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HomeMy WebLinkAbout10/21/2015  Meeting Location: Municipal Center City of 7100 147th Street West Apple Valley, Minnesota 55124 OCTOBER 21, 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 OCTOBER 7, 2015 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS --NONE-- 6. LAND USE/ACTION ITEMS A.Zoning Amendment I-2 Consideration of an Ordinance Amending the I-2 (General (PC15-06-Z) Industrial) zoning district concerning obsolete industrial uses and bulk fuel storage. LOCATION: City Wide PETITIONER: City of Apple Valley 7. OTHER BUSINESS A.Dominium Sketch Plan Review - (Multiple Family Residential, 12 Review/Building Permit Authorization to construct a 164-unit senior apartment development on the 3.6-acre property on the southwest corner of Cedar Avenue and 140th Street by Dominium. B. Review of upcoming schedule and other updates. 8. ADJOURNMENT NEXT PLANNING COMMISSION MEETINGS 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 Wednesday, December 2, 2015 Regular Scheduled Meeting 7:00 P.M. -Public hearing applications due by 9:00 a.m. on Wednesday, November 4, 2015 -Site plan, variance applications due by 9:00 a.m. on Monday, November 23, 2015 NEXT CITY COUNCIL MEETINGS Thursday, October 22, 2015 Regular Scheduled Meeting 7:00 P.M. Thursday, November 12, 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 CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES OCTOBER 7, 2015 The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at 7:00 p.m. Members Present: Tom Melander, Ken Alwin, Keith Diekmann, Angela Polozun, Paul Scanlan and David Schindler. Members Absent: Tim Burke. Staff Present: City Attorney Sharon Hills, City Planner Tom Lovelace, Planner Kathy Bodmer, Code Compliance Inspector Elena Shulman, 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 Alwin moved, seconded by Commissioner Diekmann, approving the agenda. Ayes - 5 - Nays - 0. 3. APPROVAL OF MINUTES SEPTEMBER 16, 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 September 16, 2015. Ayes - 5 - Nays — 0. Commissioner Schindler arrived at 7:01 p.m. 4. CONSENT ITEMS --NONE-- 5. PUBLIC HEARINGS --NONE-- CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 7, 2015 Page 2 of 6 6. LAND USE /ACTION ITEMS A. Zoning Ordinance Amendments — Alcoholic Beverage Production Establishments — Consider zoning ordinance amendments pertaining to alcoholic beverage production establishments. (PC 15-27-Z) LOCATION: City Wide PETITIONER: City of Apple Valley City Planner Tom Lovelace 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. 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. Discussion followed. MOTION: Commissioner Scanlan moved, seconded by Commissioner Alwin, recommending 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. Ayes - 6 - Nays - 0. B. Cobblestone Lake South Shore 9th Addition - Consider Comprehensive Land Use Map amendments, rezoning, zoning amendments, and preliminary plat for a 7.78 -acre development that will create 44 single- family lots. (PC15-30-PZS) LOCATION: SE corner of 157th Street W and Cobblestone Lake Pkwy S PETITIONER: Cobblestone Lake Development, LLC City Planner Tom Lovelace stated 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 1 57th Street West. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 7, 2015 Page 3 of 6 The amendments to the 2030 Comprehensive Plan Land Use Map 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", 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. Rob St. Sauver, South Shore Development, provided additional information. Discussion followed. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, recommending 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. Ayes - 6 - Nays - O. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, recommending 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. Ayes - 6 - Nays - O. MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, recommending 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. Ayes - 6 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 7, 2015 Page 4 of 6 MOTION: Commissioner Diekmann moved, seconded by Commissioner Scanlan, recommending approval of 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. • 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, 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. ma Ayes -6- Nays -0. C. Freiberger Setback Variance - Consider variance to reduce street side setback from 20 feet to 17.5 feet to add a third garage stall. (PC15 -33 -V) LOCATION: 6816 - 135th Street West PETITIONER: Dan Freiberger Code Compliance Inspector Elena Shulman reviewed the request of the applicant, Dan Freiberger, 6816 - 135th Street West, for 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 135th Street West and Fordham Avenue, CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 7, 2015 Page 5 of 6 where the side yard abuts Fordham Avenue, and the driveway is entered from 135th 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. The 2.5' variance would allow space for a third vehicle. The proposed garage addition would not severely impact the neighborhood character, as other homes nearby have three car garages, and it is a reasonable use for the property. She said 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. Discussion followed. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, recommending approval of a 2.5' variance reducing the street side setback from 20' to 17.5' to construct an 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. Ayes - 6 - Nays - O. 7. OTHER BUSINESS A. Review of upcoming schedule and other updates. City Planner Tom Lovelace stated that the next Planning Commission meeting would take place Wednesday, October 21, 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 7:42 p.m. Ayes - 6 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 7, 2015 Page 6 of 6 Respectfully Submitted, Jo urphy, Planning Depa ment A stant Approved by the Apple Valley Planning Commission on PROJECT NAME: Zoning Amendments I -2 (General Industrial) — Bulk Fuel Storage & Heavy Industrial Uses PROJECT DESCRIPTION Amend the "I -2" (General Industrial) zoning district to delete heavy industrial uses that are no longer compatible with the City's 2030 Comprehensive Plan and add performance standards for bulk fuel storage tanks. STAFF CONTACT: Kathy Bodmer, Planner DEPARTMENT /DIVISION: Community Development Department APPLICANT: City of Apple Valley PROJECT NUMBER: PC 15 -06 -Z city of Apple Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: October 21, 2015 Land Use Proposed Action • Recommend approval of the draft ordinance amending the "I -2" (General Industrial) zone to delete obsolete industrial uses and add performance standards for bulk fuel storage tanks. Project Summary /Issues A total of 161.1 acres of land, or 1.5% of the total area of the City, is zoned "I -2" (General Industrial). Parcels zoned I -2 are located in close proximity to residential neighborhoods, parks and a high school. Some of the current permitted and conditional uses are no longer compatible with the goals and vision of the City's 2030 Comprehensive Plan. The I -2 zone is proposed to be amended by removing some of the obsolete and /or higher nuisance heavy industrial uses. In addition, when an I -2 use is within 1,000 feet of residential or institutional property, the ordinance allows the City Council to require berming, landscaping, orientation of activities, or a combination of methods, to minimize impacts to the nearby residential and institutional properties. Currently, petroleum storage tanks are listed as a permitted use in the I -2 zoning district with no additional requirements or standards. The proposed ordinance would allow existing bulk crude oil, petroleum products or other flammable or combustible liquids storage tanks to remain as a permitted use. However, following an established date, a property owner who wishes to add or replace any fuel storage tanks in the I -2 zone that is 10,000 gallons or more, or with an aggregate total of 10,000 or more gallons, would be required to obtain a conditional use permit (CUP). Tanks of less than 10,000 gallons or with an aggregate total of tanks less than 10,000 gallons would be allowed accessory uses, but must comply with the ordinance requirements. To protect against leaks, spills and fires, the ordinance provides specific design requirements for the construction of secondary containment (berming and impervious lining for surface and groundwater protection) and fire protection. Containment berms must be able to contain a minimum of 1-1/2 times the volume of the largest tank within the containment cell with a vertical travel time of no less than seven days. Direct fire protection/suppression must be pre - plumbed to all tanks. Foam fire protection is required for atmospheric tanks. The ordinance containment and public safety measures will be required at the time of construction of a new or replacement tank. When a CUP is issued for a new tank, containment and public safety measures will be required on the existing tanks on a schedule approved by the City. A property owner with above - ground storage tanks will be required to provide a comprehensive emergency response plan indicating how any leak, spill or fire would be managed a minimum of every five years. The public hearing for the draft ordinance amendment was held on March 18, 2015. Since that time, Staff has been working with owners of 1-2 zoned properties to address issues of concern. The ordinance was amended to address the concerns raised while maintaining the clear and objective standards provided in the ordinance. Budget Impact None. Attachment(s) 1. Map of I-2 zoning areas 2. 1,000' Buffer from 1-2 Zoned Parcels 3. Draft Ordinance 4. Letter from Magellan Mid-Stream Partners R - F c R v 145TN ST,W- very 4'H'13 i�� • - UPPER 146TH ST W 11 M-8C PD -290 T GLAZIER AVE PD - 2 155TH ST W 153RD STW PD -290__ 0 PD-541 0 — PD -73! PD- 244 LB PD -409 PD- OADWELL x < �4_FLORENCE TRLw q 0 I I 0 0 PO- 0 0 z 244 A P 51ST ST PD - 254 J C OASELCA ST_ 5 PD - 679 a a 152NDSTW; PD - 739 z a — FLORIST CIR 1 FORTING Si . G �LL o _ OUNDERSLN 146TH ST D -716 n PD -746 PD -679 3 r 1 -2 (General Industrial) FINCH AVE_ \ 1 SG w 0 O K Y %%t o" 1-1 UPPER i4TTH ST W I - 1 487y '11 w L__ U ISIST STW ,.- r _y - IrT m EUREKA CT A LL Y M-SC PARCELS ZONED 1-2 (GENERAL INDUSTRIAL) AV »; NI S • / \. 000 ft ��.v- �> g . � � � < (� \ 1-2 Zoned Parcels 1,000 Buffer HOME DEPOT x 1,000 BUFFER FROM 1 -2 ZONED PARCELS The City Council of Apple Valley ordains: § 155.216 PERMITTED USES. 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 Section 1. Section 155.216 of the Apple Valley City Code is hereby amended to read as follows: Within any I -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) .: - : ' , _ . : ' - - : : - - ' : sStorage 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 that were present and in operation on an I -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 the condition use permit or permitted accessory use regulations herein as applicable; 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 I -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 I -2 1 (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 Chart; (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 2 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 times 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. The owner /operator of the storage tanks shall have all secondary containment construction required herein be inspected, tested and certified in writing to conform with the requirements of this Clause (M) by licensed professional engineer certified in petroleum storage tank construction immediately after construction has been completed and prior to filling new or replacement storage tanks for the first time. ( 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 proposed alternative containment area is designed by a Minnesota licensed professional engineer and said engineer certifies that the alternative design 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 the applicant to conduct and submit to the City ground water susceptibility studies and fire safety and emergency response analysis within 90 days of the City's request which will not be requested more than every five (5) years unless a fire or a leak spill of product on the site has occurred earlier. (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). 3 h U • on $ etition of the o • erator the Cit 's Public Works Director and Fire Chief, in their sole discretion, may jointly recommend approval of the use of an alternative fire suppression system(s) in lieu of the requirements herein, provided the proposed alternative system is designed by a Minnesota licensed fire protection engineer and said engineer certifies that the alternative design equivalently meets the requirements provided in sub - clause (g) herein. (2) Below ground tanks (buried) shall comply with all rules and regulations thereof as established by the Minnesota Pollution Control Agency. (3) 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 add new clause, which shall be properly numbered upon approval, 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: () 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 liquid with a holding capacity of less than 10,000 gallons or an aggregate of storage 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. 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. 4 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 5 Mary Hamann-Roland, Mayor 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 The following is the official summary of Ordinance No. approved by the City Council of Apple Valley on 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 or more gallons or an aggregate of tanks having a holding capacity of 10,000 or more 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. 6 MAGELLAN" 0 MIDSTREAM PARTNERS, L.P. Bruce W. Heine Director Government and Media Affairs Once Williams Center MD 27 Tulsa, OK 74172 Mr. Bruce Nordquist Community Development Director City of Apple Valley 7100 147 Street W Apple Valley, MN 55124 -9016 RE: City of Apple Valley Draft Ordinance Dear Mr. Nordquist: Sincerely, Bruce W. Heine October 13, 2015 Thank you for your October 2, 2015 letter regarding the Draft Ordinance amending the I -2 zoning within the City of Apple Valley. We appreciate your recognition that we have taken action to protect the environment and enhance overall operations at the facility. As you know, we are proud to be a corporate citizen in Apple Valley and we continue to look forward to a strong working relationship with the City. It is a top priority for Magellan to operate our facility in Apple Valley and throughout the twenty -four states where we have assets in compliance with all laws and regulations. We will comply with the provisions of any rule, law or Ordinance adopted by a legislative or regulatory body which regulates our company and assets. We offered several suggestions on the draft Ordinance to City staff which were not included in the most recent version. While there are several provisions in the Ordinance we agree with, we believe the entire Ordinance will not ultimately achieve the objectives of the City or Magellan. Specifically, we do not believe the provisions contained in the most recent version of the Ordinance provide efficient methods of addressing potential incidents at the facility which may lead to a release of refined petroleum products or a tank fire. Making modifications at our facility is not just a matter of economics. We desire to make modifications based on science and practical experience as a leader in our industry. We look forward to working with you and your colleagues at the City of Apple Valley in the future as a valued stakeholder in the community. After all, the entire state of Minnesota depends on our Apple Valley facility to store and distribute adequate quantities of refined petroleum products to meet the needs of the state's consumers. I-2 (General Industrial) Zone Amendments Planning Commission Meeting October 21, 2015 Proposed Ordinance Amending I-2 (General Industrial) Zoning District 1.Delete Obsolete and Heavy Nuisance Industrial Uses 2.Provide Additional Performance Standards for Bulk Fuel Storage Tanks I-2 Zoning Delete Obsolete and Heavy Nuisance Industrial Uses 1.From Permitted Uses: On-site slaughtering of animals  Coal or tar asphalt distillation  Rendering works  Distillation of bones  2.From Conditional Uses: Refuse or garbage disposal  Activity that emits smoke darker than Shade No. 3 on  the RinglemannChart Auto wrecking, junkyard, used auto parts (open  storage) and similar Incineration or reduction of waste material other than  customarily incidental to a primary use. 1,000’ Buffer from I-2 Amend I-2 Uses §155.217 PERFORMANCE STANDARDS. All uses in the I-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 I-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. Current I-2 Zone Requirements for Bulk Fuel Storage §155.216 PERMITTED USES. Within any I-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: (C) Crude oil, gasoline or other liquid storage tanks; Proposed Amendments for Bulk Fuel Storage Protect the environment (surface/ground • water) Protect public safety (leaks, spills, fire) • Proposed Amendments Tanks for storage of crude oil, liquid petroleum (gasoline, diesel fuel, heating oil) or other flammable or combustible liquids. 1.Those that are existing and in operation in I-2 continue to be permitted uses in the zoning district. 2.Any tanks added or replaced after [Placeholder Date], are subject to a conditional use permit (CUP) or accessory use regulations. 3.Tanks less than 10,000 gallons shall provide secondary containment (ground protection) and fire suppression as required by the Fire Code and Fire Chief. 4.Below ground tanks must comply with all rules of the Minnesota Pollution Control Agency. Tanks Greater than 10,000 Gallons Typically 9,000 Gallons Fuel Storage Tanks Greater than 10,000 Gallons Environmental Protection Requirements: • Must provide both horizontal and vertical spill • and leak protection through secondary containment(berming and impervious lining). Post-installation inspection must confirm • containment area of 1-1/2 times the total volume of the largest tank in the containment berm and vertical travel time of no less than 7 daysthrough the containment section. Fuel Storage Tanks Greater than 10,000 Gallons Environmental Protection Requirements • (Cont’d): Containment area must be designed and • constructed consistent with MN Rules 7151.5400 (MPCA Above-ground storage tank containment design requirements). Operator may petition Public Works Director and • Fire Chief, who may approve an alternative secondary containment design, provided alternative designed by MN licensed engineer and certifies alternative equivalently meets the requirements of MN Rules 7151.5400. Fuel Storage Tanks Greater than 10,000 Gallons Environmental Protection Requirements • (Cont’d): New or replacement tanks –secondary • containment must be installed as required by ordinance. Existing tanks –when CUP issued for new • or replacement tanks, secondary containment shall be installed on existing tanks according to a schedule approved by the City. Fuel Storage Tanks Greater than 10,000 Gallons Public Safety Requirements: • Access roads capable of supporting fire • apparatus providing full access within 150 ftof each tank required. Direct fire protection/suppression shall be pre- • plumbed to all tanks. In the case of atmospheric tanks, foam fire • protection is required with foam concentrate material stored on site. Fuel Storage Tanks Greater than 10,000 Gallons Public Safety Requirements (Cont’d): • When facility expanded, City may require • ground water susceptibility studies, fire safety and emergency response analysis. City will not require more than every 5 years unless fire or leak/spill occurs earlier. Prior to issuance of a conditional use permit, • owner and operator must submit a comprehensive emergency response plan addressing any leak and/or fire. Must be updated every 5 years. Fuel Storage Tanks Greater than 10,000 Gallons Public Safety Requirements (Cont’d): • New or replacement tanks –fire protection • must be installed as required by ordinance. Existing tanks –when CUP issued for new • or replacement tanks, fire protection shall be installed on existing tanks according to a schedule approved by the City. Public Outreach Public Hearing Held March 18, 2015 • 41 total notices mailed to property owners • and tenants of I-2 (General Industrial) zoned property along with copy of draft ordinance. Owners of I-2 property support eliminating • high nuisance industrial uses. Public Outreach 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. Public Outreach Concern expressed about specific elements of • the fire protection and secondary containment requirements for new bulk fuel storage tanks. City priority is to ensure highest levels of fire,  public safety and ground water protection. City priority also to have clear and objective  standards in the ordinance. Ordinance modified to allow an alternate  design for fire protection and secondary containment, but an engineer must certify the alternative design meets the standards provided in the ordinance. Public Outreach 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 required to be put  on a schedule for retrofit approved by City when new or replacement tank is installed. Recommended Motion Recommend Approval of Draft Ordinance Amending I-2 (General Industrial) Zoning District Related to Obsolete Uses and Bulk Fuel Storage. Questions? PROJECT NAME: Apple Valley Senior Housing - Dominium PROJECT DESCRIPTION Sketch Plan Review of proposed rezoning from "M-8C" (Multiple family, 12 to 24 units/acre) to "PD" (Planned Development) and Site Plan Review/Building Permit Authorization to construct a 164-unit senior apartment building on the southwest corner of Cedar Avenue and 140 Street West. STAFF CONTACT: Kathy Bodmer, Planner DEPARTMENT/DIVISION: Community Development Department APPLICANT: Dominium PROJECT NUMBER: N/A APPLICATION DATE: 60 DAYS: 120 DAYS: N/A City of Apple ey ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 7A October 21, 2015 Other Business Proposed Action • No official action is required. The owner wishes to introduce the project and receive feedback from the Planning Commission prior to submitting a formal application. • It is recommended that the Planning Commission not state specifically whether or not they would approve or deny the request, but rather, identify the specific zoning questions or issues they might have with the proposed project. Project Summary/Issues Zoning: The property is currently zoned M-8C which allows multiple family residential with a density of 12 to 24 units/acre. In an M-8 zoning district, densities may be increased to 32 units/acre for a four story building and 40 units per acre in a five story building by conditional use permit through density bonuses. Multiple- family housing for seniors is a permitted use in the zoning district. The petitioner will be requesting a rezoning of the property to "PD" (Planned Development) to allow fewer parking stalls and relief from some of the setback requirements. A rezoning to PD will require the applicant to provide a written statement of how a rezoning of this property to a PD designation will benefit the public interest. Site Challenges: The parcel is difficult to develop due to its topography and proximity to Cedar Avenue and 140th Street. The site has a significant hill next to Granite Avenue on the west side of the site. Approximately 30' of grade change occurs from the southeast corner of the site to the peak of the hill adjacent to Granite Avenue. Cedar Avenue is classified as a Principal Arterial road and 140 Street is classified as a Major Collector. Currently, the traffic volume on Cedar Avenue is 45,000 trips per day which is expected to increase to 63,000 by 2030 (source: Draft 2030 Comp Plan). Similarly, 140th Street currently has 9,800 trips per day which is expected to increase to 12,400 by 2030. Access to the site is only available from Granite Avenue on the west side of the property. The site has several significant trees, but they are mostly elm and boxelder. Site Plan: The sketch plan shows the 4-story senior apartment building with underground parking located parallel to Cedar Avenue. The building will have 164 units which will result in a density of 45.6 units/acre. The sketch indicates that 143 garage parking stalls and 50 surface parking stalls would be provided which is a ratio of 1.18 parking stalls per unit. In a market rate apartment development, parking is required at 1 garage stall and 1.5 surface stalls per unit (2.5 spaces/unit). Variances were granted to other recent senior developments based upon the unique needs of seniors. The Timbers provides 1.109 spaces/unit, Summerhill provides 1.84 spaces/unit, and Orchard Square/Cortland Square provide 1.13 spaces/unit. Two access drives are shown to the site from Granite Avenue. Although the northern driveway does not perfectly align with the Summerhill driveway to the west, the City Engineer states that it is not a significant issue because of the low traffic volume. No additional access drives will be permitted to the site from Cedar Avenue or 140th Street. Exterior Elevation Perspective: A perspective drawing is provided that shows the exterior of the building. A variety of materials and varying roofline helps to provide visual interest and breaks up the massing of the building. Budget Impact N/A Attachment(s) 1. Location Map 2. Zoning Map 3. Oblique Aerial Photo 4. Contour Map 5. Sketch Site Plan 6. Sketch Exterior Perspectives 7. Sketch Grading Plans 8. Sketch Utilities 9. Engineering Memo c c d 0 z 0 0 a_ J Q W W D Cf -J m d APPLE VALLEY SENIOR APARTMENTS 10.5.2015 r wa Aro. va sr atT ra kapu 1 i I \ \ , i 1 \ k bF 1fr \ aWP M L r oePP /eetv1"4,7, P 3 1- _ '.t.- ' r b AREA:53,407 SF MIX: 67/45/52 (I 64) GARAGE PARKING: 143 SURFACE PARKING:50 PARKING RATIO: 1.18 OPTION 2 4- 1 + 1 �aotn l sneer wear I 1 �AMot A 8 A 1 I m..n �.+il, ti t - � r� � Itot� • , ■ E'"fi M M 6 4f' 4 - Ar 0 25' 50' I" = 50'_0" 1v/ff , t.•'tt£ — 's w EA.Sr FeeSPe / / 4'x. . wt' �_ ii': �� ,yam __. —. R ► 1189 Y, 4 Z7 t 1 1 — ` w \ : j , /ice 1 � ' / I IPI'I la -1— I d t�'�,. // wwamwnw tatVls."'r�m+'to.�'�1 �—"" , \ ` x \ 1 1 1 17 /..' I ! I -- l 1 I I I ....° � y , 1 / — . — mow ir � 1 , 1 . V ,1 1 ,1 1 111 1 // I . III ill , 4 T 1 1 I 1 I I .'''"" .-- ...' 1 „� y -- F . .` _ / I I 1 u III I �' I I •— %.. — : — � / /111111 I I I I I I I 1 \ r 1 /i.�tl.r_�t �.a 1 111 II I I I 1I 1 \ / PuBUC frsza..rrc- e /oh,` y^ /' 'wM LL i� B K V DOMINIUM G R O U P 9 , . " I r - /£10 1005 J14t ;s*M ;esllS MP% JSOM #eeJJS WON c CITY of Apple Valley TO: Kathy Bodmer, Planner FROM: Brandon S. Anderson, Acting City Engineer DATE: October 14, 2015 SUBJECT: Dominium Senior Apartments Sketch Plan Review (Cedar Avenue and 140 Street) Kathy, MEMO Public Works The following are comments regarding the Dominium sketch plan submitted October 02, 2015. Please include these items as conditions to approval. General • All work and infrastructure within public easements or right of way shall be to City standards. • No trees will be permitted in public easements. • A pre- construction meeting shall be held prior to beginning any work on the site. Permits • Provide a copy of the executed Minnesota Department of Health, Minnesota Pollution Control Agency, Met Council, Department of Labor and any other required permits prior to construction. • A right of way permit will be required for all work within public easements or right of way. • A Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity commences. Site • Provide additional dimensions on the site plan indicating dimensions to access points, radiuses, drive lane widths, etc... • Indicate location of ADA parking stalls. • Consider additional sidewalk connection along the north side of the north entrance from main entrance of facility to Granite Avenue sidewalk. Grading, Drainage and Erosion Control • Soil borings /testing shall be provided to ensure soil in the area of infiltration features are suitable for infiltration. • Storm water requirements as identified in the Apple Valley Surface Water Management Plan must be met. This includes infiltration, water quality, and rate control. • The retaining walls shown surrounding the east and south boundary of site and along Granite Avenue shall be identified to be privately owned and maintained. The wall appears to be located within a public drainage and utility easement, and shall not be the responsibility of the City of Apple Valley. • A decorative fence may be required along Cedar Avenue (CSAH 23) and along the south property line at the top of the proposed retaining walls should open space include patios and/or walkways for pedestrian usage. • A decorative fence will be required between the sidewalk along Granite Avenue and proposed parking lot retaining wall. • It is recommended the applicant work with the adjacent property owner to the south to incorporate existing retaining walls into the proposed wall layout to avoid multiple tiered wall configurations. • Provide the overall site composite Curve Number (CN) along with the impervious % on the plans and in drainage report. • The NWL, 100-year HWL and EOF should be indicated on plan sheets for storm water pond and infiltration basins. Hydraulic calculations are required for underground perforated pipe system(s). Storm Sewer • Provide storm sewer calculations and detailed drainage report for stormwater requirements. (Rational method and Hydrocad routing). Confirmation of existing storm sewer capacity is required for connection along Cedar Avenue and 140 street. • Proposed underground perforated pipe system(s) shall be privately owned and maintained. • Storm sewer within right of way and public drainage and utility easement for purposes of connection to public infrastructure shall be reinforced concrete pipe and meet all City standards. • CB connection shown to 140 street west shall be rerouted to include treatment of onsite drainage prior to discharge from site. Sanitary Sewer and Water Main • Provide additional drawing showing required hydrant coverage for site. For the east side of building the existing water main and hydrants are located on the NB side of Cedar Avenue, which would not be accessible during fire demands. Indicate location of existing hydrants on 140 and Granite Avenue. • Additional Fire hydrants and access routes shall be provided per the Fire Marshall's recommendation. • All water mains located within right of way and public easements for purposes of connection to public infrastructure shall be ductile iron pipe and meet all City standards. • Provide drainage and utility easements over proposed utilities. • Existing sanitary sewer and water not utilized shall be removed or abandoned and any associated easements vacated along the eastern property line. Landcape and Natural Resources • Provide Tree Inventory & Preservation Plan * A protective buffer zone in accordance with ordinance 152.57 is required (16.5 feet for any stormwater pond) and shall be indicated on the plans. • There can be no disturbances (cut/fill) within the canopy of the existing 24" walnut tree along Granite Avenue. Tree preservation plan should identify the drip line and be marked in the field prior to any construction. • Provide Landscape plan Dominium Senior Apartments Sketch Plan Planning Commission Meeting October 21, 2015 Proposed Actions 1.Rezoning from “M-8C” (Multiple family, 12-24 units/acre) to “PD” (Planned Development). 2.Site Plan Review/Building Permit Authorization for 164 Senior Apartments Location Comprehensive Plan Zoning Map Oblique Aerial Photo SITE N Contours Sketch Site Plan Sketch Grading Plan Sketch Utility Plan Sketch Elevations Issues 1.Site has significant topography from southeast to west. 2.Site has many trees which are primarily elm and boxelder. 3.Entire site will be graded in order to construct building –except preserved black walnut. 4.Petitioner requesting rezoning to PD –What is the public benefit? 5.Compatibility of this development with surrounding developments. Recommended Action No official action required for sketch plan. • Owner wishes to introduce the project and • receive feedback. Recommended that Planning Commission • not state specifically whether or not they would approve or deny the request, but rather to identify specific zoning questions or issues they might have with the proposed project.