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HomeMy WebLinkAbout08/05/2015  Meeting Location: Municipal Center City of 7100 147th Street West Apple Valley, Minnesota 55124 AUGUST 5, 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 JULY 15, 2015 4. CONSENT ITEMS A. Village at Founders Circle 2nd Addition Consider rezoning two parcels totaling 4.78 acres fro-- (PC15-24-ZSG) lot. LOCATION: Generally southeast of Garrett Avenue and 153rd Street W. PETITIONER: Dakota County CDA B. Leach Detached Garage Variance Consider previously approved variance to increase size (PC15-26-V) of detached garage from 750 sq. ft. to 957 sq. ft. LOCATION: 8460 133rd Street Ct. W. PETITIONER: Thomas C. Leach 5. PUBLIC HEARINGS A. Karamella Addition Public hearing to consider zoning amendment to allow for ancillary -- by preliminary plat of a 21.58-acre site to create one (1) lot and one (1) outlot, and site plan/building permit authorization for an approximately 69,500 sq. ft. manufacturing and warehouse facility, and (PC15-26-ZSB) attached 4,200 sq. ft. ancillary retail facility. LOCATION: Northwest of Johnny Cake Ridge Road and 147th Street W. PETITIONER: HBP Property Holdings, LLC, and Karamella, LLC 6. LAND USE/ACTION ITEMS --NONE-- 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, August 19, 2015 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, July 22, 2015 -Site plan, variance applications due by 9:00 a.m. on Monday, August 10, 2015 Wednesday, September 2, 2015 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, August 5, 2015 -Site plan, variance applications due by 9:00 a.m. on Monday, August 24, 2015 NEXT CITY COUNCIL MEETINGS Thursday, August 13, 2015 Informal 5:30 P.M. Regular Scheduled Meeting 7:00 P.M. Thursday, August 27, 2015 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 CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JULY 15, 2015 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, Planner Kathy Bodmer, Planner Margaret Dykes, Assistant City Engineer Brandon Anderson and Department Assistant Joan Murphy. 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 Diekmann, approving the agenda. Ayes - 6 - Nays - 0. 3. APPROVAL OF MINUTES JUNE 17, 2015 Chair Melander asked if there were any changes to the minutes. Hearing none he called for a motion. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of June 17, 2015. Ayes - 6 - Nays — 0. 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Village at Founders Circle 2nd Addition — Public hearing to consider rezoning two parcels totaling 4.78 acres from "PD-739, Zones 1 and 2" to "PD-739, Zone 1", and preliminary plat to create one (1) platted lot. (PC15-24-ZSG) LOCATION: Generally southeast of Garrett Avenue and 153rd Street W. PETITIONER: Dakota County CDA Chair Melander opened the public hearing at 7:01 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 15, 2015 Page 2 of 5 Planner Margaret Dykes stated the Dakota County CDA, the property owner of two parcels totaling 4.78 acres generally southeast of the intersection of Garrett Avenue and 153rd Street W., is requesting the following actions: • Rezone the property to allow for stand -alone high- density residential development; and • Replat the two existing parcels into one lot of record. The property is to be platted as Lot 1, Block 1, Village at Founders Circle 2nd Addition. The CDA is not proposing any development at this time. An existing agreement between the CDA and the City states development would not occur before 2017 due to the other multi- family residential projects in the Central Village currently under construction. This would allow these other multi - family developments to be absorbed by the market before the subject parcels are developed. The two properties are currently zoned "Planned Development 739, Zones 1 and 2 ". The properties were zoned according to an approved 2004 development plan. "PD-739, Zone 1" allows only for multi- family residential development as stand -alone uses. This zone does not allow for commercial development. "PD 739, Zone 2" allows for commercial development, as well as multi- family residential development but the residential uses must be mixed in the same building as commercial uses. Based on market data, the CDA believes the site should be rezoned to "PD -739, Zone 1. The CDA anticipates that the property could be developed in the future as a market -rate apartment building. Upon rezoning of the property, the CDA would pay the City $1.5 million towards assessments canceled against the parcels. Kari Gill, Dakota County CDA, commented that they had entered into a pre - development agreement with the City of Apple Valley and will put the property on the market. They do not intend to develop the property themselves. Chair Melander closed the public hearing at 7:08 p.m. 6. LAND USE /ACTION ITEMS A. ISD 196 Transportation Hub Facility — 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) LOCATION: Northeast corner of Johnny Cake Ridge Road and Upper 147th Street West PETITIONER: ISD 196 Planner Kathy Bodmer stated Independent School District 196 submitted an application to construct a transportation hub facility on the northeast corner of Johnny Cake Ridge Road and Upper 147th Street West. The 60,000 sq. ft. facility would include a bus garage for storage of 84 buses, four bus CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 15, 2015 Page 3 of 5 maintenance bays, office, fenced temporary storage for a maximum of six buses, and a free standing bus wash and fueling area. The public hearing for the Transportation Hub was held at the Planning Commission's May 20, 2015, meeting, held open for additional comments, and then closed at the June 17, 2015 meeting. There were several outstanding items that needed to be addressed. Since the time of the public hearing, meetings have been held with neighboring property owners to obtain feedback on the height of the screening fence along the north property line. Most of the neighbors stated, if the project is approved, a 12' tall fence is preferred to best screen the development from the neighborhood. Other neighbors recently stated they preferred an 8' tall fence, so more discussion is needed. The neighbors state that they continue to be concerned about the proposed development. The primary concern raised by the neighborhood is the issue of the operation of the facility and whether it is compatible with adjacent residential neighborhoods. Other bus facilities were visited and they were found to be busy and noisy and operated at all hours. In addition, several other questions and issues were raised. She reported the Planning Commission could take one of three actions: recommend approval of the project with conditions, recommend denial of the project with findings, or direct staff and the petitioner to obtain additional information for consideration at the August 5, 2015. Scott McQueen, Wold Architects, commented that representatives from ISD 196 are available to answer questions. Randy Dukek, Transportation Coordinator for ISD 196, explained ISD 196 put a lot of thought into how this building could be situated and how it could be built to minimize any concern to the neighborhood to the north. They want to be a good neighbor. Commissioner Alwin inquired as to the proposed condition of leaving the north doors closed unless a bus is actually entering the building and what ISD 196 may be thinking about the impact of the operation. Mr. Dukek reported that if they did not have the doors open upon the return time then each bus would need a garage door opener. They would wait as late as they could to open the doors otherwise they would open the garage doors when the buses are starting to return for the day. If each bus driver had a garage opener then all morning the doors would be going up and down which could be more distracting and more cumbersome. Chair Melander asked if the motors that drive the openers are typical household kind or more powerful. Mr. Dukek answered that the doors are 12' doors and did not know if the motors are any louder other than probably the time it takes to go up and the noise a garage door usually makes. Bruce Nordquist said the maintenance garage doors are opened to the east and west and equipment could be heard. He asked for Mr. Dukek to comment on that. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 15, 2015 Page 4 of 5 Mr. Dukek commented the only time of concern would be the summer and early fall. During the winter the doors are closed because it is cold. Commissioner Scanlan said if the garage doors are left open the sound would travel through the mechanics bay. He commented that with newer technology some doors are quiet when opening. He would like to see the doors closed. Commissioner Diekmann asked for clarification on the noise study and refracting noise. David Braslau, David Braslau Associates, Inc., provided additional information. He agreed that noise can reflect off the bus. Commissioner Scanlan asked if the noise proposal was for 3/4" wall and ISD 196 decided to go with 1 1 /2" heavier wooden material how much difference in sound control does it make with one material vs. the heavier material. Mr. Braslau answered that 3/4" thickness is the minimum and for taller walls you would construct with heavier wood which is more stable. The material itself is doing a lot better job of stopping the sound than the height of the wall because sound reflects over the top of the wall. Ted Carlson, Carlson Commercial, commented he was available to answer questions. Chair Melander asked what went into the study that he performed. Mr. Carlson answered that they looked at 14 different sites throughout Apple Valley and Eagan and they looked at a combination of location, efficiency and saving money as well as zoning, available land, cost of land, a willing seller and the ability to close on the property. Chair Melander asked if this site was his recommendation. Mr. Carlson answered that it was not his recommendation. The study had been presented and ISD 196 made the selection. Chair Melander recognized that there are unanswered items and that the fence, the opening of the doors and the noise of the motors have not been clarified. He thought this would have been farther along. He asked Ms. Bodmer if staff was still working on those things. Ms. Bodmer answered yes and that staff is recommending not taking action tonight. Chair Melander commented that there are lots of issues with this project that need to be addressed. Commissioner Scanlan expressed concern about the roof vent system, the height of the units and the visual from Upper 147th Street and inquired if they can be screened so as not to be so visible. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 15, 2015 Page 5 of 5 Scott McQueen, Wold Architects, provided addition information on the roof system and power roof ventilators. He said there were seven units on the south side and they were included in the sound study. Ms. Bodmer said staff would continue to work with ISD 196. MOTION: Commissioner Burke moved, seconded by Commissioner Alwin to table the item to the next meeting. Ayes - 6 - Nays - 0. 7. OTHER BUSINESS A. Review of the Mixed Business Campus Comprehensive Plan Designation. Community Development Director Bruce Nordquist stated the 2030 Comprehensive Plan was adopted by the City Council on January 14, 2010. A prior action taken by the City Council in May, 2009, directed staff "to review and update the City Council every five years on development and continued viability of the Mixed Business Campus." It has been five years since the adoption of the 2030 Comprehensive Plan. He stated a re-introduction was appropriate at this time. Future meetings would discuss marketing, development, official actions and viability of the Mixed Business Campus to provide an update to the City Council. B. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, August 5, 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 Diekmann to adjourn the meeting at 8:31 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, Murphy, Planning Dpartmf Assistant Approved by the Apple Valley Planning Commission on city of App e Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: LIA August 5, 2015 Consent PROJECT NAME: Village at Founders Circle 2 Addition PROJECT DESCRIPTION: • Rezone two parcels totaling 4.78 acres from "PD-739, Zones 1 and 2" to "PD-739, Zone 1". • Subdivision by preliminary plat to create one (1) lot. STAFF CONTACT: Margaret Dykes, Planner APPLICANT: Dakota County Community Development Agency (CDA) APPLICATION DATE June 17, 2015 60 DAYS: August 15, 2015 DEPARTM ENT/DIVISION: Community Development Department PROJECT NUMBER: PC15-24-ZPG 120 DAYS: October 14, 2015 Action Requested 1. Recommend approval of the draft amendment rezoning the subject 4.78-acre site from "PD- 739, Zones 1 and 2" to "PD-739, Zone 1". 2. Recommend approval of the preliminary plat for Founders Circle 2 Addition, subject to compliance with all applicable City Codes and standards. Project Summary/Issues The Dakota County CDA, the property owner of two parcels totaling 4.78 acres generally southeast of the intersection of Garrett Avenue and 153 Street W., is the following actions: • Rezone the property to allow for stand-alone high-density residential development; and • Replat the two existing parcels into one lot of record. The property is to be platted as Lot 1, Block 1, Village at Founders Circle 2 Addition. The CDA is not proposing any development at this time. An existing agreement between the CDA and the City states development will not occur before 2017 due to the other multi-family residential projects in the Central Village currently under construction. This will allow these other multi-family developments to be absorbed by the market before the subject parcels are developed. This is considered a "housekeeping" issue, and is not controversial. Public Hearing Comments: The public hearing was held June 17, 2015. No comments were received from the public or from the Planning Commission. Zoning: The two properties are currently zoned "Planned Development 739, Zones 1 and 2". The properties were zoned according to an approved 2004 development plan. "PD-739, Zone 1" allows only for multi-family residential development as stand-alone uses. This zone does not allow for commercial development. "PD 739, Zone 2" allows for commercial development, as well as multi-family residential development but the residential uses must be mixed in the same building as commercial uses. Based on market data, the CDA believes the site should be rezoned to "PD-739, Zone 1. The CDA anticipates that the property could be developed in the future as a market-rate apartment building. Upon rezoning of the property, the CDA would pay the City $1.5 million towards assessments canceled against the parcels. Preliminary Plat: The proposed preliminary plat shows the combination of two existing parcels into one 4.78-acre lot to be used for a future multi-family development. Right-of-way for abutting public roads (Garrett Avenue, Founders Lane, and Galaxie Avenue) had been previously dedicated with the Village at Founders Circle development. All public utilities are available to the site and have been installed. Sidewalks exist along Founders Lane and Galaxie Avenue. Sidewalk will be needed along Garrett Avenue between Founders Lane and the sidewalk's current terminus on City property to the south. The existing predevelopment agreement executed between the City and the CDA states the City will install and pay for the missing sidewalk on Garrett Avenue. A trail is slated to be constructed from the subject site through the City stormwater pond to the south. This area has been graded in anticipation of the construction of the trail. A portion of the trail is proposed to be located on the subject property where it is to intersect with a planned future plaza. The City had received funding from the Metropolitan Council for the construction of this trail in the past, but the funding was returned because no project materialized. When the site develops in the future, it would be staff s intention to request authorization to apply for a grant for the construction of the trail. All public utilities are available to the site and have been installed. The preliminary plat shows appropriate utility easements; however, the City Engineer has advised that the drainage and utility easements in the center of the property also include a trail easement. Budget Impact None noted at this time. Attachment(s) 1. Draft Ordinance Amendment 2. Area Map 3. Comprehensive Plan Map 4. Existing Zoning Map 5. Proposed Zoning Map 6. Existing Conditions 7. Preliminary Plat 8. Predevelopment Agreement 2 H:\DEVELOPM\2015 Projects\Founders Circle 2nd Add\080515 PC rneino2.docx 9. Legal description of future plaza area 10. Narrative from Applicant Property Location: Generally southeast of Garrett Avenue and 153 Street W. Legal Description: Outlot A, VILLAGE AT FOUNDERS CIRCLE, according to the recorded plat thereof, EXCEPTING THEREFROM: That part of Outlot A, VILLAGE AT FOUNDERS CIRCLE, according to the recorded plat thereof Dakota County, Minnesota described as follows: Commencing at the southeast corner of said OUTLOT A; thence South 89 degrees 44 minutes 28 seconds West, assumed bearing, along the South line of said OUTLOT A, said line also being the South line of the North 2259.86 feet of the Northwest Quarter of Section 34, a distance of 118.22 feet to the point of beginning; thence continuing South 89 degrees 44 minutes 28 seconds West, along said south line of OUTLOT A, a distance of 582.75 feet to the southwest corner of said OUTLOT A; thence North 00 degrees 36 minutes 33 seconds West, along a westerly line of said OUTLOT A, a distance of 1.10 feet, thence North 00 degrees 16 minutes 57 seconds East, along a westerly line of said OUTLOT A, a distance of 81.07 feet; thence South 89 degrees 43 minutes 03 seconds East a distance of 385.37 feet; thence North 44 degrees 57 minutes 45 seconds East a distance of 31.41 feet, thence South 45 degrees 02 minutes 15 seconds East a distance of 120.00 feet; thence North 44 degrees 57 minutes 48 seconds East a distance of 52.90 feet; thence South 45 degrees 00 minutes 00 seconds East a distance of 74.25 feet to the point of beginning. AND That part of the West 895.35 feet of the East 945.35 feet which lies south of the North 2259.86 feet of the Northwest Quarter of Section 34, Township 115, Range 20, Dakota County, Minnesota described as follows: Commencing at the southeast corner of OUTLOT A, VILLAGE AT FOUNDERS CIRCLE according to the recorded plat thereof Dakota County, Minnesota; thence South 89 degrees 44 minutes 28 seconds West, assumed bearing, a distance of 118.22 feet along the South line of the North 2259.86 feet of the Northwest Quarter of Section 34, said line also being the South line of said OUTLOT A, to the point of beginning; thence South 45 degrees 00 minutes 00 seconds East a distance of 185.81 feet, thence South 00 degrees 00 minutes 00 seconds East a distance of 31.98 feet; thence South 42 degrees 02 minutes 53 seconds East a distance of 15.48 feet; thence North 89 degrees 47 minutes 32 seconds East a distance of 169.42 feet to the West line of Galaxie Avenue, said West line also being the East line of the West 895.35 feet of the East 945.35 feet of the Northwest Quarter of Section 34, thence North 00 degrees 11 minutes 15 seconds East, along said West line of Galaxie Avenue, a distance of 118.50 feet; thence South 89 degrees 47 minutes 32 seconds West a distance of 70.60 feet; thence northwesterly 134.49 feet along tangential curve concave to the northeast having a radius of 160.00 feet and a central angle of 48 degrees 09 minutes 35 seconds; thence North 42 degrees 02 minutes 53 seconds West, tangent to said curve, a distance of 4.99 feet to the South line of said North 2259.86 feet; thence South 89 degrees 44 minutes 28 seconds West along said South line of said North 2259.86 feet and said south line of OUTLOT A, a distance of 118.22 feet to the point of beginning. Comprehensive Plan Designation "MIX" (Mixed Use) Zoning Classification "PD -739, Zones 1 & 2" (Planned Development) Existing Platting One parcel is a platted outlot, and the other is unplatted Current Land Use Vacant Size: 4.78 acres Topography: Relatively flat Existing Vegetation Grass Other Significant None identified Existing Conditions VILLAGE AT FOUNDER'S CIRCLE 2 ADDITION PROJECT REVIEW 3 H: \DEVELOPM\2015 Projects\Founders Circle 2nd Add \080515 PC memo2.docx NORTH SOUTH EAST WEST Vacant Comprehensive Plan Zoning /Land Use City storm water pond Comprehensive Plan Zoning /Land Use Vacant Comprehensive Plan Zoning /Land Use Goodwill Comprehensive Plan Zoning/Land Use Natural Features Adjacent Properties /Land Uses Development Project Review: 4 H: \DEVELOPM\2015 Projects\Founders Circle 2nd Add \080515 PC memo2.docx "MIX" (Mixed Use) "PD -739" (Planned Development) "MIX" (Mixed Use) "PD -739" (Planned Development) "MIX" (Mixed Use) "PD -739" (Planned Development) "C" (Commercial) "RB" (Retail Business Comprehensive Plan: The subject lots are guided "MIX" (Mixed Use) in the 2030 Comprehensive Plan. The Mixed Use designation calls for a mix of retail and service businesses, office, medium and higher density residential, public uses, and parks and recreation uses. The development proposal is consistent with the Plan. Zoning: The two properties are currently zoned "Planned Development 739, Zones 1 and 2 ". The properties were zoned according to an approved 2004 development plan. The development plan was later changed and properties replatted to their current configurations, but the original zoning boundaries remained in place with the understanding that they could be modified to accommodate new development proposals. "PD-739, Zone 1" allows only for multi- family residential development as stand -alone uses. This zone does not allow for commercial development. "PD 739, Zone 2" allows for commercial development, as well as multi - family residential development but the residential uses must be mixed in the same building as commercial uses. Based on market data, the CDA believes the site should be rezoned to "PD -739, Zone 1. The CDA anticipates that the property could be developed in the future as a 168 -unit, market -rate apartment building. Construction would not likely begin until at least 2017 due to the other multi - family residential projects in the Central Village currently under construction. This will allow these other multi - family developments to be absorbed by the market before the subject parcels are developed. The CDA anticipates no more than 45% of the units (76 units) would have rent or income restrictions. Upon rezoning of the property, the CDA would pay the City $1.5 million towards assessments canceled against the parcels, as stated in a Predevelopment Agreement executed in 2014 between the City and the CDA (attached). Preliminary Plat: The proposed preliminary plat shows the combination of two existing parcels into one 4.78 -acre lot to be used for a future multi- family development. Right -of -way for abutting public roads (Garrett Avenue, Founders Lane, and Galaxie Avenue) had been previously dedicated with the Village at Founders Circle development. Utilities: All public utilities are available to the site and have been installed. The preliminary plat shows appropriate utility easements; however, the City Engineer has advised that the drainage and utility easements in the center of the property also include a trail easement. Pedestrian Access: Sidewalks exist along Founders Lane and Galaxie Avenue. Sidewalk will be needed along Garrett Avenue between Founders Lane and the sidewalk's current terminus on City property to the south. An existing predevelopment agreement executed between the City and the CDA states the City will install and pay for the missing sidewalk on Garrett Avenue. A trail is slated to be constructed from the subject site through the City stormwater pond to the south. This area has been graded in anticipation of the construction of the trail. A portion of the trail is proposed to be located on the subject property where it is to intersect with a planned future plaza. The City had received funding from the Metropolitan Council for this trail in the past, but the funding was returned because no project materialized. When the site develops in the future, it would be staff's intention to request authorization to apply for a grant for the construction of the trail. Parks: The existing Predevelopment Agreement states the CDA will provide $150,000 in park dedication funds. In addition, the CDA will also contribute $150,000 towards the cost of the construction of a plaza and trailhead along Founders Lane on its property. Attached is legal description of the plaza area that is to be dedicated to the City on the final plat for the Village at Founders Circle 2 Addition. Public Hearing Comments: The public hearing was held June 17, 2015. No comments were received from the public or from the Planning Commission. 5 H:\DEVELOPM\2015 Projects\Founders Circle 2nd Add\080515 PC memo2.docx TAX ID # ------ ----- .--_,--- ----- DESC1flP TION 01-81750-00-011 (4.06 ac ---, _,-_,<- - _ _ - " ----- _ -- Ou , I - ,A GE AT FOUNDERS CIRCLE, according to the recorded ---- _,,------ ---,-- plat t , d , - C. PTING T ' EFROM: .----%---- --- ----- ---- ---- - ------, -. — ------ -.--,---__=---,------ ..--> _---:-. _ --,-.----,--- ------"----------- ---.---",,--- That part lot A, GE AT FOUNDERS CIRCLE, according to — the recorded ereof Dakota County, Minnesota described as follows: -:-.0-%,—, --%-- Comm " g at t southeast corner of said OUTLOT A; thence South 89 -.------,s_ . -->--.-=, degrees 44 28 seconds West, assumed bearing, along the South line of said OLr'_ OT A, said line also being the South line of the North 2259.86 feet -_,-,.-- of t e orthwest Quarter of Section 34, a distance of 118.22 feet to the -----, „_-"---•-------- point 6.41 ing; thence continuing South 89 degrees 44 minutes 28 seconds along said south line of OUTLOT A, a distance of 582.75 ---- feet to th e southwest corner of said OUTLOT A; thence North 00 degrees 36 minutes 33 seconds West, along a westerly line of said OUTLOT A, a distance of 1.10 feet, thence North 00 degrees 16 minutes 57 seconds East, along a westerly line of said OUTLOT A, a distance of 81.07 feet; thence South 89 degrees 43 minutes 03 seconds East a distance of 385.37 feet; thence North 44 degrees 57 minutes 45 seconds East a distance of 31.41 feet, thence South 45 degrees 02 minutes 15 seconds East a distance of 120.00 feet; thence North 44 degrees 57 minutes 48 seconds East a distance of 52.90 feet; thence South 45 degrees 00 minutes 00 seconds East a distance of 74.25 feet to the point of beginning. 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, on August 5, 2015, the Plannin hereinafter described. WHEREAS, the Planning Commission of the City of A property described herein on July 15, 2015, as required by C NOW, THEREFORE, BE IT ORDAINED by the City Council o Dakota County, Minnesota, that: 1. The boundaries of the hereby amended by rezoning the follo_ Avenue and 153 Street W. from "PD Zone 1" (Planned Development) in development: districts esta ribed pro • and 2 for Valley held a public hearing on e Section 155.400(D), and ission recommended the rezoning as City of Apple Valley, by City Code S1ti on 155.006 are enerally located northeast of Garrett nned Development) to "PD-739, ensity multi-family residential 01-03400-28-020 (0.72 acres) ATTEST: Pass That part of the West 895.35 feet of the East 945.35 feet which lies south of the North 2259.86 feet of the Northwest Quarter of Section 34, Township 115, Range 20, Dakota County, Minnesota described as follows: Commencing at the southeast corner of OUTLOT A, VILLAGE AT FOUNDERS CIRCLE according to the recorded plat thereof Dakota County, Minnesota; thence South 89 degrees 44 minutes 28 seconds West, assumed bearing, a distance of 118.22 feet along tl South line of the North 2259.86 feet of the Northwest Quarter of Section 3 , said line also being the South line of said OUTLOT A, to the point of ; thence South 45 degrees 00 minutes 00 seconds East a distance t, thence South 00 degrees 00 minutes 00 seconds East a dish thence South 42 degrees 02 minutes 53 seconds East a ice North 89 degrees 47 minutes 32 seconds East d ' t die West line of Galaxie Avenue, said West line also Wit 895.35 feet of the East 945.35 feet of the Northw:ua � Section 34� e North 00 degrees 11 mi a distance of 11 West a distance o tangential curve cony ceflaa. of 4 e i ii %� econds I� youth ling f said Nor 28�" ids W y along said south - day Pamela J. Gackstetter, City Clerk is ordin me effec seconds Ea of 31.98 ce of 15.48 feet ance of 169.42 feet t in the East de of the said West line o hence Sou a alaxie Avenue, degrees 47 minutes 32 seconds Jw 134.49 feet along east h: a radius of 160.00 feet and a .s; thence North 42 degrees curve a distance of 4.99 feet to .86 feet; t nce South 89 degrees 44 minutes th line of said North 2259.86 feet and said lce of 118.22 feet to the point of beginning. ence no se on its passage and publication. Mary Hamann- Roland, Mayor b b b b NOLL 3.gir,LVIV 5 2 fi — - - -1-s— r*. (:4, 3AV AXV1VO ;' 3Av avo, OEM GO, o g r '?] *LC' / / / / / 1N.N3SV3 ONV 30VNIV80 NOLLIC. c'JH',T.:1_ 0\7'1'1 / / / I (I) LJ Li N'' a4151 3111 S?" _J / — - 1 / 8 0 o E8 ' / / 311N3AV 3IXV1V9-,, 1 Naito:iv r - ro! 0 E'A 6 8 z 2 PREDEVELOPMENT AGREEMENT This agreement (this "Agreement") is made between the Dakota County Community Development Agency, a Minnesota public body corporate and politic ("the CDA") and the City of Apple Valley, a Minnesota municipal corporation ("the City"), as of Uutof... 2,6 , 2014. RECITALS 1. Due to tax forfeiture, the State of Minnesota held in trust and Dakota County managed two parcels of land located in the City which are identified on Exhibit A attached hereto ("the Property"). 2. The CDA requested, and the Dakota County Board of Commissioners approved, conveyance of the Property to the CDA for the purposes of developing, or causing a private owner to develop, high quality, Class "A" mixed-income apartment or townhouse buildings ("the Project"). The conveyance has been completed. 3. The City has completed certain public utilities and street improvements, a portion of the cost of which was assessed against the Property. In connection with the tax-forfeiture of the Property to the State of Minnesota, all delinquent and current special assessments which were levied against the Property were canceled (the "Canceled Special Assessments). If the CDA conveys the Property to a private owner (not including an entity created by the CDA pursuant to Minnesota Statutes, Section 469.012, Subd. 2j, which would be treated as if it were a public entity pursuant to such section) (a "Private Owner"), the City is authorized under Minn. Stat. § 429.071, Subd. 4, to reassess special assessments canceled because of the tax forfeiture. 4. It is in the interest of each of the parties to enter into this Agreement regarding the development of the Project. In consideration of the agreements contained herein and other good and valuable consideration, the parties agree as follows: 1. The City will process, in good faith, a proposal to rezone the Property from Article 31 Designation 739 Zone 2 to Article 31 Designation 739 Zone 1. All obligations of the CDA hereunder are expressly conditioned on completion of such rezoning. To the extent applicable, the provisions contained in this Agreement will be contained in any Planned Development Agreement related to such rezoning. 2. The parties agree that the Canceled Special Assessments shall be addressed as follows: a. The CDA shall make the following payments to the City: i. The CDA will pay $1,500,000.00 to the City within 60 days following the rezoning of the Property as described above; and ii. In the event the CDA is approved for construction of more than 168 residential units, the CDA will pay to the City an additional amount of $8,929.00 for each unit in excess of 168 units. Payment of the additional amount shall be made prior to the issuance of any building permit for any building that will result in the total number of units in the Project exceeding 168. b. The City agrees that if the CDA pays $1,500,000.00 to the City under Section 2(a)(i) of this Agreement and any additional amount due under Section 2(a)(ii) of this Agreement, then the City waives its rights under Minn. Stat. § 429.071, Subd. 4, to reassess the Canceled Special Assessments if the Property is returned to private ownership. c. Notwithstanding anything herein to the contrary, if the CDA does not pay $1,500,000.00 to the City under Section 2(a)(i) of this Agreement and any additional amount due under Section 2(a)(ii) of this Agreement, then the City reserves its rights under Minn. Stat. § 429.071, Subd. 4, to reassess the Canceled Special Assessments if the Property is returned to private ownership. 3. In the event the CDA develops the Project in lieu of conveying the Property to a Private Owner, and the CDA is not paying property taxes, the CDA will enter into an agreement with the City to pay a service charge with respect to any market-rate units in the Project subject to the requirements and restrictions of Minn. Stat. 469.040, Subd. 3, intended to provide to the City its portion of property tax revenues that would be generated by such market-rate units if they were owned by a Private Owner. The City acknowledges that the CDA has the authority to establish tax increment financing (TIF) districts and that it may choose to do so in the event that the CDA determines in its sole discretion that it is necessary for the feasibility of the Project. 4. The CDA shall manage the Project or provide the City with evidence that any proposed initial manager has the skill and resources to manage a Class A mixed income project in a high quality fashion. The CDA agrees that the Project will include a contemporary amenity package meeting the needs of the market based on a current market analysis done within six (6) months of the initial application for approval of site plan/building permit authorization. 5. The CDA agrees that not more than 25% of the residential units in the Project will be held for occupancy by persons whose income is 50% or less of the median income for the Minneapolis/St. Paul metropolitan area, adjusted for family size; and/or not more than 45% of the residential units in the Project will be held for occupancy by persons whose income is 60% or less of the median income for the Minneapolis/St. Paul metropolitan area, adjusted for family size. 6. The CDA will not commence construction of the Project until certificates of occupancy have been issued by the City for the two mixed-income apartment buildings neighboring Kelley Park (aka the Gabella and Galante Buildings) (the "Kelley Project"), provided 2 however, that the CDA may commence construction of the Project without regard to this provision either (i) on or after July 1, 2015, if construction of the Kelley Project has not then commenced, or (ii) on or after July 1, 2017, if such certificates of occupancy have not been issued by such date. 7. The City agrees to complete the construction of a trail or sidewalk along the east side of Garrett Avenue, so that residents of the Project may have access to the 155 Transit Station located at 155 Street and Cedar Avenue, without cost to the CDA and without assessing any of such costs against the Property. 8. The parties agree that the park dedication requirements for the Project shall be as follows: a. The CDA shall pay park dedication fees to the City in the amount of $150,000.00; and b. In the event the CDA is approved for construction of more than 168 residential units, the CDA will pay to the City additional park dedication fees of $893.00 for each unit in excess of 168 units; and c. The CDA shall construct a plaza and trailhead connection along the edge of Founders Lane pursuant to plans and specifications approved by the City. The CDA shall be responsible for the cost of constructing the plaza and trailhead up to the maximum amount of $150,000.00 (in addition to park dedication fees in the amount of $150,000.00) and the City shall be responsible for any reasonable cost of constructing the plaza and trailhead in excess of $150,000.00. The CDA shall dedicate the area containing the plaza and the trailhead to the City as a park at no additional cost to the City, to be maintained by the City at the City's expense and for which the CDA will have no further financial or maintenance responsibility. d. All park dedication fees shall be paid prior to the release of any plat or building permit for the initial improvement of the Property. 9. The CDA recognizes that the City cannot, through this Agreement, obligate the Council to approve future applications and understands that nothing in this agreement shall be construed as pre-approval by the City of any application for land-use or building permit/site plan consideration submitted by the CDA, its successors or assigns. 10. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party. [Signature Page Follows] 3 In witness whereof, the City and the CDA have executed and delivered this Predevelopment Agreement. Dated: Dated: , 2014 , 2014 Dated: tetA, 6 , 2014 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY y: Mark Ulfers Its: Executive Director CITY OF APPLE VALLEY, MINNESOTA Its: Acting Mayor By: Pamela J. Ga Its: City Clerk 4 EXHIBIT A DESCRIPTION OF THE PROPERTY PID: 01-03400-28-020 That part of the West 895.35 feet of the East 945.35 feet which lies south of the North 2259.86 feet of the Northwest Quarter of Section 34, Township 115, Range 20, Dakota Minnesota described as follows: Commencing at the southeast corner of OUTLOT A, VILLAGE AT FOUNDERS CIRCLE, according to the recorded plat thereof Dakota County, Minnesota; thence South 89 degrees 44 minutes 28 seconds West, assumed bearing, a distance of 118.22 feet along the South line of the North 2259.86 feet of the Northwest Quarter of Section 34, said line also being the South line of said OUTLOT A, to the point of beginning, thence South 45 degrees 00 minutes 00 seconds East a distance of 185.81 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 31.98 feet; thence South 42 degrees 02 minutes 53 seconds East a distance of 15.48 feet; thence North 89 degrees 47 minutes 32 seconds East a distance of 169.42 feet to the West line of Galaxie Avenue, said West line also being the East line of the West 895.35 feet of the East 945.35 feet of the Northwest Quarter of Section 34; thence North 00 degrees 11 minutes 15 seconds East, along said West line of Galaxie Avenue, a distance of 118.50 feet; thence South 89 degrees 47 minutes 32 seconds West a distance of 70.60 feet; thence northwesterly 134.49 feet along a tangential curve concave to the northeast having a radius of 160.00 feet and a central angle of 48 degrees 09 minutes 35 seconds; thence North 42 degrees 02 minutes 53 seconds West, tangent to said curve, a distance of 4.99 feet to the South line of said North 2259.86 feet; thence South 89 degrees 44 minutes 28 seconds West, along said South line of said North 2259.86 feet and said south line of OUTLOT A, a distance of 118.22 feet to the point of beginning. PID: 01-81750-00-011 Outlot A, VILLAGE AT FOUNDERS CIRCLE, according to the recorded plat thereof, EXCEPTING THEREFROM: That part of Outlot A, VILLAGE AT FOUNDERS CIRCLE, according to the recorded plat thereof Dakota County, Minnesota described as follows: Commencing at the southeast corner of said Outlot A; thence South 89 degrees 44 minutes 28 seconds West, assumed bearing, along the South line of said Outlot A, said line also being the South line of the North 2259.86 feet of the Northwest Quarter of Section 34, a distance of 118.22 feet to the point of beginning, thence continuing South 89 degrees 44 minutes 28 seconds West, along said south line of Outlot A, a distance of 582.75 feet to the southwest corner of said Outlot A; thence North 00 degrees 36 minutes 33 seconds West, along a westerly line of said Outlot A, a distance of 1.10 feet, thence North 00 degrees 16 minutes 57 seconds East, along a westerly line of said Outlot A, a distance of 81.07 feet; thence South 89 degrees 43 minutes 03 seconds East a distance of 385.37 feet; thence North 44 degrees 57 minutes 45 seconds East a distance of 31.41 feet; thence South 45 degrees 02 minutes 15 seconds East a distance of 120.00 feet; thence North 44 degrees 57 minutes 48 seconds East a distance of 52.90 feet; thence South 45 degrees 00 minutes 00 seconds East a distance of 74.25 feet to the point of beginning. 5 PROPOSED LEGAL DESCRIPTION That part of Lot 1, Block 1, VILLAGE AT FOUNDERS CIRCLE 2ND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota described as follows: Commencing at the southwest corner of said Lot 1; thence on an assumed bearing of South 89 degrees 43 minutes 03 seconds East along the southerly line of said Lot 1, a distance of 385.37 feet; thence North 44 degrees 57 minutes 45 seconds East along said southerly line, a distance of 31.41 feet to the point of beginning; thence South 45 degrees 02 minutes 15 seconds East along said southerly line, a distance of 110.00 feet; thence North 44 degrees 57 minutes 45 seconds East, a distance of 145.03 feet to the northeasterly line of said Lot 1; thence North 45 degrees 02 minutes 15 seconds West along said northeasterly line, a distance of 110.00 feet; thence South 44 degrees 57 minutes 45 seconds East, a distance of 145.03 feet to the point of beginning. (THIS LEGAL DESCRIPTION SHALL BECOME VALID UPON RECORDING THE PLAT OF VILLr1GE AT FOUNDERS CIRCLE 2ND ADDITION) LuoY2u.aguo!dvAmm 881'6 t7161 (ISO SID31.11-1DZIV Bc1VDSCINV SUOARAWIS ON, Yd F— CC < 0 d w >- .i 0 < <0 _J 0 0 _J Li_ — 5 0 c, < 0 LL._ Li t.,_ O 0 0 0 z , < I-- ,— 0 iii w z w z < . w 0 c, , w _ „,_ 0 o 0 , z — L Li., o o , 0 z Lu w 0 CC I— Lu VI co z o u..1 o Q_ O V) LLI Lij 1 a 0 I-- Li j > • 0 L) 1 i- 0 W Lu O 0 1 (0 0 1--- W , i, ,— 1 O j 0 Q) —i 0 °- I <— W , in I ' D 0 0 0 Cl_ 0 CC 0 . Z < I— 0 O 0 2 --) E0 z , - b - . a _ z v) EE ' 0 c E 0 0W u-- Li-I iii 0 0 _1 0 . (f) < I-- 0 0 CC Z ( - 5 v) LLI 0 CC 1,1 I 0 Id aj CI 0 (n 0 1 a)) i 1 . , <Q 0 0 C./ V) Z I C) CC _0 Z Z ....., 1.L. Aouo2y luawdolanaci /cllunwwop /Clunop Elo3tea 14013)IS UOIldIJOS3C1 - , 000 NV I `sv-I anIla asydialug zztz NARRATIVE STATING DESCRIPTION OF REQUEST Attachment to Land Use /Development Application Form The Dakota County CDA acquired the property by tax forfeiture. The parcels are subject to the Predevelopment Agreement dated June 26, 2014. The CDA is requesting that the property be rezoned from Article 31 Designation 739 Zone 2 (commercial) to Article 31 Designation 739 Zone 1 (multifamily). The CDA may convey the property to a private developer and approximately 168 units will be developed. In addition the CDA agrees to construct a plaza and trailhead connection and dedicate the area containing the plaza and trailhead to the City, to be maintained by the City. PROJECT NAME: Leach Garage Variance Approval Extension PROJECT DESCRIPTION Thomas C. Leach, MD, requests consideration of a previously granted variance to construct a 957 sq. ft. detached garage at 8460 — 133 Street Court. STAFF CONTACT: Kathy Bodmer, Planner DEPARTMENT/DIVISION: Community Development Department APPLICANT: Thomas C. Leach, MD PROJECT NUMBER: PC15-28-V APPLICATION DATE: July 22, 2015 60 DAYS: September 19, 2015 120 DAYS: November 18, 2015 Budget Impact None. City of Apple, Val ey ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 4B August 5, 2015 Consent Proposed Action • Recommend approval of a variance to construct a 957 sq. ft. detached garage, subject to compliance with all City Codes, the conditions previously stated in Resolution No. 2013- 13, and the following: The exterior of the garage shall be constructed of materials that are compatible with the exterior of the home. Project Summary/Issues Thomas C. Leach, 8460 — 133 Street Court, was granted a variance to construct a 1,248 sq. ft. detached accessory building at the January 24, 2013, City Council meeting, with conditions as stated in Resolution No. 2013-13. A variance approval is valid for one year, so the variance approval lapsed on January 24, 2014. Dr. Leach was unable to construct the detached building within the approval timeline. As a result, he is requesting reconsideration of the variance in order to construct a 957 sq. ft. detached garage. The findings from the previous variance request remain true today: 1. The Leach property is 3.3 acres. Of that, approximately two acres of lawn is maintained. 2. All landscape maintenance equipment is for personal use and not for a commercial use or home occupation. 3. All setbacks are met. 4. The location of the building in the rear yard will screen the building from the street and adjacent properties, maintaining the character of the neighborhood. 5. The total area of all garages, including the attached garage, does not exceed the size of the footprint of the house. Attachment(s) 1. Location Map 2. Zoning Map 3. Site Plan 4. Elevation Plan 5. Floor Plan 6. Resolution 2013-13 Legal Description: Lot 23, Block 1, Chateau Estates Comprehensive Plan Designation LD-Low Density Residential (3-6 units/acre) Zoning Classification R-1 Single Family 40,000 s.f. Existing Platting Platted lot. Current Land Use Single family residential property. Size: 3.3 acres. Topography: Rolling. Existing Vegetation Heavily wooded in rear yard. Other Significant Natural Features N/A. Adjacent Properties/Land Uses NORTH Lot 22, Chateau Estates Comprehensive Plan LD-Low Density Residential (0-6 units/acre) Zoning/Land Use R-1 Single Family 40,000 s.f. SOUTH Lot 24, Chateau Estates Comprehensive Plan LD-Low Density Residential (0-6 units/acre) Zoning/Land Use R-1 Single Family 40,000 s.f. EAST Lots 1 & 2, Block 1 Heritage Hills 8 Addn and Lot 4, Block 2 Heritage Hills 6 Addn Comprehensive Plan LD-Low Density Residential (0-6 units/acre) Zoning/Land Use R-3 Single Family 11,000 s.f. WEST Lot 1, Chateau Estates Comprehensive Plan LD-Low Density Residential (0-6 units/acre) Zoning/Land Use R-1 Single Family 40,000 s.f. Existing Conditions Pronertv Location: Leach Garage Variance Reauthorization 8460 — 133 Street Court PROJECT REVIEW 4 .I(4 , AP pircTlegigGITIC 21 Icigi4- 41%, ����La7Y+t� (I�JlJfl J _.. i M AC\ ��tt: r Il r c r ! 1 p `i - 11 a i:, p 4. r, �I � .:� ■Mrs `r7I WEILI _-in X7 0' p " p c \JI d) Ie aii^I7�n f r (+ L� I�.�����am Y � ir ll!I 41011 T : / t' .�7 r. w1� r -W ‘ Ast yhrov milif#F misigasig fir leowsminuppm tam. Aympite 0• N. N uvWMS$UWN IIVW W.l ( SY.IWI M- VS.ShlYIN (SraLVI IL 9s4 r I I rl r1 V � J I 1 JIiiVIJ r 1 • gSF J 1 v a ANOSSHDDI NOIIWJHOdNI sor 14 V LUG/ t; Li If < 0b 0 2' Q0 pflg H s DiaVD ANOSSaDDi Inv NOLLVIMIOANI or [ N N CC tr CITY OF APPLE VALLEY RESOLUTION NO. 2013-13 A RESOLUTION APPROVING VARIANCE FOR A DETACHED GARAGE EXCEEDING 750 SQ. FT. 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, pursuant to the City's said regulations, a "Variance" is an exception granted by the City Council from the literal provisions of the zoning regulations where unique conditions exist which do not apply to the area in general; and WHEREAS, approval of a Variance has been requested by Thomas C. Leach for a variance from the maximum size allowed for an accessory building in order to construct a 26' x 48' or 1,248 sq. ft. detached garage; and WHEREAS, the Apple Valley Planning Commission reviewed the variance request at a public meeting held on January 16, 2013, and made the following determination: 1. The Leach property is 3.3 acres. Of that, approximately two acres of lawn is maintained. 2. All landscape maintenance equipment is for personal use and not for a commercial use or home occupation. 3. All setbacks are met. 4. The location of the building in the rear yard will screen the building from the street and adjacent properties, maintaining the character of the neighborhood. 5. The total area of all garages, including the attached garage, does not exceed the size of the footprint of the house. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that a 498 sq. ft. variance from the maximum size allowed for a detached building of 750 sq. ft. to construct a 26' x 48' or 1,248 sq. ft. detached garage is hereby approved, subject to all applicable City Codes and standards, and the following conditions: 1. If the Building Permit is not paid for and issued within one (1) year of the date of approval, the variance approval shall lapse. 2. The Building Permit shall be applicable to property identified as Lot 23, Block 1, Chateau Estates (8460 — 133" Court). 3. The variance is approved due to the findings of "Practical Difficulties" as presented by the Planning Commission at their January 16, 2013, meeting. 4. Construction shall occur in conformance with the site plan received in City offices on January 16, 2013. 5. Construction shall occur in conformance with the floor plan received in City offices on January 16, 2013. 6. Construction shall occur in conformance with the elevation plan received in City offices on January 16, 2013. 7. Site grading shall occur in conformance with a Natural Resources Management Plan (NRMP) which shall include final grading plan to be submitted for review and approval by the City Engineer. 8. Construction shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. Saturdays. 9. Earthmoving activities shall not occur when wind velocity exceeds thirty (30) miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. 10. Issuance of a Building Permit and a final certificate of occupancy is contingent upon the project being constructed in conformance with all the preceding conditions as well as all applicable performance standards of the current zoning regulations. In the event that a certificate of occupancy is requested prior to completion of all required site improvements, a suitable financial guarantee in the amount of 125% of the estimated cost of the unfinished improvements shall be required along with an agreement authorizing the City or its agents to enter the premises and complete the required improvements if they are not completed by a reasonably stipulated deadline, with the cost of such City completion to be charged against the financial guarantee. 11. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED that such issuance is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. 2 ATTEST: ADOPTED this 24th day of January, 2013. /A& a,607i Pamela J. GacHtetter, City Clerk CERTIFICATE I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the 24th day of January, 2013. 3 Pamela J. Gackstetter, City Clerk PROJECT NAME: Karamella Addition PROJECT DESCRIPTION: • Zoning Amendment to allow for ancillary retail in conjunction with a permitted use in the "I-1", "1-2", and "BP" zoning districts. • Subdivision by preliminary plat to create one (1) lot and one (1) outlot. • Site Plan/Building Permit Authorization for an approximately 69,500 sq. ft. manufacturing and warehouse facility, and attached 4,200 sq. ft. ancillary retail facility. STAFF CONTACT: Margaret Dykes, Planner DEPARTM ENT/DIVISION: Community Development Department APPLICANT: HBP Property Holdings, LLC, and Karamella, LLC PROJECT NUMBER: PC15-26-ZSB APPLICATION DATE July 8, 2015 60 DAYS: September 5, 2015 120 DAYS: November 4, 2015 city of Apple ITEM: PLANNING COMMISSION MEETING DATE: SECTION: Action Requested • Open the public hearing, receive comments and close the hearing. It is the policy of the Planning Commission not to act on an item the same night as its public hearing. August 5, 2015 Public Hearing Project Summary/Issues Zoning Amendment: The property, located northwest of Johnny Cake Ridge Road and 147 Street W., is zoned "1-2" (General Industrial). It does not allow for ancillary retail sales. The applicant is requesting an amendment to the zoning code to allow for ancillary retail sales in conjunction with the manufacturing facility. The City Attorney has drafted zoning code amendments that would allow ancillary retail sales as a permitted accessory use in conjunction with a permitted use provided the retail does not exceed 10% of the total floor area or 5,000 sq. ft., whichever is smaller. This will allow a tenant to have a retail operation to sell products manufactured or warehoused on the site. In staff' opinion, allowing a small amount of retail in conjunction with a manufacturing or retail facility does not detract from the overall industrial use of the property. Subdivision: The applicant is requesting a subdivision by preliminary plat of the subject 21.58-acre site into one lot and one outlot. Lot 1 will be 9.84 acres (428,630 sq. ft.), and Outlot A is shown as 9.47 acres. The remaining property is dedicated for right-of-way for 147 Street and Johnny Cake Ridge Road. An additional 26' wide drainage/utility/trail easement is needed along Johnny Cake Ridge Road to accommodate the installation of an 8'-wide bike trail, and right-turn lanes to access the site as well as 147 Street. An approximately 1.4-acre stormwater infiltration area on Outlot A that accommodates drainage from Lot 1. This area should be incorporated into Lot 1 and a drainage/utility easement placed over it. Please see the Assistant City Engineer's memo for this issue. Site Plan: The site plan shows an approximately 69,500 sq. ft. manufacturing/warehouse facility, and attached 4,200 sq. ft. ancillary retail facility. The total building area is about 73,700 sq. ft. This is approximately 17% of the lot area. The plan shows a layout for a future expansion, which would increase the building area by approximately 85,280 sq. ft., bringing the maximum building area to 158,939 sq. ft. The building coverage with a future expansion would be about 37 %; this complies with the Code, which allows a maximum building coverage of 45% (192,884 sq. ft.). The building is approximately 27 feet tall, which is below the maximum 40 foot height allowed by the Code. A roof parapet or a screen immediately surrounding the unit must screen all rooftop mechanicals. The screening material must be at least the same height as the mechanical unit. The proposed building requires 139 parking spaces; the plan shows 190 spaces. Also shown on the plan are spaces for tour bus parking that could accommodate large school buses. With the future building addition, the site will require an estimated 266 spaces, depending on the final use of the space. The plan shows 54 future parking spaces, bringing the total spaces shown to 244. The plan indicates 22 additional parking spaces will be placed in the tour bus parking area. Staff is satisfied the parking plan meets the Code requirements. The site is accessed by one drive intersecting with Johnny Cake Ridge Road, which is a collector road. The Assistant City Engineer has stated that, due to the traffic volume on Johnny Cake, this must be a right - in/right -out only access point. Right -turn lanes will be required at the access point, and the City will construct a right -turn lane onto 147 Street. There are two driveways accessing 147 Street W. (also a collector), which will provide full access. Right turn lanes will also be required on 147 Street. The Assistant City Engineer has reviewed the grading plan and has several issues that must be addressed by the applicant. The memo is attached. The plan shows one pedestrian connection from public sidewalk on 147 Street W. to the site. Because of the retail component to the site, the applicant should install additional sidewalk connections. Staff believes there are locations for additional pedestrian connections from 147 Street. The Code requires at least 1.5% of the cost of building materials based on Means Construction Data. The plan is short of that amount. Additional landscaping materials could be added throughout the site. In addition, if the ponding area were incorporated into Lot 1 the landscaping in that area would be counted towards the total. The building materials consist of pre -cast concrete panel. Though the subject building is an industrial facility, the design could be improved with a mix of textures and additional windows. The applicant states they do not wish to use a flat panel design, and wish to use the Double Tee precast building shown on the elevations. Budget Impact N/A Attachment(s) 1. Location Map 2. Comprehensive Plan Map 3. Zoning Map 4. Proposed Zoning Amendment 5. ALTA Survey 6. Preliminary Plat 7. Site Plan 8. Grading and Drainage Plan 9. Erosion Control Plan 10. Storm Sewer Plan 11. Utility Plan 12. Landscape Plan 13. Architectural Site Plan 14. Preliminary Floor Plan H: \DEVELOPM\2015 Projects\Karamella \080514 PC report.docx 2 15. Elevations 16. Photo Sample of Exterior 17. Trip Generation Summary 18. Letter from Applicant 19. City Engineer Memo 20. Fire Marshal Memo 21. Building Official Memo Property Location: Northwest of Johnny Cake Ridge Road and 147 Street W. Legal Description: A parcel of land located in the East Half of the Southwest Quarter of Section 26, Township 115, Range 20, Dakota County, Minnesota, more particularly described as follows: Commencing at the South quarter corner of said Section 26; then North 00 degrees 05 minutes 31 seconds East along the East line of said East /2 of the Southwest % a distance of 1957.76 fee to the point of beginning; thence South 89 degrees 51 minutes 01 seconds West a distance of 655.87 feet; thence 583.57 feet along the arc of a tangential curve concave southerly having a radius of 2045.00 feet, central angle of 16 degrees 21 minutes 01 seconds; thence South 73 degrees 30 minutes 00 seconds West a distance of 101.63 feet to the west line of the said East 1/2 of the Southwest 1/4 ; thence North 00 degrees 02 minutes 52 seconds West along said west line of the East /2 of the Southwest % a distance of 799.83 feet to the North line of said East /2 of the Southwest 1/4; thence North 89 degrees 53 minutes 15 seconds East along the said north line of East 1/2 of the Southwest '/ a distance of 1330.55 feet to the east line of said East '/2 of the Southwest '/; thence South 00 degrees 05 minutes 31 seconds West along said East line of the East 1 of the Southwest % a distance of 687.66 feet to the point of beginning there terminating. Comprehensive Plan Designation "IND" (Industrial) Zoning Classification "I -2" (General Industrial) Existing Platting Unplatted. Current Land Use Vacant. Size: 21.58 acres Topography: Generally flat. Existing Vegetation Crops. Other Significant Natural Features None identified Adjacent Properties/Land Uses NORTH Johnny Cake Ridge Park West Comprehensive Plan "P" (Park) and "INS" (Institutional) Zoning /Land Use "P" (Institutional) SOUTH Former Hanson Site Comprehensive Plan "IND" (Industrial) Zoning /Land Use "I -2" (General Industrial) EAST Vacant s roperty (Patina Addition) and Uponor Comprehensive Plan "IND" (Industrial) Zoning /Land Use "I -1" (Limited Industrial) WEST Apple Valley Business Campus Comprehensive Plan "IND" (Industrial) Zoning /Land Use "I -2" (General Industrial) Existinu Conditions Comprehensive Plan: The site is guided "IND" (Industrial) in the City's Comprehensive Guide Plan, and the proposal is consistent with the Comprehensive Plan. No change to the Comprehensive Plan designation is requested. Zoning: The property is zoned "I -2" (General Industrial), which allows for manufacturing, office, warehouse, and similar more intensive industrial uses. It does not allow for ancillary retail sales. The applicant is requesting an amendment to the zoning code to allow for ancillary retail sales in conjunction with the manufacturing facility. City staff has reviewed other cities' ordinances, and there are several that allow ancillary retail in industrial zones, generally with conditional use permits though some allow as permitted uses or permitted accessory uses. The City Attorney has drafted amendments to the zoning code that would allow ancillary retail sales as a permitted accessory use in conjunction with a permitted use provided the retail does not exceed 10% of the total floor area or 5,000 sq. ft., whichever is smaller. This H: \DEVELOPM\2015 Projects\Karamella \080514 PC report.docx KARAMELLA ADDITION PROJECT REVIEW 3 will allow a tenant to have a retail operation to sell products manufactured or warehoused on the site. The total area of the subject building is 73, 700 sq. ft.; the retail is approximately 4,200 sq. ft. or 6% of the total building area. In City staff's opinion, allowing a small amount of retail in conjunction with a manufacturing or retail facility responds to the needs of existing and future businesses. Many warehousing and manufacturing businesses will have some small amount of sales for older product they want to sell, or to entice customers for larger sales. This is customary and does not detract from the overall industrial use of the property. To ensure there is sufficient parking, an ancillary retail space should be required to conform to the parking standards now in place for other retail uses. Subdivision: The applicant is requesting a subdivision by preliminary plat of the subject 21.58-acre site into one lot and one outlot. Lot 1 will be 9.84 acres (428,630 sq. ft.), and Outlot A is shown as 9.47 acres. The remaining property is dedicated for right -of -way for 147 Street and Johnny Cake Ridge Road. An additional 26' wide drainage /utility /trail easement is needed along Johnny Cake Ridge Road to accommodate the installation of bike trail, and right -turn lanes to access the site as well as 147 Street. Johnny Cake Ridge Road is expected to carry about 20,000 vehicles and turn lanes are needed. There is an approximately 1.4 -acre stormwater infiltration area on Outlot A that accommodates drainage from Lot 1. This area should be incorporated into Lot 1 and a drainage /utility easement placed over it. Please see the Assistant City Engineer's memo for this issue. All necessary drainage and utility easements are shown on the preliminary plat. There is a private pipeline easement in the southeast corner of Lot 1; it appears the building does not encroach into this easement though a flagpole is shown in the easement. Though this is a private easement, the applicant should be aware that the owner of the pipeline, Magellan, will not allow any encroachments into the easement. Recreation Issues: The development requires park dedication. The proposed building will be required to provide cash -in- lieu -of -land as part of the building permit authorization. The park dedication fee will be collected with the building permit. Any future expansion of the building for additional manufacturing /warehousing /retail will require additional park dedication to accommodate future employees. The City's Comprehensive Plan calls out the west side of Johnny Cake Ridge Road as a location to install missing bike trail. An 8' -wide bike trail must be constructed on the applicant's property within the easement. Site Plan: The site plan shows an approximately 69,500 sq. ft. manufacturing /warehouse facility, and attached 4,200 sq. ft. ancillary retail facility located on the southeast area of the site. The total building area is about 73,700 sq. ft. This is approximately 17% of the lot area. The plan shows a layout for a future expansion, which would increase the building area by approximately 85,280 sq. ft., bringing the maximum building area to 158,939 sq. ft. The building coverage with a future expansion would be about 37 %; this complies with the Code, which allows a maximum building coverage of 45% (192,884 sq. ft.). The building is approximately 27 feet tall, which is below the maximum 40 foot height allowed by the Code. The loading docks are located on the northwest side of the building and conform to City standards. The trash and recycling enclosure is located at the north end of the loading docks; the applicant states it will be screened by precast panes and metal gates, which should be called out on the plans. The plan does not indicate where building mechanicals will be located, though the applicant has stated these will be located on the roof. All rooftop mechanicals must be screened by a roof parapet or a screen immediately surrounding the unit. The screening material must be at least the same height as the mechanical unit. A lighting plan will be required to ensure that no light trespass in excess of 1.0 footcandles will occur. Parking: The proposed building requires 139 parking spaces; the plan shows 190 spaces. Also shown on the plan are spaces for tour bus parking that could accommodate large school buses and leave a 24' wide drive aisle. With the future building addition, the site will require an estimated 266 spaces, depending on the final use of the space. The plan shows 54 future parking spaces, bringing the total spaces H: \DEVELOPM\2015 Projects\Karamella \080514 PC report.docx 4 shown to 244. The plan indicates 22 additional parking spaces will be placed in the tour bus parking area, and the parking for tour buses will be shifted farther to the north. Staff is satisfied the parking plan meets the Code requirements. Street Classifications /Accesses /Circulation: The site is accessed by one drive intersecting with Johnny Cake Ridge Road, which is a collector road. The Assistant City Engineer has stated that, due to the traffic volume on Johnny Cake, this must be a right - in/right -out only access point. Right -turn lanes will be required at the access point, and the City will construct a right -turn lane onto 147 Street. Future improvements to Johnny Cake, including a signal, will be monitored by the City and made when it is determined the improvements are needed. There are two driveways accessing 147 Street W. (also a collector), which will provide full access. These driveways are about 315' feet apart. Driveway widths meet City requirements. Right turn lanes will also be required on 147 Street. Pedestrian Access: The plan shows one pedestrian connection from public sidewalk on 147 Street W. to the site. Because of the retail component to the site, the applicant should install additional sidewalk connections. Staff believes there are locations for additional pedestrian connections from 147 Street. There are sidewalks surrounding the building connecting to the parking areas. Signs: Signs and/or sign structures are not included as part of the building permit authorization. A separate sign permit must be approved before any ground or building signage may be installed. The code allows one (1) ground sign for the site. The ground sign must be located at least 13 feet from the property line. Grading Plan: The Assistant City Engineer has reviewed the grading plan and has several issues that must be addressed by the applicant. The memo is attached. Availability of Municipal Utilities: Municipal utilities are available to the site. The Assistant City Engineer recommends connecting to the water main in Johnny Cake Ridge Road to eliminate the approximately 800' of water main on the north property line that connects to Outlot A. Landscape Plan: The plan shows a mix of deciduous and evergreen trees. The applicant has stated they would prefer not to install foundation plantings because of concerns related to pests and food manufacturing. The Code requires at least 1.5% of the cost of building materials based on Means Construction Data. The plan is short of that amount. Additional landscaping materials could be added throughout the site. In addition, if the ponding area were incorporated into Lot 1 the landscaping in that area would be counted towards the total. The Natural Resources Coordinator's comments are included in the Assistant City Engineer's memo. She states that the seed mix for the ponding /infiltration area must comply with MnDOT standards, and a protective buffer zone must be established. Elevation Drawings: The building materials consist of a Double Tee pre -cast concrete panel. Staff suggests the applicant revise the elevations so that they are more consistent with more recent and modern surrounding industrial developments. Though the subject building is an industrial facility, the design could be improved with a mix of textures and additional windows. The applicant states they do not wish to use a flat panel design, and wish to use the eDouble Tee precast building shown on the elevations. Public Safety Issues: The Fire Marshal has reviewed the plans, and has some minor comments that the applicant must address. Public Hearing Comments: To be taken. H: \DEVELOPM\2015 Projects\Karamella \080514 PC report.docx 5 s s s CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155 OF THE CITY CODE ENTITLED "ZONING" BY AMENDING SECTIONS TO ALLOW ANCILLARY RETAIL SALES IN INDUSTRIAL AND BUSINESS PARK ZONES The City Council of Apple Valley ordains: Section 1. Section 155.204 of the Apple Valley City Code is ereby amended by adding Section 155.204 (F) to read as follows: §155.204 PERMITTED ACCESSORY USES. (F) Retail sales of any service or any product, goods a nal produced at ortlirectly related to the principle use on site, subject to the following: 1. The retail sales are subordinate to the principle use. 2. The gross floor area used for the retail sale is not more than ercent of the total gross floor area or 5000 square feet, whichever is less, ofthe principle building if a single • user/occupant or of the principle user's occupied within a multiple-user structure. 3. The retail sales are owned and operated solely le user/occupant of the subject site. 4. The parking re Code are met on the Section 2. Section Section 1 ws: § 155.219 PERMJTTEDACCESSORYUSES. both the principle use and the retail use as set forth in this alley City Code is hereby amended by adding A Accessory uses permitted in the 1-1 districts shall also be permitted in the 1-2 districts. (B) Retail saleofny service or any product, goods or material produced at or directly related to the principle on site subject to the following: 1. The retail sales are subordinate to the principle use 2. The gross floor area used for the retail sales is not more than 15 percent of the total gross floor area or 5000 square feet, whichever is less, of the principle building if a single user/occupant or of the principle user's occupied space if within a multiple-user structure. 3. The retail sales are owned and operated solely by the principle user/occupant of the subject site. 4. The parking requirements for both the principle use and the retail use as set forth in this Code are met on the subject site. Section 3. Section 155.233 of the Apple Valley City Code is hereby amended by revising Section 155.233 to read as follows: § 155.233 PERMITTED ACCESSORY USES. (A) Within any BP district, the uses or uses deemed similar by the City Council as listed in § 155.093 shall be permitted accessory uses. (B) Retail sales of any service or any product, goods or material produced at or directly related to the principle use on site, subject to the following: 1. The retail sales are subordinate to the principle use. 2. The gross floor area used for the retail sales is not more than 15 percent of the total gross floor area or 5000 square feet, whichever is less, of the principle building single user/occupant or of the principle user's occupied space if within a multiple-user structure. 3. The retail sales are owned and o erated solel b the s rinci le user/occu ant of the sub'ect site. 4. The parking requirements for both the principle use and the retail use as set forth in this Code are met on the subject site. ATTEST: Pamela J. Ga Section 4. Effective Date. This ordi Date Ordinance Adop PASSED this day of Date of Public Hearing: tetter, City a Date Ordinance Published in Legal Newspaper: 2 take effect upon passage and publication. amann-Roland, Mayor ■••■■■ :q" I I 1, ■••■• ••■•■•■■ l••■■■• :1 Ile rognin ..E s , 11.1■1. (7), • 0 ca 8 5 j Hh 588 !LH; h 1,q II r 44 8 0[1gC3(}, -- Y 80 1,i ; 0,1 1 U fit'f. E, _Pf I P i If il ill h 11 1 !I fi ilii U f i El; g l I 1 8 F; L — — I ,§ _L m..640,9 OV0,1 30018 3,IV3 ANNHOr MAC.S0.0S 99L89 M.3E,50.0S ,691£9 OL s‘ £9 Aft..ZS,Z \ ON ' Iner .V1C 3.6.80.0S 3.520. 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C. . 00 VZ LSS V.LOS3NNIIN :011VA alddY CIVO. 390121 3NVO ANNHO, 1S3M 13381S HILVL 011 Y113V021,1 1,1.99,0S3NNINI 'A311VA 31c1c1V OV0,13001,13,1V0 ANNHO, IS3M133,11S HIL171. 011 'V 1 0 0 0— 0— 0— 0— 8 X X 10 0 4 I 0 or] Lki 0 (r) 0 0 0 0 o 8 0 0 kel d d wSB Assoc! es, engineering . planning' en vironmenta construction 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763- 541 -4800 Fax: 763- 541 -1700 Memorandum To: Matt Swenson From: Erik Seiberlich Date: July 7, 2015 Re: Karamella LLC Development Trip Generation Summary This memorandum summarizes the estimated trip generation for the proposed Karamella LLC Development located in Apple Valley, MN, as shown in Figure 1. The trip generation estimates are based on a 74,500 sf candy manufacturing space and a 3,500 sf retail area. Trip generation estimates are also shown for a potential future expansion of 86,500 sf of manufacturing space. A summary of the trip generation based on the ITE Trip Generation Manual is as follows: • 675 daily trips generated in the build year • 1,296 daily trips generated in the future expansion year Detailed trip generation estimates, based on the proposed land uses and intensity are shown in Table 1 (build year) and Table 2 (expansion year). The General Light Industrial land use was used as it best represented the proposed manufacturing, warehousing and office space. Specialty Retail Center was used for the retail area and slightly modified to more represent expected conditions. Trip distribution percentages are based on the existing average daily traffic volumes (ADTs) for area roadways, as well as expected origin and destination areas. Area roadway ADTs are shown in Figure 2. Distribution percentages are shown in Figure 3 and as follows: • 21% from the North • 19% from the West • 37% from the South • 23% from the East The trips were also distributed by the location of each access for the development, and the vehicles that will be likely to use that access. Access 1 will be used by employees in the manufacturing and warehouse areas as well as for shipping ad delivery uses. Access 2 will be used for office employees, visitors and retail staff and customer trips. Access 3 will be used for all trips. Figures 4 and 5 show the number of expected trips generated by the proposed development to use each access for the build year and expansion year. Tables 3 and 4 show this information in table format. d d d d d d EFHco III General Contracto July 8, 2015 Ms. Margaret Dykes Planner City of Apple Valley 7100 147 Street W. Apple Valley, MN 55124 RE: Karamella, LLC Development Dear Ms. Dykes: Existing property owners: Following are the parties involved in the proposed development: Mr. Nigel Wills HBP Property Holdins, LLC 300 E. John Carpenter Freeway Irving, TX7SO62 Real Estate 1 Construction | Property Management 2999 W. County Road 42, Suite 206, Burnsville, MN 55306 952-890-64501 Fax 952-.890-5476 1 ethco,corri We are pleased to submit the attached Development Application including site plan, zoning amendment and preliminary plat for review and approval by the City of Apple ValIey. The proposed Karamella, LLC, development is located at the northwest corner of Johnny Cake Ridge � Road and l4, th Street West and legally described per the attached legal description. The site is currently an undeveloped a icultural parcel with no access roads or site utilities. The proposed development plan includes an approximately 70,000 square foot precast manufacturing, office, distribution, warehouse, and retail building with expansion capacity up to 160,000 square feet. The project includes separate accesses on 147 Street W. for the manufacturing employees and retail and office staff and provides for an additional access to the outlot for future use by that portion ofthe site. We have also incorporated an access on Johnny Cake Ridge Road that will aid in the traffic flow to and from the site and separate the retail traffic from the truck and employee traffic. Site utilities and ponding would be installed to serve the new and future expansion ofthe project ject as well as accommodate the easterly right of way and the south 60-acre parcel storm water flow thru as requested by the City of Apple Valley. We are also applying for a zoning amendment to permit a retail storefront at the southeast corner of the building that will provide retail sales, product sampling and tour bus stops. This p 'ectmiUultinnate|yprovdeandrnaintainoverIOO'obsintheCit»ofAop|eVaUey It will also add an iconic company with over 100 years of history to the impressive list of established manufacturers located in Apple Valley. Ms. Margaret Dykes July 8, 2015 Page 2 Applicant: Developer / General Contractor: Architect: Engineer/ Surveyor We are attaching the application form, required submittals including but not limited to, Certificate of Survey, Site PIan, Grading and Drainage PIan, Storm Sewer PIan, Sediment and Erosion Control PIan, UtiIity PIan, Preliminary floor plan, Preliminary PIat and Landscape PIan (to follow) and checks for the fees and escrows required. Please direct all questions and comments to : Mike Whalen EFH Co. mwhalen@efhco.com 952-890-6450 phone 952-890-5476 fax We appreciate the opportunity to present this development to you and look forward to bringing an iconic business and community members to the City of Apple Valley. Please do not hesitate to contact me with any questions, Mike Wha EFH Co. Mr. Steve Hegedus KanerneUa,LL[ 3501 W. Burnsville Parkway Burnsville, MN 55306 952'890-4770 Mr. Mike Whalen EFH Co. 2999 W. County Road 42, #206, Burnsville MN 55306 952-890-6450 Mr. Mike Wilkus Wilkus Architects 15 Ninth Avenue North, Hopkins. MN 55343 952-941-8660 Mr. Matt Swenson WSB & Associates, Inc. 701 Xenia Avenue South, Suite 300 Minneapolis, MN 55416 763-512-5253 •••• *•*** 00. CITY OF App „ Valley Site MEMO Public Works TO: Maggie M. Dykes, Planner FROM: Brandon S. Anderson, Asst. City Engineer DATE: July 29, 2015 SUBJECT: Karamella Addition Preliminary Plat Review Maggie, The following are comments regarding the Karamella site plan dated July 08, 2015. Please include these items as conditions to approval. General • A 26-foot drainage and utility and trail easement shall be dedicated on the final plat along Johnny Cake Ridge Road (JCRR). • The area that includes the Storm water pond and infiltration area shall be platted as part of Lot 1 Block 1 and be dedicated as drainage and utility easement on the final plat or be platted as Outlot and dedicated to the City. • All work and infrastructure within public easements or right of way shall be to City standards. • A pre-construction meeting shall be held prior to beginning any work on the site. • No trees will be permitted in public easements. Permits • Provide a copy of the executed Encroachment Agreement with Magellan Pipeline for work occurring within easement area as indicated on plans. • Provide a copy of the executed Minnesota Department of Health, Minnesota Pollution Control Agency, Met Council, Department of Labor and any other required permits. • A right of way permit will be required for all work within public easements or right of way. • A Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity commences. • See attached Memo from Bolton & Menk dated 7/21/15 regarding additional preliminary traffic impact review requirements. • The access proposed at Johnny Cake Ridge Road (JCRR) should be modified to a RIRO with a right turn lane from JCRR. • Right turn lanes are required at all access points along 147 Street. The first RT access west of JCRR can be 60' long with 60' taper (120') and the other should be 120'-160' in length with a 60'1 00' taper length. Access points should meet the sight distance requirements and functional area calculations. This analysis should be included in Traffic Impact Study to be completed by applicant. • Provide additional dimensions on the site plan indicating dimensions to access points, radiuses, drive lane widths, etc... • Provide auto turn drawing showing internal circulation of trucks/vehicles. • Site plan should show site line triangles at access points to JCRR & 147th. The proposed grades at the existing berm along JCRR may need to be cut back further to ensure clear site lines upon access to JCRR. Site lines should also show clear site lines at proposed monument location at JCRR & 147 • Sheet CS 101 keynote 24 shall include reference to be constructed per AV Plate No. STR-4 or STR-5. • Sheet CS101 keynote 25 shall include reference to be constructed per AV Plate No. STR-8. Grading, Drainage and Erosion Control • The applicant shall submit a copy of the General Storm Water Permit approval from the Minnesota Pollution Control Agency pursuant to Minnesota Rules 7100.1000 — 7100.1100 regarding the state NPDES Permit prior to commencement of grading activity. • Erosion control measures shall be installed prior to beginning grading operations. • A construction entrance shall be provided at all proposed entrances to be utilized for erosion control purposes. • Street sweeping shall be performed as necessary to address material tracking from the site. • Provide the overall site composite Curve Number (CN) along with the impervious % on the area tabulation (sheet CG101). • The NWL, 100-year HWL and EOF should be indicated on plan sheets for storm water pond and infiltration basin. • The proposed stormwater pond and infiltration basin as submitted are sized to accommodate Lot 1 Block 1 only stormwater requirements. • The proposed two-cell storm water configuration is not preferred for this site, additional analysis is requested evaluate the feasibility of a single wet sedimentation cell with infiltration benches located along the north property line of the parcel that can accommodate future drainage from Outlot A. As currently designed an additional separate stormwater basin will be required when Outlot A develops. • The proposed infiltration basin as submitted shall be constructed in accordance with Dakota County Low Impact Development Standards. • The total allowable discharge rate from the site is 3.2 cfs (59 offsite acres x 0.044cfs/acre = 2.6 cfs + 13.5 acres x 0.044 cfs/acre = 0.6 cfs = 3.2 cfs). The proposed discharge rate is 3.1 cfs. (2.6 cfs offsite + 0.5cfs modeled). • Provide an accessible route (8' min. bench) for future maintenance access to outlet structure (STMH#22) and stormwater basin. Route should be covered by drainage and utility easement. Storm Sewer • Provide storm sewer calculations (Rational method) for proposed improvements. Sanitary Sewer and Water Main • Provide additional drawing showing required hydrant coverage for site. • Consider modifying the sanitary/water/storm configuration at the connection point along 147 Street to minimize utility conflicts. • An existing 16" water main is available along JCRR. A 16"x8" wet tap at this location would eliminate the ±800' of water main along the north property line connection to the west of the Outlot A. Landcape and Natural Resources • Consider additional evergreens along 147 St W for year round screening. • The 5 proposed black hills spruce on the north side of the parking lot may need more space (they have a mature width of —30'). • The seed mixed chosen are NOT what MNDOT uses in the Metro area (see page 9 of this letter http://www.dot.state.mn.us/environment/erosion/pdf/metro.pdf). o Seeded Pond Area (wet ponds & upland buffer) should be 33-261 per MNDOT seeding manual. o Low maintenance turf seed should be 25-131 per MNDOT seeding manual. • A protective buffer zone in accordance with ordinance 152.57 is required (16.5 feet for any stormwater pond) and shall be indicated on the plans. • Because native vegetation can be so hard to establish, provide a 3 year establishment plan. The plan should have information about when seed will be installed, tasks taken to prevent weed establishment, and information on the timing to the connection to the stormwater system. • The flagpole as shown should be relocated as it is located within the Magellan gas easement which is not a permitted use. Introduction Forecasts eo. Consulting Engineers & Surveyors 12224 Nicol let Avenue • Burnsville, MN 55337 Phone (952) 890-0509 • Fax (952) 890-8065 www.bolton-menk.com Date: July 21, 2015 To: City of Apple Valley, MN From: Bryan T. Nemeth, P.E., PTOE Michael Boex, P.E. Subject: Trip Generation Summary Review Karamella LLC Development MEMORANDUM The Trip Generation Summary for the Karamella LLC Development dated July 7, 2015 was reviewed to determine if the trip generation estimates are acceptable for additional analysis as required for a Traffic Impact Study (TIS). The use of Institute of Transportation Engineers (ITE) codes is acceptable. The Light Industrial for the manufacturing side appears to match expectations on trips. Based on the size of the retail store and knowledge of other candy manufacturers in the metro area, higher trip estimates are expected in the PM peak hour than what is shown under the Specialty Retail Center. Additionally, the Specialty Retail Center trip estimates are based on only three to four sites. Recommend update to trip generation estimates using ITE Code 820: Shopping Center for the retail portion of the site. Next Steps The Traffic Impact Study should include the following: 1. Updated trip generation and distribution 2. Volume maps of existing and future traffic, peak hour turning movements and daily 3. Operations analysis for the access driveways to the public roadway system and the primary intersections along roadways that are anticipated to have a change in ADT over 5% due to the development 4. Analysis for Existing, Build Year, 10 Years after Build, and Future Full Build scenarios 5. Mitigation recommendations for each scenario based on the analysis to provide volume to capacity ratios under 0.85 and acceptable service levels. Existing to 10 years after Build — LOS C, Full Build — LOS D 6. Intersection Sight Distance and Intersection Functional Area review of proposed access points H:\APVA\N15103965\General Projects\2015\Karamella LLC Development\2015-07-21_Karamella Trip Generation Summary Review.docx DESIGNING FOR A BETTER TOMORROW Bolton & Menk is an equal opportunity employer 000 0000 00000 0000 000° City of Apple TO: Maggie Dykes, City Planner FROM: Roy Kingsley, Fire Marshal DATE: July 21, 2015 SUBJECT: Karamella Addition MEMO Fire Department • MSFC 503.2.1 Dimensions: Fire apparatus access roads shall have an unobstructed width of not less than 20 feet except for approved security gates in accordance with section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. • MSFC 505.1 Address Numbers: Requires numbers to be visible from the street. • MSFC 506.1 Key Boxed: Requires building to have an Apple Valley Fire Dept. key box installed Model S -3 or R -3 with Tamper switch. • MSFC 903.2: Requires building to have a fire sprinkler system installed. • MSFC 903.4: Requires a fire alarm system to monitor the fire sprinkler system and key box. • MSFC 906.1: Requires fire extinguishers to be installed were needed per the fire code. Karamella Addition ••• •••• ••••• •••• ••• Apple. Presentation to the Planning Commission August 5, 2015 Request Zoning Amendment to allow for ancillary retail in conjunction with a permitted use in the "1 -1 ", "1- 2", and "BP" zoning districts Subdivision by preliminary plat to create one (1) lot and one (1) outlot Site Plan /Building Permit Authorization for an approximately 69,500 sq. ft. manufacturing and warehouse facility, and attached 4,200 sq. ft. ancillary retail facility Apple, 'Valley Location 21.58 -acre parcel northwest of Johnny Cake Ridge Road and 147th Street W. Ap'Valley Comprehensive Plan "IND" (Industrial) SITE Zoning "1 -2" (General Industrial) Apple. 'Valley Zoning Amendment Industrial Zones do not allow for ancillary retail Request is to allow ancillary retail Draft language: Retail does not exceed 15% of the total floor area or 5,000 sq. ft., whichever is smaller. Retail uses are subordinate to primary use Only products manufactured or directly related to principal use Parking requirements for retail uses must be met in addition to primary industrial /business park use. Allows a tenant to have a retail operation to sell products manufactured or warehoused on the site. Does not detract from the overall industrial use of property Industrial /BP Zones 2 A in ST PD-409 1[1- LB— PD-409 1 1 -2 PD-254 PD-254 la 1'nrketk • 1� e .1110ir I ���� PD -342 tt I PD-646 2 1 P r 4 clnTU CT 1 SG 151S ST P R! .I►#" � 4170. ;% I OU [1.3 !?i ■ 7 r,! MI= rn fr1 a �E1 �� �� ■ 111 �i7 tlr -111 � 11. I 2 Nis GE r 11�1111i11111�� i to o 4 A Apple „ Valley Preliminary Plat Outlot A FILLF 2..11.1. oil. ...ER PR INAR KARAMELLA ADDITION in DRoalaraE .m nsEMEn 1 f ff.acw«nw.R:.M.rastee FEJA 9.2F acre: LALIPAcE oIllat ,osao a,ie�v °r 8P IE OF ni 7` ILE au.K. STow SELTION 7191.. } nM , Lot 1, Block 1 KN. AEU IN LOT LIE MD 11 FEET 1.1 WIDTH Aelkill11.11.1E MEET MO 0.■7 Incorporate into Lot 1 LOT I 9.95 so 22,531 59 II fE�ooc. � � J semainvw w J• 199152.19.1. COO. sECria m my MRo v E o. . NO. 1257599 12 ioMroureum LIM ai i o2w S LLIL 571.72 Or idli.931, SOLirn P11315 11 r 7=14=a itlw to aY ma���� �Ywv 1�nwwea T. poi as. Narermlb, =mamma en ism aaranc• Karamella Addition Create one 9.85 -acre lot and 9.47 -acre outlot (Lot 1 = 11.22 acres, Outlot A = 8.1 if ponding /infiltration area included on Lot 1) Site Plan SA --- InRASEF-RI —4 FARR IREK - X+ BLE•31TRIK I dif 1 11 7 WIrErlrE 1311 7 11e10 %#E 111 1.ur uia Building Expansion Area 0E37 SWETT 1:1 lem ST Ilre FAIR, I RI RI -rg Apple. Valley Grading Plan Apple, 'Valley Storm Sewer Plan STORM SEWER NOTES 1. SEE IIIEET1 FOIL CAM GENERAL 113.36. BIELATED NOTES. M .E OBBIRACTOR 511311.13.3.1311TTO ERODE ALL MAW. STPLICTIFIES ANCIAPPORTE1133310ES THAT FALL WM. TIE LAM OF THZ CONTRACT. TIE OCNTRAOTOR *HALL 3.. ALL 3711131.111.1.3 UTLITE.1 AIM TEEM APPURTENANCES FREE OF LEGEND W PROPOSED C PROPOSED ssoi9PYATION CON.CT TO.1.1•C MetaIIXE .rYN:953m 4 W •t5•RWAi O.m% — -- RM MOO 7 RIM MBC.000 1 «` PM 471.21 fp! E) :t 11113 171.14 M) 1 =1 1 = IS" FSCSTRM STUB ETTa4Ce8B = :9T4 W 44.89 @'1 I IWJ: 9T7pp7) - - -- IbM 9if.107Vq ISC 9,75 11.171131 ,B) 979F1 fE; I 97 1.51 BAB Ml STRM C9 ins RIM BOW nry uaea [s 7 1 sTRM c. ON BO Inv 97r INV 83 II it 6Y/ -1s RC P AT �$TORYWATER POND DETAIL STRMMHAV] (3VTLS CONTROL STRUCTURE RAT IMtl119 WV: mom 04W1 FEB 177 .984,70 N 96` RCP AT CU.% STRIA 65.11 INN 4m,74 1S) PA E 71 R4) '3'31 INN 9e.xi E) EMU CB PIM MB. I.. WADE ) 1711 1ARRM STRIA MHYG RIM 48&00 INN 964.441571 lam 864.66 M 14 p ^T Mt:wt0S(81 4�,� s: i i aV • 16' RCP AT COIN ._p ■14 ,e n wm ' ="= ` R- 993.70 1 p ae 44M1 ST.W.— i c 4iiu.,s ' I CB R.R'a ' I STRN C6 17 RW 0131 kV: 978 04) aim S71EF1 CG1IO r iiey TEMPORARY EROSION AND SEDIMENT OD IRROL PROVISIONS REM SCHEDULE SILT FENCE, PERIMETER CONTROLS PRIOR 1OC STRIIL"IICN AHD YEOIATEiY AS MCTATEO COVER CROPS NEWT SEED Sfl t1 -111 (SPEC SSW 1M Ibc'ao MITRE EaaAO TYPE! MULCH MSC MICH DRED IN MADE UNLESS STRAW OR REFER MATTERS. IS SPEDRO] OTHHR+ALCE DR PLANS. 9ALET PROTECT ON PM STAICARO DETAILS EROSION & SEDIMENT CONTROL MAIRFMANCE 'WEEKLY NISPBCBCM i AFTER EACH RAIN EVENT-CORRECTIVE WORK AS NECESSARY Erosion Control Plan ALSO SEE INSPECTION Nil MAIMH•ANCE REODFEMENIS CONTDJNED N GENERAL PRCMSKWS OF SWPPP. r ---- ` ~� t � ' FFF 9 €st' '1 din I .rte M1 1471h STN. Apple 'Valley 1 • \_ CONNECT TO ExISTMG 12' S111E1 H 1216' M61AMR AHD 797 EENO. Utility Plan 1.X'b'6E DIP WATER r WAR 111"4.19 INV. papa F1.1f� 1. E'JV'T 1- E' GATE VALVE FIRE EER.t 1 I 7 ' CORP O BTaP 1 -7 SNRB STU. GEM 5Th BE1T E 1 - 1TX9 - %' RATE 51..VE 1•1 1"E 1A4N1-141E RIPN 595 .• DM 9t•P.AA CEII. INV: ESd WI -C1 E1 -- r _ Irmo s,•1.vom 11•166.20 Fm¢m 71 TEE 6P FIRE WATER.EERVICE 1- 13'X8 " JZER -.1 - r CflTE VALVE 1 -7116' TEE 1 • B` HYDRANT AMEMELT' 1 •1'45 BEND C DOME CTTOIEUE11NG 12 :— - RYN FN kw.. 147th 9TW. 14 : +e 1FIEU: 4ExI :n vli+Yl 1 I ATER E` DIP STA I ER F =E u ^U0:47G 1- 5'X0• TEE 1.7 I.DRAHTYISSEMBL 1 - a VALVE : -1 .9' -06'19EM '1.r eEND 1.7 112E BEN4 } B' 45"�EN O 9 , EEND I i. -. 7 11 ( r Apple, 'Valley Landscape Plan N53 5E 1 3 — a dr —LANDF/IME ri Er.,(4KG M_LCH 1471h ST.W. JftnP — 777 I! MIL 0 0 nb.13 r 351TI 0,11)F RC, NUL curacce WILISCAPE El:191ND Building Floor Plan FLOOR PLAN C.S. BOILER f BREAK OFFICE ME7LANINE ABOVE MEN'S LOCKERS I I I I II I I I I I I I I I J •� RETAIL -r Building Elevations Q 0 a o 111111111111 Ilr 11 r11 r11r 11r If 11 11 ■11 11"1111111111111111111.11 lr 111.11 x1 11.11 1121111111111112111411g111111A1 1 .1 .1 .1 .1 ■I 1 1 1 ..1 1 1 1E EC !EEC!11EC1E����E11l�1 �I11 �nE�E�H! �I�1 CCIIIC NORTH ELEVATION imp 1. = r 1111111 ■ 1 11 rt 111 r 11r 1 r r11r11 1 1 111. 1 1 .11 . 11 " il l ■II 11 . . . 1■ 1■ 1■ 1■ 1.11.1 ■1 ■ 1 ■I ■I !! X1! 1! 1 �1l ! ! X I ! 1 A! !! !II 111 EI !I EE © EAST ELEVATION 1 11 r III r n r 11 1 11 a 11 r 11 1 11 1 11 r 11 1 III 1 11 111 11.11 1 11 11 11 r 11 . III r 11 r 11 r 11 r 11 1 11 ■ 1 11 11 It 11.11 11 11 11 11 1 1■ 1 1■ 1.11.1 ■1 ■1 ■1 ■1 1 It It I!ICE!!!!11111 11111111111 "E!'E!E' ili11'I , 1 11 I IRI I II I IIR II . L LI ii MEM -1 MEIMI SOUTH ELEVATION 0 WEST ELEVATION .e. we . is GCE p e e o e 0 0 n L r . 11 111 1 u r u r llrl1111� 11� 1 1/1 11 11 r i lr 1 lr 11111 .11 nr n r1 111 ^ 1 . ^ 1. 11 .1.1 1 1. 1. 1.1.11.1.1.1.1 .1 1 l!1 111! ! !l 1 ! ! ! Issues to Address Ponding and infiltration area should be included on Lot 1 Will need drainage /trail /utility easement along Johnny Cake —for turn lane Right in /right out on Johnny Cake Landscaping — doesn't meet L5% Recommended Action Open the public hearing, receive comments, and close the hearing. • NOTE: It is the policy of the Planning Commission not to act on an item the same night as its public hearing. Apple, 'Valley Questions? Apple Valley