1. CALL TO ORDER

The City of Apple Valley Planning Commission meeting was called to Order by Chair Karen Edgeton at 7:00 p.m.

Members Present: Karen Edgeton, Jeannine Churchill, Thomas Helgeson, David Schindler, Jim Hadley, and Tim Burke

Members Absent: Tom Melander

Staff Present: Community Development Director Rick Kelley, City Planner Tom Lovelace, City Attorney Sharon Hills, and Assistant City Engineer Colin Manson

2. APPROVAL OF AGENDA

Chair Edgeton asked if there were any changes to the Agenda. Community Development Director Rick Kelley stated that Agenda Item 5A and Agenda Item 6A should be transposed. Item 5A, Cobblestone Lake South Shore, should be listed under Land Use/Action Items, and item 6A, Cobblestone Lake 5th Addition, should be listed under Public Hearings. Chair Edgeton called for approval of the Agenda as amended.

MOTION: Commissioner Hadley moved, seconded by Churchill, to approve the Agenda as amended. The motion carried 6-0.

3. APPROVAL OF MINUTES OF JUNE 1, 2005

Chair Edgeton asked if there were any changes to the minutes. There being none, she called for its approval.

MOTION: Commissioner Hadley moved, seconded by Churchill, to approve the minutes of the May 18, 2005, meeting. The motion carried 6-0.

4. CONSENT ITEMS

None.

5. PUBLIC HEARINGS

A. Cobblestone Lake 5th Addition - Consider Rezoning of a 3.6 Acre Parcel from "A" (Agricultural) to "PD" (Planned Development), Subdivision of Land to Create 7 Lots and 1 Outlot, and Site Plan/Building Permit Authorization to Allow for the Construction of 30 Townhomes

Chair Edgeton opened the public hearing with the standard comments.

City Planner Tom Lovelace presented the request from Tradition Development for a Comprehensive Plan Land Use Map amendment from the current designation "P" (Institutional) to a "MD" (Medium Density Residential/6-12 units per acre) designation, a rezoning from "A" (Agricultural) to "PD-703/zone 9" (Planned Development. The applicant is also requesting preliminary plat that will create 7 lots and 1 outlot, and site plan building permit authorization to allow for the construction of 30 townhouse dwelling units on approximately 2.97 acres of a 3.55 acre parcel. The unplatted parcel is located at the southeast corner of Eagle Bay Drive and old Dodd Boulevard (future 153rd Street).

Lovelace stated the Comprehensive Plan Land Use Map currently designated this proposed development site as "P" (Park), which was intended for park and open space purposes. The intention was that this parcel would be combined with the Apple Valley East Park, an 11.6 acre public park located to the east. The applicant has had a change of heart and now feels that the proper use for the property would be medium density residential. Lovelace reported that dedication of this site for public park purposes was not part of the park dedication requirements for Cobblestone Lake. The park dedication will be satisfied through the dedication of land adjacent to Cobblestone Lake pond.

Lovelace reported the applicant is requesting a rezoning of the property form "A" (Agricultural) to "PD-703/zone 9" (Planned Development), a new subzone classification that would allow for multi-family townhomes as a permitted use. The applicant had originally proposed the property be located in "PD-703/zone 3", however, the proposed development did not meet some of the requirements in zone 3 so a new subzone was created to accommodate this proposal. This new zone would be part of the Cobblestone Lake development. For clarifications purposes, Chair Edgeton stated that it was her suggestion that the applicant create a new subzone based on the requirement of the design guidelines that every home face the street. This proposal does not meet that requirement. Edgeton would like the ordinance amended in the future to allow for homes not facing the street.

The site is currently unplatted. The applicant is proposing to plat the 3.55 acre site into 7 lots and 1 outlot. Six lots will be used for the construction of townhouse buildings and the remaining lot will be used for a variety of purposes including common open space, guest parking spaces and a private street/drives. The plan identifies an Outlot A in the southwest corner of the site. Lovelace stated the applicant has not indicated what this outlot is intended for and it does not appear that it has the ability to be replatted for development, therefore, it should be incorporated into Lot 7. Molly Bruenig, representing the applicant, stated that the Outlot would be dedicated as public park area. Lovelace stated that he would need to verify this.

The site plan indicates the construction of one 4-unit, four 5-unit, and one 6-unit townhouse buildings on approximately 2.97 acres. The density for this project will be 10 dwelling units per acre. Access to the site will be via two private street connections to 153rd Street West. Access to the individual dwelling units will be via a private street, 24 feet wide and private drives that will be 20 feet wide.

Each unit will have a two-car garage and a driveway that will be able to accommodate parking of two vehicles. The site plan indicates that the off-street parking spaces will be 9' x 18'. City code requires that off-street spaces such as these adjacent to a curb be 9' x 18.5'. The applicant must revise the plans to meet City code. Twenty-two guest parking spaces are proposed for the development, which exceeds the minimum required rate of ½ space per unit. The offstreet parking area located along the south side of the building on Lot 3 encroaches into the sidewalk. Revisions must be made to create a through sidewalk. Modifications should also be made to the private drive along the south side of Lot 6 so that it doesn't extend to the south property line of Lot 7.

Sidewalks will be installed in front of the units and within the small triangular open area in the middle of the site. A pathway exists along Eagle Bay Drive and a portion of old Dodd Boulevard. The pathway will be extended along future 153rd Street and will intersect with the pathway along Eagle Bay Drive. A small sidewalk will also extend to the east that would connect to pathways within the Apple Valley East Park.

The applicant has broken up the massing of the buildings through the use of bay windows, decorative sills and headers, windows shutters, and width of the lap siding. The front elevation will have a small cover stoop. Roof gables will also help break up the front elevation. The applicant is proposing to use "Hardi-Plank" siding, which meet the requirements of the planned development.

The applicant needs to submit a revised grading plan to the Assistant City Engineer prior to issuance of any building permit. Revisions to the landscape plan shall also be made as per the Natural Resources Coordinator's comments in his memo dated June 10, 2005.

Chair Edgeton asked if anyone from the public would like to address the Commission, and if so, they may do so at this time. No comments were received from the public.

Chair Edgeton closed the public hearing with the standard comments.

It is the policy of the Planning Commission not to act the same night as its public hearing. However, since the proposed development was previously reviewed by the Planning Commission and the revised plans are minor, staff is recommending approval of the plan.

MOTION: Commissioner Churchill moved, seconded by Schindler, to recommend approval of the amendment to the 2020 Comprehensive Land Use Plan redesignating the property located at 15450 Dodd Boulevard fro "P" (Park) to "MD" (Medium Density Residential/6-12 units per acre). The motion carried 6-0.

MOTION: Commissioner Churchill moved seconded by Schindler, to recommend approval of the rezoning of the property located at 15450 Dodd Boulevard from "A" (Agricultural) to "PD-703/zone 9" (Planned Development). The motion carried 6-0.

MOTION: Commissioner Churchill moved, seconded by Schindler, to recommend approval of the Cobblestone Lake 5th Addition preliminary plat subject to Outlot A platted as part of Lot 7, Block 1, Cobblestone Lake 5th Addition. The motion carried 6-0.

MOTION: Commissioner Churchill moved, seconded by Schindler, to recommend approval of the site plan/building permit authorization to allow for the construction of 30 townhouse dwellings, subject to adhering to applicable city ordinances and the following conditions:

" Issuance of a building permit shall be subject to approval of the 2020 Land Use Plan redesignation, rezoning, and planned development ordinance amendments.
" A revised grading plan shall be submitted for approval by the Assistant City Engineer prior to issuance of any building permits.
" Revisions should be made to the length of the off-street guest parking spaces to bring them into conformance with city code.
" Revisions to the landscape plan shall be made per the Natural Resources Coordinator's recommendations as outlined in his June 10, 2005, memo.
" Modifications should be made to the private drive along the south side of Lot 6 so that it doesn't extend to the south property line of Lot 7.
" Revisions shall be made to the off-street parking area located along the south side of the building on Lot 3 that will allow for a through-sidewalk.
.
The motion passed 6-0.

6. LAND USE/ACTION ITEMS

A. Cobblestone Lake South Shore - Consider Rezoning, Subdivision, and Site Plan/Building Permit Authorization of the South 60 Acres of the Cobblestone Lake Development for Mixed Residential

City Planner Tom Lovelace presented the request from South Shore Development, Inc., for a rezoning from "PD-703/Zone 8" into a variety of subzones within the existing planned development district, subdivision of 57 acres into 65 single-family, 20 two-family, six (6) multi-family residential lots, one lot for a private swimming pool and nine (9) outlots to allow for the construction of 46 single-family, 10 duplexes, and 228 condominium dwelling units. The applicant is also requesting site plan/building permit authorization for the 10 twinhomes and 18 condominium buildings. The site is part of the over all Cobblestone Lake Development located along the north side of 160th Street West, west of Diamond Path, and is currently part of a sand and gravel mining reclamation project.

Lovelace reported the zoning request involves a change in the existing "PD-703/Zone 8" designation, which allows for sand and gravel mining to a variety of existing subzone designations and one new subzone. Blocks 4-9, 11, 12, and Outlot G would become Zone 1, which would allow for single family homes and parks; Blocks 2, 3 and 10 and Outlot C would become Zone 2, which would allow for twinhomes and private recreation buildings, community centers and swimming pools; Outlots A and B would become Zone 7, which allows for public parks and ponds, and Block 1 would become Zone 5, which is currently reserved and intended for high density townhomes and apartments with a maximum density of 24 units per acre. Because no uses and standards currently exist for zone 5, it will be necessary to draft those items as part of the approval for this development.

The preliminary plat request would subdivide the property into 65 single-family, 20 two-family, 7 multi-family residential lots, one lot for a private swimming pool and 8 outlots. The outlots are proposed to be used as a combination of public and private open space, and private drives.

The preliminary plat shows the subdivision of the 57-acre parcel into 12 blocks and 9 outlots broken down into condominiums, twinhomes, and single family residential lots. The preliminary plat also includes a swimming pool and park and trail designations. A copy of the detail of each designation and the issues associated with each was included in the staff report presented to the Commission.

The condominiums will be divided into 6 lots for 228 condominium units, and one common lot for trails, green space and parking. A total of 204 condominium units and 24 townhome units will be in Block 1. Lot 7 in this block will be used for private drives, green space, and pedestrian trails. Underground parking is provided for each lot. A paver grid system in the grassy areas between buildings on Lots 1 and 4, Lots 2, and 3, and the east side of the building on Lot 5. This will allow fire trucks and other emergency vehicles to have 360 degree access around the building. The Fire Marshal has reviewed the plan and has concerns about access to the condominiums. The applicant is requesting that the City allow them to use a paver grid system in the grassy areas between buildings on Lots 1 and 4, Lots 2 and 3, and the east side of the building on Lot 5. The applicant must submit information regarding the load weights and vehicle widths to be reviewed and approved by the Fire Marshal. Maintenance, including snow removal, will be the responsibility of the homeowner's association. The applicant has revised their plans to indicate the location of emergency access areas in the condominium area. The City Engineer will provide the necessary construction specification to the developer prior to the installation of the paver grid system. In addition, the location of address numbers on the condominium buildings must be reviewed by the Fire Marshal.

The twinhomes, Blocks 2 and 3, will each be divided into 10 lots for a total of 20 twinhome units. The number of units per acre is 5.05; the code requires a minimum of 6.7 units per acre. This will have to be addressed by the applicant. The buildings meet all required setbacks. Outlot C is to be a stormwater pond, however, the plan does not show the capacity of the pond nor does it show the required 15 foot buffer area. The buildings are walkouts with the rear elevations facing a stormwater pond on Outlot C. These units require 50 parking spaces. Each garage will have two stalls and the driveways are able to accommodate an additional car. Staff does not have any concerns with the elevation of this product. All buildings meet the required setbacks.

Blocks 4-9, and 11-12 will be subdivided into 65 single-family lots. All lots front roads, but the plan shows that Lots 9-12, Block 12, will face a private drive, shown as Outlot G. This configuration does not comply with the City's subdivision code. All single family residences must face a public road. An 8-space parking lot for the swimming pool located on Block 10 is shown off Outlot G. When Outlot G is dedicated for a public right-of-way the off-street parking lot will not comply with the City's zoning ordinance, which states that all off-street parking spaces shall access off driveways and not directly off a public street. The elevations for the single-family residences are for Centex products only and show all garages facing a street. This product cannot be used on Blocks 4, 9, and 11, which must have rear-facing garages. A drainage and utility easement located on Blocks 7 and 8 will need to be vacated. Additional information about this easement is needed from the applicant.

Block 10 is to be used for a swimming pool with a 1,448 sq. ft. poolhouse. The City Council approved the site plan/building permit authorization of the pool and poolhouse at their June 9, 2005, meeting.

Access from 160th Street West is from Public Street F, which has on-street parallel parking on both sides and a roundabout intersecting with Cobblestone Lake Parkway. The right-of-way is 86 feet, which is one-foot less than the required 87-foot wide right-of-way for entry streets. The roadway for Cobblestone Lake Parkway is consistent with the existing road in earlier plats of this development.

The City Engineer has reviewed the grading plan and has no major outstanding issues with the grading itself. He is concerned that the streets as shown on the plan do not appear to conform to City standards and would like to see revised plans addressing the comments n his memo dated May 26, 2005.

The Natural Resources Coordinator reviewed the landscape plan and does not believe that the applicant has provided enough information to allow for adequate analysis. A more detailed plan is required.

MOTION: Commissioner Helgeson moved, seconded by Churchill, to recommend approval of the rezoning from "Planned Development/zone 8" to the following:

" Blocks 4-9 and 11, and 12; and Outlots D, E, F, and G to "Planned Development/zone 1".
" Blocks 2, 3, and 10; and Outlot C to "Planned Development/zone 2".
" Block 1 to "Planned Development/zone 5".
" Outlots A and B to "Planned Development/zone 7".

The motion carried 6-0.

MOTION: Commissioner Helgeson moved, seconded by Churchill, to recommend approval of the preliminary plat for Cobblestone Lake South Shore, subject to the following conditions:

" Public Street F shall have a right-of-way width of 87 feet.
" Revisions should be to the roadway design as per the City traffic engineer consultant's recommendations as outlined in his memo dated June 2, 2005, and e-mail dated June 9, 2005.
" Drainage and utility easement per plat of DAKOTA COUNTY RIGHT-OF-WAY MAP NO. 263 shall be vacated prior to approval of the final plat.
" A drainage and utility easement shall be dedicated on the final plat over Outlots C, D, E, F, and G.
" A drainage and utility easement shall be dedicated on the final plat over Lot 7, Block 1.
" A drainage and utility easement shall be dedicated on the final plat over the east ten feet of Lot 7, Block 7 and the west 10 feet of Lot 8, Block 7.
" The parking spaces along the south side of Street E shall not be allowed.
" Amendments to Block 1 building layout.

The motion passed 6-0.

MOTION: Commissioner Helgeson moved, seconded by Churchill, to recommend approval of the site plan/building permit authorization to allow construction of 20 twinhome dwelling units on Lots 1-10, Block 2 and Lots 1-20, Block 3, in conformance with the site plan dated June 8, 2005, and elevation drawings dated May 11, 2005, subject to meeting all applicable city codes. The motion passed 6-0.

MOTION: Commissioner Helgeson moved, seconded by Churchill, to recommend approval of the site plan/building permit authorization to allow for construction of 15 multi-family buildings that will have a total of 228 condominium dwelling units on Lots 107, Block 1, in conformance with the site plan dated June 15, 2005, and elevation drawings dated May 11, 2005, subject to meeting all applicable city codes. The motion passed 6-0.

7. OTHER BUSINESS

None.

8. ADJOURNMENT

MOTION: Commissioner Churchill moved, seconded by Burke, to adjourn the meeting at 7:42 p.m.