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HomeMy WebLinkAbout09/18/2019 Minutes CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES SEPTEMBER 18, 2019 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann, Paul Scanlan and David Schindler. Members Absent: Jodi Kurtz Staff Present: Community Development Director Bruce Nordquist, Planner Kathy Bodmer and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 6 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, approving the minutes of the meeting of September 4, 2019. Ayes - 6 - Nays - 0. MOTION: Commissioner Burke moved, seconded by Commissioner Alwin, approving continuing the public hearing for Pennock Place conditional use permit, setback variances and site plan review to October 2, 2019. Ayes - 6 - Nays - 0. 4. PUBLIC HEARINGS - NONE - 5. LAND USE/ACTION ITEMS - NONE - 6. OTHER BUSINESS A. Sketch plan review of proposed ordinance to expand provision for accessory dwelling units to all residential zoning districts. Planner Kathy Bodmer stated a resident submitted a sketch plan to discuss extending the accessory dwelling unit (ADU) provisions found in Sect. 155.382 to the R-3 (Single family residential, 11,000 CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 18, 2019 Page 2 of 5 sq. ft. min. lot) zoning district. An accessory dwelling unit is a separate living unit created on a single family property, either within, attached or detached from the primary structure. Other names for these units include mother-in-law apartments or granny flats. An accessory dwelling is a second, but clearly accessory, living unit. The purpose of the ADU is not to split a single family home to create a duplex or two-family home, but is to create a smaller, supplemental separate living unit where the property owner remains on the property, living in either the primary dwelling or the ADU. In the case of this resident, he is not able to construct an ADU in his home because his property is zoned "R-3" (Single family residential, 11,000 sq. ft. minimum lot). In Apple Valley, ADUs are only allowed in Planned Development 703 (PD-703) Cobblestone Lake or "R-1" (Single family residential, 40,000 sq. ft. minimum lot) zoning districts. Currently, ADUs are only permitted in two zoning districts in the City: first, in Planned Development Zone 703, Cobblestone Lake, accessory dwelling units may be constructed and operated as a permitted accessory use. The ADU may be within, attached or detached to the primary home. One detached accessory dwelling was constructed above a detached garage that served as a sales office for the Cobblestone Lake area. The building has since been converted back to a garage with an upper level living space. Because ADUs are permitted by right in the zoning district, there may be other ADUs in Cobblestone Lake that have been constructed that required no additional permitting or review. Second, in the R-1 (Single family residential, 40,000 sq. ft. minimum lot) zoning district, property owners may apply for a conditional use permit (CUP) to construct and operate an accessory dwelling unit either within or attached to the primary dwelling unit; a number of conditions must be met in order to obtain the CUP. Stand-alone detached accessory dwelling units are currently not permitted in the R-1 zone. A number of other conditions must be met in order to obtain a CUP for an ADU. Since the ordinance was adopted in 2003, two conditional use permits have been issued for ADUs in connection with large home expansions. In the two cases noted above, ADUs were proposed to be occupied by family members and were constructed in connection with major home renovation projects. Gregg Rudolph, 4777 - 137th Street W., would like to make modifications to the lower level of his home to create a separate living area. In his attached letter, he explains that he lives in a large house and would like to remodel his home to create a separate dwelling unit for family members or others in his lower level. He reviewed the provision of the ADU ordinance currently required in the R-1 district by CUP and would like to have the ordinance expanded to residents in the R-3 zoning districts too. He would meet the performance standards required of R-1 properties, except for the minimum lot size requirement of 40,000 sq. ft. While reviewing the request to expand the provisions of the ADU ordinance into the R-3 zones by Mr. Rudolph, a few other residents called with similar interests. Ms. Bodmer reviewed additional points of interest that should be considered: CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 18, 2019 Page 3 of 5 nance allow ADUs in R-2 zones (Single family residential, 18,000 sf minimum) or PD (Planned Development) zones? If ADUs are allowed in R-1, should it be available to all single family zoning districts in the City? re the resident has a large lot? One resident is interested in constructing a detached ADU on a property that is over 1.5 acres. Currently, the ADU ordinance in the R-1 zoning district has the following performance standards: 1. Minimum lot size 40,000 sq. ft. 2. Owner must reside in either the primary structure or the ADU a minimum of 180 consecutive days during the year. 3. A lot with an ADU may not be subdivided or condominiumized. 4. Size of the ADU may not exceed 40% of the footprint of the primary structure or no less than 300 sq. ft. 5. The lot must be able to meet the impervious coverage requirements of Sect.155.350. 6. The ADU must be designed to be compatible in shape and overall design with the primary structure. 7. An ADU may be located within the existing structure or attached to the existing structure. No detached ADUs are permitted. 8. May convert garage space to ADU space only when room available for 2-car garage remains on the lot. 9. Maximum size of ADU 2 bedrooms and 3 people. 10. ADU must have a minimum of two off-street parking spaces available. No more than 4 vehicles may be parked outside a home with an ADU. 11. Maximum three ADUs within a 1/2 mile radius. 12. Home occupation allowed in either the primary residence or the ADU, but not both. 13. The entrance to the ADU must not be obtrusive to the front entrance to the home. 14. An ADU will only be allowed when demonstrated that such unit will not negatively impact the existing neighborhood. 15. An additional garage is permitted if only one garage is visible from the street. When the ADU regulations were first discussed in 2003, the City Council preferred to enact the ordinance on a limited scale before adopting it city-wide. The City has received no complaints and has had no issues related to the three ADUs that are officially permitted in the City. Today, approximately 165 parcels are zoned R-1 and are eligible to apply for a CUP for an ADU. Expanding the ADUs to the R-3 zoning district would allow the majority of the City residents to make a request for a CUP for an ADU. If the ordinance is amended to allow ADUs in the R-3 zone, the City should also explore expanding the ordinance to allow ADUs in other "R" zones and single family PD zones. Commissioner Alwin commented on the 40 percent of the footprint of the primary structure and that this could become an enforcement challenge. Commissioner Burke asked if the building would be increasing in size to create this ADU then the impervious surface would need to be calculated. If this is done city wide then you have the CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 18, 2019 Page 4 of 5 potential to increase the size of the house. Would one set of mechanicals make it different for a house where you have two sets of mechanicals for and would the need for separate meters be needed. Ms. Bodmer said t property owner living on site. Commissioner Scanlan commented that as long as there is not a door it acts the same as a single- family home. But in this case when the door is added, then the option could become a long term rental type of property. He asked how does something like this in a residential type of dwelling differ than in a commercial rental type of property and if there are components that have to come over to that for safety reasons. Ms. Bodmer said she would need to research that to make sure. She added the difference is the owner would have to be there in either of the two units where the ADU was created. The owner could rent it out and take income from that. Commissioner Scanlan asked if there was any place in the city where there might be restrictions on rental properties in residential zones. Ms. Bodmer answered not from a city standpoint. There could be covenants in neighborhoods but the City does not have dealings in that. Commissioner Scanlan inquired how the second driveway comes into play. Ms. Bodmer explained the restrictions regarding a second driveway on a corner lot. Commissioner Diekmann referred to the improved surface requirement to park or store a vehicle and asked how it is different from a driveway versus a parking area. Ms. Bodmer said the city code defines a driveway going from the public right-of-way to a garage. Commissioner Diekmann said then if it is beside a garage, one would have already passed the garage, how is that a driveway or a parking space if one is to put a boat there. Ms. Bodmer said that would be a hard surface storage area. Commissioner Diekmann asked if you can have a hard surface storage area on a non-primary entrance to the lot. Ms. Bodmer responded that staff would need to look at that and currently code does allow parking pads beside garages. Parking pads that are not driveways have been a concern. Commissioner Alwin asked that if a garage is converted to living space does the existing driveway to it need to be removed. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 18, 2019 Page 5 of 5 Ms. Bodmer said yes, the driveway would need to be removed. Chair Melander commented that this could an enforcement nightmare and impossible to monitor. th Gregg Rudolph, 4777 137 Street, the resident interested in this proposal, said he is motivated by the multi-generational concept and would like to rent out the basement while they are using the home and he did not want to take out permits and start construction without doing it right first. He added multi-generational living is becoming more popular. B. Discussion of the status of the draft 2040 Comprehensive Plan Update Community Development Director Bruce Nordquist introduced the material staff has prepared to update the Housing Chapter of the draft 2040 Comprehensive Plan. Staff had been in discussions with Metropolitan Council staff during the last several months regarding questions raised between the agency and the City. Multiple chapters had updates clarifying text, data, and maps. Discussion followed. C. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next regular Planning Commission meeting would take place Wednesday, October 2, 2019, at 7:00 p.m. 7. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Schinder moved, seconded by Commissioner Diekmann to adjourn the meeting at 8:56 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, /s/ Joan Murphy Joan Murphy, Planning Department Assistant Approved by the Apple Valley Planning Commission on . Tom Melander, Chair CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 18, 2019 Page 5 of 5 Ms. Bodmer said yes, the driveway would need to be removed. Chair Melander commented that this could an enforcement nightmare and impossible to monitor. Gregg Rudolph, 4777 — 137th Street, the resident interested in this proposal, said he is motivated by the multi -generational concept and would like to rent out the basement while they are using the home and he did not want to take out permits and start construction without doing it right first. He added multi -generational living is becoming more popular. B. Discussion of the status of the draft 2040 Comprehensive Plan Update Community Development Director Bruce Nordquist introduced the material staff has prepared to update the Housing Chapter of the draft 2040 Comprehensive Plan. Staff had been in discussions with Metropolitan Council staff during the last several months regarding questions raised between the agency and the City. Multiple chapters had updates clarifying text, data, and maps. Discussion followed. C. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next regular Planning Commission meeting would take place Wednesday, October 2, 2019, at 7:00 p.m. 7. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Schinder moved, seconded by Commissioner Diekmann to adjourn the meeting at 8:56 p.m. Ayes - 6 - Nays - 0. Res ectfully Submitted, Jo? Murphy, Plannin _ Dep , r anent Assistant Approved b th Apple Valley Planning Commission on i� 19' Tim BurkeVice-Chair