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HomeMy WebLinkAbout09/16/2015 Meeting Location: Municipal Center City of 7100 147th Street West Apple Valley, Minnesota 55124 SEPTEMBER 16, 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 AUGUST 19, 2015 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS A. Amendments to “PD” (Planned Development) Zoning Designation - Public hearing to consider amendments to the “PD” (Planned Development) zoning district. LOCATION: City Wide PETITIONER: City of Apple Valley B.Zoning Ordinance Amendments – Alcoholic Beverage Production Establishments - Public hearing to consider zoning ordinance amendments pertaining to alcoholic beverage production establishments. LOCATION: City Wide PETITIONER: City of Apple Valley C. Cobblestone Lake South Shore 9th Addition - Public hearing to consider Comprehensive Land Use Map amendments, rezoning, zoning amendments, and preliminary plat that will create 44 single-family lots and two outlots. LOCATION: SE corner of 157th Street W and Cobblestone Lake Pkwy S PETITIONER: Cobblestone Lake Development, LLC 6. LAND USE/ACTION ITEMS --NONE-- 7. OTHER BUSINESS A.Zoning Amendment I-2 – Update on proposed ordinance amendments to “I-2” (General Industrial) zoning district concerning bulk fuel storage tanks and heavy industrial uses that may no (PC15-06-Z) longer be compatible with the City’s 2030 Comprehensive Plan. LOCATION: City Wide PETITIONER: City of Apple Valley B. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS Wednesday, October 7, 2015 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, September 9, 2015 -Site plan, variance applications due by 9:00 a.m. on Monday, September 28, 2015 Wednesday, October 21, 2015 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, September 23, 2015 -Site plan, variance applications due by 9:00 a.m. on Monday, October 12, 2015 NEXT CITY COUNCIL MEETINGS Thursday, September 24, 2015 Regular Scheduled Meeting 7:00 P.M. Thursday, October 8, 2015 Informal 5:30 P.M. Regular Scheduled Meeting 7:00 P.M. Regular meetings are broadcast live on Charter Communications Cable, Channel 180. Agendas are also available on the City's Internet Web Site http://www.cityofapplevalley.org. 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Vice-Chair Burke at 7:00 p.m. Members Present: Ken Alwin, Tim Burke, Keith Diekmann, Angela Polozun, Paul Scanlan and David Schindler. Members Absent: Tom Melander. Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, Planner Margaret Dykes, Assistant City Engineer Brandon Anderson and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES AUGUST 19, 2015 Vice-Chair Burke asked if there were any changes to the agenda. Hearing none he called for a motion. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, approving the agenda. Ayes - 5 - Nays - 0. 3. APPROVAL OF MINUTES AUGUST 5, 2015 Vice-Chair Burke asked if there were any changes to the minutes. Hearing none he called for a motion. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, approving the minutes of the meeting of August 5, 2015. Ayes - 4 - Nays — 0. Abstain - 1 - Diekmann 4. CONSENT ITEMS A. Set public hearing for September 16, 2015, 7:00 p.m. to consider amendments to the "PD" (Planned Development) zoning district. LOCATION: City Wide PETITIONER: City of Apple Valley MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, adopting Resolution 2015-02 setting public hearing for September 16, 2015, at 7:00 p.m. to consider amendments to the "PD" (Planned Development) zoning district. Ayes - 5 - Nays — 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 19, 2015 Page 2 of 5 B. Set public hearing for September 16, 2015, 7:00 p.m. to consider zoning ordinance amendments pertaining to alcoholic beverage production establishments. LOCATION: City Wide PETITIONER: City of Apple Valley MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, adopting Resolution 2015 -03 setting public hearing for September 16, 2015, at 7:00 p.m. to consider zoning ordinance amendments pertaining to alcoholic beverage production establishments. Ayes - 5 - Nays — 0. Commissioner Schindler arrived at 7:01 p.m. 5. PUBLIC HEARINGS -- NONE -- 6. LAND USE /ACTION ITEMS A. Karamella Addition — Consider zoning amendment to allow for ancillary retail in conjunction with a permitted use in the "I-1", "I -2 ", and "BP" zoning districts, subdivision 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 attached 4,200 sq. ft. ancillary retail facility. (PC15- 26 -ZSB) LOCATION: Northwest of Johnny Cake Ridge Road and 147th Street W. PETITIONER: HBP Property Holdings, LLC, and Karamella, LLC Planner Margaret Dykes stated the property, located northwest of Johnny Cake Ridge Road and 147th Street W., is zoned "I -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 15% of the total floor area or 5,000 sq. ft., whichever is smaller. This would allow a tenant to have a retail operation to sell products manufactured or warehoused on the site. In staff's 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. She said the applicant is requesting a subdivision by preliminary plat of the subject 21.58-acre site into one lot and one outlot. The revised preliminary plat shows Lot 1 would be 11.11 acres, and Outlot A is shown as 8.21 acres. A 26' wide drainage /utility easement is now shown on the plat along Johnny Cake Ridge Road; however, it should be modified so that it allows for the installation of a bike trail in this area. An 8' -wide bike trail must be constructed on the applicant's property within the easement. The bike trail would be installed at the time of road improvements for Johnny Cake. A stormwater infiltration area has been incorporated into Lot 1 and a drainage /utility CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 19, 2015 Page 3 of 5 easement has been placed over it. All necessary drainage and utility easements are shown on the preliminary plat, though some may need to be modified. 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. 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 15 8,93 9 sq. ft. The revised site plan shows a right - in/right -out access to Johnny Cake, due to the traffic volume. An island in this drive will prevent illegal left turns into the site at this location. 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 147th Street W. (also a collector), which will provide full access. Driveway widths meet City requirements. Right - turn lanes are shown 147th Street, as required. Discussion followed. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, recommending approval of the draft ordinance amendment to allow for ancillary retail in conjunction with a permitted use in the "I -1" (Limited Industrial), "I -2" (General Industrial), and "BP" (Business Park) zoning districts. Ayes - 6 — Nays - 0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, recommending approval of the preliminary plat of Karamella Addition, a subdivision of a 21.58-acre parcel to create one (1) lot and one (1) outlot as shown on the plans received in City offices on August 12, 2015, subject to all applicable City codes and standards, and the following conditions: a. All necessary drainage and utility easements shall be dedicated on the plat for any existing and future public utility infrastructure. b. The property owner shall dedicate a 26' -wide trail /drainage /utility easement along the east side of the property to accommodate future bike trail improvements. c. The property owner shall provide for park dedication for the manufacturing building, which shall be in cash -in -lieu of land and paid prior to the release of the final plat for filing. d. No building permit shall be issued until the final plat of Karamella Addition is filed with Dakota County Recorder's Office, a Development Agreement is executed by the developer and City and all the conditions of the executed Development Agreement have been met by the applicant. Ayes -6- Nays -0. MOTION: Commissioner Diekmann moved, seconded by Commissioner Schindler, recommending approval of 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, as shown on the plans received in City offices on CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 19, 2015 Page 4 of 5 7. OTHER BUSINESS August 12, 2015, subject to all applicable City codes and standards, and the following conditions: a. There shall be no operation of the ancillary retail until the adoption and publication of the amendment to Chapter 155 (Zoning) allowing for ancillary retail in conjunction with a permitted use. b. The subject building shall be located on Lot 1, Block 1, Karamella Addition. c. There shall be a minimum of 196 parking spaces constructed in the first phase of the development. Any future phases shall require additional parking to meet the needs of the development per City code. d. No building permit shall be issued until a Natural Resources Management Permit has been obtained. e. Submission of a nursery bid list that confirms the landscape materials and irrigation system meet or exceed 1 percent of the value of the construction of the building based on Means Construction Data. f. The property owner shall install bike racks at the retail store. g. Additional pedestrian connections from 147th Street shall be made to the retail store. h. The trash enclosure shall be constructed of the same materials as the primary building. i. A lighting plan shall be submitted to ensure compliance with the City's photometric requirements of 1.0 footcandles at the property line, and all lighting shall be arranged and shielded so as to deflect light away from any adjoining residential uses or public roads. j . The property owner shall address the comments raised by the Assistant City Engineer in his memo dated August 14, 2015. k. The property owner shall address the comments raised by the Fire Marshal in his memo dated July 21, 2015. Ayes -6- Nays -0. A. Continue Discussion of the Mixed Business Campus Comprehensive Plan Designation. Community Development Director Bruce Nordquist commented that a review and discussion is planned over the next few months at Planning Commission meetings concerning the Mixed Business Campus designation in the 2030 Comprehensive Plan. The 2030 Comprehensive 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." B. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, September 2, 2015, at 7:00 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes August 19, 2015 Page 5 of 5 8. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Vice-Chair Burke asked for a motion to adjourn. MOTION: Commissioner Scanlan moved, seconded by Commissioner Diekmann to adjourn the meeting at 7:38 p.m. Ayes - 6 - Nays - 0. Respectfully Submitted, - 1 - Murphy, Planning epart nt Assistant Approved by the Apple Valley Planning Commission on PROJECT NAME: Amendments to "PD" (Planned Development) Zoning Designation PROJECT DESCRIPTION Consideration of ordinance amending the "PD" (Planned Development) zoning designation to reduce the required minimum project area from 20 acres to 5 acres; a project area of less than 5 acres may be considered if certain conditions are met. STAFF CONTACT: D DEPARTMENT /DIVISION: APPLICANT: P PROJECT NUMBER: City of Vaiiey ITEM: PLANNING COMMISSION MEETING DATE: SECTION: September 16, 2015 Public Hearing Proposed Action • Hold public hearing, receive comments, close public hearing. It is the policy of the Planning Commission to not take action on an item on the night of its public hearing. However, the proposed amendments are considered housekeeping in nature. If all of the questions and issues raised during the public hearing are addressed to the Commission's satisfaction, the Planning Commission may wish to move forward with the project. To recommend approval of the project, the following motion is recommended: • Recommend approval of the draft ordinance amending the PD Zoning District zoning designation. Project Summary /Issues The "PD" (Planned Development) zoning designation allows flexibility in terms of typical zoning standards including setbacks, densities and lot areas. PD zoning districts must comply with the Comprehensive Plan designation, but can otherwise be crafted to allow a project to be developed to more creatively and efficiently use the land. The zoning code currently requires a project area to be a minimum of 20 acres in order to rezone to PD. No mechanism is available to rezone a smaller parcel to PD. With the City nearing full build - out, redevelopment of property will become more of an issue and fewer sites of 20 acres or larger will be available. A PD designation may be a helpful tool to provide flexibility with setbacks without diluting the requirements of the standard zoning district designations. The proposed ordinance amendment would allow projects with an area of a minimum of 5 acres to be eligible to request a rezoning to PD. The ordinance would further allow a project with an area of less than 5 acres to request the PD designation, provided the City finds that a PD development will create a project that best meets the goals and policies of the comprehensive plan. At the same time, a PD designation will not be available for single family residential lots to avoid a variance procedure. The draft ordinance also requires an applicant to provide a written statement stating how the planned development zoning designation benefits the public interest. When developers request a rezoning to PD, they will need to explain why relief from a standard zoning designation and the proposed development benefits the City. Zoning code excerpts from Woodbury, Eagan and St. Louis Park are attached to the staff report. Many cities, like Burnsville and Eden Prairie have no minimum project area requirements. The minimum project area in Woodbury is 10 acres, Eagan is 5 acres, and in St. Louis Park is 2 acres. The three cities all allow for a smaller project area if conditions are met. Budget Impact N/A Attachment(s) 1. Draft ordinance amendment 2. Excerpt PD requirements Woodbury, Eagan and St. Louis Park CITY OF APPLE VALLEY ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER 155 OF THE CITY CODE RELATED TO MINIMUM LOT SIZE FOR PLANNED DEVELOPMENT ZONING DESIGNATION The City Council of Apple Valley Ordains: Section 1. Section 155.266 of the City Code shall be amended to read as follows: § 155.266 CRITERIA. The criteria necessary for approval of the preliminary development plan as well as the rezoning shall be as follows: (A) The proposed development is in conformance with the comprehensive guide plan of the city and encompasses an area of not less than 20 5 acres. An area of less than 5 acres may be approved only if the applicant can demonstrate that (1) the proposed project better meets the City's comprehensive plan goals and policies than standard zoning regulations; and (2) a planned development on the subject site is in the public interest. (B) The proposed development plan is designed in a manner so as to form a desirable and unified environment within its own boundaries. (C) The planned development will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development. (D) This chapter shall not be applied to single- family residential lots incapable of further subdivision due to lot size or as a means to avoid otherprocedures more appropriately reviewed as a variance under § 155.379. Section 2. Section 155.269(A) of the City Code shall be amended by adding Clause (H) to read as follows: § 155.269 PETITION. All petitions for planned developments shall be the same as required by § 155.400 for zoning and include, in addition, the following: * * * (H) Public Interest Showing. A separate written statement submitted by the applicant concisely stating how the planned development proposal would benefit the public interest. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: PASSED by the City Council this Pamela J. Gackstetter, City Clerk th day of Mary Hamann-Roland, Mayor Woodbury: The project area is at least ten acres in size unless the applicant can show that a PUT) of less acreage meets the standards and purposes of the comprehensive plan and preserves the health, safety and welfare of the citizens of the city and that all of the following conditions exist: a. The proposal better adapts itself to the physical and aesthetic setting of the site and with the surrounding land uses than could be developed using strict standards and land uses allowed - within the underlying zoning district. b. The proposal would benefit the area surrounding the project to greater degree than development allowed within the underlying zoning district(s). c. The proposal would provide mixed land use and/or site design flexibilities while enhancing site or building aesthetics to achieve an overall, workable higher quality of development than would otherwise occur in the underlying zoning district. d. If applicable, the proposal would increase open or green space or ensure the concentration of open space into more workable or usable areas and would preserve the natural resources of the site than would otherwise occur in the underlying zoning district. Eagan: Minimum urea or 31anned development. The minimum total area required for a planned development shall be five acres of contiguous land. Tracts of less than five acres may qualify only if the applicant can show that the minimum lot area requirement should be waived because a planned development is in the public interest and that one or both of the following conditions exist: St. Louis Park: Sample excerpts PUD zoning ordinances: a. Unusual physical features of the property itself or of the surrounding neighborhood are such that development under the standard zoning would not be appropriate in order to conserve a physical or terrain feature of importance to the neighborhood or community. b. rfhe property is adjacent to or across the street from property that has been developed under the provisions of this section and will contribute to the amenities of the neighborhood. (4) Projects available for PUD treatment shall have a site which consists of a parcel or contiguous parcels of land two acres or more in size. Tracts of less than two acres may be approved only if the applicant can demonstrate that a project of superior design can be achieved or that greater compliance with comprehensive plan goals and policies can be attained through use of the PUD process. Consider Amendments to “PD” (Planned Development) Zone Planning Commission Meeting September 16, 2015 Purpose of PD Zoning District Encourage more • creative and efficient use of land. Allow a variety of • development types in the City. Provide greater • creativity and flexibility in environmental design to preserve natural features. Other Cities’ Ordinances CityPD MinimumProject Area Apple Valley20 Acres (No optionfor smaller) Woodbury10 Acres (Lessif can meet conditions) Eagan5 Acres (Less if canmeet conditions) St. Louis Park2 Acres (Less if can meet conditions) BurnsvilleNo minimum EdenPrairieNo minimum x Proposed Amendments “PD” 1.Reduce minimum project area from 20 acres to 5 acres. 2.Allow project areas less than 5 acres provided certain conditions met: a.Proposed project better meets Comp Plan goals and policies. b.PD development on the site is in the public interest. 3.Provisions not applicable to single-family residential lots incapable of further subdivision due to lot size or as a means to avoid other zoning requirements more appropriately reviewed as a variance. 4.Applicant must submit a separate written statement concisely stating how the planned development proposal would benefit the public interest. Proposed Amendments “PD” 155.266CRITERIA. † The criteria necessary for approval of the preliminary development plan as well as the rezoning shall be as follows: (A)The proposed development is in conformance with the comprehensive guide plan of the city and encompasses an area of not less than 205acres.An area of less than 5 acres may be approved only if the applicant can demonstrate that (1) the proposed project better meets the City’s comprehensive plan goals and policies than standard zoning regulations; and (2) a planned development on the subject site is in the public interest. Proposed Amendments “PD” (B)The proposed development plan is designed in a manner so as to form a desirable and unified environment within its own boundaries. (C)The planned development will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the planned development. (D) A single-family residential lot shall not be rezoned to a planned development district if: (1) the subdivision regulations in this Code prohibit a subdivision of the lot due to required lot size for the existing zoning designation; or (2) a planned development designation solely provides a means to avoid the zoning regulations for the property as zoned. Proposed Amendments “PD” 155.269PETITION. † All petitions for planned developments shall be the same as required by 155.400 for zoning and include, in † addition, the following: *** (H)Public Interest Showing. A separate written statement submitted by the applicant concisely stating how the planned development proposal would benefit the public interest. Recommended Action At its meeting of September 16, 2015, the Planning Commission voted unanimouslyto recommend approval of the ordinance amendment, subject to clarifyingthat Section 155.266 (D) relates to single family residential lots. The following motion will approve the project in accordance with the Planning Commission’s recommendation: Pass the ordinance amending the “PD” (Planned • Development) zoning district to reduce minimum project area. (Recommend waiving second reading) Questions? PROJECT NAME: Zoning Ordinance Amendments — Alcoholic Beverage Production Establishments PROJECT DESCRIPTION: Amend Zoning Code to allow for Alcoholic Beverage Production Establishments including Breweries, Microdistilleries, and Alcohol Sales for Brewer Taprooms, Cocktail Rooms, and Sunday Off - Sales. STAFF CONTACT: Margaret Dykes, Planner DEPARTMENT /DIVISION: Community Development Department APPLICANT: City of Apple Valley PROJECT NUMBER: PC 15 -27 -Z 0* 00$ O City of Apple Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: September 16, 2015 Public Hearing Action Requested • Open the public hearing, receive comments, and close the hearing. Though it is the policy of the Planning Commission not to act on an item the same night as its public hearing, if there are no comments from the public, and the Commission has no issues, staff is recommending the following motion: • Recommend approval of the draft ordinance amending Chapter 155 (Zoning) to allow for Alcoholic Beverage Production Establishments in the "I -1" and "I -2" zoning districts. Project Summary /Issues Due to recent changes in Minnesota state law, the City Clerk's office has begun updates to the City Code to allow liquor licenses for alcoholic beverage production establishments, such as brewer taprooms, cocktail rooms, microdistilleries, and small breweries. The City Code currently allows breweries in the "I -2" (General Industrial) district. To expand these uses to be consistent with State law and surrounding cities, the Zoning Code will need to be amended to allow for the above - listed uses in both the "I-1" (Limited Industrial), and "I -2" districts. These uses, due to their industrial nature, would not be permitted outside of these zoning districts. The City Attorney's office has drafted an ordinance amendment to address these uses. Larger breweries and distilleries are currently allowed in the I -2 district. The draft ordinance would allow small breweries and microdistilleries in the I -1 and I -2 districts as permitted uses. Taprooms and cocktail rooms would be allowed as conditional uses in the same districts. It should be noted that brewpubs, which have small brewing facilities in addition to a Class I restaurant, are simply considered Class I restaurants and can locate in any districts where Class I restaurants are allowed. These districts include the "LB" (Limited Business — as a conditional use); the "NCC" (Neighborhood Convenience Center — as a permitted use); the "RB" (Retail Business — as a permitted use); the "1-1" (as a permitted use); the "I -2" (as a permitted use); and various Planned Development districts. Budget Impact N /A. Attachment(s) 1. Draft Ordinance CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155 OF THE CITY CODE ENTITLED "ZONING" TO ADD DEFINITIONS AND REGULATIONS REGARDING BREWERIES, MICRODISTILLERIES AND ALCOHOL SALES FOR BREWER TAPROOMS, COCKTAIL ROOMS AND SUNDAY OFF -SALE. The City Council of Apple Valley ordains: Section 1. Section 155.003 of the Apple Valley City Code is hereby amended by adding the following definitions to read as follows: Brewer Taproom shall have the meaning as the term is defined in the alcohol licensing regulations in Chapter 111 of this Code. Cocktail room shall have the meaning as the term is defined in the alcohol licensing regulations in Chapter 111 of this Code. Distilled spirits shall have the meaning as the term is defined in the alcohol licensing regulations in Chapter 111 of this Code. Microdistillery shall have the meaning as the term is defined in the alcohol licensing regulations in Chapter 111 of this Code. Small brewery shall mean a brewer who manufactures not more than 250,0000 barrels of malt liquor for wholesale per year. Section 2. Section 155.201 of the Apple Valley City Code is hereby amended by adding Section 155.219 (L) to read as follows: § 155.201 PERMITTED USES. (L) Small brewery and microdistillery. Section 3. Section 155.203 of the Apple Valley City Code is hereby amended by adding Section 155.203(M) to read as follows: § 155.203 CONDITIONAL USES. (M) On -sale liquor, 3.2 beer or wine in conjunction with a Class I restaurant; on -sale malt liquor in conjunction with a brewer taproom; on -sale distilled spirits in conjunction with a microdistillery cocktail room; or off -sale malt liquor from the premises of and in conjunction with a small brewery; or off -sale distilled spirits in conjunction with a microdistillery. The parking requirements as set forth in this Code for restaurant uses shall apply and be met on the subject site for brewer taprooms and microdistillery cocktail rooms. Section 4. Section 155.204 of the Apple Valley City Code is hereby amended by revising Section 155.204(E) to read as follows: § 155.204 PERMITTED ACCESSORY USES. (E) Outdoor dining area, subject to the regulations set forth in this chapter or an outdoor patio in conjunction with a brewer taproom or microdistillery cocktail room which shall be subject to the regulations applicable to outdoor dining area. Section 5. Section 155.216 of the Apple Valley City Code is hereby amended by revising Section 155.216(B) to read as follows: § 155.216 PERMITTED USES. (B) The manufacturing, compounding, assembly, packaging, treatment or storage of the following products or materials: brewing (any size of brewery), cement, concrete, stonecutting, brick, glass, batteries (wet cell), ceramic products, microdistillery, millworking, metal polishing and plating, paint (pigment manufacturing), vinegar works, rubber products, plastics, meat- packing, flour, feed, grain milling, coal or tar asphalt distillation, rendering works, distillation of bones, sawmill, lime, gypsum, plaster of Paris, glue, size, cloth and similar uses. Section 6. Section 155.218 of the Apple Valley City Code is hereby amended by adding Section 155.218(M) to read as follows: § 155.218 CONDITIONAL USES. (M) On -sale malt liquor in conjunction with a brewer taproom; on -sale distilled spirits in conjunction with a microdistillery cocktail room; or off -sale malt liquor from the premises of and in conjunction with a small brewery; or off -sale distilled spirits in conjunction with a microdistillery. The parking requirements as set forth in this Code for restaurant uses shall apply and be met on the subject site for brewer taprooms and microdistillery cocktail rooms. Section 7. Section 155.219 of the Apple Valley City Code is hereby amended to add new clause, which shall be properly numbered upon approval, to read as follows: § 155.219 PERMITTED ACCESSORY USES. 2 Within any I -2 district, the following accessory uses, or uses deemed similar by the City Council, are permitted: (A) Accessory uses permitted in the I -1 districts shall also be permitted in the I -2 districts. (1) An outdoor patio in conjunction with a small brewery taproom or microdistillery cocktail room which shall be subject to the regulations applicable to outdoor dining area set forth in this Code. Section 8. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. ATTEST: Section 9. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED this day of , 2015. Pamela J. Gackstetter, City Clerk Date Ordinance Adopted: Date Ordinance Published in Legal Newspaper: Date of Public Hearing: Mary Hamann- Roland, Mayor 3 CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINN AMENDING CHAPTER 155 OF THE CITY CODE ENTITLED "ZONING" TO ADD DEFINITIONS AND REGULATIONS REGARDING BREWERIES, MICRODISTILLERIES AND ALCOHOL SALES FOR BREWER TAPROOMS, COCKTAIL ROOMS AND SUNDAY OFF -SALE. The following is the official summary of Ordinance No. approved by the City Council of Apple Valley on Apple Valley City Code, Chapter 155, governing the City's zoning regulations, is amended to add definitions and to allow small brewery taprooms, microdistillery and microdistillery cocktail rooms and related regulations. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street West, Apple Valley, Minnesota 55124. Effective date. This ordinance shall take effect upon its passage and publication. 4 Zoning Ordinance Amendment Liquor Sales in I-1 and I-2 Districts Presentation to the Planning Commission September 16, 2015 Request Recent changes in state law allow taprooms, • cocktail rooms, microdistilleriesand small breweries. City updating liquor ordinance to address • changes. Zoning Code must be amended to allow uses in • “I-1” (Limited Industrial), and “I-2” (General Industrial) districts. City Attorney drafted language. • Zoning Amendment I-1 District Permitted uses • Small breweries and microdistilleries • Conditional uses • On-sale liquor/beer/wine in conjunction with • restaurant On-sale malt liquor in conjunction with taproom • On-sale distilled spirits in conjunction with • microdistillerycocktail room Off sale malt liquor or distilled spirits in conjunction • taproom or microdistillery. Parking requirements for taprooms and cocktail rooms • same as restaurants. Zoning Amendment I-2 District Permitted uses • Breweries (any size) and microdistilleries • Conditional uses • On-sale liquor/beer/wine in conjunction with • restaurant On-sale malt liquor in conjunction with taproom • On-sale distilled spirits in conjunction with • microdistillerycocktail room Off sale malt liquor or distilled spirits in conjunction • taproom or microdistillery. Parking requirements for taprooms and cocktail rooms • same as restaurants. Industrial Zones Recommended Action Open the public hearing, receive comments, • and close the hearing. If there are no comments from the public, and the Commission has no issues, staff is recommending the following motion: Recommend approval of the draft ordinance • amending Chapter 155 (Zoning) to allow for Alcoholic Beverage Production Establishments in the “I-1” and “I-2” zoning districts. Questions? city of Apple Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 5c September 16, 2015 Public Hearing ITEM DESCRIPTION: Cobblestone Lake South Shore 9 Addition — Public hearing to consider the following: 1. Comprehensive Plan Land Use Map re- designation from "HD" (High Density Residential/ 12+ units per acre) and "P" (Parks /Open Space) to "LD" (Low Density Residential /2 -6 units per acre), 2. Rezoning from Planned Development No. 703 /zones 6 and 7 to Planned Development No. 703 /zone 2A, 3. Possible amendments to Planned Development No. 703 /zone 2A; and 4. Subdivision of 11.51 acres into 44 single- family lots, and two outlots. STAFF CONTACT: Thomas Lovelace, City Planner DEPARTMENT/DIVISION: Community Development Department Action Requested Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on a public hearing item the night of the public hearing. Summary /Issues For your consideration is a request by South Shore Development, LLC for amendments to the 2030 Comprehensive Plan Land Use Map, rezoning, and the subdivision by plat of two existing outlots totaling approximately 11.51 acres. The proposed development is located in the southeast comer of Cobblestone Lake Parkway South and 157 Street West. The applicant is requesting amendments to the 2030 Comprehensive Plan Land Use Map that would re- designate the property from "HD" (High Density Residential /12+ units per acre) and "P" (Parks and Open Space) to "LD" (Low Density Residential /3 -6 units per acre) and "P" (Parks and Open Space). The rezoning request would change the current zoning designation of "PD -703 /zone 6 and 7" (Planned Development), which allows for commercial and park uses to the following: • Blocks 1 -4, and Outlot A, COBBLESTONE LAKE SOUTH SHORE 9TH ADDITION "PD- 703 /zone 2A ", which allows for single- family dwellings as a permitted use. • Outlot B, COBBLESTONE LAKE SOUTH SHORE 9TH ADDITION "PD- 703 /zone 7 ", which allows for parks /open space. The applicant is requesting approval of subdivision by plat of the Outlots F and G, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION into 44 single - family lots and two (2) outlots. Access to the platted lots will be via public streets that will intersect with Cobblestone Lake Parkway South. The lots within the proposed development will have lots that vary in size from 4,289 sq. ft. to 7,687 sq. ft. and minimum lot widths between 46 -76 feet. All the interior lots and six of the ten comer lots meet the minimum lot requirements. Lot line adjustments will be needed to bring the deficient corner lots into conformance or the minimum area requirement for a comer lot in zone 2A will need to be amended. Drainage and utility easements will be established along the perimeter of each lot in conformance with the City's subdivision requirements. A drainage and utility easement should be established over and across all of Outlot A. An access restriction easement shall be established over the one -foot of the lot line of all lots directly abutting Cobblestone Lake Parkway South, which will restrict direct driveway access to Cobblestone Lake Parkway South. A raised center median in Cobblestone Lake Parkway South will restrict access to the site to a right in/right out turning movements only from Street A. That section of the median will be removed to allow for full movements at each location. Cobblestone Lake Parkway South has recessed parking that will be impacted by the Street A intersection. The spaces located along the north side of Cobblestone Lake Parkway South, just east of the Street A will need to be removed. A combination of berms and landscaping should be incorporated in the front yards of Lots 5 and 6 of Block 1 to help reduce the impact of vehicles using the 157 Street roundabout. Several lots abut Outlot B, which will be dedicated for public park purposes, and will be the location of pedestrian trails and a parking lot. Screening/softening elements such as earth berms and landscaping should be incorporated backyards of lots directly adjacent to Outlot B. The Assistant City Engineer has reviewed the development plans and his comments and recommendations are included in the attached memo. Revisions to the plans should be made in accordance with his recommendations. The proposed width of Streets A and B will be 26 feet wide paved driving surface, which is typical for this planned development but is 6 feet less than a typical local street. This will require that on- street parking will be limited to one side of the street only, which is also typical for this planned development. Street A will be constructed within a 24 -foot wide outlot (Outlot A). This private drive will provide direct access to driveways of buildings in Blocks 3 and 4 of the development. No on- street parking shall be allowed on this street. Five -foot wide sidewalks are proposed along one side of Street A and B. Sidewalks should be installed on both sides of public streets within the subdivision. Trail connections within the development to the trails within Cobblestone Lake Park should be made as part of this development. Possible locations would be along the side lot line of Lots 16 and 17, Block 1; and Lots 9 and 10, Block 1. 2 Background APPLICANT: South Shore Development, Inc. APPLICATION DATE: September 1, 2014 60 DAYS: October 30, 2015 PROJECT NUMBER: PC15-30-PZS 120 DAYS: December 29, 2015 Budget Impact None Attachments Assistant City Engineer's Memo Development Plans Continuum of Care Facility Plans Cobblestone Lake Park Plans 3 Property Location: Southeast corner of 157 Street West and Cobblestone Lake Parkway South Legal Description: Outlot F and Outlot G, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION Comprehensive Plan Designation "HD" (High Density Residential/ 12+ units per acre) and "P" (Parks and Open Space) Zoning Classification "PD -703 /zone 6" (Planned Development) and "PD- 703 /zone 7" (Planned Development) Existing Platting Platted as outlots Current Land Use Vacant or park open space Size: 11.51 acres Topography: Flat Existing Vegetation Volunteer grasses with turf grass established on a portion of Outlot G Other Significant Natural Features Bituminous trail located in Outlot G Adjacent Properties/Land Uses NORTH Cobblestone Lake Park Comprehensive Plan "P" (Parks and Open Space) Zoning/Land Use � "PD-703/zone 7" Development " " ( ) SOUTH Vacant Comprehensive Plan "HD" (High Density Residential/ 12+ units per acre) Zoning/Land Use "PD- 703 /zone 8" (Planned Development) EAST Cobblestone Lake Park Comprehensive Plan "P" (Parks and Open Space) Zoning/Land Use "PD- 703 /zone 7" (Planned Development) WEST Cobblestone Square Senior Apartments and Vacant Land Comprehensive Plan "MIX" (Mixed Use) Zoning/Land Use "PD- 703 /zone 6" (Planned Development) COBBLESTONE LAKE SOUTH SHORE 9TH ADDITION PROJECT REVIEW Existing Conditions 4 DEVELOPMENT PROJECT REVIEW . - — C.g86LEST L•A'1(E r s 7771 s : - ilium*. grim * .� 1 A z _coaeiesroNg, � .1111100, -, OP `° it a inniniliiiiia p .111ihlli1 LOCATION MAP Comprehensive Plan: Outlot F is currently guided "HD" (High Density Residential /12+ units per acre) and Outlot G is guided "P" (Parks/Open Space). High Density Residential areas include multiple - family structures (apartments and condominiums) at densities greater than twelve units per acre to the extent allowed by the zoning ordinance. Developments with densities of up to 40 units per acre are allowed in the areas within and adjacent to the downtown if certain performance standards in the zoning code are met. This designation fits with "M -7 ", "M -8" and "PD" zoning districts to the extent allowed when considered with parking, infiltration, lot coverage, and building setbacks. Areas of manufactured housing are allowed as conditional uses in the "M -7" zoning district. The Parks /Open Space designation is applied to all existing public parks, public playfields, trail corridors and golf courses. Trails are connecting elements, not zones. Additionally, property that is intended for park purposes in the future are designated on the 2030 land use plan map. Future neighborhood parks that result from subdivision development have not been depicted on the map since the exact location of the park will not be known until development occurs. The need and area of future parks are discussed in the Parks Chapter. The provision of parks associated with development require an amendment to the Comprehensive Plan at time of plan review. The zoning districts that accommodate these uses are "P" (Institutional) and "PD ". The applicant is requesting an amendment to the 2030 Land Use Map that would re- designate Outlots F and G in the following manner in accordance with the proposed preliminary plat: 5 • Designate Blocks 1 -4 and Outlot A of the proposed preliminary plat "LD" (Low Density Residential /2 -6 units per acre), with the proposed single - family development having an overall density of just under six (6) units per acre • Designate Outlot B "P" (Parks /Open Space) The 2030 Comprehensive Plan describes Low Density Residential as areas intended to create, preserve, and maintain the places to live that define the primary character and identity of Apple Valley. A variety of housing types may be built in the "LD" areas including single - family detached dwellings, duplexes, twin homes, townhomes, and other types of low density attached housing that range between three to six units per acre. Most single - family residential neighborhoods are zoned "R-1", "R -2 ", "R -3 ", and "R -CL ". "R -5 ", "M-1", "M -2 ", and "M -3 ", and "PD" districts are eligible for this land use category provided that the performance standards are met. The proposed Comprehensive Plan Land Use Map re- designation request from "HD" to "LD" will be the fourth in the Cobblestone Lake area since the approval of the 2030 Comprehensive Plan in 2010. Three parcels, totaling 24 acres, have been re- designated from "MD" to "LD" and one parcel was recently re- designated from "P" to "MD ". This proposed amendment will leave approximately 12 acres high- density residential property in Cobblestone Lake development. The changes in the Cobblestone Lake development are in addition to others in the city that have re- designated 52 acres from "MD" to "LD" (Embry Place and Regent Point) and 10 acres from "C" to "HD" (Springs at Apple Valley). 6 COMPREHENSIVE PLAN MAP Livable Communities impact: The proposal will add 44 market -rate single - family dwelling units to the City's existing housing stock, which is consistent with the following goals of Livable Communities Act: • A balanced housing supply with housing available for people of all income levels. • A variety of housing types for people in all stages of the lifecycle. Zoning: Outlot F is currently zoned "Planned Development No. 703 /zone 6 ", which allows a variety of commercial /retail uses. In 2008, the City approved rezoning and development plans to allow for the construction of 214 -unit continuum of care facility on Outlot F. The applicant is now requesting to rezone the 7.78 -acre parcel for residential development "Planned Development No. 703 /zone 2A" to allow for proposed single - family development. Zone 2A, an existing subzone of the planned development ordinance allows for single family and two - family dwelling units and townhouse dwelling units, provided that no single structure has in excess of six dwelling units. The zone has a minimum lot width of 40 feet and minimum lot area of 4,800 sq. ft. for and interior lot and 6,000 for a comer lot. The lots within the proposed development will have lots that vary in size from 4,289 sq. ft. to 7,687 sq. ft. and minimum lot widths between 46 -76 feet. All the interior lots and six of the ten corner lots meet the minimum lot requirements. Lot line adjustments will be needed to bring the deficient comer lots into conformance or the minimum area requirement for a comer lot in zone 2A will need to be amended. PD -703 / fi r~ I �/, lYgNLLTa1 M4lY 1 ! — L_ A TM ST ZONING MAP 7 PD -703 • SITE • • W 6 ;r� l i I 1 27 • w•,r �.B T _. NRE � I ode�s,F LA PK o o Q p [? �4 Q� Preliminary Plat: The preliminary plat, which encompasses approximately 11.51 acres, is currently platted as two outlots (Outlot F and G, COBBLESTONE LAKE COMMERCIAL 3RD ADDITION). The petitioner is proposing to plat the majority of Outlot F and a small area of Outlot G into 44 single- family lots, one outlot that will be a private drive and public street right -of- way. The remainder of the property not contained within Blocks 1 -4 and Outlot A will be platted as an outlot and will be used for public park purposes, if which nearly all of the proposed Outlot B is currently part of Cobblestone Lake Park. Drainage and utility easements will be established along the perimeter of each lot in conformance with the City's subdivision requirements. A drainage and utility easement should be established over and across all of Outlot A. An access restriction easement shall be established over the one -foot of the lot line of all lots directly abutting Cobblestone Lake Parkway South, which will restrict direct driveway access to Cobblestone Lake Parkway South. Site Plan: The site plan indicates the development of 44 single - family lots, public streets and a private drive on 7.65 acres. Vehicular access to the units will have access from two public streets (Streets A and B) that will intersect with Cobblestone Lake Parkway South and a private street (Street C) that will intersect with the two public streets. There is currently a raised center median in Cobblestone Lake Parkway South that will restrict access to the site to a right in/right out turning movements only from Street A. The plans show that a section of the median will be removed to allow for full movements at each location. Cobblestone Lake Parkway South has recessed parking that will be impacted by the Street A intersection. The spaces located along the north side of Cobblestone Lake Parkway South, just east of the Street A will need to be removed. The front yards of Lots 5 and 6 of Block 1 will directly abut the 157' Street roundabout right -of- way. Staff has concerns about the potential impact on the lot's homes of vehicles using the roundabout. Staff is recommending that a combination of berms and landscaping be incorporated in the front yards of the two lots to help reduce the impact. The backyards of several lots will be directly adjacent to Outlot B, which is part of Cobblestone Lake Park. A trail currently exists east of Lots 12 -20 of Block 1 and a 38 -space parking lot is proposed on the portion of Outlot B located directly north of Lots 6 -11 of Block 1. The applicant should incorporated screening/softening elements such as earth berms and landscaping at these locations. Grading and Drainage Plan: The site is mostly flat and has been mass graded as part of the sand and gravel reclamation. The site will be graded for development, which will include grading for the streets, utilities, and building pads. The Assistant City Engineer and his comments and recommendations are included in the attached memo. Revisions to the grading plan should be made in accordance with his recommendations. Availability of Municipal Utilities: Municipal utilities to serve the proposed development will be available by means of extensions of existing watermain, storm sewer, and sanitary sewer lines located in the Cobblestone Lake Parkway South right -of -way. The utility plan has been 8 reviewed by the Assistant City Engineer and his comments are included in the attached memo. The applicant should revise their utility plan, per the Engineer's comments. Street Classifications /Accesses /Circulation: Access to the proposed lots will be via public streets that will intersect with Cobblestone Lake Parkway South. This development will generate approximately 443 vehicle trips per day. The existing street network and proposed public and private streets within the development will be able to accommodate the projected traffic. Street A will be a three- legged intersection and will be located approximately 195 feet west the Elmhurst intersection. A portion of the parkway's raised median will need to be removed to accommodate full movement at this intersection. In addition, the recessed parking along the north side of the parkway between Street A and Elmhurst Lane should be removed. The Street B intersection will align with 158 Street West to the west. Staff has no issues with the proposed alignment. All vehicular access to the dwellings units within the development will be from Streets A and B, and Street C. The proposed width of Streets A and B will be 26 feet wide paved driving surface, which is typical for this planned development but is 6 feet less than a typical local street. This will require that on- street parking will be limited to one side of the street only, which is also typical for this planned development. Street A will be constructed within a 24 -foot wide outlot (Outlot A). This private drive will provide direct access to driveways of buildings in Blocks 3 and 4 of the development. No on- street parking shall be allowed on this street. Pedestrian Access: Sidewalks, 5 feet wide, are proposed along one side of Street A and B, which will intersect with the existing sidewalks along Cobblestone Lake Parkway South. Sidewalks should be installed on both sides of public streets within the subdivision. Trail connections within the development to the trails within Cobblestone Lake Park should be made as part of this development. Possible locations would be along the side lot line of Lots 16 and 17, Block 1; and Lots 9 and 10, Block 1. Recreation Issues: Outlot G is currently part of Cobblestone Lake Park, which is to be dedicated to the City for public park purposes upon completion of park amenities as outlined in the park agreement between the City and Tradition Development, South Shore Development's holding company. Adjustments are proposed to the common lot line as part of this development proposal with the Outlot F being replatted into single- family residential lots and streets, and remaining property replatted as an outlot (Outlot B). Outlot B shall be dedicated for public park. 9 CITY OF Apple MEMO Public Works TO: Tom Lovelace, City Planner FROM: Brandon S. Anderson, Assistant City Engineer DATE: September 9, 2015 SUBJECT: Cobblestone Lake South Shore 9th Addition Preliminary Plat Review Tom, following is comments regarding the Cobblestone Lake South Shore 9th Addition Preliminary plan dated August 13, 2015. Please include these items as conditions to approval. General • A right of way permit will be required for all work within public easements or right of way. • Sewer, water and storm sewer utilities are proposed to be public. This infrastructure shall be publicly designed and inspected. • The developer shall identify whether site utilities will be installed under private or public contract. • A detour plan will be required as part of final construction plans for the construction of utilities within Cobblestone Lake Parkway. An obstruction permit may be required by Dakota County for use of County roadways as part of detour. • A pre - construction meeting shall be held prior to beginning any work on the site. Site • Pavement section for median cut shall match existing Cobblestone Lake Parkway S. • At the proposed Street A connection to Cobblestone Lake Parkway S the parking stalls to the east of proposed entrance road shall be removed and drive entrance radius reconfigured to avoid vehicle conflicts at the taper west of Elmhurst lane. • Show proposed driveway layouts for all lots. Maximum width of driveway at R/W shall be 14'. • Pedestrian curb ramps are required at sidewalk crossing of street A. • Easements shall be adjusted for future trail and sidewalk connections. • Street C is indicated to be private. Grading & Drainage • A Natural Resources Management Permit will be required prior to mass site grading. • A construction entrance and perimeter silt fences shall be provided for erosion control purposes. • Street sweeping shall be performed as necessary to address material tracking from the site. • Storm water quantity and quality control has been accounted for in the regional storm water pond EVR -44 and infiltration trenches. • The EOF for lots 16 -20 of block 1 is 931.0. Lowest opening for lots 18 and 19 are required to be 1.0' above EOF. • Identify the HWL of EVR -44 (Cobblestone Lake) on sheet 3.0. • Identify the HP in rear yard at lots 19/20. • Valley gutters shall be included at the "eyebrows" to ensure drainage be contained in curb and gutter. • Include the Overall site composite Curve Number (CN) for the development on the Grading Plan • Include the Impervious % for the development on the Grading Plan • Drainage swale as shown behind lot 12 block 1 should not be directed across public trail /sidewalk. Drainage from the rear yards of lots 6 -16 and the future park property to the north are utilizing rear yard swale. Provide culvert under trail and adequate protection at outlet to EVR -44. Storm Sewer • Additional CB along the south side of Street B is required to collect street drainage prior to entering Cobblestone Lake Parkway. • Storm sewer catch basins shall be denoted as watertight where local conditions prevent 10' separation from water main. • Structures in Cobblestone Lake Parkway shall be relocated or converted to CBMH in locations were curb and gutter are reconfigured. Sanitary Sewer and Water Main • Existing sanitary sewer and water services provided to the property at Lot 1 Block 1 shall be removed back to the tee or abandoned. • Sanitary sewer and water main at Street A and Cobblestone Lake Parkway shall be modified to provide 10' separation from storm sewer. • Existing hydrant at Street A connection to Cobblestone Lake Parkway shall be salvaged or relocated. • Sanitary MH -4 may be required to extend further north to provide service to Lot 13. Landscape • A landscape plan is requested to include the use of berms and vegetation to show screening from roundabout and parking lot along the north property line. Additional screening will be required at side and rear yards of Lot 20 of block 1 and rear yards of Lots 5 -19 of block 1. xopul JaqLunNi 4. , 0 . , . ,c, . . N — 000C 9 14!1 TITLE SHEET EXISTING CONDITIONS SITE INFORMATION PRELIMINARY PLAT EROSION & SEDIMENT CONTROL PLAN FROSION&SEDIMENT CONTROL DETAILS GRADING & DRAINAGE PLAN UTILITY PLAN STREET PROFILES DETAILS - 04Z9-069(ZS6) 'MA 4409-069(N6) 3N0Hd LcTSS Nil Msne 'OZ L •ALO M DOZ Sd0A3A6f1S / Se133NION3 / Sd3NNV1d 1311 `11!H 11 sewer 0 .1,N.1101,:aso. 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LJ_ Ldi f 't`� 1 I 1 \ I- - - 1 v ;..i- r l''•''.4 1 i 1 _ �r -1 �__ --1 1`N 2. 1 1 i J i i __ I. _ 1 ri1 j -- 1� \i- IL__ 1 Ili! l<:11'.: - I � - - � 1 / �\ Z � ' f . 1 V `IR - -J '\ �_L -1 r 1 J` 1 1 1 1 \ n _ L_ _J 1 I __ _ 1 _ J - 1 l 1 Y 7_ fl1 Y7 f i I J 'J / - - -- wN COBBLESTONE \' ®� z COBBLESTONE LAKE SOUTH SHORE 9TH ADDITION APPLE VALLEY PLANNING COMMISSION PRESENTATION SEPTEMBER 16, 2015 COBBLESTONE LAKE SOUTH SHORE 9TH ADDITION REQUEST 1.Comprehensive Plan Land Use Map re-designation from “HD” (High Density Residential/12+ units per acre) and “P” (Parks/Open Space) to “LD” (Low Density Residential/2-6 units per acre), 2.Rezoning from Planned Development No. 703/zones 6 and 7 to Planned Development No. 703/zone 2A, 3.Amendments to Planned Development No. 703/zone 2A; and 4.Subdivision of 11.51 acres into 44 single-family lots, and two outlots LOCATION MAP COBBLESTONE LAKE PKWY 157TH ST W SITE EMPEROR AVE PILOT KNOB RD EASTBEND WAY COBBLESTONE LAKE PKWY S ELMHURST LN ELM CREEK LN 159TH ST W 160TH ST W LOCATION MAP 2030 COMPREHENSIVE PLAN LAND USE MAP P DUNDEE CT LD EMBRY PATH DODD BLVD P EAGLE BAY DR LD EMBLEM WAY 153RD ST W MD LD DUNBAR AVE 154TH ST W P LD C MD 155TH ST W DWELLERS WAY LD MD MD EAGLE STONE RD COM COBBLESTONE LAKE PKWY C COM LD EGRET PL C PILOT KNOB RD SITE 157TH ST W P ENGLISH AVE INS HD MIX ELMWOOD WAY LD EASTBEND WAY MIX 158TH ST W DUXBURY LN ELMHURST LN LD LD HD 159TH ST W 159TH ST W “HD” (High Density Residential/12+ units per acre) and “P” (Parks and Open Space) PROPOSED COMP PLAN DESIGNATION –NORTH SHORE “LD” (Low Density Residential/2-6 units per acre MD DUNBAR BLVD DODD BLVD EMBLEM WAY LD DUNBAR AVE LD CP EAGLE BAY DR EMBRY PATH 155TH ST W EAGLESHORE DR EARLY BIRD CIR EAGLEWOOD LN LD MD COBBLESTONE LAKE PKWY PILOT KNOB RD C EGRET PL LD C SITE 157TH ST W EMPEROR AVE INS EASTBEND WAY LD HD DUTTON LN LD COBBLESTONE LAKE PKWY S DUXBURY LN ELM CREEK LN ELMHURST LN HD LD 159TH ST W 160TH ST W LANDSCAPE PLAN –NORTH SHORE ZONING MAP EMBRY PATH EAGLE BAY DR PD-703 EAGLE STONE RD COBBLESTONE LAKE PKWY EDDINGTON WAY PD-703 8 SITE 7 157TH ST W 6 EMPEROR AVE 6 158TH ST W ELMWOOD WAY 8 EASTBEND WAY COBBLESTONE LAKE PKWY S 8 2A ELM CREEK LN ELMHURST LN 8 159TH ST W 159TH ST W “PD-703/zone 6” (Planned Development) and “PD-703/zone 7” (Planned Development) COBBLESTONE SENIORS COMPLEX COBBLESTONE SENIORS COMPLEX COBBLESTONE LAKE PARK PLAN COBBLESTONE LAKE PARK PLAN COBBLESTONE LAKE PARK PLAN SITE PRELIMINARY PLAT Existing Lot Line Substandard Corner Lots Public Park Add Drainage and Utility Easement Restrict Access to Parkway Substandard Corner Lots GRADING PLAN Add Landscaping and/or Berms to Lots Add Abutting Park Landscaping and/or Berm Trail Connection Add Sidewalks Remove Remove Median Parking UTILITY PLAN SITE PLAN EXISTING COMMON PROPERTYLINE COBBLESTONE 157 TH ST. W. LAKE PARK COBBLESTONE LAKE EXISTING SINGLE-FAMILY CDA RESIDENTIAL SENIORS APTS. FUTURE EXISTING HIGH DENSITYSINGLE-FAMILY RESIDENTIALRESIDENTIAL City of APP ! t IIe TO: Planning Commission Members FROM: Kathy Bodmer, Planner MEETING DATE: September 16, 2015 Item #: 7A MEMO Community Development SUBJECT: Update —1-2 Ordinance Amendments — Obsolete Industrial Uses and Bulk Fuel Storage The following is a quick summary of some of the edits that have been made to the proposed I -2 (General Industrial) Zone Ordinance concerning obsolete industrial uses and bulk fuel storage. At the Planning Commission's public hearing on March 18, 2015, representatives of the Magellan Midstream Partners property expressed concern with some of the ordinance provisions and requested a meeting with staff to discuss the ordinance in more detail. Several meetings have been held with Magellan since March. In addition, staff received feedback from business and property owners of property zoned I -2. The following changes were made to the draft ordinance as a result of the meetings and discussions: 1. Owners of I -2 (General Industrial) properties have expressed support for eliminating the higher nuisance industrial uses. No objections have been received. 2. Business owners with smaller above - ground storage tanks expressed concern about the need to obtain a CUP for any and all above - ground tanks. In response, the ordinance was amended to state that a CUP is required for above - ground tanks with a holding capacity of 10,000 gallons or more, or an aggregate of tanks with a total volume of 10,000 gallons or more. A tank of less than 10,000 gallons or with an aggregate of tanks with a total volume of less than 10,000 gallons would be a permitted accessory use if certain conditions are met. 3. Magellan expressed concern about specific elements of the fire protection and secondary containment requirements. The City's primary objective is to ensure the site is upgraded to provide the highest levels of fire, public safety and ground water protection. While Magellan shares these concerns, they have proposed alternate methods for addressing these issues. Staff is currently reviewing the alternate methods. 4. Magellan expressed concern about the requirement to provide upgraded secondary containment and fire suppression/protection on the existing facility immediately, stating that such a requirement would be prohibitively expensive. The Magellan concerns were addressed as follows: • New and replacements tanks would be required to have upgraded secondary containment and fire protection at the time of installation of the new tank. (Magellan supports.) • Existing tanks would be required to have upgraded secondary containment and fire protection installed pursuant to a schedule approved by the City. (Magellan has technical concerns. Alternate language is being reviewed.) Next Steps: While language is under review, this update is intended to ensure the Planning Commission has the most current information to allow for future action. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING CHAPTER 155 OF THE CITY CODE ENTITLED ZONING BY AMENDING SECTIONS 155.216, 155.217, 155.218 AND 155.219 REGARDING PERMITTED, CONDITIONAL & PERMITTED ACCESSORY USES IN 1-2 DISTRICTS AND REGULATIONS RELATED TO PETROLEUM STORAGE TANKS The City Council of Apple Valley ordains: Section 1. Section 155.216 of the Apple Valley City Code is hereby amended to read as follows: § 155.216 PERMITTED USES. CITY OF APPLE VALLEY ORDINANCE NO. Within any 1-2 district, no structure or land shall be used except for one or more of the following uses, or uses deemed similar by the City Council: (A) Any use permitted in the I-1 district, as regulated therein, unless otherwise permitted by this section; (B) The manufacturing, compounding, assembly, packaging, treatment or storage of the following products or materials: brewing, cement, concrete, stonecutting, brick, glass, batteries (wet cell), ceramic products, millworking, metal polishing and plating, paint (pigment manufacturing), vinegar works, rubber products, plastics, meat-packing (no on-site slaughtering of animal(s) permitted), flour, feed, grain milling, coal or tar asphalt distillation, rendering works, distillation of bones, sawmill, lime, gypsum, plaster of Paris, glue, size, cloth and similar uses; (C) Crude oil, gasoline or other liquid sStorage tanks consisting of or for the storage of bulk crude oil li uid etroleum sroducts such as asoline diesel fuel and heatin oil or other flammable or combustible liquids that were present and in operation on an 1-2 property as of January 1, 2015, provided any storage tank replaced or added on the site or on contiguous parcels under the same operation shall be subject to a condition use permit; and (D) Storage of construction materials of all types completely within a building. Section 2. Section 155.217 of the Apple Valley City Code is amended to read as follows: § 155.217 PERFORMANCE STANDARDS. All uses in the 1-2 district shall not generate noise, odors, glare, heat, dust, vibration or other influences so as to constitute a detrimental effect upon the public health or safety. When an 1-2 (General Industrial) district is located within 1,000 feet of property zoned for residential or institutional uses, the City Council may require screening, berming, landscaping, orientation of activities, or a combination thereof on the property to minimize impacts on adjacent properties. Section 3. Section 155.218 of the Apple Valley City Code is hereby amended to delete clauses (C), (D), (E) and (F) and to add clause (M) or as may be renumbered accordingly with the deletion of the other clauses to read as follows: § 155.218 CONDITIONAL USES. Within any I -2 district, no structure or land shall be used for the following uses or uses deemed similar by the City Council, except by conditional use permit: (C) Refuse or garbage disposal; (D) Any activity which emits smoke darker than Shade No. 3 on the Ringelmann (E) Auto wrecking, junkyard, used auto parts (open storage) and similar uses; (F) Incineration or reduction of waste material other than customarily incidental to a principal use; (M) Storage tank(s) with a holding capacity of 10,000 gallons or more or an aggregate of tanks with a holding capacity of 10,000 gallons or more that consist of or are for the storage of bulk crude oil., liquid petroleum products such as gasoline, diesel fuel, and heating oil, or other flammable or combustible liquid that is constructed /installed or a replacement of any existing tank on the property or on contiguous lots or parcels of land under the same operation on or after January 1, 2015, subject to the following conditions: (1) Above ground tanks shall comply with the following conditions: (a) All tanks on the property, including any tank existing on the property as of the date of the conditional use permit application, shall have secondary containment installed as provided herein. For new or replacement tanks, the secondary containment shall be installed at the time of the construction/installment of the new or replacement tank. For any tank existing on the property as of the date of the conditional use permit application, the secondary containment areas shall be installed pursuant to a schedule approved by the City. If a secondary containment area contains tanks storing more than one type of substance, then the substances must be compatible with each other as determined by the City's Fire Chief. (b) Secondary containment areas shall consist of materials that are impermeable to and compatible with the stored substances for which the secondary containment serves and that will prevent a release into the environment, including horizontal release over the ground surface and vertical release into the underlying groundwater. (c) Secondary containment areas shall be designed consistent with secondary containment standards set forth in Minnesota Rules 7151.5400 (and as may be amended hereafter). Secondary containment areas shall be of a size that will provide containment of one and one-half the total volume of the largest tank protected by the containment berm, as verified through post-installation volumetric survey. Secondary containment areas shall be constructed of material of sufficient tightness and thickness that will allow a vertical travel time by the stored substance through the containment material of no less than seven days, as verified through manufacturer's data for synthetic materials and through post-installation permeability testing for clay materials. d ) Access roads that are capable of supporting the City's fire apparatus shall be constructed to provide full access around and within 150 feet of each tank. The access road shall meet the fire apparatus road design specifications as provided in the Minnesota State Fire Code, Chapter 5, and as may be amended hereafter. (e) Upon petition of the operator, the City's Public Works Director and Fire Chief, in their sole discretion, may jointly recommend approval of the use of an alternative secondary containment design in lieu of the requirements herein, provided the alternative design equivalently meets the requirements provided in sub-clause (c) herein. (f) When a facility containing storage tanks is expanded, the City may require testing and assessment reporting, including ground water susceptibility studies, fire safety and emergency response analysis, and other environmental and public safety studies to assist in the development of technical safety standards to protect the health, safety and general welfare of the City. (g) Direct fire suppression/protection system(s) shall be installed on site for all storage tanks. For new or replacement tanks, the fire suppression/protection system(s) shall be installed at the time of the construction/installment of the new or replacement tank. For the tank(s) existing on the property as of the date of the conditional use permit application, the fire suppression/protection system(s) shall be installed pursuant to a schedule approved by the City. Where required by the Fire Chief , atmospheric tanks shall have foam fire protection systems with all foam concentrate material stored on the property with the minimum amount of foam concentrate stored on the property required to extinguish the largest storage tank on site and pre- plumbed to the fire suppression/protection system(s). (2) Below ground tanks (buried) shall comply with all rules and regulations thereof as established by the Minnesota Pollution Control Agency. ( Prior to the issuance of a conditional use permit hereunder, the owner and operator of the storage tank(s) shall submit to the City a comprehensive emergency response plan addressing any leak/spill or fire at the property. The plan shall be updated and submitted to the city every 5 years from the date of issuance of the conditional use permit. Section 4. Section 155.219 of the Apple Valley City Code is hereby amended to read as follows: § 155.219 PERMITTED ACCESSORY USES. (A) Accessory uses permitted in the I-1 districts shall also be permitted in the 1-2 districts. (B) Above ground storage tank(s) consisting of or for the storage of bulk crude oil, liquid petroleum products such as gasoline, diesel fuel, and heating oil, or other flammable or combustible li 1 uid with a holdin_ ca acit of less than 10 000 allons or an a. of stora_e tanks with a holding capacity of less than 10,000 gallons on the property, provided: (1) The storage and use of the liquid stored in the tanks are incidental to and an integral part of the operation of the principle use on the property; and (2) All storage tanks shall provide secondary containment and have fire suppression system(s) as required by the Minnesota State Fire Code and as required by the City's Fire Chief as may be necessary due to the liquid stored., the topographical conditions of the site and surrounding area the size and height of the tank(s), or the proximity of the tanks to surrounding property uses. Section 5. Filing. A copy of the ordinance shall be filed in the office of the City Clerk. This copy shall be available for inspection by any persons during regular office hours. Section 6. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. " , a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance . City The Cit Council furthe r determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. ATTEST: Section 7 Effective Date, This ordinance shall take effect upon its passage and publication. PASSED by the City Council this day of , 2015. Pamela J. Gackstetter, City Clerk Mary Hamann-Roland, Mayor The following is the official summary of Ordinance No. approved by the City Council of Apple Valley on 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 155.216, 155.217, 155.218 AND 155.219 REGARDING PERMITTED, CONDITIONAL & PERMITTED ACCESSORY USES IN I -2 DISTRICTS AND REGULATIONS RELATED TO PETROLEUM STORAGE TANKS This ordinance amends the use and regulation of storage tanks consisting of or for the storage of bulk crude oil, liquid petroleum products such as gasoline, diesel fuel, and heating oil, or other flammable or combustible liquids. A storage tank having a holding capacity of 10,000 gallons or an aggregate of tanks having a holding capacity of 10,000 gallons installed after January 1, 2015 shall be to a conditional use permit. A storage tank having a holding capacity of less than 10,000 gallons or an aggregate of tanks having a holding capacity of less than 10,000 gallons is a permitted accessory use provided the liquids stored in the tanks are incidental to and an integral part of the operation of the principle use on the property. The ordinance also deletes, as permitted uses, coal or tar asphalt distillation, rendering works, and distillation of bones. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Apple Valley Municipal Center, 7100 147th Street West, Apple Valley, Minnesota 55124. Effective date. This ordinance shall take effect upon its passage and publication. Update on I-2 (General Industrial) Zone Amendments Planning Commission Meeting September 16, 2015 I-2 Zoning I-2 Ordinance Update 1.Owners of I-2 property support eliminating high nuisance industrial uses. 2.Owners of smaller above-ground tanks concerned about need for CUP for any and all tanks. Tanks (or aggregate total of tanks) of  10,000 gallons or more require CUP. Tanks (or aggregate) less than 10,000  gallons allowed as permitted accessory use with conditions. I-2 Ordinance Update 3.Concern expressed about specific elements of the fire protection and secondary containment requirements for new bulk fuel storage tanks. City objective to ensure highest levels of fire, public  safety and ground water protection. Alternate language has been received and is being  reviewed. 4.Concern expressed about the requirement to provide upgraded secondary containment and fire suppression/ protection on the existing facility immediately. New and replacement tanks would need to meet the  new requirements. Existing tanks would be put on a schedule for retrofit.  Reviewing requested ordinance  Next Steps Questions?