HomeMy WebLinkAbout12/07/2016•••
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City of Apple
VaValley
Meeting Location: Municipal Center
7100 147th Street West
Apple Valley, Minnesota 55124
DECEMBER 7, 2016
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. CONSENT ITEMS
A. Approve minutes of November 2, 2016
B. Approve 13608 Gossamer Way Front Yard Setback Variance
C. Approve 2017 Planning Commission Calendar
4. PUBLIC HEARINGS
A. Palomino Highlands Replat — Public hearing to consider the subdivision by preliminary plat
to adjust the common rear lot lines of three existing lots. (PC16-43-SF)
LOCATION: 100 and 102 Belmont Road, and 12980 Hershey Way
PETITIONER: Timothy and Carolyn Ellison, Lee and Gretchen Gilbertson, Robert Parkhill and
Dennice Briol
B. Qdoba Restaurant C.U.P. —Public hearing to consider conditional use permit and variance for
a Class II restaurant in a 4,567 sq. ft. multi -tenant retail building. (PC16-38-CVB)
LOCATION: 7525 147th Street West
PETITIONER: 7525 Cedar, LLC.
C. Cobblestone Lake Medical Center —Public hearing to consider the subdivision of an existing
1.97 -acre lot into two lots and site plan review building permit authorization to allow for
construction of a 10,000 -sq. ft. medical office building on a 1.45 -acre lot. (PC16-42-SB)
LOCATION: 15875 Emperor Avenue
PETITIONER: Stanley Lynn, LLC
5. LAND USE/ACTION ITEMS
--NONE--
6. OTHER BUSINESS
A. Times Square Sketch Plan — Review potential construction of two separate retail structures
totaling 10,400 sq. ft. with two drive-thru lanes.
B. Review of upcoming schedule and other updates.
7. ADJOURNMENT
NEXT PLANNING COMMISSION MEETINGS
Wednesday, December 21, 2016
Regular Scheduled Meeting
- Public hearing applications due by 9:00 a.m. on Wednesday, November 23, 2016
- Site plan, variance applications due by 9:00 a.m. on Monday, December 12, 2016
Wednesday, January 4, 2017
Regular Scheduled Meeting
- Public hearing applications due by 9:00 a.m. on Wednesday, December 7, 2016
- Site plan, variance applications due by 9:00 a.m. on Wednesday, December 21, 2016
NEXT CITY COUNCIL MEETINGS
Thursday, December 8, 2016
Informal
Regular Scheduled Meeting
Thursday, December 22, 2016
Regular Scheduled Meeting
7:00 P.M.
7:00 P.M.
5:30 P.M.
7:00 P.M.
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.
CITY OF APPLE VALLEY
PLANNING COMMISSION MINUTES
NOVEMBER 2, 2016
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at
7:01 p.m.
Members Present: Tom Melander, Ken Alwin, Tim Burke, Keith Diekmann and Paul Scanlan
Members Absent: David Schindler
Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist,
City Planner Tom Lovelace, Planner Kathy Bodmer, Planner/Economic
Development Specialist Alex Sharpe, City Engineer Brandon Anderson and
Department Assistant Joan Murphy
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the agenda. Hearing none he called for a
motion.
MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the
agenda. Ayes - 5 - Nays - 0.
3. CONSENT ITEMS
MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, approving the
minutes of the meeting of October 19, 2016. Ayes - 5 - Nays - 0.
MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, recommending
approval for model home permit with a six -space surface parking lot on Lots 6 and 7,
Block 2, Embry Place Second Addition. Ayes - 5 - Nays - 0.
4. PUBLIC HEARINGS
A. Christ Church Communications Tower — Public hearing to consider a request for a
conditional use permit amendment to allow for an 87 -foot tall cell tower. (PC16-40-C)
LOCATION: Christ Church, 12925 Johnny Cake Ridge Road
PETITIONER: Verizon Wireless and Christ Church
Chair Melander opened the public hearing at 7:03 p.m.
Planner/Economic Development Specialist Alex Sharpe reported that Verizon Wireless has applied
for a Conditional Use Permit Amendment for an 87 -foot tall Wireless Communication Tower at
12925 Johnny Cake Ridge Road (Christ Church).
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 2, 2016
Page 2 of 7
Verizon Wireless has applied to amend the Conditional Use Permit (CUP) for a Wireless
Communication Tower (cell tower). In 2010 Clearwire wireless applied for, and was approved for a
90' tower on the eastern portion of the lot. The property is zoned "P" Institutional, which
conditionally permits cell towers.
The location of the approved CUP is on the eastern portion of the lot, and was incorporated into a
parking lot light pole. The proposed location is on the western portion of the property, behind the
church building. The tower is incorporating stealth technologies, allowing for a sleeker and less
visually impacting appearance.
Commissioner Alwin inquired as to what the color of the tower could be.
Mr. Sharpe answered that the color could be changed but the standard color is grey and it could
blend in with most backgrounds.
Rob Viera, Buell Consulting, commented that the color could be dark brown to blend into the
woods or could be a light blue or even yellow.
Chair Melander inquired for clarification that Verizon does not just build a tower because they want
to spend the money to build it and that there is a need for this.
Mr. Viera confirmed that there is a need for it.
Commissioner Diekmann asked if the tower would only be used for Verizon.
Mr. Viera answered that it could be used by other carriers too.
Commissioner Scanlan inquired if the location near the church rather the tree line would be better.
Mr. Viera answered that it is disguised pretty well behind the church. Shelter is there at the base.
Commissioner Scanlan commented that back in 2010 when another cell tower was reviewed and
inquired if there was another cell tower fairly close to this.
Mr. Viera answered yes, in Hagenmeister Park but Verizon cannot get the height they need on that
one for their signal to co -locate.
Commissioner Burke inquired if they ever thought about putting the mechanical below ground.
Mr. Viera said they would get water in there and with the freeze -thaw cycle it is needed to be above
ground.
Chair Melander asked if there was any thought of putting the tower inside a structure like the
steeple cross in a Burnsville church.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 2, 2016
Page 3 of 7
Mr. Viera answered that would be more sleek but feels it stands out even more.
Chair Melander commented that with a light blue color it would blend in even more.
Mr. Sharpe stated that a steeple cross would count as signage unless connected with the building
and would change the dynamics.
Commissioner Scanlan asked staff about color preference.
Mr. Sharpe answered that from a staff perspective he did not have a preference but would like to see
what it would look like to back yards and if there were residents here that would have a preference.
Chair Melander closed the public hearing at 7:16 p.m.
B. Mount Olivet Church Communications Tower — Public hearing to consider a request for a
conditional use permit amendment to construct an 84 -foot cell tower. (PC16-39-C)
LOCATION: Mount Olivet Church, 14201 Cedar Avenue
PETITIONER: Verizon Wireless and Mount Olivet Church
Chair Melander opened the public hearing at 7:17 p.m.
Planner Kathy Bodmer stated Verizon Wireless and Mount Olivet Assembly of God Church request
consideration of a conditional use permit to construct an 84 -foot tall wireless communications tower
(cell tower) west of the youth building at 14201 Cedar Avenue. The tower is requested in order to
improve network capacity and improve coverage along Cedar Avenue. The construction of the cell
tower will include construction of an equipment platform and a generator. The tower and
equipment will be located within a 21.5' x 25' area with an 8' tall cedar fence around the perimeter.
The property is zoned "P" (Institutional) which allows a cell tower by conditional use permit,
subject to a number of performance standards. In order to obtain a conditional use permit, the
petitioner must demonstrate that all of the performance standards of the zoning code are met.
Verizon Wireless provided a letter that elaborates on why this site was selected. The zoning code
requires co -location on existing towers within the 1/2 mile area. The only available existing tower is
located at Apple Valley High School. According to the letter, the antenna centerline height and
terrain of the area would not meet Verizon's offload or coverage needs.
Commissioner Alwin asked if there were any concerns of impervious surface with the TCF bank
going in.
Ms. Bodmer answered that it was not something they reviewed yet in detail and said the surface
area where there is not equipment is actually crushed gravel and that it would be permeable.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 2, 2016
Page 4 of 7
Commissioner Scanlan asked about the position they have it shown on the island and if there was
another location that was more centrally located to screen it better.
Ms. Bodmer answered that is not something they looked at yet in detail. There is a quite mature
tree east of the site and staff is hopeful that could remain and provide good screening from Cedar
Avenue. She added there is a line of landscaping behind the parking lot and then there is quite a dip
in elevation. She believes there is quite a bit of opportunity for additional screening west of the site
that would help to screen the area over time and staff could explore.
Commissioner Scanlan asked about the tower at Apple Valley High School that was too short and if
that was a Verizon tower or a competing carrier.
Mr. Viera answered that it was a competing carrier.
Commissioner Scanlan inquired about the site selection especially with the commercial area that is
just south of the church.
Ms. Bodmer reported that some of the taller office buildings in the City are a location for cell
towers but are outside of that 1/2 mile search area.
Commissioner Burke inquired about other towers and how close they were to residential houses.
Ms. Bodmer said there was a tower at the City's Central Maintenance Facility by Cedar Isles
Estates neighborhood and staff could do a search for others.
Chair Melander said both locations are churches and a source of income for the parishes. He
understands that it is part of Mr. Viera's job to search thoroughly for sites.
Ms. Bodmer said yes.
Commissioner Scanlan asked about the site selection and if there was any reason Verizon could not
bring in another tower at the high school location.
Ms. Bodmer answered that the issue is with the available height of that tower.
Commissioner Scanlan asked with the limitations of the existing tower could Verizon bring in a
separate tower.
Ms. Bodmer said staff would have to look at that. The City does not have any provision in the
zoning code for separation or minimum number of towers, but for the neighbors of that area it might
be kind of a burden for them to have another tower nearby. It is something that could be explored.
Chair Melander commented that the water towers are covered with cell towers and that they cover
those areas.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 2, 2016.
Page 5 of 7
Ms. Bodmer added that the coverage they are trying to get to is the traffic on Cedar Avenue.
Mr. Viera stated that typically he is given a search radius to find a location but this time he was
given a particular property. Verizon wanted the church because of the elevation and it was close to
commercial, north and south along Cedar Avenue. There is so much demand along Cedar Avenue
now that Verizon has to have this location. Typically he searches for a site but this time was given
the location to pursue.
Commissioner Scanlan asked what other options are available south in the commercial area versus
the residential area where the church is and understands that this is the ideal optimum spot that
Verizon wants to put the tower. What other options do we have available here. He would like
Verizon to come with and provide additional leeway. He said he would like to look at some other
options too to see that the City is covering their bases.
Mr. Viera answered that this location was where Verizon wanted it. The high school property was
too far to the west by at least 1/4 mile.
Janet Malz, 14242 Glencove Trail, commented this will be an unsightly tower and is opposed to the
construction of it. It would greet visitors to the community along Cedar Avenue. It would lower
property values of the homes near it. She would like Verizon and the City to consider other non-
residential areas for the location. She started an on-line petition. She contacted Verizon. She
added that Apple Valley is a pleasant place to live, understands the need for cell towers and does
not think they should be in residential neighborhoods.
Chair Melander closed the public hearing at 7:35 p.m.
C. 7525 147th Street Building — Public hearing to consider a conditional use permit to allow
for a drive-thru window in conjunction of with a proposed coffee shop and site plan/building
permit authorization to allow for a 4,567 sq. ft. building. (PC16-38-CVB)
LOCATION: 7525 147th Street West
PETITIONER: 7525 Cedar, LLC
Chair Melander opened the public hearing at 7:36 p.m.
City Planner Tom Lovelace stated the applicant is requesting approvals of a conditional use permit,
site plan/building permit authorization and several building and parking setback variances to allow
for construction of a 4,567 -sq. ft. building, 48 surface parking spaces, and drive-through window for
a coffee shop. The site is located at 7525 147th Street West, the current location of a vacant motor
fuel/convenience store.
He reviewed the site plan, traffic flow, sidewalk connections and required setback variances. He
also reviewed the landscaping, grading and utility plans. All mechanical equipment shall be
screened in accordance with City code requirements. Final grading and erosion control plans, and
specifications shall be submitted for approval by the City Engineer prior to issuance of a Natural
Resources Management Permit.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 2, 2016
Page 6 of 7
Commissioner Scanlan inquired about the trash enclosure and noted it had previously been set to the
west corner versus being in the center and if there was any concern for that.
Mr. Lovelace answered it should not be of concern and that it would be located in the center in the
back and would be constructed of the same material as the structure itself. He did not see an issue
related to that and thought additional landscaping in the back could be added to soften the look.
Commissioner Scanlan asked about the parking numbers.
Mr. Lovelace said parking calculations would have to meet expectations with the seats inside the
restaurant. He also noted that there was outdoor seating provided at this location for the restaurant
to the south and decorative fencing is shown there. Staff would want to be sure the decorative
fencing would be providing that kind of barrier between the drive aisle and the outdoor seating area.
He added they also show some seating in front of the coffee shop.
Commissioner Diekmann asked about the concrete space in front of the coffee shop only being 5
feet and that it was mentioned early that 4 feet with 1.5 foot overhang is not enough to make it a
usable walkway and that with seating it is not a usable walkway either.
Mr. Lovelace agreed that could be the case so staff would have to look at that.
Commissioner Burke inquired if it would be reasonable to have the same hours as the drive-thru on
the west side of Cedar Avenue as the east side of Cedar Avenue (Caribou).
Mr. Lovelace answered that he could review those hours.
Sheldon Berg, DJR Architecture, stated he worked with Paul Graffunder, the seller of the property
with a program and some uses for the space. Things changed, they had to make some adjustments
and had to find additional tenants.
Commissioner Diekmann asked why the existing pylon sign would remain and if it would be altered
at all.
Mr. Berg answered that the tenants would like the sign to remain and have a little visibility for the
site. They would adjust the sign to just be two panels for the two tenants. Comparing the total
amount of the signage that is there now may be reduced a little bit going forward.
Commissioner Diekmann asked if this was going to be a new sign on the same pole.
Mr. Berg answered yes, there would be new cabinets but on the same pole.
Chair Melander commented that even since this is a smaller building it is a tougher fit for the site.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
November 2, 2016
Page 7 of 7
Mr. Berg said he did not think so based on the length and width. The north and south sides were
reduced to accommodate the drive-thru. They also added additional landscaping on the east side
and will work with City staff to add some more as well as buffering on the north.
Chair Melander asked if there would be room for the sidewalk issue talked about earlier.
Mr. Berg answered he thinks they could work that out.
Chair Melander closed the public hearing at 8:02 p.m.
5. LAND USE/ACTION ITEMS
--NONE--
6. OTHER BUSINESS
A. Review of upcoming schedule and other updates.
Community Development Director Bruce Nordquist stated that the next Planning Commission
meeting would take place on December 7, 2016, at 7:00 p.m.
7. 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 8:04 p.m. Ayes - 5 - Nays - 0.
Respectfully Submitted,
Joa Murphy, Planning De artment ssistant
f3(.
Approved by the Apple Valley Planning Commission
on
Tom Melander, Chair
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City of Apple
Valley
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
3B
December 7, 2016
Consent Items
PROJECT NAME:
13608 Gossamer Way Front Setback Variance
PROJECT DESCRIPTION
Dream Homes Inc. has requested consideration of a 10 foot front yard setback variance to allow a
home to be constructed with a 20 foot setback from the front property line.
STAFF CONTACT:
Alex Sharpe, Planning and Econ Dev Spec.
DEPARTMENT/DIVISION:
Community Development Department
APPLICANT:
Dream Homes Inc.
PROJECT NUMBER:
PC16-44-V
APPLICATION DATE
60 DAYS:
120 DAYS:
11/21/16
1/20/17
3/21/17
Proposed Action
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.
Staff recommends approval of the variance with the following motion:
• Recommend approval of a 10 foot variance to the required front yard setback to allow a home
to be constructed with a 20 foot setback from the front property line, subject to compliance with
all City Codes, based on the following practical difficulties with conditions.
Practical Difficulties
1. The lot has a steep grad from east to west, with nearly 20 feet in elevation change. The steep grade of
the lot would require a large retaining wall at the rear of the home. This retaining wall will prevent use
of the rear yard, and potentially create a safety risk due to its height.
2. The rear yard cannot be regraded due to a storm water retention pond and a conservation easement on
the lot preventing any grading or elevation changes.
3. The southeast corner of the home would face structural issues without a variance as the retaining wall
would be within 2 feet of the foundation of the home. Construction of any home would require a
retaining wall of at least 9 feet in height.
Conditions of approval
1. A building permit is required prior to any construction.
Project Summary/Issues
Keleab Girma, on behalf of Dream Homes Inc., has applied for a 10 foot variance to the front yard setback.
The property was platted as part of Valley Oaks Estates, but has gone tax forfeit. Dream Homes has purchased
the property with the intent of constructing a single family home. The lot was not previously graded and has
steep slopes to the east/rear of the lot, limiting the rear yard. A conservation easement was established as part
of the Valley Oak Estates plat, further limiting any grading which can occur in the rear yard.
The applicant is seeking a 10' variance to the front yard setback to allow the home to have a rear yard, limit
the height of the require retaining wall, and prevent disturbance of the conservation easement. Without the
variance the retaining wall will be within two feet of the foundation of the home. As proposed the retaining
wall is 9' in height. If a variance is not granted the retaining wall height would increase to approximately 15'
and remove all rear yard to the property.
Several other properties were granted 10' front yard setback variances as part of the Valley Oaks Estates plat,
however, all of these properties are across the street. The intent of these variances were to retain old growth
trees that are in the rear yard. In the case of this lot the property is difficult to develop without a variance. Due
to the other variances being granted a 10' setback will not alter the essential character of the neighborhood, nor
will this home stand out as being too close to the front property line.
Definition of "Practical difficulties":
• 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.
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 properly is unique in that it was constructed prior to the establishment of the zoning ordinance. The house
is setback 6' 10" where 10' are required, had the home been compliant there would not be a need for the
variance.
1. The granting of the proposed variance will not be contrary to the intent of this chapter;
The granting of this variance will not be contrary to the intent of this chapter. The property
owner intends to use the property in a reasonable manner which is not permitted by the
zoning code.
2. The special conditions or circumstances do not result from the actions of the
owner/applicant; and
The conditions of this lot were not created by the property owner and existed prior to their
ownership. No part of the request involves economic considerations and the variance, if
granted will not alter the essential character of the surrounding neighborhood.
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 property has a steep grade which makes adhering to the zoning ordinance potentially
unsafe and removes use of the property extensively.
3. The variance requested is the minimum variance necessary to alleviate the practical difficulty.
A 10 foot setback allows for the best site design and home placement. Any variance less than
10 feet does not alleviate the practical difficulty as adequately.
Budget Impact
N/A
Attachment(s)
1. Site Survey
2. Plat
3. Area Map
4. Zoning Map
13608 Gossamer Way Front Yard Setback Variance
PROJECT REVIEW
Existing
Conditions
Property Location:
13608 Gossamer Way
Legal Description:
Lot 1, Block 2, Valley Oaks Estates
Comprehensive Plan
Designation
LD- low Density Residential 2-6 units per acre
Zoning
Classification
R-3, Single Family Residential
Existing Platting
Platted
Current Land Use
Single Family Horne
Size:
15,186 sq. ft.
Topography:
Steep Slope
Existing Vegetation
Turf
Other Significant
Natural Features
N/A
Adjacent
Properties/Land
Uses
NORTH
Comprehensive Plan
LD -Low Density Residential (0-6 units/acre)
Zoning/Land Use
R-3 Single Family 11,000 s.f.
SOUTH
Comprehensive Plan
LD -Low Density Residential (0-6 units/acre)
Zoning/Land Use
R-3 Single Family 11,000 s.f.
EAST
Comprehensive Plan
LD -Low Density Residential (0-6 units/acre)
Zoning/Land Use
R-3 Single Family 11,000 s.f.
WEST
Comprehensive Plan
LD -Low Density Residential (0-6 units/acre)
Zoning/Land Use
R-3 Single Family 11,000 s.f.
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APPLE VALLEY PLANNING COMMISSION
2017 MEETING CALENDAR AND APPLICATION DEADLINES
Meetings are held on the first and third Wednesdays of each month
at 7:00 p.m. at the Apple Valley Municipal Center, 7100 -147th Street West
APPLICATION DEADLINE
for Public Hearings: Rezonings,
Subdivisions, Preliminary Plats,
Conditional Use Permits, Comp
Plan Amendments, Interim Use
Permits
Wednesday, 9:00 a.m.
December 7, 2016
December 21, 2016
January 4, 2017
January 18, 2017
February 1, 2017
February 15, 2017
March 8, 2017
March 22, 2017
April 5, 2017
April 19, 2017
May 10, 2017
May 24, 2017
June 21, 2017
July 5,2017
July 19, 2017
August 9, 2017
August 23, 2017
September 6, 2017
September 20, 2017
October 4, 2017
November 8, 2017
November 22, 2017
* Odd date due to Holiday occurrence.
** Only one meeting this month.
s:\planning\private\plancomm\calendars\2017 final.doc
APPLICATION DEADLINE
for Site Plan Reviews,
Variances, Sketch Plans, etc.
Wednesday, 9:00 a.m.
December 21, 2016
January 4, 2017
January 18, 2017
February 1, 2017
February 15, 2017
March 1, 2017
March 22, 2017
April 5, 2017
April 19, 2017
May 3, 2017
May 24, 2017
June 7, 2017
July 5, 2017
July 19, 2017
August 2, 2017
August 23, 2017
September 6, 2017
September 20, 2017
October 4, 2017
October 18, 2017
November 22, 2017
December 6, 2017
MEETING DATE
Wednesday, 7:00 p.m.
January 4, 2017
January 18, 2017
February 1, 2017
February 15, 2017
March 1, 2017 Annual Mtg.
March 15, 2017
April 5, 2017
April 19, 2017
May 3, 2017
May 17, 2017
June 7, 2017
June 21, 2017
July 19, 2017**
August 2, 2017
August 16, 2017
September 6, 2017
September 20, 2017
October 4, 2017
October 18, 2017
November 1, 2017**
December 6, 2017
December 20, 2017
City of Apple
Valley
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
4.A.
December 7, 2016
Public Hearing
PROJECT NAME:
Palomino Highlands
PROJECT DESCRIPTION
Consideration of a replat of three existing parcels to adjust a common rear lot line. No new lots
or new development will occur as a result of this replat.
STAFF CONTACT:
Kathy Bodmer, Planner
DEPARTMENT/DIVISION:
Community Development Department
APPLICANT:
Lee and Gretchen Gilbertson
Tim and Carolyn Ellison
Robert Parkhill and Dennice Briol
PROJECT NUMBER:
PC 16 -43 -SF
APPLICATION DATE:
60 DAYS:
120 DAYS:
November 9, 2016
January 7, 2017
March 8, 2017
Proposed Action
Open public hearing, receive comments, close the public hearing. It is the policy of the
Planning Commission to not take action on an item on the night of its public hearing.
However, the requested replat will have minimal impacts to adjacent properties. No new lots and
no development will occur as a result of the subdivision and plat. If the Planning Commission is
ready to take action on this item, the following motion would be recommended:
• Recommend approval of the preliminary plat of Palomino Highlands in accordance with the
preliminary plat dated November 18, 2016, subject to compliance with all City Codes and
the following condition:
o Perimeter drainage and utility easements shall be dedicated on the three properties
as depicted on the draft Final Plat of Palomino Highlands, except that the drainage
and utility easement on the west line of Lot 3, Block 1 (12980 Hershey Way) shall
be increased from 5' to 10' to accommodate an existing public storm sewer.
Project Summary/Issues
Three property owners request consideration of a replat of their properties to allow them to shift
their common rear lot lines. The parcels are located on the north side of Palomino Drive between
Belmont Road and Hershey Way. The Ellisons at 102 Belmont Road have a shed and fence that
are located on the Gilbertson property at 12980 Hershey Way. The replat is requested to shift the
common rear lot line southwest so that the shed and fence are located completely on the Ellison
property. Robert Parkhill and Dennice Briol would also like to adjust their rear lot line to align
with the Ellison property rear lot line. The shifted lot line would increase the size of the Ellison lot
by 3,194 sq. ft. to create a 22,092 sq. ft. lot and increase the size of the Parkhill/Briol lot by 3,690
sq. ft. to create a 26,108 sq. ft. lot. The Gilbertson lot on Hershey Way remains a 3.5 -acre parcel.
No new parcels are created and no new development will occur as a result of this replat.
In connection with the replat, the owners will be requesting the vacation of the existing 10'
drainage and utility easement adjacent to the rear lot lines of Lots 1 and 2, Block 4, Palomino Hills
3rd Addition (Belmont Road parcels) in order to relocate the easements adjacent to the new
property line. The rear yard of Lot 4, Bock 1 The Highlands has a large drainage easement in the
rear yard that provides stormwater ponding and drainage. The City Engineer will need to review
the request to vacate the drainage easement to determine whether vacating the easement would
impact the functioning of the ponding area. At its December 7, 2016, meeting, the City Council
will set a public hearing to evaluate whether the public use of the easement is still needed.
Requests for vacation of easements and right-of-way are reviewed by the City Council.
Budget Impact
N/A
Attachment(s)
1. Engineering Memo
2. Location Map
3. Zoning Map
4. Existing Lot Areas
5. Preliminary Plat
6. Final Plat
7. Easement Vacation Exhibits
PROJECT REVIEW
Existing
Conditions
Property Location
(Legal Description):
12980 Hershey Way (Lot 4, Block 1, THE HIGHLANDS)
102 Belmont Road (Lot 2, Block 4 PALOMINO HILLS 3RD ADDITION)
100 Belmont Road (Lot 1, Block 4 PALOMINO HILLS 3RD ADDITION)
Comprehensive Plan
Designation
LD (Low Density Residential, 2 to 6 units/acre)
Zoning
Classification
R-3 Single Family 11,000 s.f.
Existing Platting
All three lots are platted lots of record.
Current Land Use
Single family residential.
Size:
Address: Existing: Proposed:
12980 Hershey Way 152,381 sq. ft. (3.5 acres)
100 Belmont Road 26,108 sq. ft. (0.6 acres)
102 Belmont Road 22,092 sq. ft. (0.5 acres)
Topography:
Existing Vegetation
Urban landscape — heavily wooded area
Other Significant
Natural Features
N/A
Adjacent
Properties/Land
Uses
NORTH
Belmont Road, Lot 20 Block 3 and Lot 23 Block 2 Palomino Hills 3rd Addn
Comprehensive Plan
LD -Low Density Residential (2-6 units/acre)
Zoning/Land Use
R-3 Single family, 11,000 s.f.
SOUTH
Lot 3, Block 1 The Highlands
Comprehensive Plan
LD -Low Density Residential (2-6 units/acre)
Zoning/Land Use
R-3 Single family, 11,000 s.f.
EAST
Lot 3, Block 1 The Highlands and Palomino Drive
Comprehensive Plan
LD -Low Density Residential (2-6 units/acre)
Zoning/Land Use
R-3 Single family, 11,000 s.f.
WEST
Lot 5, Block 1 The Highlands and Lot 3, Block 4 Palomino Hills 3rd Addition
Comprehensive Plan
LD -Low Density Residential (2-6 units/acre)
Zoning/Land Use
R-3 Single family, 11,000 s.f.
City of Apple II
Valley
MEMO
Public Works Department
TO: Kathy Bodmer, Planner
FROM: Brandon Anderson, City Engineer
DATE: December 1, 2016
SUBJECT: Palomino Highlands Preliminary and Final Plat
Kathy, following is comments on the Palomino Highlands Easement Vacation, Preliminary and
Final Plat documents. Please include these comments as conditions to approval.
General
• Please revise drainage and utility easement along the north property line of Lot 3 Block 1
from 5' to 10' to accommodate existing public storm sewer along property line.
• The modifications to the property lines and drainage and utility easements proposed for lots
1 and 2 of Block 2 do not appear to impact public utilities or drainage.
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Existing Zoning : R-3 SINGLE FAMILY 11,000 SQ.FT
Contact Information:
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EASEMENT VACATION DESCRIPTION:
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Minn. Reg. No.
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city of Apple
Valley
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
4B
December 7, 2016
Public Hearing
PROJECT NAME:
Qdoba Restaurant Conditional Use Permit and Variance Request
PROJECT DESCRIPTION
Request for:
1. A conditional use permit to allow for a Class II restaurant at 7525 147th Street West
2. A variance allow for a Class II restaurant to be located closer than 1,000 feet from an
institutional or residential use.
STAFF CONTACT:
Thomas Lovelace, City Planner
DEPARTMENT/DIVISION:
Community Development Department
APPLICANT:
7525 Cedar, LLC
PROJECT NUMBER:
PC 16 -34 -BV
APPLICATION DATE:
60 DAYS:
120 DAYS:
November 9, 2016
January 7, 2017
March 8, 2017
Proposed Action
Open the public hearing, receive comments and close the public hearing. It is the policy of the
Planning Commission not to act on a public hearing item the night of the public hearing.
Project Summary/Issues
The applicant is requesting the approval of a conditional use permit (CUP) and variance allow for
establishment of a Class II restaurant in a proposed 4,567 -sq. ft. building, located at 7525 147th Street
West. This is the current location of a vacant motor fuel/convenience store. The property is
currently zoned "RB" (Retail Business), which allows for Class II restaurants when located no closer
than 1,000 feet from any residential or institutional use. The property is located approximately 300
feet from the Glazier Avenue Townhomes, a 15 -unit townhome development located at 14641-59
Glazier Avenue; and 550 feet from the Christian Science Society church, located at 14515 Glazier
Avenue.
A Conditional Use Permit (CUP) is requested when a person wishes to use a property for
something that is not generally allowed by the zoning ordinance, but which may, with certain
conditions, be an acceptable and consistent use. The CUP is issued by the City Council who may
impose special performance standards or restrictions on a property to ensure the use is in keeping
with the surrounding properties.
A variance is an exception granted by the City Council from the zoning requirements of a
particular zoning district. Variances may be granted when the applicant for the variance
establishes that there are practical difficulties in complying with the official control. Practical
difficulties are described as:
• The property owner proposes to use the property in a reasonable manner permitted by the
ordinance.
• The owner's plight is due to circumstances unique to the property not created by the
owner.
• The variance will not alter the locality's essential character.
During the past several years the City has approved variances to allow for Class II restaurants to
locate closer than 1,000 feet from a residential or institutional use. In 2013, the City granted a
variance to allow for a Chick-fil-A restaurant, located at 7480 l53rd Street West, to be located
closer than 1,000 feet to a residential use due to the finding that Cedar Avenue and a sound wall
would act as a barrier and mitigate impacts generated from the Class II restaurant on the residential
uses located on the west side of Cedar Avenue.
In 2010, Panda Express, a Class II restaurant located at 7735 150th Street West (CSAH 42)
received a variance from the 1,000 -foot distance requirement due to the finding that CSAH 42 was
a principal arterial road with a 160 -foot right-of-way and a traffic volume of over 30,000 vehicle
trips per day, which will act as a barrier and mitigate impacts generated from the Class II
restaurant on the institutional and residential land uses south of CSAH 42.
Variances from the 1,000 -foot distance requirement were also granted in 1993 for other Class II
restaurants along CSAH 42. They include Bruegger's Bagels, Taco Bell, and Dairy Queen.
Conditions for granting a variance for these restaurants appear to be similar to the before -
mentioned restaurants.
As stated previously, the Qdoba restaurant will be located in a proposed 4,567 -sq. ft. building,
located at 7525 147th Street West. This restaurant will be sharing space with a proposed coffee shop
that will have a drive-through window that will require approval of conditional use permit. The
public hearing for the drive-through land and review of the site plan/building permit authorization
was held at the November 2, 2016, Planning Commission meeting. City staff requested that the
applicant provide traffic forecast information for the proposed building and uses. That traffic
information is currently under review by staff and the City's traffic consultant. Any recommendation
on the proposed conditional use permits, variance and site plan/building permit authorization shall be
made upon completion of the City's review of the development's traffic impacts.
Budget Impact
None
Attachments
Development Plans
QDOBA RESTAU
NT CONDITIONAL USE PE
PROJECT REVIEW
Existing Conditions
IT REQUEST
Property Location:
7525 147th Street West
Legal Description:
Lot 4, Block 3, VALLEY COMMERCIAL PARK 1ST ADDITION,
EXCEPT THE West 40 feet thereof, together with the vacated street adjacent
on the East of said Lot 4, Block 3
Comprehensive Plan
Designation
"C" (Commercial)
Zoning
Classification
"RB" (Retail Business)
Existing Platting
Platted
Current Land Use
Vacant motor fuel station
Size:
.92 gross acres - .06 acres of right-of-way easement area - .13 acres of
easement area = .73 acres net buildable area
Topography:
Flat
Existing Vegetation
Landscaped
Other Significant
Natural Features
None
Adjacent
Properties/Land
Uses
NORTH
Kennedy Transmission Building
Comprehensive
Plan
"C" (Commercial)
Zoning/Land Use
"GB" (General Business)
SOUTH
Bank of America
Comprehensive Plan
"C" (Commercial)
Zoning/Land Use
"RB" (Retail Business)
EAST
Applebee's Restaurant
Comprehensive Plan
"C" (Commercial)
Zoning/Land Use
"PD -290" (Planned Development)
WEST
Cedar View Animal Hospital
Comprehensive Plan
"C" (Commercial)
Zoning/Land Use
"RB" (Retail Business)
Development Project Review
Location Map
Comprehensive Plan: The subject property is currently designated "C" (Commercial). The
commercial designation includes a wide variety of retail, office, and service uses that vary in
intensity and off-site impacts. The City uses the zoning ordinance to regulate the intensity and
characteristics of development based upon land use criteria and performance standards. The
redevelopment proposal is consistent with this designation.
Comprehensive Plan Land Use Map
Zoning: The property is zoned "RB" (Retail Business). Retail business districts are areas, which
are centrally located to serve the need for general retail sales. Multi -tenant retail buildings are a
permitted use within this zoning district. The applicant has indicated that the proposed tenants
will be a Class II restaurant and coffee shop. The "RB" zoning district lists a Class II (Qdoba)
restaurant and drive-through window in conjunction with a Class III (coffee shop) restaurant as
conditional uses.
Zoning Map
Development History: The site is the current location of a vacant 4,734 -sq. ft. motor fuel station
with a convenience store, car wash operation, and two motor vehicle repair bays. On December
12, 2015, the City Council approved site plan/building authorization to allow for construction of a
7,512 -sq. ft. multi -tenant retail building and 50 -space surface parking lot. Also included in that
approval were the granting of building setback variances of 16 feet from Cedar Avenue and 10 feet
from 147th Street West.
On February 25, 2016, the City Council approved the following amendments to the approved
building setback variances:
1. A building setback variance of 16 feet to 17 feet from the required building setback of 50
feet from Cedar Avenue;
2. A building setback variance of 16 feet to 45 feet from the required building setback of 50
feet from Cedar Avenue for the south 5 feet of the east elevation; and
3. A building setback variance of 10 feet to 25 feet from the required building setback of 40
feet from 147th Street West.
Finally, the existing platted lot was combined with 30 feet of vacated right-of-way abutting the
lot's east property and replatted as Lot 1, Block 1, Giselle's Corner. This replat was approved by
the City Council on March 24, 2016, but has not been recorded at Dakota County.
Conditional Use Permit Request: The applicant is requesting approval of a conditional use
permit (CUP) to allow for a Class II restaurant. Approval of a Class II restaurant in the "RB"
zoning district is subject to the requirement that it be located no closer than 1,000 feet from any
residential or institutional use.
The proposed restaurant will be located is located approximately 300 feet from the Glazier Avenue
Townhomes, a 15 -unit townhome development located at 14641-59 Glazier Avenue; and 550 feet
from the Christian Science Society church, located at 14515 Glazier Avenue. Therefore, a
variance from the distance requirement will be needed.
Variance Request: Approval of the proposed CUP shall be contingent upon the approval of a
variance from the requirement that a Class II restaurant be located no closer than 1,000 feet from
any residential or institutional use. As state previously, the proposed restaurant site is located 300
feet from the Glazier Avenue Townhomes and 550 feet from the Christian Science Society church.
Both uses are located on the opposite side of Cedar Avenue, a six -lane principal arterial roadway,
with an annual average daily traffic of 45,500 trips.
Variances shall only be permitted when they are in harmony with the general purpose and intent
of the official control and when the terms of the variance are consistent with the comprehensive
plan. Variances may be granted when the applicant for the variance establishes that there are
practical difficulties in complying with the official control. Practical difficulties are described
as:
• The property owner proposes to use the property in a reasonable manner permitted by the
ordinance.
• The owner's plight is due to circumstances unique to the property not created by the
owner.
• The variance will not alter the locality's essential character.
During the past several years, the City has approved variances to allow for Class II restaurants to
locate closer than 1,000 feet from a residential or institutional use. In 2013, the City granted a
variance to allow for a Chick-fil-A restaurant, located at 7480 153rd Street West, to be located
closer than 1,000 feet to a residential use due. The variance was granted due to the finding that
Cedar Avenue and a sound wall would act as a barrier and mitigate impactsg enerated from the
Class II restaurant on the residential uses located on the west side of Cedar Avenue.
In 2010, Panda Express, a Class II restaurant located at 7735 150th Street West (CSAH 42)
received a variance from the 1,000 -foot distance requirement. The variance was granted due to
the finding that CSAH 42 was a principal arterial road with a 160 -foot right-of-way and a traffic
volume of over 30,000 vehicle trips per day, which will act as a barrier and mitigate impacts
generated from the Class II restaurant on the institutional and residential land uses south of
CSAH 42.
Variances from the 1,000 -foot distance requirement were also granted in 1993 for some other
Class II restaurants along CSAH 42. They include Bruegger's Bagels, Taco Bell, and Dairy
Queen.
Conditions appear to be similar to the before -mentioned restaurants. The physical presence of
Cedar Avenue and the traffic volume will act as a barrier and mitigate impacts that will be
generated from the proposed Class II restaurant.
Public Hearing Comments: Open the public hearing, receive comments and close the public
hearing. It is the policy of the Planning Commission not to act on a public hearing item the night
of the public hearing.
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City of Apple
Valley
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
4C
December 7, 2016
Public Hearing
PROJECT NAME:
Cobblestone Lake Medical Center
PROJECT DESCRIPTION
Request for:
1. The subdivision of an existing 1.96 -acre lot into two lots. Lot 1 would be 1.45 acres
and Lot 2 would be .51 acres.
2. Site plan/building permit authorization to allow for construction of a 10,236 -sq. ft.
single -story office building on Lot 1.
The submitted plans show a proposed 4,200 -sq. ft. building on Lot 2; however, no site
plan/building permit authorization is being requested at this time.
STAFF CONTACT:
Thomas Lovelace, City Planner
DEPARTMENT/DIVISION:
Community Development Department
APPLICANT:
Stanley Lynn, LLC
PROJECT NUMBER:
PC 16 -42 -SB
APPLICATION DATE:
November 8, 2016
60 DAYS:
January 6, 2017
120 DAYS:
March 7, 2017
Proposed Action
Open the public hearing, receive comments and close the public hearing. It is the policy of the
Planning Commission not to act on a public hearing item the night of the public hearing.
Project Summary/Issues
The applicant is proposing to subdivide an existing lot into two for the purpose of constructing a
10,236 -sq. ft. office building on the 1.45 -acre lot. Access to the two lots will be via Emperor
Avenue, a private street located in easements, of which 35 feet of the easement area is located along
the east property line of the two proposed lots. This easement provides direct access to 157th Street
West and indirect access to Cobblestone Lake Parkway, two public streets.
An underground storm water infiltration system will be located in the northeast corner of the site. A
maintenance agreement shall be executed prior to issuance of a building permit to ensure its ongoing
function.
The plan shows 88 parking spaces, of which 68 will be constructed in the first phase. The remaining
20 spaces will be installed at the time of construction of the second building on Lot 2. The minimum
parking requirement for the first building of this size is 68 spaces. The minimum required parking
demand for the second building will be 28 spaces. Construction on both lots, as proposed, will create
result in a shortage of eight parking spaces.
Bituminous curb as a temporary barrier along the south side of the parking lot is not recommended
due to unknown timing of future development. Consider installation of permanent concrete B612
curb as shown on the site plan.
The applicant should show the location of a bike rack on their plans.
No crosswalk from the sidewalk in front of the future building to the proposed building is shown
on the plan. The applicant shall identify a crosswalk on revised plans.
The sidewalk along Emperor Avenue should be extended south to the North Creek Greenway path
located south of the subject property.
The submitted landscape plan generally identifies a wide and diverse variety of plantings.
However, maples represent 30% of the proposed planting schedule. The plan should be revised to
include additional species in a different family.
The City Engineer has reviewed the grading and utility plans and has several comments that are
included in this report. Revisions to those plans per the Engineer's comments should be made
prior to final approval.
Budget Impact
N/A
Attachments
Preliminary Plat
Development Plans
COBBLESTONE LA MEDICAL CENTER
PROJECT REVIEW
Existing Conditions
Property Location: 15875 Emperor Avenue
Legal Description:
Lot 2, Block 1, COBBLESTONE LAKE COMMERCIAL 5TH ADDITION
Comprehensive
Plan Designation
"MIX" (Mixed Use)
Zoning
Classification
"PD-703/zone 6" (Planned Development)
Existing Platting
Platted
Current Land Use
Vacant
Size:
1.96 acres
Topography:
Flat
Existing
Vegetation
Volunteer grasses
Other Significant
Natural Features
None
Adjacent
Properties/Land
Uses
NORTH
Prestige Academy Day Care Facility
Comprehensive Plan
"MIX" (Mixed Use)
Zoning/Land Use
"PD-703/zone 6" (Planned Development)
SOUTH
Vacant
Comprehensive Plan
"HD" (High Density Residential/12+ units
per acre)
Zoning/Land Use
"PD-703/zone 8" (Planned Development)
EAST
Cobblestone Square Senior Apartments
Comprehensive Plan
"MDC" (Mixed Use)
Zoning/Land Use
"PD-703/zone 6" (Planned Development)
WEST
Minnesota Valley Transit Association - 157th Street Station
Park and Ride Facility
Comprehensive Plan
"INS" (Institutional)
Zoning/Land Use
"P" (Institutional)
Development Project Review
Comprehensive Plan: The lot is currently guided "MIX" (Mixed Use). "MIX" areas contain a
mix of retail and service business, office, institutional, medium and higher density residential,
public uses and/or park and recreation uses. The uses may be mixed vertically (in a common
structure) or horizontally (in a common site or area). Among the objectives for "MIX" areas are:
• Organize land use in a compact and walkable environment.
• Set standards for private development and public improvements that produce enduring
quality and enhance the character and identity of Apple Valley.
• Encourage parking strategies that support greater intensity of use.
• Integrate green/open space and trails into "MIX" areas.
• Improve environmental conditions, such as water quality and energy use, through
development incentives.
• Connect "MIX" areas to public facilities, including transit systems, and to the broader
community.
"MIX" designations will be implemented through planned development zoning. The City will
also use design standards and other land use controls to achieve the desired outcomes. At the
present time, the Central Village, Apple Valley Transit Station, former Apple Valley Transit
Station, and a small portion of Cobblestone Lake are designated "MIX".
The proposed use will be consistent with the "MIX" designation by providing another use within
Cobblestone Lake that will serve the neighborhood.
Zoning: The subject property is currently zoned Planned Development No. 703/zone 6, which
allows for a wide variety of retail, restaurants, professional offices, educational tutoring services,
convenience stores, apartments, and continuum of care facilities. The proposed medical office
facility on Lot 1 is permitted and should not have an adverse impact on existing or future uses
within the Cobblestone Lake commercial area. The applicant has not indicated a proposed use for
the building on Lot 2.
Preliminary Plat: The applicant is proposing to replat an existing 1.96—acre lot into two lots. Lot
1 will have an area of 1.45 acres and Lot 2 will be .51 acres. Access to the two lots will be via
Emperor Avenue, a private street located in drainage and utility easements, of which 35 feet of the
easement area is located along the east property line of the two proposed lots. This easement
provides direct access to 157th Street West and indirect access to Cobblestone Lake Parkway, two
public streets.
Ten -foot wide drainage and utility easements exist along the north and south property lines of
current lot of record, as well as a 20 -foot wide drainage and utility easement along the west and a
portion of the south property line. A 35 -foot wide drainage and utility easement is located along
the east property line.
Finally, a 25 -foot wide buffer reserve area is located directly adjacent to the east of the west
property line. The applicant is not requesting the vacation of the any of the existing drainage and
utility easements with this replat.
Site Plan: The site plan indicates the construction of a 10,236 -sq. ft. office building on Lot 1 and a
4,200 -sq. ft. building on Lot 2 that will be constructed later. Access to the site will be from
Emperor Avenue, a private street located along the east side of the property. No direct vehicular
access from Pilot Knob Road is proposed. The west half of the private street is located on subject
property and cross access easements between the abutting property owners have been previously
executed with the developments to the north and east. If necessary, this agreement should be
amended to include the owners of the lots within the Cobblestone Lake Commercial 7th Addition
prior to issuance of a building permit.
The plan shows 88 parking spaces, of which 68 will be constructed in the first phase. The
remaining 20 spaces will be installed at the time of construction of the second building on Lot 2.
Parking requirements for a medical clinic is three parking spaces for each doctor/dentist practicing
on premises at any one time or space for each 150 square feet of gross floor, whichever is greater.
The applicant has not indicated how many doctors and dentists will be practicing at this location.
Therefore, the parking requirement for a building of this size is 68 spaces. The minimum required
parking for a 4,200 future building will be 28 spaces. Construction on both lots, as proposed, will
be short eight parking spaces.
The site plan shows a temporary bituminous curb at the south edge of the parking area that will be
removed at the time of construction of the second building and adjacent parking. Bituminous curb
as a temporary barrier is not recommended due to unknown timing of future development.
Consider installation of permanent concrete B612 curb as shown on the site plan.
The site plan indicates an underground storm water infiltration system that will be located in the
northwest corner of the site. A maintenance agreement shall be executed prior to issuance of a
building permit to ensure its ongoing function.
The planned development ordinance requires that parking lots with fifteen (15) or more parking
spaces shall provide for parking for bicycles near the building entrance and shall not encroach
into the pedestrian walkway. The applicant should show the location of a bike rack on their
plans.
The plans show a trash enclosure between the two buildings along the south side of the property.
All trash enclosures shall be completely enclosed and constructed of the same exterior finish
materials as the principal structure. The plans show the enclosure having the same exterior finish
as the building.
A five-foot wide concrete sidewalk will be installed adjacent to Emperor along the east side of
the property. It will intersect with a sidewalk that will run west in front of the future building
and will extend southward along the west side of the building. No crosswalk from the sidewalk
in front of the future building to the proposed building is shown on the plan. The applicant shall
identify a crosswalk on future plans.
The sidewalk along Emperor Avenue should be extended south to the North Creek Greenway path
located south of the subject property.
The site abuts Pilot Knob Road on the west and a pathway is located along the east side of the
road. The City generally requires pedestrian connections from a site to pathways or sidewalks
directly adjacent to street and roadways. The significant grade change along the west side of the
property prevents such a connection.
A 24 -ft. x 50 -ft. area of bituminous with permanent curb will be constructed on the site at the end
of the end of Emperor Avenue. This will provide vehicles the ability to turnaround at the end of
the private street. This should be included as part of the any existing or new access easement with
all parties having a common interest in the use and maintenance of the private street.
Grading Plan: The site has been graded as part of the sand and gravel mining reclamation of the
site. Therefore, minimal grading to accommodate the proposed building and parking lot will be
needed prior to construction. The City Engineer has reviewed the grading plan and has the
following comments:
1. Final grading plans shall be reviewed and approved by City Engineer.
2. Final Stormwater Management Plan shall be reviewed and approved by City Engineer.
3. The rear drainage swale should be modeled under snowmelt condition due to a concern of
localized flooding of drainage swale. Consider installing drain tile in the rear swale at the
toe of the slope.
4. Include the overall site composite Curve Number (CN) for the development on the
Grading Plan
5. Rock construction entrance is indicated on the proposed plan in the same location of the
proposed infiltration area. This is not recommended due to excessive compaction that
may affect long-term function of infiltration area. Construction access shall only occur at
designated site access.
Elevation Drawings: The elevation drawings indicate an exterior finish that will include a
combination of brick, simulated stone and EIFS. Metal canopies will located on the east and west
elevations. Tower features at the two ends of the east elevation will be covered with a standing
seam metal roof. The exterior materials and design appear to be in conformance with the special
performance standards set forth in the planned development ordinance.
Landscape Plan: The submitted landscape plan generally identifies a wide and diverse variety
of plantings. However, maples represent 30% of the proposed planting schedule. The plan
should be revised to include additional species in a different family.
City code requires that the minimum cost of landscaping materials (live plant material excluding
sod) for commercial projects shall be 21/2% of the estimated building construction cost based on
Means construction data. A detailed planting price list shall be required for verification of the
City's 21/2% landscaping requirement at the time of submission of plans for a building permit.
Availability of Municipal Utilities: The City Engineer has reviewed the utility plans and has the
following comments:
1. Final locations and sizes of storm sewer shall be reviewed with the final construction
plans and a final Stormwater Management Plan shall be reviewed and approved by City
Engineer.
2. The 15" PE storm sewer from "STMH 101" shown connecting to an existing storm sewer
manhole in the southeast corner of the site should be redirected directly east from
"STMH 101" to the existing 18" RCP storm sewer. Installation of a new storm manhole
for the connection will be required.
3. Final locations and sizes of sanitary sewer and water main shall be reviewed with the
final construction plans and approved by City Engineer.
4. Proposed hydrant location should be extended north to the center of the parking island for
concern of access to hydrant due to adjacent parking.
5. Valves as shown in the rear of the building should be moved to be in a more accessible
area for use by Fire and Public Works.
6. The fire and domestic water shall be split outside the future building; each shall have
their own shutoff. Indicate correct size of services on drawing.
7. Include reference to City of Apple Valley standard detail SER -6 for utility connection to
building with sprinkler.
Street Classifications/Accesses/Circulation: The subject property is located adjacent to Pilot
Knob Road, an "A Minor Arterial" with a design capacity of up to 30,000 vehicle trips per day. It
is south of 157th Street West, a collector street with a design capacity of 5,000-15,000 vehicle trips
per day; and west of Cobblestone Lake Parkway, a local street with a design capacity of 3,000-
5,000 vehicle trips per day. No direct access from a public street to the site is proposed.
Two private streets, Emperor Avenue and 158th Street West, will provide direct access to the
property. The private streets are generally centered on property lines of abutting lots. To ensure
unfettered access to each other's section of the road, this configuration requires a cross access
easement and maintenance agreement between all the affected property owners, which has been
executed by the affected property owners along the two private streets. The petitioner will need to
provide the City with documentation that they are a party to the existing "Agreement for
Easements and Use Restrictions" prior to final plat approval.
Pedestrian Access: The planned development ordinance calls for sidewalks into and throughout
commercial areas, between buildings and across parking areas where appropriate. A 5 -foot wide
sidewalk is currently located along the west side of Emperor Avenue, on the properties to the
north, and a 10 -foot wide bituminous pathway has been constructed along the east side of Pilot
Knob Road. The petitioner is proposing to extend the 5 -foot sidewalk across the their property to a
point 88 feet north of the south property line. The sidewalk should be extended south and connect
with the section of north Creek Greenway path located south of the property. This willrovide
t�
pedestrian access via the tunnel under Pilot Knob Road, to Quarry Point Park and the 157 Street
bus facility, located west of Pilot Knob Road.
No pedestrian connection is proposed to the Pilot Knob Road pathway. The grade change from the
property to the pathway will prevent the connection.
Signs: The building elevation plan identifies several 2 -ft. x 12 -ft. sign band areas and the site plan
identifies the location of a pylon sign in the northeast corner of the site. All signage shall conform
to the regulations set forth in the planned development ordinance and Chapter 154 of the city code.
Dakota County Review: Because the proposed subdivision is located adjacent to Pilot Knob
Road, a county road, it is subject to review by the Dakota County Plat Commission. The
Commission on December 12, 2016 will review this project.
Public Hearing Comments: Open the public hearing, receive comments and close the public
hearing. It is the policy of the Planning Commission not to act on a public hearing item the night
of the public hearing.
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city of Apple
Varney
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
6A
December 7, 2016
Other Business
PROJECT NAME:
Times Square Center Retail Sketch Plan
PROJECT DESCRIPTION
Sketch Plan for the construction of two separate retail structures totaling 10,400 sq. ft. with two
drive-thru lanes. This requires the demolition of the eastern portion of the south building where
the former TCF Bank facility was located. Tenants have not been identified as part of this plan,
but would suit the small retail and drive through markets.
STAFF CONTACT:
Alex Sharpe, Planning and Economic Dev. Spec.
DEPARTMENT/DIVISION:
Community Development Department
APPLICANT:
Times Square Center
PROJECT NUMBER:
APPLICATION DATE:
60 DAYS:
120 DAYS:
Proposed Action
• No official action is required. Times Square Center 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
The plan proposes construction of two separate retail structures totaling 10,400 sq. ft. with two
drive-thru lanes. This requires the demolition of the eastern portion of the south building where the
former TCF Bank facility was located. Tenants have not been identified as part of this plan, but
would suit the small retail and drive through markets.
Comprehensive Plan: The property is guided "C" Commercial in the 2030 Comprehensive Plan,
which would allow this type of retail business. A Comprehensive Plan amendment is not expected as
part of this proposal.
Zoning: The property is zoned "RB" Retail Business. The site would likely not require rezoning to
accommodate this potential development.
Subdivision/Plat: Staff will need to evaluate whether a subdivision or a replat would be required to
accommodate this proposal. Currently there are 3 lots on the site totaling approximately 10.09 acres.
Lot lines currently exist through structures, and the south building does not have any parking
contained within the lot. The proposed buildings would cross property lines, and would need
variances for setbacks if the lots lines are not adjusted. There are limited easements with the existing
plats, and additional perimeter easement and utility easement may be required as part of this project.
Site Plan: The site plan shows two retail structures totaling approximately 10,400 sq. ft. Both
structures include drive-thru lanes, which require a conditional use permit, and parking adjacent to
Cedar Ave. The applicant will be required to provide additional details on how the proposed
northern structure would receive deliveries, and store trash/recycling.
Parking: The site plan does not include the number of tenants in each building, the types of uses, or
total seats. To evaluate the required parking, staff will need additional details on the tenants, and
interior floor plans. Currently, the existing south lot does not include any parking and utilizes and the
parking for the entire center which is located on the main Times Square lot to the north.
Elevations: An elevation plan was not submitted with this request. Staff would recommend the
primary entrance of the proposed northern structure face Cedar Ave (eastward). This proposed
structure may also have an entrance on the western elevation, which could create conflicts with
pedestrians and the drive-thru lane.
A discussion item could also be whether general improvements can be made to the front and rear of
the remaining southern Times Square area. There is an opportunity to have the new addition and the
old building utilize the same exterior materials and building style. Currently, trash enclosures do not
exist on the southern site, and are not well regulated or screened in the service alley. The opportunity
to improve the site's appearance as viewed from the new structures, and adjacent properties would
exist with this project.
Viewshed: The construction of a new structure as proposed would impact the existing structures
ability to be seen by southbound traffic on Cedar Ave. Several businesses on the east side of the
existing structure would no longer be able to be seen until a patron entered the site.
A center located drive thru lane dominates the potential viewshed and prevents an opportunity for a
place -making outdoor seating and walking connection to the Cedar Trail and BRT nearby.
Drive-Thru Lanes: As stated, the drive-thru lanes could present conflicts with pedestrians. The
increased traffic and change in use from the drive-through lanes would need to be evaluated to
determine potential traffic conflicts created on Cedar Ave, Glenda Ave, and Granada Drive.
City Code requires stacking for at least 6 vehicles in drive-thru lanes, the site plan currently allows
for 1-3 vehicles in each drive-thru. Vehicle stacking in the drive lane of the parking lot is not
permitted to be utilized to meet stacking requirements.
Pedestrian Connections: The site plan does not provide details on pedestrian connections to the
existing Times Square Center or to Cedar Ave. Staff would seek a site plan which utilizes
pedestrian connection between the buildings, and connects to Cedar Ave in a similar manner that
the existing northern building.
Budget Impact
N/A
Attachment(s)
1. Location Map
2. Zoning Map
3. Oblique Aerial Photo
4. Site Plan
TIMES SQUARE CENTER SKETCH PLAN
PROJECT REVIEW
Existing Conditions
Property Location:
7530 149th Street West
Legal Description:
Lots 1,3, 4, Block 1, Levine subdivision No. 2
Comprehensive Plan
Designation
"C" (Commercial)
Zoning Classification
"RB" (Retail Business).
Existing Platting
Platted.
Current Land Use
Shopping Center
Size:
Topography:
Relatively flat.
Existing Vegetation
Sod.
Other Significant
Natural Features
None identified
Adjacent
Properties/Land Uses
NORTH
Commercial Retail
Comprehensive Plan
"C" (Cornmercial)
Zoning/Land Use
"RB" (Retail Business)
SOUTH
Commercial Retail
Comprehensive Plan
"C" (Commercial)
Zoning/Land Use
"RB" (Retail Business)
EAST
Cedar Ave, Banks, Restaurant, Commercial
Comprehensive Plan
"C" (Commercial)
Zoning/Land Use
PD -290, Commercial and Office
WEST
Commercial Retail
Comprehensive Plan
"C" (Commercial)
Zoning/Land Use
"RB" (Retail Business)
SOUTHSIDE TV POOLS
-3
JONATHAN DR
a
03/19/2015
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