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Home My WebLink About10/07/2015 Meeting Location: Municipal Center City of 7100 147th Street West Apple Valley, Minnesota 55124 OCTOBER 7, 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 SEPTEMBER 16, 2015 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS --NONE-- 6. LAND USE/ACTION ITEMS A.Zoning Ordinance Amendments – Alcoholic Beverage Production Establishments – Consider zoning ordinance amendments pertaining to alcoholic beverage production (PC15-27-Z) establishments. LOCATION: City Wide PETITIONER: City of Apple Valley B. Cobblestone Lake South Shore 9th Addition - Consider Comprehensive Land Use Map amendments, rezoning, zoning amendments, and preliminary plat for a7.78-acre development that (PC15-30-PZS) will create 44 single-family lots. LOCATION: SE corner of 157th Street W and Cobblestone Lake Pkwy S PETITIONER: Cobblestone Lake Development, LLC C. Freiberger Setback Variance - Consider variance to reduce street side setback from 20 feet to (PC15-33-V) 17.5 feet to add a third garage stall. LOCATION: 6816 - 135th Street West PETITIONER: Dan Freiberger 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS 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 Wednesday, November 4, 2015 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, October 7, 2015 -Site plan, variance applications due by 9:00 a.m. on Monday, October 26, 2015 NEXT CITY COUNCIL MEETINGS Thursday, October 8, 2015 Informal 5:30 P.M. Regular Scheduled Meeting 7:00 P.M. Thursday, October 22, 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 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, Keith Diekmann, Angela Polozun and Paul Scanlan. Members Absent: Tim Burke and David Schindler. Staff Present: City Attorney Michael Klemm, 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 Diekmann moved, seconded by Commissioner Alwin, approving the agenda. Ayes - 5 - Nays - 0. 3. APPROVAL OF MINUTES AUGUST 19, 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 Alwin, approving the minutes of the meeting of August 19, 2015. Ayes - 4 - Nays — 0. Abstain - 1 - Melander 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES SEPTEMBER 16, 2015 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 Chair Melander opened the public hearing at 7:02 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 16, 2015 Page 2 of 8 Planner Kathy Bodmer stated 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 would become more of an issue and fewer sites of 20 acres or larger would 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 would create a project that best meets the goals and policies of the comprehensive plan. At the same time, a PD designation would 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 would need to explain why relief from a standard zoning designation and the proposed development benefits the City. Commissioner Diekmann asked how an applicant would go about asking for a change to a Planned Development. Ms. Bodmer answered it would be treated the same as any other rezoning request. Chair Melander asked if just because an applicant writes a request it does not mean it is a specious argument. Ms. Bodmer commented that it must be a benefit to the City. Commissioner Alwin said to put this in the context of reason and matters that came before the Planning Commission. He referenced the statement that the amendment could not be used to avoid other procedures more appropriately viewed as a variance. Such as they could not come in and ask for a new planned development to get around being under parked in a commercial lot or to reduce the size of stalls in an apartment complex. Ms. Bodmer said some of those standards could be negotiated as part of a planned development. She said staff is thinking more of like in a R -1 zoning district where minimum lot sizes are 40,000 sq. ft. having one person say they want to rezone to a planned development and we want two lots out of this 40,000 sq. ft. We do not want this to be substandard. She commented that one good example that could have used this tool was Hunter Forrest because of the wooded nature of the site CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 16, 2015 Page 3 of 8 we wanted larger lots on the north side and then where it was less wooded or less desirable we were comfortable having smaller lots. That would be the idea of the tool. Commissioner Alwin commented that we would not have with the variance that showed practical difficulties and not the fault of the owner and where under a planned development they could negotiate something different rather than a variance. He asked if it could be made more clear that under 155.266 (D) that whole sentence applies to residential. He feels there really are two concepts. Ms. Bodmer said she would work with legal staff for revision. Commissioner Diekmann asked Commissioner Alwin if he thought the variance should include commercial lots as well as residential. Commissioner Alwin said he would be more comfortable if both of those apply to only residential. If we are talking commercial then maybe we do want some relief related to the parking requirements and if applicants could build a good case. He said he would be comfortable if both conditions applied only to single family. Chair Melander closed the public hearing at 7:14 p.m. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending approval of the draft ordinance amending the PD Zoning District zoning designation subject 155.61(D) that both conditions apply only to single family. Ayes - 5 - Nays - 0. B. Zoning Ordinance Amendments — Alcoholic Beverage Production Establishments - Public hearing to consider zoning ordinance amendments pertaining to alcoholic beverage production establishments. (PC15 -27 -Z) LOCATION: City Wide PETITIONER: City of Apple Valley Chair Melander opened the public hearing at 7:15 p.m. Planner Margaret Dykes stated that 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. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 16, 2015 Page 4 of 8 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 "I-1" (as a permitted use); the "I -2" (as a permitted use); and various Planned Development districts. Commissioner Alwin asked if there are any requirements today where food sales has to be a certain percentage of alcohol sales or if this could be drinking only establishments. Ms. Dykes answered that would need to be reviewed. Chair Melander stated that Commissioner Alwin brought up a good point because he is aware there are some requirements with the percentage of alcohol sales versus food sales and they should find that out before the Planning Commission moves forward. Commissioner Diekmann asked why the food is pertinent to this application as an "I -1" or I -2" zoning district for this type of use. Chair Melander commented he did not want to read more into it than the City is intending but he believes this should not wind up being a bar in an industrial zone. Commissioner Diekmann commented that it is his understanding that this would be a manufacturing facility, or distrilled spirits or beer that would be in conjunction with a taproom and therefore not just have a bar. Ms. Dykes confirmed that is correct. You must have a brewery or small brewery or a micro - distrillery in order to have a taproom or a cocktail room. A bar cannot just be set up. It is a product that you have to manufacture on site to sell and they have tasting rooms. Commissioner Diekmann inquired that in conjunction with that are they allowed to sell other things beyond what they are manufacturing. Ms. Dykes answered that to her knowledge no. It would just be what they are manufacturing inside. Commissioner Diekmann asked if there was any percentage of space that can be the taproom. He commented it should be the ancillary use and not the primary use. Ms. Dykes answered yes but that the City does not have the percentage requirement in the ordinance. It is a conditional use and if you want to add that staff could take a look at it. Commissioner Scanlan commented that this would just be for product for what is manufactured there and at a lot of other places that have manufacturing there is clothing. He asked if clothing would be an allowed item. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 16, 2015 Page 5 of 8 Ms. Dykes commented that there are a few outstanding issues and it would not move forward tonight. Chair Melander closed the public hearing at 7:25 p.m. 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. (PC15-30-PZS) LOCATION: SE corner of 157th Street W and Cobblestone Lake Pkwy S PETITIONER: Cobblestone Lake Development, LLC Chair Melander opened the public hearing at 7:26 p.m. Community Development Director Bruce Nordquist presented the 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 corner of Cobblestone Lake Parkway South and 157th 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 corner 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 corner lot in zone 2A will need to be amended. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 16, 2015 Page 6 of 8 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 157th Street roundabout. Several lots abut Outlot B, which will be dedicated for public park purposes, and would 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. Commissioner Scanlan expressed concern for the driveway widths and commercial lighting on the back side of buildings that would face residential houses. He inquired who would maintain the extra berm/buffer areas along the back side. He thought we are trying to put a lot here into a small area as to what the original true spirit of Cobblestone is based on. Rob St. Sauver, South Shore Development, commented he would look into driveway widths and said maintenance of the extra berm /buffer areas would be the responsibility of the homeowner and not the parks department. Mr. Nordquist addressed the units per acre. Commissioner Alwin said they want to be respectful of what is moving in the market and give the developer some ongoing flexibility but he was concerned that the original plan had high density tucked into a residential mix commercial area with a buffer of the park between that segment and the single family residential home. If we build this out now, single family residential, he can see the future Planning Commission meetings where the people who live in those single family homes are going to have huge objections as to any kind of commercial development that goes in those adjacent or across Cobblestone Lake Parkway. He commented that we are taking away commercial /high density mixed use and jumping into single family residential use. Mr. St. Sauver, answered that they would have preferred the large senior unit but it has not worked. He feels that what is now proposed is a good product and it will fit in with Cobblestone and CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 16, 2015 Page 7 of 8 understands some of the concerns. They hope to address some of those concerns with the berming and landscaping. He addressed trail connections. Commissioner Scanlan commented that he thought the front face of the houses were to front the parkway. Mr. St. Sauver stated that the houses actually do. There is an alley and the houses are rear loaded all along the parkway. Commissioner Scanlan, referring to trail connections, stated that the important part is how they access the lake not the outside parkway area and that should be incorporated in here. Mr. St. Sauver commented that they will try to look at that, need to put the right product out there and they will make it work. Chair Melander closed the public hearing at 7:58 p.m. 6. LAND USE/ACTION ITEMS --NONE-- 7. OTHER BUSINESS A. Zoning Amendment 1-2 — Update on proposed ordinance amendments to "1-2" (General Industrial) zoning district concerning bulk fuel storage tanks and heavy industrial uses that may no longer be compatible with the City's 2030 Comprehensive Plan. (PC15-06-Z) LOCATION: City Wide PETITIONER: City of Apple Valley Planner Kathy Bodmer provided a 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. Staff received feedback from business and property owners of property zoned 1-2. Next steps are that language is under review and this item will come back to the Planning Commission for future action. Discussion followed. B. Review of upcoming schedule and other updates. Planner Margaret Dykes expressed her gratitude and thanked the Commission for all the years of service they shared over the years and allowing her to service with them. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes September 16, 2015 Page 8 of 8 Community Development Director Bruce Nordquist stated that the next Planning Commission meeting would take place Wednesday, October 7, 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 Alwin moved, seconded by Commissioner Scanlan to adjourn the meeting at 8:07 p.m. Ayes - 5 - Nays - 0. Respectfully Submitted, J a urphy, Planning Deartmeit, ssistant Approved by the Apple Valley Planning Commission on 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 city of Apple Vahey Attachment(s) 1. Ordinance ITEM: PLANNING COMMISSION MEETING DATE: SECTION: e� October 7, 2015 Land Use /Action Action Requested • 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. 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 "I -1" (as a permitted use); the "I -2" (as a permitted use); and various Planned Development districts. Public Hearing: The Planning Commission held a public hearing on this item on September 16, 2015. No comments were received from the public, but the Commission requested revisions to the draft ordinance to limit the size of taprooms and cocktail rooms to ensure these uses would remain ancillary to the primary use of brewery or microdistillery. The City Attorney has drafted revisions that would limit the size of taprooms or cocktail rooms to no more than 30% of the floor area of the primary use of brewery or microdistillery. Budget Impact N /A. 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 regulations in Chapter 111 of this Code. Cocktail room shall have the meanin as the term is defined the alcohol licensin re • lations in Chapter 111 of this Code. ction 2. Section .219 (L) to rea Distilled spirits shall have the meaning as in Chapter 111 of this Code. Microdistillery shall hav in Chapter 111 of this Small brewery shall mean lieuor for who c er • Section § 155.201 follow § 155.203 CONDITIONAL USES. in efined in the alcohol licensing regulations i_ug as the term is definedft n the alcohol licensingregulations Apple Valley City Code is hereby amended by adding Section 3. Section 155.203 of the Apple Valley City Code is hereby amended by adding Section 155.203(M) to read as follows: not more than 250,0000 barrels of malt (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. A brewer taproom and a microdistillery cocktail room shall not exceed 30% of the total floor area of the brewery or microdistillery with which each is respectively operated. 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 and included in the 30% floor area restriction for a brewer taproom or microdistillery cocktail room under a conditional use permit issued hereunder. 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 liguor 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. A brewer taproom and a microdistillery cocktail room shall not exceed 30% of the total floor area of the brewery or microdistillery with which each is respectively operated. 2 * Section 7. Section 155.219 of the Apple Valley City Code is hereby amended to add Section 155.219 (C) to read as follows: § 155.219 PERMITTED ACCESSORY USES. Within any I -2 district, the following accessory uses, or uses deemed similar by the City Council, are permitted: (C) 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 and included in the 30% floor area restriction for a brewer taproom or microdistillery cocktail room under a conditional use permit issued hereunder.` 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. Pamela J. Gackstetter, City Clerk 3 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" TO ADD DEFINITIONS AND REGULATIONS REGARDING BREWERIES, MICRODISTILLERIES AND ALCOHOL SALES FOR BREWER TAPROOMS, COCKTAIL ROOMS AND SUNDAY OFF-SALE. Apple Valley City Code, Chapter 155, governing the i 's zomng regulations, is amended to add definitions and to allow srnall brewery taprooms, microdistillery and microdistillery cocktail rooms and related regulations. A printed copy of the ordinance is available fo office hours at the office of the City Clerk at the Apple Va Street West, Apple Valley, Minnesota 5 Effective date. This ordinance sha 4 on its pas s age and publication. ion by any person during regular unicipal Center, 7100 147th ZONING ORDINANCE AMENDMENT LIQUOR SALES IN I-1 AND I-2 DISTRICTS Presentation to the Planning Commission October 7, 2015 REQUEST Recent changes in state law allow taprooms, • cocktail rooms, microdistilleries and 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 • microdistillery cocktail 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 • microdistillery cocktail 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 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. City of Apple Valley Action Requested If the Planning Commission concurs, staff is recommending the following: • The section of property located north of Lots 6-10, Block 1, currently contained in Out lot F, shall be excluded. 4. Recommend approval of the COBBLESTONE LAKE SOUTH SHORE 9TH ADDITION preliminary plat, subject to the following conditions: ITEM: PLANNING COMMISSION MEETING DATE: October 7, 2015 SECTION: Land Use/Action Items ITEM DESCRIPTION: COBBLESTONE LAKE SOUTH SHORE 9TH ADDITION — Consideration of 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 1. Recommend approval of the amendment to the 2030 Land Use Map to re- designate Blocks 1-4 and Outlot A from "HD" (High Density Residentia1/6-12 units per acre) to "LD" (Low Density Residential/2-6 units per acre) and Outlot B to "P" (Parks and Open Space; subject to the following: • The section of property located north of Lots 6-10, Block 1, currently contained in Outlot F, shall be incorporated into those lots. 2. Recommend approval of the rezoning of Blocks 1-4 and Outlot A, COBBLESTONE LAKE SOUTH SHORE 9TH ADDITION, from Planned Development No. 703/zone 6 to Planned Development No. 703/zone 2A subject to the following: • The section of property located north of Lots 6-10, Block 1, currently contained in Outlot F, shall be incorporated into those lots. 3. Recommend approval of the rezoning of Outlot B, COBBLESTONE LAKE SOUTH SHORE 9TH ADDITION to Planned Development No. 703/zone 7 subject to the following: • The plat shall be configured to have 44 residential lots and two outlots. • Outlot B shall be dedicated for public park purposes. • The dedication on the fmal plat of draining and utility easements within the plat sufficient to serve all units within the development, either as defined or blanket easements. • Dedication on the fmal plat of a draining and utility easement over Outlot A. • The dedication of a one foot (1') wide easement that will restrict direct driveway access to Cobblestone Lake Parkway South. • A 24 -foot wide private drive shall be constructed within Outlot A. • On- street parking along the private street within Outlot A shall be prohibited. • Parking shall be allowed on one side of all public streets in accordance with the parking plan, subject to the removal of parking spaces in front of fire hydrants and within street intersection sight triangles. • The maximum width of a driveway at the street shall be 14 feet. • The raised median, at the intersection of Cobblestone Lake Parkway South and Street A shall be removed. • Curb modifications along the south side of Cobblestone Lake Parkway South shall be made at the public street intersections. • Revisions shall be made to the grading and utility plans to the satisfaction of the City Engineer. • A berm shall be constructed in the side yard of Lot 6, Block 1 and the rear yards of Lots 7 -10, Block 1. • Landscaping shall be installed in accordance with the landscape plan dated September 29, 2015; subject to the replacement of the crabapple trees with a row of spruce trees in the rear yards of Lots 11 -20, Block 1, and planting all trees outside of the street right -of -way. • An eight -foot trail shall be installed along the side lot line of Lots 16 and 17, Block 1. • A ten -foot wide pathway easement, five feet on either side of the common side lot line of Lots 16 and 17, Block 1, shall be dedicated with the fmal plat. 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 corner 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 /zones 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 ", 2 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. The original preliminary plat showed that all the interior lots and six of the ten corner lots met the minimum lot requirements. Lot line adjustments were needed to bring the deficient corner lots into conformance or the minimum area requirement for a comer lot in zone 2A. The applicant has submitted a revised preliminary plat that shows all lots meeting or exceeding the minimum required lot area. No amendments to the planned development ordinance are proposed. 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 shall be established over and across all of Outlot A on the final plat. 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 /or 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. The applicant has submitted a landscape plan that shows one spruce and one crabapple tree in Lot 5, and two spruce trees and one crabapple tree in Lot 6. 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. Staff recommended that screening/softening elements such as earth berms and /or landscaping should be incorporated backyards of lots directly adjacent to Outlot B. The submitted landscape plan identifies a row of spruce trees along the side and rear lot line of Lots 6 -10, Block 1, which should help screen the two uses. Staff is also proposing that the property north of Lot 6 -10 that is currently in Outlot F should be incorporated into those lots and a berm should be constructed in that location that will help further screen the dwelling units in those lots from the future parking lot in Outlot B. Finally, the applicant proposes to plant one crabapple tree in the rear yards of Lots 11 -20, Block 1. 3 The crabapple trees should be replaced with row of spruce trees in the rear of those lots that will provide better screening of the park. 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. A parking plan has been submitted by the applicant that identifies the on- street parking stalls. 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. Sidewalks will be installed on both sides of public streets within the subdivision. Staff is recommending that a trail connection along the side lot line of Lots 16 and 17, Block to the trail Cobblestone Lake Park should be made as part of this development. A 10 -foot wide pathway easement shall be established over the trial connection. 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 Landscape Plans Parking Plan 4 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) � Land Use 7" "PD-703/zone PD- 703 /zone 7 Development) (Planned p ) 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 5 DEVELOPMENT PROJECT REVIEW 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: 6 • 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 Out lot 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). COMPREHENSIVE PLAN MAP 7 The proposed amendments will adjust the existing property lines of the two outlots. Property currently in Outlot F, directly north of Lots 6 -10, Block 1, will be incorporated into Outlot B. That property should be included in the before - mentioned lots. 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 corner lot. The original plans showed lots within varying in size from 4,289 sq. ft. to 7,687 sq. ft. with minimum lot widths between 46 -76 feet. All the interior lots and six of the ten corner lots met the minimum lot requirements. Staff indicated that lot line adjustments would be necessary to bring the deficient corner lots into conformance or the minimum area requirement for a comer lot in zone 2A would need to be amended. The applicant has revised their plans to bring all lots into conformance with the current area requirements. ZONING MAP 8 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, of which nearly all of the proposed Outlot B is currently part of Cobblestone Lake Park. The portion of Outlot F, north of proposed Lots 6 -10, Block 1 should be platted into those lots and this area should be used for berming and landscaping. 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 and recommended that a combination of berms and /or 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. Staff recommended the applicant incorporate screening/softening elements such as earth berms and /or landscaping at these locations. A landscape plan has been submitted, which shows a variety of deciduous trees located throughout the proposed development. Spruce trees are shown in the rear yard of Lots 7 -10, Block 1; along the side and front yard of Lot 6, Block 1; and the front yard of Lot 5, Block 1. These trees will help provide screening from the 157 Street roundabout and the public park to the north. 9 The plan also shows a crabapple being planted at a rate of one per lot in the rear yards of Lots 12- 20. Staff is recommending that the crabapples be replaced with a row of spruce trees, which will provide the screening from the park use to the east. The Natural Resources Coordinator has reviewed the landscape plan and is recommending the following: • There are too many maple trees. Adjust the tree quantities so that no more than 25% of the large trees are of any one species. • Revise the plan so that all trees are located behind the sidewalk on private property. 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 reviewed by the Assistant City Engineer and he is recommending the following changes: • Sanitary sewer and water main at Street A and Cobblestone Lake Parkway South shall be modified to provide 10 feet of separation from the storm sewer. • Sanitary manhole MH -4 may be required to extend further north to provide service to Lot 13, Block 1. 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. The applicant has submitted an on- street parking plan, which shows 35 10 spaces within the development and 39 existing spaces along the east and north side of Cobblestone Lake Parkway South. Parking is also available on the west and south side of the parkway. The plan has some parking spaces located directly adjacent to fire hydrants. Parking is not allowed 10 feet from a hydrant. That will result in the loss of a minimum of two spaces. In addition, a 30 -foot sight triangle shall be maintained at each street intersection. 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: The original plan showed five -foot wide sidewalks along one side of Street A and B, which would intersect with the existing sidewalks along Cobblestone Lake Parkway South. Sidewalks should be installed on both sides of public streets within the subdivision, which the applicant is showing on their revised plans. Staffs initial review of the proposed development recommended that two trail connections be made within the development to the trails within Cobblestone Lake Park. Staff proposed trail connections be located along the side lot line of Lots 9 and 10, Block 1 and Lots 16 and 17, Block 1. Staff is now recommending that a berm be constructed behind Lots 9 and 10, which will cause a conflict with the proposed trail connection at that location. Therefore, staff is not proposing a trail at this location. A 10 -foot wide pathway easement shall be established over the proposed trail between Lots 16 and 17. 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. Public Hearing Comments: The public hearing was held at September 16, 2015, Planning Commission meeting. No comments were received. 11 t *elite fete *.* CITY OF App11 Vauey TO: Tom Lovelace, City Planner FROM: Brandon S. Anderson, Assistant City Engineer DATE: September 28, 2015 SUBJECT: Cobblestone Lake South Shore 9th Addition Preliminary Plat Review MEMO Public Works Tom, following is comments regarding the Cobblestone Lake South Shore 9th Addition Preliminary plan dated September 22, 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. • Easements shall be adjusted for future trail and sidewalk connections. • Street C is indicated to be private. • Outlot A shall be dedicated as drainage and utility easement for future access to public utilities. • It is recommended that the rear property line for Lots 6 -12 of Block 1 be revised to include the area of the existing property line adjacent to the park. This area shall be utilized for berms and landscape screening from future park parking lot. 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. Sanitary Sewer and Water Main • Sanitary sewer and water main at Street A and Cobblestone Lake Parkway shall be modified to provide 10' separation from storm sewer. • 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. Parking • Indicate hydrant locations on the parking plan and adjust parking layout to maintain that no parking is allowed 10' from a fire hydrant. • Indicate site line triangles and intersections and adjust parking layout to maintain that no parking is allowed 30' measured from face of curb at street intersections. 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Install 8-Foot Wide 24-Foot Pathway Wide Curb Private Drive Modifications Remove Median UTILITY PLAN LANDSCAPE PLAN Add Spruce/Pine Trees PARKING PLAN No Parking Allowed SIGHT TRIANGLE RECOMMENDATION 1.Recommend approval of the amendment to the 2030 Land Use Map to re-designate Blocks 1-4 and Outlot A from “HD” (High Density Residential/6-12 units per acre) to “LD” (Low Density Residential/2- 6 units per acre) and Outlot B to “P” (Parks and Open Space; subject to the following: The section of property located north of Lots 6-10, Block 1, • currently contained in Outlot F, shall be incorporated into those lots. 2.Recommend approval of the rezoning of Blocks 1-4 and Outlot A, COBBLESTONE LAKE SOUTH SHORE 9TH ADDITION, from Planned Development No. 703/zone 6 to Planned Development No. 703/zone 2A subject to the following: The section of property located north of Lots 6-10, Block 1, • currently contained in Outlot F, shall be incorporated into those lots. RECOMMENDATION 3.Recommend approval of the rezoning of Outlot B, COBBLESTONE LAKE SOUTH SHORE 9TH ADDITION to Planned Development No. 703/zone 7 subject to the following: The section of property located north of Lots 6-10, Block 1, • currently contained in Outlot F, shall be excluded. 4.Recommend approval of the COBBLESTONE LAKE SOUTH SHORE 9TH ADDITION preliminary plat, subject to the following conditions: The plat shall be configured to have 44 residential lots and two • outlots. Outlot B shall be dedicated for public park purposes. • The dedication on the final plat of draining and utility easements • within the plat sufficient to serve all units within the development, either as defined or blanket easements. RECOMMENDATION Dedication on the final plat of a draining and utility easement over • Outlot A. The dedication of a one foot (1') wide easement that will restrict • direct driveway access to Cobblestone Lake Parkway South. A 24-foot wide private drive shall be constructed within Outlot A. • On-street parking along the private street within Outlot A shall be • prohibited. Parking shall be allowed on one side of all public streets in • accordance with the parking plan dated October 7, 2015. The maximum width of a driveway at the street shall be 14 feet. • The raised median, at the intersection of Cobblestone Lake Parkway • South and Street A shall be removed. Curb modifications along the south side of Cobblestone Lake • Parkway South shall be made at the public street intersections. RECOMMENDATION Revisions shall be made to the grading and utility plans to the • satisfaction of the City Engineer. A berm shall be constructed in the side yard of Lot 6, Block 1 • and the rear yards of Lots 7-10, Block 1. Landscaping shall be installed in accordance with the landscape • plan dated September 29, 2015; subject to the replacement of the crabapple trees with a row of spruce trees in the rear yards of Lots 11-20, Block 1, and planting all trees outside of the street right-of-way. An eight-foot trail shall be installed along the side lot line of Lots • 16 and 17, Block 1. A ten-foot wide pathway easement, five feet on either side of • the common side lot line of Lots 16 and 17, Block 1, shall be dedicated with the final plat. 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 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 PROJECT NAME: Freiberger Garage Variance PROJECT DESCRIPTION Dan Freiberger, 6816 135 Street West, is requesting a variance to the street side yard setback requirement to add a third stall to his garage. The zoning code requires the street side of the house to be set back 20 feet from the lot line. This request is to encroach into this setback by 2.5 feet. STAFF CONTACT: Elena Shulman, Code Compliance Inspector/ Kathy Bodmer, Planner DEPARTMENT /DIVISION: Community Development Department APPLICANT: Dan Freiberger PROJECT NUMBER: PC 15 -3 3 -V APPLICATION DATE: 60 DAYS: 120 DAYS: September 30, 2015 November 29, 2015 January 28, 2016 0000 City of Apple, ITEM: PLANNING COMMISSION MEETING DATE: SECTION: If the Planning Commission concurs with staff's findings, the following motion is recommended: October 7, 2015 Land Use /Action Items Proposed Action Staff recommends that the variance for the Freiberger garage be approved based upon the following practical difficulties: 1. The petitioner wishes to use his property in a reasonable manner. 2. A parking pad is currently located on the east side of the existing garage. The owner uses the parking pad for the outside parking of vehicles. 3. A garage stall will provide additional enclosed storage. 4. A third garage stall will not alter the essential character of the neighborhood. 5. Able to construct 8.5' addition, but 1.1' would allow for the parking of a vehicle. • Recommend approval of a 2.5' variance reducing the street side setback from 20' to 17.5' to construct a 11' x 20' (220 sq. ft.) garage addition based on the findings noted above, subject to compliance with all City Ordinances and the following conditions: 1. No commercial automobile repair shall occur on the property as regulated by the Zoning Code. 2. The property owner shall repair the dilapidated fence along the east property line on a schedule to be approved by the Code Compliance Specialist. 3. All debris and unused landscape material in the rear yard shall be properly stacked and stored behind the fence. Project Summary /Issues Dan Freiberger, 6816 135 Street West, requests a variance to the street side setback from 20' to 17.5' to add a third stall to his garage. The property is located at the corner of 135 Street West and Fordham Avenue, where the side yard abuts Fordham Avenue, and the driveway is entered from 135 Street West. Currently, there is 8.6' available to meet the 20' side street setback, which would not accommodate a third vehicle to park in the proposed stall, therefore the 2.5' variance would allow space for a third vehicle. The proposed garage addition would not severely impact the neighborhoods character, as other homes nearby have three car garages, and it is a reasonable use for the property. The applicant has expressed that a third garage stall would add needed additional parking, as there are two other cars in the garage currently, one being a restored vintage vehicle. Additionally, the applicant states that a third stall, as opposed to just storage space that the remaining 8.6' would allow for, could increase the home's value and aid in the future sale of the home. The Staff reviews variance applications based strictly upon the requirements of the state statutes and the City Code which require that the applicant establish that there are practical difficulties present in order for a variance to be granted, and that logical alternatives are not available. In order to grant a variance, the City considers the following factors to determine whether the applicant established that there are practical difficulties in complying with the provision(s) of this Chapter: special conditions apply to the structure or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located; the granting of the proposed variance will not be contrary to the intent of this chapter; the special conditions or circumstances do not result from the actions of the owner /applicant; the granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this Code; and the variance requested is the minimum variance necessary to alleviate the practical difficulty. A "practical difficulty" is defined as follows: the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of the code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Budget Impact None. Attachment(s) Attachments: 1. Applicant Letter 2. Location Map 3. Zoning Map 4. Existing Site Plan 5. Proposed Site Plan 6. Floor Plan 7. Photo Existing Front Elevation 8. Photo Proposed Front Elevation 9. Photo Existing Side Elevation 10. Photo Proposed Side Elevation Property Location: 6816 135 Street West Legal Description: Lot 1, Block 5, GREENLEAF 1S ADDITION Comprehensive Plan Designation LD- Low Density Residential (0-6 units/acre) Zoning Classification R-3 Single Family 11,000 s.f. Existing Platting Platted lot. Current Land Use Single family residential. Size: 15,180 sq. ft. (0.35 acres) Topography: Flat Existing Vegetation Urban landscape. Other Significant Natural Features None. Adjacent Properties/Land Uses NORTH 6843 135 Street West Comprehensive Plan LD-Low Density Residential (0-6 units/acre) Zoning/Land Use R-3 Single Family 11,000 s.f. SOUTH 13533 Fordham Avenue Comprehensive Plan LD-Low Density Residential (0-6 units/acre) Zoning/Land Use R-3 Single Family 11,000 s.f. EAST 13508 Fordham Avenue Comprehensive Plan LD-Low Density Residential (0-6 units/acre) Zoning/Land Use R-3 Single Family 11,000 s.f. WEST 6850 135 Street West Comprehensive Plan LD-Low Density Residential (0-6 units/acre) Zoning/Land Use R-3 Single Family 1 1,000 s.f. Existing Conditions FREIBERGER GARAGE VARIANCE PROJECT REVIEW f w R -1 UPPER 136TH ST W 132N ST W 1. ENA WA I►II r a 135TH ST W n I RDE I NIA CT limiur MEM R-3 w R -: w CC 137TH ‘ 1 0 , 44447 IT 1 Aft.o, .<rait ENE ma cow - ro • 4142 CT 1W4Lika _ -3 FREIBERGER GARAGE VARIANCE ZONING MAP APP iiey • 1.11.6? lb m FREIBERGER GARAGE ADDITION Variance Proposal 6816 135th St W. Apple Valley, MN We are proposing a variance to the 20' setback rule for corner lots, to 17' on the side yard of Fordham Ave (at 135t st.). This will allow for the building of an attached garage addition with a FULL garage width capable of fitting an average sized vehicle, as opposed to the existing 8'6" we are currently allowed to build out to, which will not allow for a vehicle to park inside of. A few reasons for this request are listed below. • Per ROLES AND LANGUAGE CONSTRUCTION. - Due to the stated above rule, the existing 8' 6" of room can be rounded up to 9', so the proposed variance request is only 2' extra. • A wider garage opening will allow for vehicle access opposed to just extra garage storage. • Multiple other similar properties in Apple Valley have 3d stall additions that encroach on the easement even further than the current proposed measurement. • (personal reason for variance — homeowner is aware this is not a valid hardship) Due to being on the A.V. Fire dept, garage parking is a must in the winter times to be able to respond to night calls and not have a frosted windshield. With this in mind, parking one car inside and the need to garage store a 70+ year old restored vehicle, a 3 FULL width stall ((the proposed 11' out)) would be VERY helpful to the current homeowner. • This 3rd stall request would be keeping consistent with the cities comprehensive goals and policies that encourage residents to make improvements to their homes as a way to help update and enhance the cities existing houses and livability. • The stated above would allow for easier future home sale due to a full garage width allowing a 3 vehicle. A 3 car garage house will sell better than a 2 or 2.5 stall. This will also increase the properties prospective value. • The 2' would allow for the perfect blend of full vehicle parking while keeping the existing garage /house size ratio consistent and aesthetically pleasing. • The setback of 66" from the existing garage will allow for minimal if ANY corner visibility loss from the street. -The language set forth in the text of this chapter shall be interpreted in accordance with the following: (F) All measured distances expressed in feet shall be rounded to the nearest foot. d POE 01“ Ti 'OM S C T — C /35 7 H 3773 3 T Z,i 10 WaYza t 1, _Block Grf'erti ;-"1 k ( %. d d ; 1 Freiberger Garage Variance Planning Commission Meeting October 7, 2015 Request Variance to reduce side yard setback from 20’ to 17.5’ to add a • third garage stall. Location Map 6816 –135St. W. th Zoning Oblique Aerial Existing Garage Proposed Garage Addition 17.5 Floor Plan Existing Proposed Existing Proposed Definition of “Practical Difficulties”  Theapplicantproposestousethepropertyinareasonablemanner notpermittedbythezoningprovisionsofthecode;  Theplightoftheapplicantisduetocircumstancesuniquetothe propertynotcreatedbytheapplicant;and  Thevariance,ifgranted,willnotaltertheessentialcharacterofthe locality.  Economicconsiderationsalonedonotconstitutepracticaldifficulties. Findings for a Variance 1.Specialconditionsapplytothestructureorlandinquestionthatare particulartothepropertyanddonotapplygenerallytootherlandor structuresinthedistrictorvicinityinwhichthelandislocated; 2.Thegrantingoftheproposedvariancewillnotbecontrarytothe intentofthischapter; 3.Thespecialconditionsorcircumstancesdonotresultfromthe actionsoftheowner/applicant; 4.Thegrantingofthevariancewillnotmerelyserveasaconvenience totheapplicant,butisnecessarytoalleviatepracticaldifficultiesin complyingwiththezoningprovisionsofthisCode;and 5.Thevariancerequestedistheminimumvariancenecessaryto alleviatethepracticaldifficulty. Findings Staff recommends that the variance for the Freibergergarage • be approved based upon the following practical difficulties: 1.The petitioner wishes to use his property in a reasonable manner. 2.A parking pad is currently located on the East side of the existing garage. The owner uses the parking pad for outside parking of vehicles. 3.A garage stall will provide additional enclosed storage. 4.A third garage stall will not alter the essential character of the neighborhood. 5.Able to construct 8.5’ addition, but 11’ would allow for the parking of a vehicle. 6.(Any additional findings) Proposed Motion Recommend approval of a 2.5’ variance reducing the street • side set back from 20’ to 17.5’ to construct a 11’x 20’ (220 sq. ft.) garage addition based on the findings, and subject to compliance with all City Ordinances and the following conditions: 1.No commercial automobile repair shall occur on the property regulated by the Zoning Code. 2.The property owner shall repair the dilapidated fence along the East property line on a schedule to be approved by the Code Compliance Specialist. 3.All debris and unused landscape material in the rear yard shall be properly stacked and stored behind the fence. Questions