state statute. The
applicant has stated it would be possible to construct a small outdoor play area around a portion of the
side and rear of the building, though at this time there are no plans for such an area.
Staff's opinion is that the daycare use complies with the zoning code and will not adversely affect
surrounding uses.
Commissioner Helgeson commented that Von Hanson's stated they did not need all of the parking
spaces and so the City lowers the requirements. He asked what happens if Von Hanson's sells the
property.
Ms. Dykes said that she is comfortable with that given the staggered start times of the school and.
the maximum amount of children that can be there at any one given time.
Commissioner Helgeson commented that he has a problem with the lack of an outdoor play area
and the distance to the park.
Ms. Dykes said that it is within the half mile limit.
Commissioner Helgeson asked where a small outdoor play area could be constructed if were added.
Ms. Dykes said along the side and back of the building.
Commissioner Helgeson asked if there are any setback issues with playground equipment.
Ms. Dykes replied that it would need to meet standard accessory structures, which would be 5 feet.
It would need to be fenced and the fence would be right on the property line.
Commissioner Helgeson said he didn't believe the site is appropriate for daycare because of the
distance to Carrollwood Park.
Ms. Dykes stated that it is within the half mile to the park, so even if the play area was smaller than
the 1,500 sq. ft., they would still meet state statute requirement.
The owner of Von Hanson's stepped forward to address the Planning Commission and stated that
they are willing to put up a fence for the school.
Commissioner Helgeson asked what the dimension width of the side and back of the building is.
Chair Churchill stated that it looks like 15 feet from the wall to the properly line.
Applicant Marie Zurick, owner and founder of Miss Marie's Learning Center, stated that it is not a
long distance to the park for children of that age. She has been in education-for 8 years and has
strict parameters. They also do inside activities which include movement, singing and playing
games. She has walked greater distances than this with children and has not had any issues. She
stated that she can present references from parents whose children have attended her school
regarding her and the safety of the children, if the Commission would like.
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Chair Churchill opened the hearing to comment from the public. Hearing no comments from the
public she closed the public hearing. Although it is not generally the practice of the Planning
Commission to act on an item the same night as the public hearing, the applicant is asking for a
motion this evening.
Chair Churchill asked Commissioner Helgeson if he was interested in adding a condition to the
recommendation for an outside play area.
Commissioner Helgeson said he would like to hear his fellow commissioners' opinions.
Commissioner Melander said that the petitioner is willing to add an outside play area.
Commissioner Helgeson said he would feel much more- comfortable even if it was only two swings,
a slide and a small wall. It doesn't have to be a huge investment, but just something where the
children can get out there and burn a little bit of the energy off without taking the entire group down
to the park. He said if the Chair is agreeable he would like to add a condition that includes adding a
fenced-in play area of an appropriate size and add some playground equipment.
Commissioner Diekmann said it is not the Planning Commission's role to dictate how a business
owner runs their business. He doesn't see a need to add that condition.
Commissioner Burke said he doesn't have an opinion.
Commissioner Helgeson disagrees and stated that the Planning Commission does it all the time by
restricting hours of operation, etc., although, if a parent doesn't want their child to go there, they
don't have to.
Chair Churchill asked for a motion.
MOTION: Commissioner Diekmann moved, seconded by Commissioner Melander to recommend
approval of a conditional use permit fora 1,500 sq. ft. child care facility in a "LB" (Limited
Business) zoning district at 14510 Pennock Avenue (Lot 7, Block 2, Valley Commercial Park 2nd
Addition) as shown on the plans received in City offices on July 16, 2008, in accordance with all
applicable City codes and standards, and the following conditions:
a) The child care facility shall only occupy 1,500 sq. ft. of floor area.
b) There shall be no more than 25 children in the facility.
c) The applicant shall provide the City proof of licensing by all necessary governmental bodies
prior to opening the child care facility.
The motion tamed 4-1. Commissioner Helgeson voted against because there was not an outdoor .
play area immediately adjacent to the building.
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7. LAND USE/ACTION ITEMS
A. Ringer Building Height Variance -Consideration of a variance from the 16
foot maximum height for an accessory structure to allow for the construction
of a detached garage, 19 feet in height.
Associate City Planner Kathy Bodmer stated that the petitioner is requesting a 3 feet variance from
the accessory building maximum height requirement to allow construction of a 19 feet tall
accessory building at 13772 Glazier Court.
The maximum height allowed for an accessory building is 16 feet. The owner, Joseph Ringer,
requests the 3 feet variance so that he can use roof trusses that are designed to have an additional
storage room in the attic of the building.
The Ringer property is located in the Scott Highlands First Addition which has mature trees and
rolling terrain. Mr. Ringer's back yard slopes upwazd to the back property line with a large flat area
adjacent to the reaz fence. There are dense plantings along the side property lines that help screen the
view of the property from neighboring properties.
Mr. Ringer would like to construct an accessory building with a roof truss system that is designed to
have a storage area in the attic. The accessory building will be 30' x 25' or 700 sq. ft: and will be 19
feet tall. The attic storage area will be over 7 feet tall, allowing a person to stand upright in the space.
The building will have an overhead door, a service door and two windows. The building will have a
gambrel-style roof, which is the style of roof that is typically found on barns.
In 1999, the Ringers added an 800 sq. ft. garage addition onto the existing 420 sq. ft. gazage. In total,
the home currently has 1,220 sq. ft. of gazage space and the equivalent of S overhead doors. The City
Code limits the amount of attached garage space to not exceed the area of the footprint of the home.
The footprint of the home is 1,773 sq. ft., so the size of the existing attached garage wmplies with the
code requirement.
The code allows a property owner to have a detached accessory building of up to 750 sq. ft. and a
smaller gazden shed of less than 120 sq. ft. as long as they meet all of the other requirements of the
code including setbacks, lot area coverage, distance from the home, etc. The requirement that limits
the height of the accessory building was established based upon the height needed for a typical gable
roof on a 750 sq. ft. building.
The petitioner provided signatures from 10 of his neighbors stating that they have no objections to the
variance request.
In order to grant a variance, the City must determine the following:
1) Special conditions applying to the structures or land in question are particular to such
property, or immediately adjoining property.
2) The special conditions do not generally apply to other land or structures in the. district.
3) The granting of the proposed variance will not be contrary to the intent of this ordinance
and comprehensive plan.
4) The granting of the variance will not merely serve as a convenience to the applicant, but is
necessary to alleviate demonstrable hardship or difficulty.
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Staffreviews variance applications based strictly upon the requirements of the state statutes and the
city code that require a demonstrated physical hazdship to be present in order for a variance to be
granted, and that logical alternatives are not available to the applicant. In this case, the petitioner
requests the variance to allow additional storage azea in a walkable space in the accessory building.
Given the fact that the owner already has 1,220 sq. ft. of gazage area, and is entitled to 750 sq. ft. of
additional storage area without any zoning issues, staff has difficulty finding a hardship that would
justify the need for the variance in this case.
The fact that the back yard is screened from neighboring properties helps to offset impacts to them.
The petitioner offered to drop the building 3 feet into the ground so that on three sides the building
would not exceed 16 feet. The front face would remain at 19 feet. Staff review finds that although
the granting of this variance does not appear to have an impact on the neighboring properties, there
does not appear to be a sufficient hardship demonstrated in order to recommend that the variance be
approved.
-The Planning Commission may find that the variance is appropriate to allow the owner to have the
additional storage azea in the attic. If the Planning Commission chooses to recommend approval of
the variance, any motion should include an affirmative reason.
Chair Churchill-asked Ms. Bodmer if she can remember any time that the Planning Commission has
granted a variance of this type.
Ms. Bodmer recalled a similar situation in 1994 or 1995; however, the lot was more constrained so
that owner did not have as much opportunity for storage space as is available in°this case. So it's not
the same comparison.
Commissioner NIelander said it is a good sized lot and heavily wooded. He doesn't see the impact on
neighbors.
Commissioner Diekmann said it would help him if the applicant could explain why he needs this
additional storage space.
Petitioner Joe Hinger, 13772 Glazier Court, stated he wants the extra space for a sealed room to store
wood because when he stores it in his garage, it warps.
Ms. Bodmer added some informafion that she thought may be of some help. She was wondering why
the City has a height limit of 16 feet. and so she spoke with the City's building official in regazds to
roof pitch. In the 1970's to mid 1980's, the typical roof pitch in Apple Valley was 4/12. In the mid
1980's to the 1990's, the typical roof pitch was 6/12. Today it is more of an 8/12 pitch. And with
some calculation, if Mr. Hinger was building this in a neighborhood with a steeper roof pitch and he
wanted to match the pitch of his house, it would require a height of 18 feet. She was trying to make
the point that the City's current requirements may not be reflective of what's out there today. This
type of roof probably was not considered when the requirements were put together.
Commissioner Diekmann stated that there are alternatives around this design to allow for 750 sq. ft. of
storage space.
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Chair Churchill told the petitioner that when the Planning Commission grants a variance they have to
think of other property owners in the City, what they might request and what kind of precedents they
might be setting by granting a variance just because the neighbors don't complain. That isn't a valid
reason. The Planning Commission has to look for a hardship or something that is consistent with an
established policy such as improving the house stmcture or improving the street presence. This does
not quite fit. There is plenty of room on the land to build something that is longer and wider, without
adding height. Ms. Bodmer made a good point that when the requirement was established it was done
so to maintain consistency with azchitectural style of the home that is on the property.
Commissioner Melander said there is no hardship here.
Commissioner Diekmann said there are other alternatives; it is not a hardship. The City wants people
to take care of their stuff and keep it inside. It looks like the petitioner has a nice place and its great
that he's putting money into it. The City isnot trying to deter him from doing it, just that there are
alternatives to the way he can do it.
Chair Churchill said the City must find a hardship on the land and the Commission doesn't see one.
She called for a mofion.
MOTION: Commissioner Melander motioned, seconded by Commissioner Burke to approve a 3 feet
variance for the height of an accessory building at 13772 Glazier Court. The motion failed
unanimously.
8. OTHER BUSINESS
A. Review of upcoming Schedule and other Updates.
Community Development Director Bruce Nordquist commented that the Planning Commission
should anticipate an informal session on August 20, 2008, at 5:00 p.m. or 5:30 p.m.
Commissioner Helgeson stated that he will submit his resignation at the August 20, 2008, meeting.
He would like the Planning Commission membets and City staff will have an informal gathering
afterwards at a place to be determined.
9. ADJOURNMENT
Hearing no further comments from the Planning Staff or Planning Commission, Chair Churchill
asked for a motion to adjourn.
MOTION: Commissioner Helgeson moved, seconded by Commissioner Burke, to adjourn the
meeting at 10:45 p.m. The motion carried 5-0.
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