MOTION: Burke moved, seconded by Bergman, to approve the agenda. The motion carried 6-0.

MOTION: Burke moved, seconded by Churchill, to approve the minutes as submitted. The motion carried 6-0.

Chair Edgeton reconvened the public hearing, which was continued from the April 18^th meeting.

Assistant Planner Margaret Milton introduced the proposal, noting that the petitioner is bringing forth the same plan for consideration as was discussed at the last meeting. Milton reviewed the public hearing comments and staff's responses to them. She displayed an Option B, requested for evaluation by the Commission, that showed 138^th Street going straight as opposed to the curved version on the Siewert property, stating that staff supports Option A (the curved version) for a variety of reasons as indicated in the staff report.

Hadley asked if the turnaround had to be located at the end of the street, or if it could be designed in a place that would result in saving more trees.

Edgeton clarified that the Bachs could not develop without negotiating with their neighbors to the north regardless of whether this development occurs.

City Attorney Sharon Hills explained the differences between public right-of-way and private easements.

Peter Knaeble of Terra Engineering, representing the petitioner, said they concur with staff on the preference of Option A, as well as staff's recommendation for setback variances to save more trees. He also stated the turnaround would be constructed in conformance with city standards.

Churchill asked for an explanation of Bachs' access to sanitary sewer. Milton displayed possible connection routes, using an overhead.

Bergman asked about any impacts by the requirement to change to the "teardrop" cul-de-sac design. Milton said there would be no impacts.

Neal Krzyzaniak of Bridgeland Development, the petitioner, stated they are proposing an emergency turnaround that avoids losing a lot for development. He said Bridgeland is negotiating with the Bachs to develop their property. Krzyzaniak also noted that all four of the property owners are in agreement with Option A.

Edgeton asked if there were any new comments from the public.

Mike Booth of 4704 137^th Street requested an opportunity for neighbors on 137^th Street to leave the land undeveloped. Edgeton said that neighbors could purchase the property.

Rusty Mitchell of 4574 137^th Street said he was told when he purchased his lot in The Oaks that these (understood to be undeveloped portions to the south) would be 2 ½-5 acres minimum, and that the Tweeton property would remain, and that is why he bought the property. He also said he was concerned about traffic.

There being no further comments, Chair Edgeton closed the public hearing at 7:43 p.m.

Chair Edgeton opened the public hearing at 7:44 p.m. with the standard remarks.

Assistant Planner Margaret Milton described the project and the City's interest to assist Twin Cities Habitat for Humanity.

Bergman asked if the homes proposed would be maintenance free and compatible with the neighborhood, and whether the retaining wall would be keystone or boulder.

Hadley asked for clarification regarding the grading elevations. City Engineer Keith Gordon responded that the high water mark is at 943 feet. The petitioner will be asked to raise the lower level to 946 feet, one foot higher than shown on the plan.

Ryan Karis, representing Twin Cities Habitat For Humanity (TCHFH) distributed to the Planning Commissioners potential building elevations and floor plans for the project. Karis went on to describe the TCHFH program, including eligibility up to 50% of median income, required home ownership seminars and sweat equity. He stated their standard finish is maintenance-free vinyl siding and aluminum trim. The estimated investment for the two lots, including volunteer and professional labor, materials, etc. is $280,000. A similar home in Burnsville was appraised at $175,000.

Hadley asked if the materials were similar to the neighborhood, and Bergman asked about the composition of the railings. Karis replied that they have used both stained cedar and Trex (maintenance-free plastic composite) for railings.

Burke wanted to know the distance between the house and retaining wall, to which Milton replied about ten feet. The retaining wall is 4 feet high.

Churchill inquired whether the property to the south is to be developed, whether there is any opportunity for the City to improve it for a park or tot lot. She is concerned that children have space to play. Milton said it is part of the parcel the City owns.

Keith Vonnahme of 15981 Garrett Court said it seemed like there was a lot of low-income housing in that part of Apple Valley and wondered how those properties are selected. He also stated there are no ranch style homes in the current neighborhood.

Richard Asmus of 15987 Garrett Court asked what other properties were considered for the project. He went on to say the lots are not suitable, and that houses affect property values. He said he was concerned about the 10-foot back yard, safety and children.

Sophia Anaya of 15956 Garrett Court stated the traffic through Garrett Path is very heavy and high speed. A child running across the street is a grave safety concern. She asked what type of landscaping comes with the house and whether a fence is provided by TCHFH. Anaya said the pond is home for geese and other birds and wondered if there would be any environmental impact. She also asked the last time the depth of the pond was measured. Milton clarified that there would be no filling of the designated ponding area.

Bergman requested traffic counts on Garrett Path.

Jennifer Lee of 7219 157^th Street asked that further studies be done. She said real estate sales are in the $200,000-range so $175,000-homes may be a detriment.

Rusty Fifiend of 13283 Ferris Avenue stated he does development and housing consulting. He came to commend the City for finding opportunities for affordable housing in Apple Valley. He encouraged the continued support of these projects.

Hadley asked if ramblers are the only style of homes available. Karis said he is open to discussing all of the neighbors' concerns, and that TCHFH has other styles.

Alicia Schimke of 15935 Garrett Path stated the rambler style doesn't fit. She said she is upset to know construction could be going on because they specifically bought an end lot in an existing neighborhood to avoid that. She went on to say that she is concerned about property values, the small back yard and steep slope.

Mark Petro of 15915 Garrett Path noted that the storm water pond was changed when the (Majestic Cove) apartments were built. He also wondered why this location, why not a quad unit, whether the project would have any effect on the high water mark. He closed by saying it was not fair to have to endure construction in a finished community.

Gary Caracofe of 15875 Garrett Path said he opposed building on this site, that it would require substantial fill. He asked how it was determined that the land was not needed for the pond. Because there are lots of children in the neighborhood, he expressed concerns about construction and traffic into the neighborhood. He suggested alternative locations at 160^th & Cedar or the Galaxie & Garrett Drive area. He closed by saying if the homes are built, Garrett Path should be closed off from traffic at 160^th Street.

Jodi Koski of 15976 Garrett Court supported all the views of her neighbors. She expressed concern about increased traffic, her altered view in relation to property value, and the proximity of the proposed driveways to 160^th Street.

Edgeton asked that driveway locations be reviewed. Bergman requested school bus stops.

Joy Petro of 15915 Garrett Path said she lives on the pond and doesn't have a retaining wall. She questioned why retaining walls, and why in an existing community instead of one under construction.

Chad Harvey of 15885 Garrett Path asked if a construction schedule is set yet. He expressed concern with the styles of the homes. He said the water table of the pond has been quite high the last two years.

Vonnahme said the site is not suitable for homes with those tiny back yards.

Asmus acknowledged that the site is zoned for apartments, but questioned whether an apartment could be built there. Milton said there was a ponding easement on the site that has been vacated. The underlying zoning is High Density-Residential.

Hadley asked for clarification as to the pond encroaching into the proposed lots. Milton confirmed that is true.

Churchill requested a larger aerial section that shows neighborhood ground elevations.

Community Development Director Rick Kelley explained the City's policy to provide parkland within one-half mile of residents. The City does not, however, create vest pocket parks because of the amount of time to maintain them. The southern corner parcel provides access for City employees to maintain the pond.

Edgeton asked staff to define high density and compare to the low density being proposed.

Melander asked how long the parcel has been zoned High Density.

There being no additional comments from the public, Chair Edgeton closed the public hearing at 8:52 p.m.

Assistant Planner Kathy Bodmer described the request. She noted that staff and adjacent property owners prefer to have two entrances to the loading areas for the complex (Target, Best Buy, Party City).

Churchill asked for confirmation that the subject matter in the letter from the Wiebers' attorney was a private matter between the property owners, and not a consideration for the Planning Commission. Bodmer confirmed that to be true.

MOTION: Burke moved, seconded by Melander, to recommend approval of the following four amendments to Planned Development No. 244, Zone 1: (1) setback from 151^st Street reduced to 20 feet; (2) the number of required parking spaces reduced to 831 parking spaces; (3) amount of signage increased to allow entrance signs of no more than 55 square feet placed directly over the entrance doors of stores over 100,000 square feet in addition to one primary sign, and (4) amount of building coverage increased to 35%, all amendments conditioned upon the following: (a) approval of vacation of drainage & utility easement and execution of relocation agreement; (b) evidence of ownership or easement of "triangle Ford property" shall be submitted prior to release of the building permit; existing landscaping disturbed by the project shall be replaced; (d) sidewalk shall be installed along south side of 151^st Street as it abuts the property; (e) all requirements of amended MPCA's Indirect Source Permit Requirements shall be met. Motion carried 6-0.

Assistant Planner Kathy Bodmer described the request for subdivision, noting that all previous concerns by staff have been resolved.

MOTION: Melander moved, seconded by Churchill, to recommend approval of the Pahl subdivision by a metes and bounds description with the following condition: the property owner shall convey easements for the right-of-way of future Foliage Avenue. Motion carried 6-0.

MOTION: Churchill moved, seconded by Bergman, to adjourn the meeting. Motion carried 6-0. The meeting was adjourned at 9:09 p.m.