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HomeMy WebLinkAbout06/03/2015 Meeting Location: Municipal Center City of 7100 147th Street West Apple Valley, Minnesota 55124 JUNE 3, 2015 PLANNING COMMISSION TENTATIVE AGENDA 7:00 P.M. This agenda is subject to change by deletion or addition to items until approved by the Planning Commission on the date of the meeting. 1. CALL TO ORDER 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES OF MAY 20, 2015 4. CONSENT ITEMS A. ISD 196 Transportation Hub Facility – Continue public hearing for ISD 196 Transportation Hub Facility until June 17, 2015, meeting. LOCATION: Northeast corner of Johnny Cake Ridge Road and Upper 147th Street West PETITIONER: ISD 196 B. Celts Craft House Conditional Use Permit – Authorize extension of Conditional Use Permit 2008-107 for outdoor café/seating area at Grandstay Hotel. LOCATION: 7083 – 153rd Street W. PETITIONER: Celts Craft House 5. PUBLIC HEARINGS --NONE-- 6. LAND USE/ACTION ITEMS A.Outlot C/Community Cares Property Rezoning – Consider rezoning of two properties from “A” (Agricultural) to “BP (Business Park) for consistency with 2030 Comprehensive Plan (PC15-15-Z) designation of “IND” (Industrial). LOCATION: Southwest of Energy Way and Pilot Knob Road PETITIONER: City of Apple Valley B. Cobblestone Lake 7th Addition – Consideration of subdivision of approximately 3.7 acres of property for the purpose of constructing 37 townhomes; and the completion of a Comprehensive (PC15-13-ZSB) Land Use Map amendment and rezoning. LOCATION: Northeast corner of Eagle Bay Drive and Dodd Boulevard PETITIONER: South Shore Development, Inc. 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, June 17, 2015 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, May 20, 2015 -Site plan, variance applications due by 9:00 a.m. on Monday, June 8, 2015 Wednesday, July 15, 2015 Regular Scheduled Meeting 7:00 P.M. Public hearing applications due by 9:00 a.m. on Wednesday, June 17, 2015 -Site plan, variance applications due by 9:00 a.m. on Monday, July 6, 2015 NEXT CITY COUNCIL MEETINGS Thursday, June 11, 2015 Regular Scheduled Meeting 7:00 P.M. Thursday, July 9, 2015 Informal Meeting 5:30 P. M. Regular Scheduled Meeting 7:00 P.M. Regular meetings are broadcast live on Charter Communications Cable, Channel 180. Agendas are also available on the City's Internet Web Site http://www.cityofapplevalley.org. 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, Angela Polozun and Paul Scanlan. Members Absent: David Schindler Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Planner Kathy Bodmer, Planner Margaret Dykes, Assistant City Engineer Brandon Anderson and Department Assistant Joan Murphy. Chair Melander introduced the new Planning Commissioner Angela Polozun. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL OF MINUTES MAY 6, 2015 Chair Melander asked if there were any changes to the minutes. Hearing none he called for a motion. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of May 6, 2015. Ayes - 4 - Nays — 0. Abstained — 2 — Alwin and Diekmann. 4. CONSENT ITEMS CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES MAY 20, 2015 A. Central Village West — Set public hearing for June 17, 2015, 7:00 p.m. to consider amendments to PD-739, and rezoning of property from PD-739, Zone 1 and 2 to PD-739, Zone 4. LOCATION: Generally northeast of Garrett Avenue and 153rd Street W. PETITIONER: City of Apple Valley MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, adopting resolution setting a public hearing for June 17, 2015, to consider amending PD-739, CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 2 of 13 Zone 4 to allow for publicly owned parking facilities; and rezoning the following properties from "PD -739, Zone 1 to "PD -739, Zone 4 (Planned Development): a. Parcel 1: Lot 1, Block 2, Village at Founders Circle (proposed parking lot) b. Parcel 2: Lot 1, Block 3, Village at Founders Circle c. Parcel 3: Lot 2, Block 3, Village at Founders Circle Ayes - 6 - Nays — O. 5. PUBLIC HEARINGS A. Embry Estates Second Addition — Public hearing to consider replat of two existing residential lots of record to exchange approximately 1,600 sq. ft. of property between the two lots at 13599 and 13609 Embry Way. (PC15-19-SF) LOCATION: 13599 and 13609 Embry Way PETITIONER: Michelle Klemz, and Deirdre and Larry Mechelke Chair Melander opened the public hearing at 7:02 p.m. Planner Kathy Bodmer stated the owners of the properties at 13599 and 13609 Embry Way wish to exchange approximately 1,600 sq. ft. of property between each other which would result in reconfigured lot lines. In order to do that, the owners must replat their existing platted lots. The two lots are fully developed, so no new development would occur as a result of the proposed subdivision. The exchange is roughly equal between the two properties, so there will be little impact to lot sizes. All buildings meet the required setbacks from the relocated lot lines. No other zoning or subdivision issues have been identified. Commissioner Alwin asked if there were any existing fences that could cause issues. Ms. Bodmer answered that she did not believe so. She was told by one of the residents that a surveyor would be going out soon to stake the property lines. Chair Melander inquired for clarification that both property owners wanted to replat their land Ms. Bodmer answered yes. Chair Melander closed the public hearing at 7:06 p.m. MOTION: Commissioner Diekmann moved, seconded by Commissioner Burke, recommending approval of the subdivision by preliminary plat of Embry Estates Second Addition, subject to compliance with all City Codes. Ayes - 6 - Nays - 0. B. ISD 196 Transportation Hub Facility — Public hearing to consider subdivision by preliminary plat to create 10.22-acre parcel, conditional use permit for operation of bus storage and maintenance facility with screened outdoor storage area for no more than six (6) buses, and site plan review/building permit authorization to construct a transportation hub facility for 84 buses. (PC15-20-SCBG) CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 3 of 13 LOCATION: Northeast corner of Johnny Cake Ridge Road and Upper 147th Street West PETITIONER: ISD 196 Chair Melander opened the public hearing at 7:07 p.m. Planner Kathy Bodmer stated Independent School District 196 wishes to construct a transportation hub facility on the northeast corner of Johnny Cake Ridge Road and Upper 147th Street West. The facility would include a bus garage for storage of 84 buses, bus maintenance, office, fenced temporary storage for a maximum of six buses, and a free standing bus wash and fueling area. The zoning ordinance does not specifically list a bus storage and maintenance facility as a use in the I-1 zone. However, a truck and freight terminal and maintenance facility is allowed by conditional use permit in the zoning district, which is similar to a bus storage and maintenance facility. The proposed subdivision of the 15.8-acre property would create a 10.2-acre lot for the transportation hub facility and a 5.6-acre outlot for future development. ISD 196 and the property owner propose to not extend Evendale Way out to Johnny Cake Ridge Road as previously planned. Instead, the property owner proposes to terminate Evendale Way with a cul-de-sac south of the pipeline easement that bisects the property. The owner would request a vacation of the Evendale right-of-way dedicated north of the cul-de-sac. Vacation requests are reviewed by the City Council. Three access points are shown to the site: a right-in right-out access onto Johnny Cake Ridge Road and full access onto Upper 147th Street West and Evendale Way. The primary entrance to the site would be the Upper 147th Street West driveway. The Assistant City Engineer is concerned about the location of the access on Johnny Cake Ridge Road and would like to have it moved north to provide a right turn lane with a minimum stacking of two buses plus a 60 taper. A preliminary traffic study was conducted by the School District which would be reviewed by the Assistant City Engineer. She commented that the Assistant City Engineer provided a memo which identifies several technical issues related to the project. Currently, no water lines are shown extended to the buildings. In addition, there are gaps in the grading plans that would need to be confirmed to ensure proper stormwater drainage within the site. A plan showing the future full build-out of the site is needed to confirm easements and utility locations. The proposed facility would be located immediately south of the Scottsbriar neighborhood. Screening of the facility from the neighborhood to the north is proposed to be a combination of 8' tall wood privacy fence and landscaping. The School District has hired a noise consultant, David Braslau, to analyze noise levels that would be generated by the facility. Buffering between the residential neighborhood and the proposed facility would be essential and staff is concerned about the adequacy of the screening provided. A cross-section drawing is needed to evaluate the proposed screening. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 4 of 13 Chair Melander asked where the buses are parked now. Ms. Bodmer answered that they are now stored in two locations, the Rosemount facility and Diamond Path facility. Chair Melander asked if the intent when the buses come to the proposed facility that they would be inside the storage area with the 14 doors on each side. He asked if the buses would not be in the parking lot area and they would be stored inside. Ms. Bodmer stated that is a good question and that the biggest transportation times would be early morning and then that afternoon again. We would expect some in and out traffic during the day and that would be a question ISD 196 could answer. Commissioner Scanlan inquired if there had been any other configuration discussed with the City so as not to have bus storage next to the residential area by moving it south versus having it in the north position that it is. Ms. Bodmer replied that it had been reviewed and the idea of the garage configured north/south rather than east /west. She said she would asked the district to provide more information on this. In order to do the staging and get the buses in and out efficiently they would have to have two buildings with an open corridor so the thought was that by doing this there is better screening for the neighborhood as long as those doors are down on the north side. Earlier plans were kind of sketched out and reviewed and that seemed to be the best layout. In terms of placing the building south on the site, she did not believe that was reviewed but there is a challenge on the property and that is there is a very large pipeline easement that is cutting right through middle. Putting the building to the south would have been a challenge from a design standpoint. Commissioner Scanlan asked if there were any elevation changes between the residential and the proposed build area. He asked about the wall and if there are different elevations as far as wall height and a berm or what is the proper way of screening noise control and so forth. Ms. Bodmer commented there is a little bit variety out there because some properties do have a berm and others do not. The City's understanding is that ISD 196 is refining their grading plan so there is probably more work that needs to be done. So that would have to be looked at in more detail. Chair Melander emphasized that a 12 foot fence is an extraordinarily high fence. Ms. Bodmer said the maximum height of the fence that the City normally would allow is 8 feet so a variance would be needed to go up to a 12 foot fence. Chair Melander inquired if there were plans as to how that would be designed or how it would look. Ms. Bodmer replied that the plans so far indicate that the fence would be wood. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 5of13 Chair Melander said he would like to see details on the fence before they go farther. Community Development Director Bruce Nordquist requested clarification from Ms. Bodmer that this is obviously one type of use that is being proposed in this type of zoning district. He asked for a comparison of the property to the west in terms of zoning how this property is similar or different. Ms. Bodmer replied that the two developments actually have different zoning designations but it is a very similar use. In an I -1 zoning district office warehouse would be a permitted use. She reviewed the different types of business facilities in the current office warehouse. There are different uses and different activity levels. She could not go into other detail without doing further research. Mr. Nordquist commented that those are not owner occupied spaces but tenant spaces and a little harder to determine what types of tenants might come into the buildings. This proposal is very clear, exactly what is going to be moving forward. He commented he wanted to make that clarification. Commissioner Scanlan asked what type of material would be used for noise control and he would like further discussion of options for noise control that may include masonry concrete versus wood materials. He would like further feedback on the best materials to use. Scott McQueen, Wold Architects representing ISD 196, said they looked at a number of alternatives on this site. The gas line does bisect the property. Locating the building in a north/south direction rather than east /west would show more bus activity. Buses would return from the north side of the building. One -third of the buses do not come back during the day. Washing and fueling of buses would take place on the south side of the site. Service bay location would also be on the south end. There would be plantings and screening between the Lifeworks facility and the bus garage. There is a significant berm now and it is mostly on the neighborhood side. There are mature trees there now. They could add to the berm and go much higher but were told that would not work due to drainage. Their best compromise was to start looking at a fence for screening and noise. They do not want to affect the trees that are there now. There are some access issues that are still in discussion. Commissioner Alwin questioned if traffic from the site would exit onto Upper 147th Street and would continue west and then south rather than north on Johnny Cake Ridge Road. Mr. McQueen said bus drivers take the path of least resistance. They space out their exiting like 5 or 6 buses every 5 minutes over the peak hour so as not to create a traffic Jam for themselves. They are encouraged to do right turns, not stack up and burn as little of fuel as possible. It is all based on efficiency. For the first month of learning this facility they will develop some patterns that are good for the traffic system. Commissioner Alwin confirmed that the right in/right out on Johnny Cake Ridge Road is not necessarily the only way those buses will go when they get to Johnny Cake Ridge Road. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 6 of 13 Mr. McQueen replied that is correct. They will find that the drivers would choose both routes. Commissioner Diekmann asked if there were plans for an expansion to the east parcel. Mr. McQueen answered that they had studied this. At this time they had not planned to expand. The buses are currently housed to the east and in Rosemount. They only plan to service 1 /2 the district buses at this location. If there is any future growth it would be in Rosemount where there is more open land. The general trend would be more eastward. Chair Melander asked for clarification that the reason you need this facility is for efficiency, saving time and saving fuel. Mr. McQueen said mostly for transport efficiency. Chair Melander said he imagines it is difficult to find a place now that saves the buses. Mr. McQueen answered correct. Commissioner Scanlan asked for more detail what the architecture and colors would be. Mr. McQueen answered they are not at a color phase yet but the storage building would mostly consist of garage doors. There would be some slices between doors and there would be service bays and some kind of masonry product. The office building would be mostly masonry with windows. Commissioner Scanlan asked if larger renderings could be brought back to the next meeting so the general public would have a better understanding of what is going in here. Mr. McQueen said they could start to work on it with their client. Chair Melander asked if he could provide more information on the fueling station. Mr. McQueen said there would be two pumps with a covered canopy and below ground tanks with spill protection. Mr. Nordquist asked what the center of the building height would be. Mr. McQueen answered it would be 25 feet in height at the maximum. Mike Erdmann, 5936 — 144th Street W., commented he is in support of the school district in savings. Not in favor of this proposal. He had a concern for noise and traffic it will generate. He said plans previously presented had an increase in the berm that exists on the north end of the property. He had not heard about the 12 foot high wall. He does not agree that the berm is shared. He would like the stakes identified. He said Wenck Associates usage data was provided by ISD 196. He would like ISD 196 to provide more information if future expansion would be possible. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 7 of 13 He does not believe the data provided by the district was studied for the use. He had traffic concerns with right in/right out on Johnny Cake Ridge Rd. He said there is traffic with the Montessori school students. He has concerns for accidents. He said northbound traffic on Johnny Cake Ridge Road that drivers need to turn right on 144th Street W. do not have a turn lane. He expressed concern for cars driving behind him and not seeing directional signals on for a right turn. He feels the traffic studied was not considered of buses going on 147th Street to Pilot Knob Road. He also feels traffic was not studied at 142nd Street and Johnny Cake Ridge Road either. Usage of the site would avoid peak hours and they agree with this. He feels their rush hour has just gotten longer. He was skeptical of the analysis. It is not just entering into their neighborhood from the north. There are inattentive drivers. He provided pictures of 147th Street and Johnny Cake Ridge Road. They did not think an increased size of the hill would be erected. He thought an 8 foot wall would be erected on top the berm. He wants the property lines identified and asked what the setbacks are. Diagram shows 55 feet. Buses are going to be very close to where the kids use the land for sliding during the winter and water sliding during the summer. He commented drainage would not increase since the district does not plan to add to the berm. He was happy to hear that idea was abandoned. He expressed concern for a 12 foot wall in his backyard. He asked for the Planning Commission not to act on this proposal until it can be worked out. He does not want to see a bigger hill which would be too hard to maintain. He does not feel a 12 foot wall would help preserve the integrity of the neighborhood. He does not think their property values will be preserved and commented who wants to live next to a big noisy stinky bus depot. It drives the property values down because less people would be interested in the property should we choose to sell. He expressed concern for noise and the noise ordinances and feels buses would be heard in the morning hours before 6:00. He believes the vapors would accumulate when the wind blows from the south to the north across the fields. He expressed concern for the lights on the north side of the building and does not know if the noise wall constructed would abate the lights on the building. He felt if the architect and ISD 196 had concerns for fuel consumption they should simply park the buses at the other schools for the day. He feels if the bus drivers would consolidate then the buses could be left at the other schools. He said he walked around the neighborhood and had a petition with 103 signatures opposing the transportation hub. Ms. Bodmer addressed a couple of Mr. Erdmann's questions stating that the City does not have surveyors on staff to locate property lines. That would be the responsibility of the property owner. The minimum building setback from the north is 60 feet and the building is shown 86 feet from that north property line. The minimum setback for the parking lot is 20 feet and the plans show 20 feet from the north property line. Merle Garthune, 5887 - 144th Street W., questioned why it is that they only have one site they are looking at. Why are multiple sites not considered. He commented he agrees a lot with the previous speaker. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 8 of 13 George Geiger, 14596 Europa Way, added that 84 buses means 84 drivers and their cars coming and going will clog 147th Street and thinks this should be addressed. Commissioner Diekmann asked ISD 196 as to what time of the year this facility will operate. Is it just the school year or also include summer time activities. Randy Dukek, Transportation Coordinator for ISD 196, answered that the facility would operate during the school year during the regular school hours and some during the summer hours. Commissioner Scanlan, questioned if the buses need to be warmed up and how long do they need to idle. Mr. Dukek answered that most buses are diesel and are plugged in at night in that building. Drivers have about 15 minutes from the time they punch -in in the morning, pre -trip and leave. Idle time is usually less than 10 minutes. Buses get warmed up as they drive to their first stop. Commissioner Scanlan questioned that buses do not sit idling more than 5 -10 minutes. Mr. Dukek answered correct. Commissioner Scanlan asked what the fleet turnaround time was and when they are turned over to new buses. New bus technology with diesel engines is not like the old diesel buses. Mr. Dukek replied that buses are turned over at around 12 years. There was a retro fit program. Emissions are greatly reduced. John Prosser, 14430 Exley Lane, stated he would be impacted by the traffic on 144th Street and 142nd Street. He asked for the Commission and staff to put themselves in their position so you see what it feels like to be in their shoes with a bus garage coming in. He thinks the Planning Commission is opened minded. He added that they are all against this project and would like another place looked at for this. Ed Martin, 14639 Europa Way, commented he moved into Mistwood last year. He said there would be fumes blowing his way and he was against it. He also expressed concern for the amount of traffic. Ken Franzen, 14555 Europa Ave, commented Europa Avenue should also be considered when traffic issues are studied. Nick Sawka, 5910 - 144th Street, added that with this facility being a maintenance facility he is sure there will be air tools used which are extremely noisy. The fence may abate the lower level sounds of the bus engines but there is no way it will stop the noise of that facility. Merle Garthune, 5887 - 144th Street W., inquired why ISD 196 did not answer the question he asked earlier as to why another site was not considered. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 9 of 13 Chair Melander commented that Apple Valley has much less land devoted to industrial zoning than other surrounding communities. There is not much to choose from in Apple Valley if you want industrial zoning. That puts some heavy constraints on it. Nick Sawka, 5910 - 144th Street, commented there are three properties just to the west across Johnny Cake Ridge Road that are open and questioned why ISD 196 did not look at them. Chair Melander reported that the Planning Commission responds to what the land proposal is. ISD 196 put in an application where they might want to locate and it is the responsibility of the Planning Commission to respond to it. Jay Baumgartner, 14335 Excelsior Lane, expressed that traffic is going to get worse. Traffic will double. He referred to Bruce Nordquist's comment about land to the west. He said that is a completely different environment there and there are no houses and no noise walls needed. He said any development that requires a 12 foot wall is not appropriate to be butting up to houses. He feels this is not an appropriate use for this property. Commissioner Alwin asked Ms. Bodmer about a traffic comparison of net new versus what is there today. He added that buses are running now. Ms. Bodmer said the Assistant City Engineer is looking into that. Commissioner Scanlan asked what the hours of operation of the maintenance facility would be and how noise would be controlled. Mr. Dukek reported that there would be full service maintenance bays and four mechanics there. Mechanics would be there from 5:30 a.m. to 6:30 - 7:00 p.m. The facility would not be air conditioned and the doors would be opened. Mike Erdmann, 5936 — 144th Street W., commented that any further traffic study should include the Uponor expansion with additional employees. He requested that be included in the consideration. Commissioner Burke asked Ms. Bodmer if she could find out what the wind directions by month are in Apple Valley for the school year because a number of residents had concern about odor. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, leaving the public hearing open. Ayes - 6 - Nays - 0. 6. LAND USE /ACTION ITEMS A. Eriksmoen Cottages Driveway /Garage Variance — Continuance of request for a variance to allow for the retention of a second attached garage and driveway as part of a conversion of a twin -home into a single-family dwelling. (PC15 -21 -V) LOCATION: 13980 -82 Holyoke Path CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 10 of 13 PETITIONER: Eriksmoen Cottages and Brett Foss City Planner Tom Lovelace stated a building permit has been issued that would allow for the conversion of an existing two- family home into a single- family home at 13980-82 Holyoke Path. The purpose of the conversion is to allow the structure to operate as a day -care home that would be operated by Eriksmoen Cottages, Ltd., a company that provides in home foster care. The operator would provide services to individuals transitioning from institutional and supported living to independent living. They may or may not have physical disabilities as well as the need for independent living skills. Their program allows each individual private space in which they can get used to their independence and communal space where they can work on skills with support from the company's team members who will be present 24/7. The subject property is currently occupied by a twin -home on a one -acre lot. The property is currently zoned "R -5" (Two- Family Residential), which allows for two - family dwelling and any permitted, conditional or accessory use in the "R ", single family districts, as listed in §§ 155.051 through 155.053. This includes one - family detached dwellings and community -based family -care home, day -care home licensed under M.S. § 245.812, or a home for the care of the mentally or physically handicapped licensed by the state. The conversion of this structure to a single - family dwelling would be allowed by zoning, provided that the newly created single- family residential dwelling have only one attached garage and one driveway approach/driveway. Conversion of this building would require the removal of one of the driveways and the approach as well as alterations to one of the attached garages that would render it unusable for storage of passenger vehicles. The applicant would like to keep both garages and driveways /approaches and has requested approval of a variance to do so. Their reasons are to "minimize the impact our program may have on the neighborhood in which it resides" and "maximize the access to natural community supports and resources of our participants". Variances may be granted from the strict application of the provisions of this chapter, and impose conditions and safeguards in the variances so granted, where practical difficulties result from carrying out the strict letter of the regulations of this chapter. Practical difficulties, as used in connection with the granting of a variance, mean that the applicant proposes to use the property in a reasonable manner not permitted by the zoning code provisions; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, would not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. The conversion of the two -home residence for the purpose of conducting a 24 -hour care results from actions created by the applicant and it does not appear that granting the variance is necessary to alleviate a "practical difficulty" since there are not unique features to the property that would render the use of the property in a "reasonable manner ". CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 11 of 13 The applicant stated that there would be three staff members working at the location during the day and two staff workers onsite overnight. Additional staff would be visiting during the day. He stated that removing the second garage and driveway would not affect their operation but by having both driveways, he would be able to keep all vehicles off the street. Current zoning code states that property located in the typical residential zoning districts or planned development districts where the primary use is a single- family residence may have a maximum of four passenger vehicles, in addition to any permitted motorcycles, recreational vehicles or trailers, parked or stored outside the residence. This property would need to adhere to this requirement or would need to receive City approval of an annual "onsite parking permit" for outdoor parking of more than four, up to six passenger vehicles. Finally, removal of the north garage door and its replacement with a wall shall be done in a manner that would ensure that it would blend in seamlessly with dwelling unit's exterior finish. That would require the use the same materials that are currently on the building. Staff is recommending that the variance request to allow for the retention of a second attached garage and driveway as part of a conversion of a twin -home into a single- family dwelling, located 13980 -82 Holyoke Path be denied based upon the following findings: 1. Special conditions do not apply to the structures or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located. 2. The special conditions or circumstances are the result of the actions of the owner /applicant; and 3. The granting of the variance will serve as a convenience to the applicant, and is not necessary to alleviate any practical difficulties as defined the zoning ordinance. Commissioner Alwin asked if there was sufficient side setback if the proposed garage to be removed was turned into living quarters. Mr. Lovelace answered that the front yard was not an issue and the side yard already meets the 10 foot setback requirement. Chair Melander inquired if horseshoes style driveways in the neighborhood had been checked. Mr. Lovelace answered no, he did not do that. The driveway across the street has the appearance of a horseshoe driveway but that is not the case. That property had been considered a corner lot so it is allowed to have a driveway off both sides of the street and there is a garage that comes off the back side. Chair Melander asked if the applicant could be allowed to have a horseshoe driveway and still close off the other garage so they can access from both sides. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 12 of 13 Mr. Lovelace answered that the code would not allow that. Then the variance request would be to allow for a horseshoe driveway at that location. Chair Melander commented even if they do not use it as a garage. He asked the applicant representative if that would be any help to him. Mr. Eriksmoen answered, it would be helpful. Mr. Lovelace said typical setbacks from the front property line are 30 feet and that this house is set back much further. They would have area for additional vehicles to park there. He stated there had been some contradiction from the last meeting as to who was doing the discussion. Understanding was that from the Eriksmoen Cottages representative that they really did not need the driveway nor the second garage but that they would like to have it. It had been the property owner that was more adamant believing that it would function better keeping both garages and both driveways as far as the operation on this site for the daycare facility that Eriksmoen Cottages are proposing. Commissioner Alwin commented he has a concern of setting precedence for multiple driveway entrances in what is intended to be converted from a twin -home into a single- family home. He was concerned it opens them up. Commissioner Scanlan said from looking at the last meeting and again reviewing it tonight, this comes down to an inconvenience concern that we are trying to address and not a true practical difficulty. He struggled with the request at the last meeting and was hopeful they could come up with a solution. He was still feeling the same at this meeting that it is an inconvenience with having to move cars if one is in the way rather than to have the convenience of having extra parking space. He commented the ordinance is what it is and should be maintained what it is supposed to be. Chair Melander commented that rules are rules and that is what we are sworn to do. Rod Eriksmoen, Eriksmoen Cottages, showed pictures of another facility in Burnsville they operate out of set up similar as a twin home that was converted to a single- family home. He feels this could put a hardship on the community around us that are there. He said if family comes over to visit they will be parking on the street. He stated cars parked on the street could be an eye sore. He said for their business they could make it work but it is just one more thing. He understands the City has constraints but you like to have the homes in the area look like a neighborhood and function as much as a neighborhood as you can. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann recommending approval of a variance request for the retention of a second attached garage and driveway as part of a conversion of a twin -home into a single- family dwelling. Ayes - 1 - Nays — 5. (Alwin, Burke, Diekmann, Melander and Scanlan) 7. OTHER BUSINESS CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes May 20, 2015 Page 13 of 13 A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, June 3, 2015, at 7:00 p.m. 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Chair Melander asked for a motion to adjourn. MOTION: Commissioner Burke moved, seconded by Commissioner Scanlan to adjourn the meeting at 9:13 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, Murphy, Planning Dep1rtment istant Approved by the Apple Valley Planning Commission on city of APP!tIIe y TO: Planning Commission Members FROM: Kathy Bodmer, Planner MEETING DATE: June 3, 2015 SUBJECT: Continue Public Hearing for ISD 196 Transportation Hub Facility MEMO Community Development At its May, 20, 2015, meeting, the Apple Valley Planning Commission reviewed an application from Independent School District 196 for a Transportation Hub Facility on the northeast corner of Johnny Cake Ridge Road and Upper 147 Street West. The Planning Commission voted to continue the hearing until an upcoming meeting. Revised plans will not be available in time for the June 3, 2015, Planning Commission meeting. Thus, staff is recommending that the public hearing be continued until the June 17, 2015, meeting. Recommended Action: • Continue the public hearing on the ISD 196 Transportation Hub Facility until the June 17, 2015, meeting. PROJECT NAME: Extension of Conditional Use Permit 2008 -107 for Outdoor Cafe /Seating Area PROJECT DESCRIPTION: • Authorize extension of a Conditional Use Permit for an outdoor cafe /seating area for Celt's Craft House at the Grandstay Hotel, 7083 -153 Street W. STAFF CONTACT: Margaret Dykes, Planner DEPARTMENT /DIVISION: Community Development Department APPLICANT: City of Apple Valley PROJECT NUMBER: City of Apple Valley Action Requested • Recommend approval of the extension of Conditional Use Permit 2008 -107 for an Outdoor Cafe /Seating Area for Celt's Craft House at the Grandstay Hotel, 7083 -153 Street W. (Lot 2, Block 2, Village at Founders Circle). Project Summary /Issues In 2008, the City Council approve a Conditional Use Permit (CUP) for an outdoor cafe and seating area at the Grandstay Hotel, 7083 -153 Street W. The CUP required that the operations conform to the following conditions: • Follow the approved site plan date May 30, 2008, which showed a maximum of 26 seats; • Install a 2.5 -foot wrought iron fence to delineate the outdoor seating area; • Install a gate at the southwest side of the outdoor seating area, and construct a hard surface pathway from the seating area to the sidewalk on 153 Street W.; • The hours of operation shall be from 11:00 a.m. to 9:00 p.m. Sunday through Thursday, and 11:00 a.m. to 10:00 p.m. Friday and Saturday; and • No smoking shall be allowed in the outdoor seating area, and "No Smoking" signs shall be posted. The CUP was in use by Panino Bros. restaurant until the end of June 2014. The City Code states that if a CUP is not in use for more than a year, it lapses (Sect. 155.399). The Code allows for extension of a CUP if a request is received at least 30 days before the original CUP expires. The owner of Celt's Craft House has requested the extension, and anticipates they will be in operation by August 1, 2015. They have applied for the building permit, which is on hold until the Metropolitan Council determines the SAC charges. The building permit will be issued when the SAC charges have been determined, and the building permit fee is paid. This item is considered a "housekeeping" issue. Budget Impact None. Attachment(s) 1. Area Map 2. Resolution 2008 -107 ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 3. Zoning Code Excerpt - CUPs 4. Letter from Celt's Craft House June 3, 2015 Consent Property Location: 7083 153rd Street W. Legal Description: Lot 2, Block 2, Village at Founders Circle (01- 81750 -02 -020) Comprehensive Plan Designation "MIX" (Mixed Use) Zoning Classification PD -739, Zone 2 (Planned Development) Existing Platting Platted Current Land Use Hotel and commercial /retail Size: 2.29 acres Topography: Flat Existing Vegetation Professionally landscaped Other Significant Natural Features None identified Adjacent Properties/Land Uses NORTH Central Village West vacant property (Owned by AVEDA) Comprehensive Plan "MIX" (Mixed Use) Zoning /Land Use "PD -739, Zones 1 " (Planned Development) SOUTH Central Village West vacant property (Owned by CDA) Comprehensive Plan "MIX" (Mixed Use) Zoning /Land Use "PD -739, Zones 1 & 2" (Planned Development) EAST Galaxie Commons Comprehensive Plan "C" (Commercial) Zoning/Land Use "RB" (Retail Business) WEST Central Village West vacant property (Owned by AVEDA) Comprehensive Plan "MIX" (Mixed Use) Zoning/Land Use "PD -739, Zones 1 & 2" (Planned Development) Existing Conditions EXTENSION OF CUP 2008 -107 PROJECT REVIEW l CITY OF APPLE VALLEY RESOLUTION NO 2008 -107 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR PANINO BROS OUTDOOR CAFE /SEATING AREA AND ATTACHING CONDITIONS THERETO WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that an outdoor cafe /seating area may be allowed within the confines of a "PD-739/zone 2" (Planned Development) zoning district and in accordance with specific performance standards, as a conditional use; and WHEREAS, approval of a Conditional Use Permit for an outdoor cafe /seating area has been requested by UASANDERS LLC, and WHEREAS, review of such Conditional Use Permit request to determine its conformance with the applicable regulations and performance standards has occurred at a public heanng held on May 21, 2008, and WHEREAS, the Apple Valley Planning Commission recommended approval of such Conditional Use Permit subject to certain conditions on June 4, 2008 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a Conditional Use Permit for an outdoor cafe /seating area within "PD-739/zone 2" zoning district be approved subject to the following conditions 1 The Conditional Use Permit shall apply to property legally described as Lot 2, Block 2, VILLAGE AT FOUNDERS CIRCLE. 2. Such operations shall be conducted in conformance with the site plan dated May 30, 2008, on file at the City Offices. 3 A 2.5 foot high wrought iron fence shall be located along the perimeter of the outdoor cafe /seating area not directly abutting the building. 4 A gate shall be located along the southwest side of the outdoor cafe /seating area and a hard surface pathway shall be installed from the gate to the sidewalk along 153 Street West. 5 The maximum of 26 seats shall be allowed in the outdoor cafe /seating area. ATTEST 6 The hours of operation of the outdoor cafe /seating area shall be from 11.00 a.m. to 9'00 p.m. Sunday thru Thursday and 11.00 a.m. to 10'00 p.m. Friday and Saturday Access from the outdoor cafe /seating area to the restaurant shall not be allowed after 9 p.m. Sunday thru Thursday and 10 p.m. Friday and Saturday 7 The outdoor cafe /seating area shall be designated "No Smoking Allowed" 8 The Conditional Use Permit may be revoked for cause if the terms of (2) or (3) or (4) or (5) or (6) or (7) preceding are not adhered to ADOPTED this 5th day of June, 2008 T� Pamela J Ga kstetter, City Clerk CERTIFICATE 2 1, Pamela Gackstetter, Apple Valley City Clerk, hereby certify that the forgoing is a true and correct copy of a resolution adopted by the City Council on June 5, 2008, the original of which is in my possession, dated this day of , 2008 Pamela J Gackstetter, City Clerk L el avapeg omag * / WWI ta dwg OWN4 • 41, IftaleSAI Int AO. . / g 9 - I t I bbb 1 1 PARE LOCK Niq *VIS11011V IS CL ova AiNnoo 40Liq ONI V3S7k1c/21311V-3 0.13 (1) NV icd 3.US AWNIP11131id 1 1 11 1‘ 7 011,4 11 i 'A WWII! 6 X .111Mt . 11: 1 :: (A) Purpose. (1) In order to give the district use regulations of this chapter the flexibility necessary to achieve the objectives of the comprehensive guide plan in certain districts, conditional uses are permitted subject to the granting of a use permit. Conditional uses include those uses generally not suitable in a particular zoning district, but which may, under some circumstances, be suitable. When the circumstances exist, a conditional use permit may be granted. (2) Conditions may be applied to issuance of a permit and a periodic review of the permit may be required. The permit shall be issued for a particular use and not for a particular person or firm. The applicant shall have the burden of proof that the use is suitable and that the standards set forth in this section have been met. (B) Petition, public hearing, notice and procedure. Except as otherwise noted and provided under this section, the petition, public hearing, public notice and procedural requirements for conditional use permits shall be the same as those for zoning chapter amendments provided in § 155.400. (C) Action by the City Council. The City Council may grant a conditional use permit, as the use permit was applied for or in modified form, if it is determined that the proposed location of the conditional use is in accord with the objectives of the comprehensive guide plan and the purposes of the district in which the site is located and would not be materially injurious to properties or improvements in the vicinity. The City Council may grant a conditional use permit only by an affirmative vote of a majority of a quorum of the City Council. (D) Standards. The Planning Commission shall recommend a conditional use permit and the Council may issue conditional use permits if it finds that the use at the proposed location: (1) Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or the city. CITY OF APPLE VALLEY ZONING CODE EXCERPT § 155.399 CONDITIONAL USE PERMITS. (2) Will be harmonious with the general and applicable specific objectives of the comprehensive plan and code provisions. (3) Will be designed, constructed, operated and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that area, nor substantially diminish or impair property values within the neighborhood. (4) Will be served adequately by existing (or those proposed in the project) essential public facilities and services, including streets, police and fire protection, drainage, structures, refuse disposal, water and sewer systems and schools. (5) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 1 CITY OF APPLE VALLEY ZONING CODE EXCERPT § 155.399 CONDITIONAL USE PE ITS. (6) Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. (7) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. (8) These standards apply in addition to specific conditions as may be applied throughout the code. (E) Conditions. In reviewing applications of conditional use permits, the Planning Commission and the Council may attach whatever reasonable conditions they deem necessary to mitigate anticipated adverse impacts associated with these uses, to protect the value of other property within the district, and to achieve the goals and objectives of the comprehensive plan. In all cases in which conditional uses are granted, the Council shall require evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. (F) Denial for noncompliance. If the Planning Commission recommends denial of a conditional use permit or the Council orders the denial, it shall include in its recommendation or determination findings as to the manner in which the proposed use does not comply with the standards required by this section. (G) Periodic review, term of permit. A periodic review of the use may be attached as a condition of approval of a conditional use permit. Unless otherwise stipulated, the term shall be the life of the use. (H) Lapse of conditional use permit by non -use. Whenever within one year after granting a conditional use permit, the use as allowed by the permit shall not have been completed or utilized, then the permit shall become null and void unless a petition for an extension of time in which to complete or utilize the use that has been granted by the City Council. The extension shall be requested in writing and filed with the Zoning Administrator at least 30 days before the expiration of the original conditional use permit. There shall be no charge for the filing of the petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. The petition shall be presented to the Planning Commission for a recommendation and to the City Council for decision. (I) Enforcement and revocation. Failure to comply with any condition set forth in a conditional use permit, or any other violation of this section, shall constitute sufficient cause for termination of the conditional use permit by the City Council following a public hearing. Written notification of the public hearing shall be mailed at least ten days prior to the hearing to the current holder of the conditional use permit. The notice should outline the violation(s) considered by the city to be grounds for revocation and inform the current holder of the conditional use permit of the opportunity to be heard at the public hearing. In addition to other remedies provided in this code or at law, failure to comply with any condition set forth in a conditional use permit, or any other violation of this section, shall be a misdemeanor. (`81 Code, § A1-72) (Ord. 291, passed 4- 21 -83; Am. Ord. 512, passed 5 -9 -91) 2 6/2/2015 To: Margaret Dykes From: Michael R. Murnane Re: CUP 2008 -107 — Outdoor cafe and seating area Celts Craft House 7083 153 ST W, Apple Valley MN 55124 This letter is to inform you that we have submitted and are waiting for our building permit to be issued. We have also submitted our SAC determination form to the MET council and upon receipt of said determination letter, we anticipate our building permit to be issued on June 8 2015. When we receive our building permit, we have scheduled to open on August 1s 2015. If you have any other questions, please feel free to contact me. Michael R. Murnane General Manager 952 - 270 -6110 TAX ID # ADDRESS LEGAL DESCRIPTION 01- 81100 -00 -030 (0.18 acres) No address assigned Outlot C, Valley Business Park 01 - 02600 -76 -020 (3.54 acres) 5751 150 Street W. That part of the East One Half of the Southeast quarter of Section 26, Township 115, Range 20, Dakota County, Minnesota, described as follows: Commencing at a point 264 feet east of the Southwest Corner of the East One Half of the Southeast quarter of said Section 26, thence northerly a distance of 165.00 feet; thence westerly a distance of 48.00 feet, thence North 285.00 feet; thence East 360.00 feet; thence South 450.00 feet, more or less to the south line of said Section 26; thence westerly along said south line a distance of 312.00 feet, more or less to the point of beginning. PROJECT NAME: Outlot C /Community Cares Property Rezoning PROJECT DESCRIPTION: Rezone two properties from "A" (Agricultural) to "BP (Business Park) for consistency with 2030 Comprehensive Plan designation of "IND" (Industrial) STAFF CONTACT: Margaret Dykes, Planner DEPARTMENT /DIVISION: Community Development Department APPLICANT: City of Apple Valley PROJECT NUMBER: PC 15 -15 -Z City of Apple Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: June 3, 2015 Land Use /Action Action Requested • Recommend approval of the draft ordinance rezoning the following two properties from "A" (Agricultural) to "BP" (Business Park) in order to remove inconsistencies between the comprehensive guide plan land use map, and the zoning map: Project Summary /Issues Public Hearing: A public hearing for this item was held May 6, 2015. A comment was received from a representative of the owner of the Community Cares site, who asked that the non - profit be allowed to operate on the site as it currently does. Staff replied that the organization currently does not comply with the zoning code. Provided the non - profit complies with the regulations of the "BP" zone, it can continue to operate. No other comments were received from the public. Background: In 1994, the Apple Valley Economic Development Authority (EDA) acquired a 28- acre site generally located northwest of the intersection of Pilot Knob and County Road 42 from L.G.S. Concord/ Citizens Utility to facilitate the creation of a business park. This 28 -acre parcel, now called Valley Business Park, was platted in 1999. Immediately to the south of Valley Business Park is a 3.54 -acre unplatted parcel that had been an old farmstead. The property is now owned by Community Cares, Inc. (5751 150 Street W.). Adjacent to the Community Cares site is a 0.18 -acre Outlot C owned by the Apple Valley Economic Development Authority. Both properties are guided "IND" (Industrial), but zoned "A" (Agricultural). State statute (Minn Stat 473.865, Subd. 3) states that if the zoning of a property conflicts with a comprehensive plan as the result of an amendment to the plan, the zoning regulation shall be amended so as to not conflict with the comprehensive plan. The City Attorney has stated that the City should ensure that the zoning of property be consistent with its Comprehensive Plan designation. The surrounding properties, consisting of approximately 40 acres in total area, are zoned "BP" (Business Park). The City Attorney advised that rezoning the subject properties to "BP" is necessary by state law. Budget Impact None noted at this time. Attachment(s) 1. Draft Ordinance 2. Area Map 4. Existing Zoning Map 3. Comprehensive Plan Map 5. Proposed Zoning Map 2 H:\DEVELOPM\2015 Projects\AG Rezoning Consistency\060315 PC memo2.docx Property Location: Generally southwest of Energy Way and Pilot Knob Road Legal Description: Parcel 1 01- 81100 -00 -030 (0.18 acres) (Owned by Apple Valley EDA): No address assigned. Outlot C, Valley Business Park. Parcel 2 01- 02600 -76 -020 (3.54 acres) (Owned by Community Cares, Inc.): 5751 150 Street W. That part of the East One Half of the Southeast quarter of Section 26, Township 115, Range 20, Dakota County, Minnesota, described as follows: Commencing at a point 264 feet east of the Southwest Corner of the East One Half of the Southeast quarter of said Section 26, thence northerly a distance of 165.00 feet; thence westerly a distance of 48.00 feet, thence North 285.00 feet; thence East 360.00 feet; thence South 450.00 feet, more or less to the south line of said Section 26; thence westerly along said south line a distance of 312.00 feet, more or less to the point of beginning. Comprehensive Plan Designation "IND" (Industrial) Zoning Classification Both parcels are zoned "A" (Agricultural) Existing Platting Parcel 1: Platted. Parcel 2: Unplatted. Current Land Use Parcel 1: Vacant. Parcel 2: Single family house currently unoccupied with accessory buildings Size: Parcel 1: 0.18 acres Parcel 2: 3.54 acres Topography: Relatively flat Existing Vegetation Moderate trees, lawn Other Significant Natural Features None identified Adjacent Properties/Land Uses NORTH Valley Business Park Comprehensive Plan "IND" (Industrial) Zoning /Land Use `BP" (Business Park) SOUTH Fischer Aggregate mine and Residential properties Comprehensive Plan "MBC" (Mixed Business Campus) Zoning /Land Use Sand and gravel mine: "SG" (Sand & Gravel) Residential properties: "A" (Agricultural) EAST Knob Rid. e Business Park Comprehensive Plan "IND" (Industrial) Zoning /Land Use "BP" (Business Park) WEST McCormick Computer Comprehensive Plan "IND" (Industrial) Zoning /Land Use "BP" (Business Park) Existing Conditions Development Project Review: OUTLOT C /COMMUNITY CARES PROPERTY REZONING PROJECT REVIEW Comprehensive Plan: The site is guided "IND" (Industrial) in the Comprehensive Plan, which allows for offices, assembly, warehouse, manufacturing and other similar uses within an enclosed building to limit the amount of dust, noise, odor, and other adverse impacts. Zoning districts allowed in areas guided in the Comprehensive Plan for industrial uses consist of "I -1" (Limited Industrial), "I -2" (General Industrial), and "BP" (Business Park). There is no Comprehensive Plan category for agricultural uses. The City determined in previous Comprehensive Plans that Apple Valley is a developing suburban community, and agricultural land will be 3 H: \DEVELOPM\2015 Projects\AG Rezoning Consistency \060315 PC memo2.docx phased out as the land is redeveloped. The Agricultural designation had been removed when the 2020 Comprehensive Plan was adopted in 1999. When the 1979 Comprehensive Plan was adopted, there were 1,674 acres used for agricultural purposes. When the 2020 Comprehensive Plan was adopted in 1999, there were approximately 397 acres used for agricultural purposes. The 2030 Comprehensive plan, adopted in 2010, did not list any property as being used for agricultural purposes and did not discuss agricultural uses, though currently there are approximately 60 acres zoned agricultural. The subject properties are not used for agricultural purposes. The property owned by the Apple Valley EDA is vacant, and is an outlot of Valley Business Park, which was developed in the late 1990s. The Community Cares property is an old farmstead that had been used as a single family home, but evidence indicates the house has been unoccupied for at least two years. The property, which has three accessory buildings, is being used by the owner for the warehousing and distribution of bulk food. According to its website, Community Cares is a non - profit food bank that picks up and delivers food to more than 25 food shelves and churches in the seven - county Metropolitan area, as well as some locations outside of this area (www.counitycares.org). The City Attorney has advised that Minnesota statutes (Minn Stat 473.865, Subd. 3) require the zoning and Comprehensive Plan designation of a property be consistent. Because the Comprehensive Plan designates the subject parcels for industrial uses (and these properties are not currently used for agricultural or residential purposes), the zoning must be changed. Zoning: The subject parcels are zoned "A" (Agricultural). Currently, there are 22 parcels in the City that are zoned agricultural including the two subject properties. In 2010, the City undertook the rezoning of 11 sites so that they would be consistent with the Comprehensive Plan designation. Agricultural properties were not rezoned at that time, with a few exceptions. It is staffs intention to rezone these properties before the next update of the Comprehensive Plan begins so that they are consistent with the current Comprehensive Plan. The surrounding properties, consisting of approximately 40 acres in total area, are zoned "BP" (Business Park). The City Attorney advised that rezoning the subject properties to "BP" is necessary by state law. The Business Park zoning allows for the following uses: Corporate offices, labs, research facilities, office with attached manufacturing, warehouse sales and showrooms (no retail food sales), storage facilities when contained inside a building, contractor's offices, and similar. Community Cares uses the site for bulk warehouse and storage operations. These uses are consistent with the "BP" zoning district. Public Hearing Comments: The public hearing was held May 6, 2015. A comment was received from a representative of the owner of the Community Cares site, who asked that the non - profit be allowed to operate on the site as it currently does. Staff replied that the organization currently does not comply with the zoning code. Provided the non - profit complies with the regulations of the "BP" zone, it can continue to operate. No other comments were received from the public. 4 H: \DEVELOPM\2015 Projects\AG Rezoning Consistency \060315 PC memo2.docx TAX ID # ADDRESS LEGAL DESCRIPTION 01-81100-00-030 No address Out lot C, Valley Business Park (0.18 acres) assigned 01-02600-76-026 5751 150 That part of the East One Half of the Southeast quarter of (3.54 acres) Street W. Section 26, Township 115, Range 20, Dakota County, . Minnesota, described as follows: Commencing at a point 264 feet east of the Southwest Corner of the East One Half of the Southeast quarter of said Section 26, thence northerly a distance of 165.00 feet; thence westerly a distance of 48.00 feet, thence North 285.00 feet; thence East 360.00 feet; thence South 450.00 feet, more or less to the south line of said Section 26; thence westerly along said south line a distance of 312.00 feet, more or less to the point of beginning. Passed this day of June, 2015. CITY OF APPLE VALLEY, MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING MAP BY REZONING CERTAIN LAND IN THE CITY OF APPLE VALLEY, DAKOTA COUNTY, MINNESOTA WHEREAS, the Planning Commission of the City of Apple Valley held a public hearing on property described herein on May 6, 2015, as required by City Code Section 155.400(D), and WHEREAS, on June 3, 2015, the Planning Commission recommended the rezoning as hereinafter described. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that: 1. The boundaries of the zoning districts established by City Code Section 155.006 are • hereby amended by rezoning the following described property generally located southwest of the intersection of Pilot Knob Road and Energy Way from "A" (Agricultural) to "BP" (Business Park) in order to remove any inconsistencies between the comprehensive guide plan land use map, and the zoning map: 2. This ordinance shall become effective upon its passage and publication. ATTEST: Pamela J. Gackstetter, City Clerk Mary Hamann-Roland, Mayor 6 c ;1 k sir lin el 4110 ; 11,00 IR 1 1 3.1 1 Ili I i 11111 '19 it 14 1 1 ell Community Cares Property 3.54 ac. - 1 • II 11p. `110;640e. ifte.A0walWaNcOMONNIMUMMIONINIMMIIIIIMIla""4==._ - ""FYFF • •••„• . • .`Ye:fx 0.4 • .1, 141 • t 11)4 St OUTLOT C/ COMMUNITY CARES COMP PLAN MAP OUTLOT C / COMMUNITY CARES EXISTING ZONING MAP / " , K1 - • ■ ,, *`‘'‘gi %; -.4*.•% ' ii 41177' ZA:1:11111 ii17137111.r.%:•127;4"-rilli 1 ,,,,,; 917191474g1 . LL- 1 I t rit 'AI 1E LLIS 51 PI F-4- r11111v- \" le' , - th- OUTLOT C / COMMUNITY CARES PROPOSED ZONING MAP Proposed Zoning: rr BP (Business Park) Agriculture Rezoning Consistency – OutlotC/Community Cares Sites Presentation to the Planning Commission June 3, 2015 Request Rezone two properties from “A” (Agricultural) to • “BP” (Business Park). Properties inconsistent with Comprehensive Plan • designation in “IND” (Industrial) No Agriculture designation in the Comp Plan –none since • 2020 plan adopted in 1999. None shown on Land Use map in 1979 and after. State statute requires zoning and Comprehensive • Plan designation to be consistent (MinnStat 473.865, Subd. 3) • City is applicant to ensure consistency • Similar actions taken in 2010 • Site Location Generally southwest of Energy Way and Pilot Knob Road EVERGREEN TRL UPPER 147TH ST W IND EVEREST AVE 148TH ST W ENERGY WAY ENDICOTT WAY PILOT KNOB RD IND IND IND MD IND OUTLOT C 149TH ST W IND COMMUNITY CARES SITE IND 150TH ST W MBC INS INS 151ST ST MD Comprehensive Plan Designation “IND” (Industrial) Existing Zoning “A” (Agricultural) Proposed Zoning “BP” (Business Park) Uses Allowed in “BP” Zone Corporate offices or headquarters –campus setting. • Laboratories, research facilities and support offices • Offices with attached manufacturing or warehouse combinations. • Warehouse sales or showrooms –no retail food sales. • Storage facilities contained within a building and associated with • the primary use or outdoor storage as a conditional use. Animal hospitals or clinics with no exterior storage or animal runs. • Television, recording and radio studios and sound stages. • Trade schools and community colleges with no exterior storage or • outside classrooms. Contractor’s office, with indoor storage space not to exceed 90% • of the floor area. Pet spa or daycare with conditions. • Public Hearing Public Hearing held May 6, 2015. • One comment related to Community Cares • operations on site. Community Cares can continue operations • compliant with zoning code. No other comments received. • PC Action Recommend approval of the draft ordinance rezoning the • following two properties from “A” (Agricultural) to “BP” (Business Park) in order to remove inconsistencies between the Comprehensive Guide Plan land use map, and the zoning map: TAX ID #LEGAL DESCRIPTION 01-81100-00-030 OutlotC, Valley Business Park (0.18 acres) 01-02600-76-020That part of the East One Half of the Southeast quarter of Section 26, (3.54 acres)Township 115, Range 20, Dakota County, Minnesota, described as follows: Commencing at a point 264 feet east of the Southwest Corner of the East One Half of the Southeast quarter of said Section 26, thence northerly a distance of 165.00 feet; thence westerly a distance of 48.00 feet, thence North 285.00 feet; thence East 360.00 feet; thence South 450.00 feet, more or less to the south line of said Section 26; thence westerly along said south line a distance of 312.00 feet, more or less to the point of beginning. Questions? PROJECT NAME: COBBLESTONE LAKE 7TH ADDITION PROJECT DESCRIPTION Request for the completion of a Comprehensive Plan Land Use Map amendment and rezoning, subdivision, and site plan/building permit authorization to allow for the construction of 37 townhome dwellings on 3 acres of a 3.7 -acre parcel. The site is located at the northeast corner of Dodd Boulevard and Eagle Bay Drive. STAFF CONTACT: Thomas Lovelace, City Planner DEPARTMENT /DIVISION: Community Development Department APPLICANT: South Shore Development, Inc. PROJECT NUMBER: PC 15 -13 -PZSB APPLICATION DATE: 60 DAYS: 120 DAYS: March 18, 2015 May 16, 2015 July 15, 2015 City of Apple Valley ITEM: 6B PLANNING COMMISSION MEETING DATE: June 3, 2015 SECTION: Land Use /Action Items Proposed Action If the Planning Commission concurs, staff is recommending the following action: 1. Approval of the amendment to the 2030 Comprehensive Land Use Plan redsignating the property located at 15450 Dodd Boulevard from "P" (Park) to "MD" (Medium Density Residential/6 -12 units per acre). 2. Approval of the rezoning of the property located at 15450 Dodd Boulevard from "A" (Agricultural) to "PD -703 /zone 9" (Planned Development). 3. Approval of the Cobblestone Lake 7 Addition preliminary plat subject to the following g condition: • A blanket drainage and utility easement shall be established over and across Lot 38, Block 1. • The dedication of one -foot (1') wide easements that restricts direct driveway access to Dodd Boulevard and Eagle Bay Drive. • The dedication of the necessary right -of -way along Dodd Boulevard for a right -turn lane at the intersection of Dodd Boulevard and Street B. 4. Approval of the site plan building permit authorization to allow for the construction of thirty (37) townhouse dwelling units subject to adhering to applicable city ordinances and the following conditions: • Issuance of a building permit shall be subject to approval of the 2030 Land Use Plan re- designation, rezoning, and planned development ordinance amendments. • Construction shall occur in conformance with the development plans dated May 26, 2015; subject to the construction of a right -turn lane at the intersection of Dodd Boulevard and Street B and revisions and requirements identified the Assistant City Engineer's memo dated May 28, 2015. • Construction shall occur in conformance with the landscape plan dated May 18, 2015, (including sodded /seeded public boulevard area up to each street curbline); subject to submission of a detailed landscape plan that specifically identifies each planting on the plan and a planting price list for verification of the City's 2 landscaping requirement at the time of building permit application. • Construction shall occur in conformance with the elevation plans dated March 18, 2015. • Street A shall be designed as an emergency vehicle turnaround and properly designated as such. Project Summary /Issues The property is currently Comp Plan guided "P" (Parks and Open Space) and "MD" (Medium Density Residential /6 -12 units per acre). In 2005, the petitioner submitted an application requesting a re- designation of this property to "MD" (Medium Density Residential) as part of a 30 -unit townhouse development. On June 23, 2005, the City Council approved the submittal of the Comp Plan amendment to the Metropolitan Council for their consideration and on August 1, 2005, the Met Council approved the amendment. No final action by the City Council was taken on the proposed amendment because the petitioner withdrew their request. Rezoning the property from "A" (Agricultural) to "PD 703 /zone 9" (Planned Development), a new subzone classification that would allow for multi- family townhomes as a permitted use, will be required. This new planned development zone would be part of the Cobblestone Lake development. Approval of this new subzone will require the preparation of ordinance amendments that identify the proposed use as well as the area requirements and performance standards for the future subzone. The rezoning was also considered in 2005, and the Planning Commission recommended approval to the rezoning to "PD 703 /zone 9 ", conditioned upon approval of the Comp Plan re- designation. 155th Street West, west of Eagle Bay Drive is a four -lane divided roadway with left and right -turn lanes. Just east of the Eagle Bay Drive intersection, the street becomes Dodd Boulevard. The street at that location loses a thru lane each way and no turn lanes have been installed. Because of the volume of traffic, that this street carries and loss of lanes east of Eagle Bay Drive, a right turn lane shall be installed at the intersection Dodd Boulevard and Street B. In addition, the most southerly driveway shall be removed and replaced with non - surmountable curb. Staff recommended that a sidewalk connection be made along the south side of the northerly intersection to the Dodd Boulevard pathway and the pathway located in the Apple Valley East Park. The revised plans show the connection to the pathway in the park but not the connection to Dodd Boulevard. They have indicated that the grades will not allow that connection to be made, which the City has verified. Staff recommended that a masonry treatment be added to help add more variety to the exterior. Staff asked the petitioner to investigate the incorporation of such things as bay windows, decorative sills and headers, window shutters, and width of the lap siding to help break up the massing of the buildings. They have submitted a letter, which provides a detailed description of 2 Pulte Letter Development Plans Asst. City Engineer's Memo Landscape Plans Location Map Building Elevations Comp Plan Map Pulte Building Design Information Zoning Map Cross - Section of South Property Line their building design, which addresses staffs recommendations. Budget Impact None Attachments 3 Property Location: Northeast corner of Dodd Boulevard and Eagle Bay Drive Legal Description: Part of the Southeast Quarter of the Northwest Quarter of Section 36 Comprehensive Plan Designation "P" (Parks and Open Space) and "MD" (Medium Density Residentia1J6-12 units per acre) Zoning Classification "A" (Agricultural) Existing Platting Unplatted Current Land Use Vacant Size: 3.7 acres Topography: Irregular Existing Vegetation Volunteer grasses and trees Other Significant Natural Features None Adjacent Properties/Land Uses NORTH Cortland Single-Family Development Comprehensive Plan "LD" (Low Density Residential/2-6 units per acre) Zoning/Land Use "R-3" (Single Family Residential/1 1,000 min. lot size) SOUTH Cobblestone Lake Mixed-Use Development Comprehensive Plan "LD" (Low Density Residential/2-6 units per acre) and "MD" (Medium Density Residential/6-12 units per acre) Zoning/Land Use "PD-703" (Planned Development) EAST Apple Valley East Park Comprehensive Plan "P" (Parks and Open Space) Zoning/Land Use "P" (Instutional) WEST Cortland Single-Family Development Comprehensive Plan "LD" (Low Density Residential/2-6 units per acre) Zoning/Land Use "R-3" (Single Family Residentia1/11,000 min. lot size) COBBLESTONE LAKE 7TH ADDITION PROJECT REVIEW Existing Conditions Development Project Review 4 Background Information: In 2005, Tradition Development submitted a townhouse development proposal on the subject property for consideration by the City. The request included a Comprehensive Plan Land Use Map amendment from the current designation "P" (Park) to a "MD" (Medium Density Residential /6 -12 units per acre) designation, a rezoning from "A" (Agricultural) to "PD- 703 /zone 9" (Planned Development), preliminary plat that would create seven (7) lots and one outlot, and site plan/building permit authorization to allow for the construction of thirty (30) townhouse dwelling units. The Planning Commission reviewed the 2005 proposal and recommended approval and the City Council approved the submittal of the Comprehensive Plan amendment to the Metropolitan Council, preliminary plat and site plan/building permit authorization requests. Approval by the City Council of the rezoning was withheld until the approval of the Comprehensive Plan amendment by the Metropolitan Council. The petitioner withdrew their application and no final approvals were granted. Comprehensive Plan Amendment: The Comprehensive Plan Land Use Map currently designates this proposed development site "P" (park), which was intended for park and open space purposes. In 2001, this property's designation was changed from "NS" (Neighborhood Service) to "P" (park) with the intention that this parcel would be combined with the Apple Valley East Park, an 11.6 -acre public park located to the east. As stated previously, in 2005, the petitioner submitted an application requesting a re- designation of this property to "MD" (Medium Density Residential) as part of a 30 -unit townhouse development. On June 23, 2005, the City Council approved the submittal of the Comp Plan amendment to the Metropolitan Council for their consideration and on August 1, 2005, the Met Council approved the amendment. No final action by the City Council was taken on the proposed amendment, because the petitioner withdrew their request. This current townhouse development proposal would be consistent with the previously requested Comprehensive Plan amendment. Approval of this development project would include the completion of the re- designation of the property as proposed in 2005. The overall net density of this project, which excludes public street right -of -way, will be 12 units per acre. This is the maximum density allowed within the "MD" designation. Rezoning: The applicant is requesting a rezoning of the property from "A" (Agricultural) to "PD 703 /zone 9" (Planned Development), a new subzone classification that would allow for multi - family townhomes as a permitted use. This new planned development zone would be part of the Cobblestone Lake development. Approval of this new subzone will require the preparation of ordinance amendments that identify the proposed use as well as the area requirements and performance standards for the future subzone. Again in 2005, the Planning Commission recommended approval to the rezoning to "PD 703 /zone 9 ", which was conditioned upon approval of the Comp Plan re- designation. Preliminary Plat: The site is currently an unplatted parcel. The petitioner is proposing to plat the 3.7 -acre parcel into 38 lots. Thirty -seven lots, which will vary in size from 1,342 sq. ft. to 1,525 sq. ft., will be used for the construction of one 4 -unit, three 5 -unit, and three 6 -unit townhouse buildings. The remaining lot (Lot 38) will be used for a variety of purposes that include common open space, guest parking spaces, and a private street /drive. The 38 lots will encompass 3.04 acres of the parcel and the remaining property will be dedicated for public right -of -way purposes. Approximately .61 acres of the site will be dedicated as right -of -way for Dodd Boulevard and .05 acres will be dedicated as right -of -way for Eagle Bay Drive. 5 The final plat should show a blanket drainage and utility easement over and across Lot 38. In addition, access restriction easements should be established that restrict direct driveway access off Dodd Boulevard and Eagle Bay Drive. Site Plan: The site plan indicates the construction of one 4 -unit, four 5 -unit, and one 6 -unit townhouse buildings on approximately 3.04 acres. The original plans identified two private street connections to Dodd Boulevard that would provide access to the site. The most northerly intersection was full intersection, with the south intersection being a right turn inlout only. The revised plans have eliminated the south intersection. Access to the individual dwelling units will be via private streets. Street A will be 24 feet wide and is designed to function as emergency vehicle turnaround. It will need to be prominently signed "No Parking Emergency Vehicle Turnaround Only" and striped to the satisfaction of the Apple Valley Fire Marshal. Street B will be 24 feet wide and Street C will be 24 feet wide east of Street A and will taper down to a width of 20 feet west of Street A. City code requires a minimum of one and one -half parking spaces, and two garage spaces per townhouse dwelling unit. Each dwelling unit will have a two -car garage and a driveway that should be able to accommodate parking of two vehicles. Twenty guest parking spaces are proposed for the development, which exceeds the minimum required rate of 1 /2 -space per unit. The site plan indicates that these spaces will be 9 feet wide and 18.5 feet long. Street Classifications /Accesses /Circulation: The site is bordered by Dodd Boulevard to the north and Eagle Bay Drive to the west. Dodd Boulevard is classified as a collector street with a design capacity of up to 15,000 vehicle trips per day. Eagle Bay Drive is a local street with a design capacity of up to 6,000 vehicle trips per day. No vehicle access from this development onto Eagle Bay is proposed. Vehicle access from this residential project to a public street will be via two private street intersections along the east side of Dodd Boulevard. This proposed project would generate approximately 217 vehicle trips per day. The public street system adjacent to this site should be able to accommodate the number of trips that will be generated by this proposed project. 155th Street West, west of Eagle Bay Drive is a four -lane divided roadway with left and right -turn lanes. Just east of the Eagle Bay Drive intersection, the street turns into Dodd Boulevard. The street at that location loses a thru lane each way and no turn lanes have been installed. Because of the volume of traffic, this street carries and loss of lanes east of Eagle Bay Drive, staff recommended that right turn lanes be installed at the two entrances into the development. In discussions that occurred after the public hearing, the City and developer agreed to remove the south access drive and that a right -turn lane be installed at the full intersection of Dodd Boulevard and Street B. Private streets and drives will provide vehicular access to dwelling units and circulation within the development. All the private streets /drives have been designed to provide adequate flow of vehicular traffic throughout the project area. Pedestrian Access: The applicant is proposing a network of internal sidewalks with two connections to pathway adjacent to Dodd Boulevard. Staff recommended that an additional sidewalk connection to the Dodd Boulevard pathway be made along the south side of the northerly intersection of Dodd Boulevard and Street B. The grades at that location will not allow a sidewalk connection to be made. 6 Staff also recommended that a sidewalk/pathway connection be made to the pathway located in the Apple Valley East Park, which the applicant has done. Finally, the proposed grades also make it prohibitive to allow for a pedestrian connection from the site to the pathway along the east side of Eagle Bay Drive. Grading Plan: The City Engineer has reviewed grading plan and his comments are included in the attached memo. Elevation Drawings: The proposed primary exterior finish will be lap siding with board and batten siding at the gable ends of the roof. The siding material shall be required to meet the building material requirements set forth in "PD- 703 ". The front elevation will have a small cover stoop. Roof gables will also help break up the front elevation. The rear elevations will incorporate decks and bay windows to help break up its massing. A roof treatment and decorative columns will be used at the entrances of each dwelling unit. Staff initially recommended that the petitioner investigate the incorporation of such things as bay windows, decorative sills and headers, window shutters, and width of the lap siding to help break up the massing of the buildings and that a masonry treatment be added to help add more variety to the exterior. The petitioner has submitted a letter, which is attached, that provides a detailed breakdown of their proposed building design. Based upon the information provided in the letter, staff is recommending approval of the elevations as presented. Landscape Plan: The Natural Resources Coordinator has reviewed the preliminary landscape plans and she has no outstanding issues. Staff recommended that additional landscaping be installed between the buildings and the area between the buildings and the guest parking spaces, which the applicant has done. Public Hearing Comments: The public hearing for this development request was held at the May 6, 2015, Planning Commission meeting. The hearing was opened, comments were taken, and the hearing closed. The following is a synopsis of the comments received during the public hearing along with staff's response or the applicant's response. A concern was expressed about the development's density. Staff Response — The development will have a density of 12 units per acre, consistent with the City's Comprehensive Plan "Medium Density Residential " designation. The proposed density is also consistent with property to the south, whose zoning classification allows up to 13 units per acre. A comment was received stating that the property was to be used for single - family homes. Staff Response — In 2005, the City approved development plans fora 30 -unit townhome project. This project is consistent with previously approved project. The property owner has never submitted a request fora single- family development on the subject property. A concern was raised that the property will be graded down to the level of the property directly to the south. Staff Response — Minimal alterations to the existing grades will be required to prepare the site for development. The proposed grades will tie into the existing grades along the existing slope to the south. The petitioner has submitted a cross-section of the south property line that shows the grade change between the subject property and the property to the south. 7 May 28, 2015 City of Apple Valley Attn: Tom Lovelace, City Planner 7100 147th Street West Apple Valley, MN 55124 Re: Cobblestone Lake 7th Addition - Architecture Dear Mr. Lovelace: We were under the impression that architectural approvals were to be provided only by Tradition Development. As a result, we did not provide the City with adequate details regarding the architecture of our rowhome product proposed in Cobblestone Lakes 7th Addition. We apologize for this omission. Please accept this letter as an amendment to the South Shore Development/Tradition Development submittal. Background For a variety of reasons, very few townhomes have been built since the real estate crash began in 2007. Pulte and other builders are now beginning to carefully venture back into the townhome market. Given the long time span since rowhomes in particular have been built, the market environment has changed significantly, including the tastes and needs of the buying public. In response, Pulte has completed in -depth consumer surveys and designed what could be considered "version 2.0" for rowhomes. "Version 1.0" Rowhome Architecture One of the primary drivers of sales for rowhomes is that it expands the range of consumers who can afford home ownership. In "version 1.0 ", this was typically accomplished by having many exterior units being identical in appearance. A common theme was that some or most of the units within a building would have the same exterior elevation. Another common theme was to have the same color scheme or two alternating color schemes for all individual units. "Version 2.0" R Architecture With Pulte's version 2.0, our goal is to maintain affordability, but to improve on the, historical rowhome architectural themes. Our overall approach is to "individualize and stylize" each unit. The result is individual units which differ in architecture from all other units within the same building and which vary in color scheme from almost every other unit within our community. This is a significant advancement in the approach to rowhome architecture. Our new rowhome incorporates the following individualizing features: a. Significant number of and varying orientation of windows providing interest to the exterior and transparency and daylighting on the interior b. Windows and building corners are wrapped with trim c. Different types of gables d. Pediments and brackets within the gables to add interest e. Window shutters f. Porches ®2015 Pulte Homes of Minnesota LLC. All rights reserved. BL #BC627273 The end result is that each unit will appear unique and distinct within each building and to a substantial degree within the new community. Below is a rendering of a typical building. Keep in mind that the colors chosen for the Cobblestone Lake community will be bolder and more vibrant in order to better meet the intent of the architectural vision for the community. 1Pute • Page 2 g. Roof pitch (8:12) to accommodate optional bedroom, loft, and /or rooftop terrace options h. Horizontal banding boards between floors to add variety and differentiation i. Articulation of each unit; each unit is offset in depth from the adjacent units by two feet; this creates shadows which visually "break up" the front of the building j. Varied color scheme for each unit and for most units within our community (for example, a separate community with this product was recently designed to have 25 out of 36 units with different color schemes; we anticipate similar individualization in this community) k. The option of a rooftop terrace will positively impact the rear elevations of some units CNZ -MN -To nhome- 4unit Craftsman St le - Base DOLOR RENDERIN( 22F 55F TCG Produc (c) Copyright 2011 NAIR& sup, Inc. Your staff report for this submittal includes the following comment: "Staff is recommending that a masonry treatment be added to help add more variety to the exterior. The petitioner also should investigate the incorporation of such things as bay windows, decorative sills and headers, window shutters, and width of the lap siding to help break up the massing of the buildings." We appreciate your comment about stone /brick and understand the historical basis for it. Pulte's company vision is "Building Consumer Inspired Homes and Communities to Make Lives Better ". In order for our firm to stay on the cutting edge of what consumers want, we constantly obtain feedback from the public and from our buyers. Although our research is proprietary, we have learned one interesting and relevant fact that we wish to share with you. Consumers do not directly associate "nice" communities with the use of stone and /or brick. It was no surprise for us to find that consumers appreciate a variety of attributes related to location, amenities, site plan, landscaping and architecture. What was initially a surprise to us is that there is not a direct correlation between the use of stone and brick in the architecture of a building and the perception that the community is "nice ". As we update our various housing products, we have been adapting our architecture accordingly in order to provide consumers with what they value most. Regardless of the above findings, you'll note that our rowhome architecture includes the use of stone on column bases on the front elevations. This compares favorably to the rowhome units that are immediately to the south of this new community. In addition, we will add a stone component to the bottom of the first floor windows, similar to the rowhomes immediately to the south of this new community. We had previously submitted very little description of our rowhome architecture. We trust that this detailed description of our architecture and the addition of a stone component will provide you with the information necessary to approve our product. New Approach to Rowhome Floor Plans We realize that the City is primarily interested in exterior architecture. However, it is worth noting that our approach to "individualized and stylized" rowhome units extends to the interior as well. Buyers are also able to choose from a range of options that are not typically seen in version 1.0 floor plans: I. 3 bedrooms with options for a 4th and even a 5th bedroom m 2 car garage with an option for a 3rd n. Two owner suites o. Loft p. Rooftop terrace q 1St floor flex room and additional bathroom We believe that floor plan versatility and individualization at the scale offered with this design is unmatched in the Twin Cities market and will likely lead to serving a broader demographic market. We're very excited to have the City of Apple Valley serve as one of the initial locations to launch this new product. Sincerely, Paul Heuer, Director of Land Planning & Entitlement Pulte Homes • Page 3 III* 0 0S • CITY OF Apple Valley MEMO Public Works TO: Tom Lovelace, City Planner FROM: Brandon S. Anderson, Assistant City Engineer DATE: May 28, 2015 SUBJECT: Cobblestone Lake 7th Addition Site Review Tom, following is comments regarding the Cobblestone Lake 7th Addition site plan dated May 26, 2015. Please include these items as conditions to approval. General • A right of way permit will be required for all work within public easements or right of way. • Sewer, water and storm sewer utilities are proposed to be public. This infrastructure shall be publicly designed and inspected. • A pre - construction meeting shall be held prior to beginning any work on the site. • The developer shall identify whether site utilities will be installed under private or public contract. Site & Grading • The three (3) retaining walls shown on the site shall be identified to be owned and maintained by the Home Owners Association. The walls will be located within the blanket public drainage and utility easement, and shall not be the responsibility of the City of Apple Valley. • Pavement section for turn lane shall match existing Dodd Boulevard. • A Natural Resources Management Permit will be required prior to mass site grading. • A construction entrance and perimeter silt fences shall be provided for erosion control purposes. • Street sweeping shall be performed as necessary to address material tracking from the site. • Slope restoration for connection of public utilities shall be provided for as soon as possible after disruption. Storm Sewer • Storm water quantity and quality control has been accounted for in the regional storm water pond located west of the site at the intersection of 155th Street and Pilot Knob Road. • Existing CB casting at turn lane shall be changed to Neenah R1642B and additional storm sewer and catch basin be extended to curb line at turn lane. Sanitary Sewer and Water Main • It is anticipated that each townhome unit will have its own sewer and water service. Natural Resources • The plan indicates generic tree and shrubs. Species and locations shall be identified. • The area is infested with invasive spotted knapweed. Care shall be taken not to transport the plant or weed seeds from the site. ttZ9-069(g6) xv 1409-069(Zg6) :31 Lff Pl 1 ....8 'On 3.9S 'Zt Lt3 M 0047 S210A30116 / Se133NION3 / SONNYld '3UI •11 sewer te- 1 N ITIA3NYI '3Al210 PWY4 N3rIONVN$3 ZL691. DTI Itimamattaa rams HMOS NO1 JSZHS MILL ViOS3NNIV4 '1.311VA 31d. 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DTI uaridolanact EZIOHS HMOS MUMMY HU DIV1 aNOISSIEMOD c.1 803 118111/7 &MIMS SS0213 .0S3NNIN %1311VA 31d. 111111111111 013 X O 3003 z 0 LLJ (r) WVLO:60 gtOZ/t,/, — b.1 .!loaS ss.0 01— ti,,Z\SN'dld IN1d-33d\01—ltZ,Z\si.! 0, 1,13—\ COBBLESTONE LAKE 7ADDITION th APPLE VALLEY PLANNING COMMISSION PRESENTATION JUNE 3, 2015 REQUEST 1.Comprehensive Plan Amendment re-designating a portion of a 3-acre site from “P” (Parks/Open Space) to “MD” (Medium Density Residential/6-12 units per acre). 2.Rezoning from “A” (Agricultural) to “PD-703/zone 9” (Planned Development). 3.Subdivision of 3.7 acres into 37 multi-family lots and one (1) common lot; and dedication of right-of-way for Dodd Boulevard and Eagle Bay Drive. 4.Site plan/building permit authorization to allow for the construction of 37 townhomes. LOCATION MAP DODD BLVD. CORTLAND APPLE VALLEY SITE EAST PARK 155TH STREET WEST EAGLE BAY DRIVE COBBLESTONE LAKE BACKGROUND Townhome development reviewed in 2005. • Comp Plan amendment from “P” to “MD” • Rezoning from “A” to “PD-703, Zone 9” • Preliminary plat (7 lots, 1 outlot) • Site plan/Building Permit authorization for 30 • townhouse units Planning Commission recommended approval • City Council gave preliminary approvals • Comp Plan redesignationapproved by Met Council • Project • withdrawn by property owner No final approvals given • DODD BLVD COMP PLAN MAP LD DODD BLVD DUNBAR AVE P SITE EAGLE BAY DR EARLY BIRD CIR LD EAGLEWOOD LN ECHO RIDGE RD “MD” (Medium Density Residential) and “P” (Park) ZONING MAP R-3 R-3 R-3 M-6 A P SITE 3 3 PD-703 2 “A” (Agricultural) EXISTING CONDITIONS PRELIMINARY PLAT REVISED SITE PLAN REVISED GRADING PLAN REVISED UTILITY PLAN REVISED LANDSCAPE PLAN LANDSCAPE PLAN BUILDING ELEVATION BUILDING ELEVATION BUILDING ELEVATION BUILDING ELEVATION BUILDING ELEVATION PUBLIC HEARING COMMENTS Public hearing held May 6, 2015. • 3 areas of concern: • Density • Development is 12 units/acre; consistent • with Comp Plan “MD” designation Allows 6-12 units/acre • Development to south is 13 units/acre • PUBLIC HEARING COMMENTS Single-Family Development • Owner never submitted SF proposal • 2005 approved plan allowed for 30-unit • townhome development Grading • Minimal grading of subject site • Grades will tie into existing grades to south • Front of townhomes face homes to south • Cross-section of grades provided • CROSS SECTION OF SOUTH PROPERTY LINE CROSS SECTION OF SOUTH PROPERTY LINE Approx. Property Line RECOMMENDED ACTIONS 1.Recommend approval of amendment to the 2030 Comprehensive Plan redesignatingthe subject parcel located at 15450 Dodd Blvd. from “P” (Park) to “MD” (Medium Density Res./6-12 units per acre). 2.Recommend approval of the rezoning of the subject property located at 15450 Dodd Blvd. from “A” (Agricultural) to “PD-703, Zone 9” (Planned Development). RECOMMENDED ACTIONS (cont.) 3.Recommend approval of the Cobblestone Lake 7Addition preliminary plat subject to the th following conditions: a.A blanket drainage and utility easement shall be established over and across Lot 38, Block 1. b.The dedication of one-foot (1’) wide easements restricting direct driveway access to Dodd Boulevard and Eagle Bay Drive. c.The dedication of the necessary right-of-way along Dodd Boulevard for a right-turn lane at the intersection of Dodd Boulevard and Street B. RECOMMENDED ACTIONS (cont.) 4.Recommend approval of the site plan/building permit authorization to allow for the construction of 37 townhouse dwelling units subject to all applicable City ordinances, and the following conditions: a.Issuance of a building permit shall be subject to approval of the 2030 Comprehensive Plan redesignation, rezoning, and planned development ordinance amendments. b.Construction shall occur in conformance with the development plans dated May 26, 2015; subject to the construction of a right-turn lane at the intersection of Dodd Boulevard and Street B; and the revisions and requirements identified in the Assistant City Engineer’s memo of May 28, 2015. RECOMMENDED ACTIONS (cont.) c.Construction shall occur in conformance with the landscape plan dated May 18June 3, 2015, including seeded/sodded public boulevard area up to each street curbline; subject to the submission of a detailed landscape plan that specifically identifies plantings on the plan, and a planting price list for verification of the City’s 2 ½ % landscaping requirement at the time of building permit application. d.Construction shall occur in conformance with the elevation plans dated March 18, 2015; subject to the addition of masonry to exterior elevations to be approved by City staff. e.Street A shall be designed as an emergency vehicle turnaround and properly designated as such. Questions?