HomeMy WebLinkAbout05/17/2017City of Apple
Valley
Meeting Location: Municipal Center
7100 147th Street West
Apple Valley, Minnesota 55124
MAY 17, 2017
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 April 19, 2017
4. PUBLIC HEARINGS
A. Bigos Kelley Park (Phase III) — Public hearing to consider zoning amendments to PD -739 to
allow for construction a 76 -unit apartment building on the northwest corner of 153rd Street and
Fresco Terrace and a 164 -unit building on the northeast corner of 153rd Street and Fresco Terrace.
(PC17-16-Z)
LOCATION: 153rd Street and Fresco Terrace
PETITIONER: Bigos Management
5. LAND USE/ACTION ITEMS
A. Five Guys Outdoor Dining — Consider site plan review request for outdoor dining area with
three (3) tables and 18 total seats. (PC17-17-B)
LOCATION: 14658 Cedar Ave, Suite G
PETITIONER: B&B of Apple Valley LLC d/b/a Five Guys
6. OTHER BUSINESS
A. 2040 Comprehensive Plan Update
B. Review of upcoming schedule and other updates
7. ADJOURNMENT
NEXT PLANNING COMMISSION MEETINGS
Wednesday, June 7, 2017
Regular Scheduled Meeting
- Public hearing applications due by 9:00 a.m. on Wednesday, May 10, 2017
- Site plan, variance applications due by 9:00 a.m. on Wednesday, May 24, 2017
Wednesday, June 21, 2017
Regular Scheduled Meeting
- Public hearing applications due by 9:00 a.m. on Wednesday, May 24, 2017
- Site plan, variance applications due by 9:00 a.m. on Wednesday, June 7, 2017
NEXT CITY COUNCIL MEETINGS
Thursday, May 25, 2017
Regular Scheduled Meeting
Thursday, June 8, 2017
Informal
Regular Scheduled Meeting
7:00 P.M.
7:00 P.M.
7:00 P.M.
5:30 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
APRIL 19, 2017
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at
7:00 p.m.
Members Present: Tom Melander, Ken Alwin, Jodi Kurtz, Paul Scanlan and David Schindler.
Members Absent: Tim Burke and Keith Diekmann.
Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist,
City Engineer Brandon Anderson, City Planner Tom Lovelace, Planner/Economic
Development Specialist Alex Sharpe 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 Scanlan, approving the
agenda. Ayes - 5 - Nays - 0.
3. CONSENT ITEMS
MOTION: Commissioner Alwin moved, seconded by Commissioner Kurtz, approving the
minutes of the meeting of March 15, 2017. Ayes - 4 - Nays - 0. Abstained — 1
(Schindler)
4. PUBLIC HEARINGS
A. Valleywood Cell Tower Interim Use Permit —Public hearing to consider an interim use
permit to allow for the placement of two 90 -foot tall communication towers to be used for the
temporary placement of antennas. (PC17-12-I)
LOCATION: Valleywood Reservoir 4851 McAndrews Road
PETITIONER: Vinco, Inc. and City of Apple Valley
Chair Melander opened the public hearing at 7:02 p.m.
City Planner Tom Lovelace stated for consideration is a request for an interim use permit to allow
for the temporary placement of two 90 -foot tall cell towers in the general vicinity of the existing
water reservoir at Valleywood golf course, a 140 -acre site located at 4851 McAndrews Road
(CSAH 38). The purpose is to allow for the relocation of existing communication antennas currently
affixed to the reservoir onto the two towers as part of a reservoir -reconditioning project. The
antennas will be reattached to the reservoir after completion of its rehabilitation and the two towers
will be removed.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 19, 2017
Page 2 of 4
An interim use permit (I.U.P.) is defined as a temporary use of property until a particular date, until
the occurrence of a particular event, or until zoning regulations no longer allow it. The City may
issue an I.U.P. if:
• The use is deemed to be temporary in light of the comprehensive guide plan designation for
the property site on which the use is proposed to be located and the use conforms to the zoning
regulations herein;
• The date or event that will terminate the use can be identified with certainty;
• Permission of the use will not impose additional costs on the public if it is necessary for the
public to take the property in the future;
• The user agrees to any conditions that the Council deems appropriate for permission of the
use; and
• The use meets the standards set forth in the zoning regulations herein governing conditional
use permits.
The proposed project will be required to meet all applicable requirements for tower and antenna
design and maintenance set forth in the City zoning code, and all necessary permits shall be
obtained prior to any placement of the towers on the subject property.
It is expected to take a month to erect and attach the antennas to the temporary towers, nine weeks
to refurbish the reservoir, and a month to place the antennas back on to the reservoir and remove the
temporary towers.
Commissioner Alwin asked if the clearance between the temporary tower and the water tower has
sufficient distance to do the work without the temporary poles being in the way.
Mr. Lovelace answered yes and that the project would not hinder the golf course operation.
Commissioner Alwin inquired if the existing insurance related to liability will continue to apply with
the temporary towers.
City Attorney Sharon Hills replied yes.
Chair Melander closed the public hearing at 7:11 p.m.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Alwin, recommending
approval of an Interim Use Permit for two 90 -foot tall temporary cell towers at 4851
McAndrews Road (CSAH 38), subject to the following conditions:
a. The Interim Use Permit shall terminate on May 1, 2018 or 60 days after
completion of the reservoir restoration.
b. The interim use shall be conducted in conformance with the site plan, dated
March 21, 2017.
c. All applicable city permits shall be obtained prior to any construction.
Ayes - 5 - Nays - 0
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 19, 2017
Page 3 of 4
B. Vivo Kitchen IUP for Catering Vehicle Storage – Public hearing to consideration of a
request for an Interim Use Permit (IUP) to allow for the storage/parking a catering vehicle
temporarily on property. (PC17-114)
LOCATION: 15435 Founders Lane
PETITIONER: Vivo Kitchen
Chair Melander opened the public hearing at 7:12 p.m.
Planner/Economic Development Specialist Alex Sharpe stated Vivo Kitchen has applied for an
interim use permit to store a newly constructed 31 -foot mobile kitchen on the restaurant site. To
allow for the tanks the overall length would be 34 feet. The primary use of the vehicle will be for
food preparation at events such as weddings, graduations, and festivals. Vivo is looking for a
permanent location to store the unit, but needs a temporary location until a suitable permanent one
is found. Food will not be prepared or sold in the unit while it is stored on site.
Commissioner Scanlan asked for clarification that this is only a temporary solution until a
permanent location is determined for parking the vehicle.
Mr. Sharpe answered yes and that they would have one year after approval by the City Council.
Mark Zweber, Zweber Sullivan, LLC, owns the building and shares the parking lot with Vivo, said
he does not have a problem with the request.
Chair Melander closed the public hearing at 7:21 p.m.
MOTION: Commissioner Alwin moved, seconded by Commissioner Schindler, recommending
approval of an interim use permit for Vivo Kitchen to store an up to 34 -foot mobile
kitchen at the parking lot adjacent to 15435 Founders Lane, subject to the following
conditions:
1. The Vehicle shall be stored in one of the two locations shown on the site plan.
2. The length of the interim use permit shall be one (1) year from the date of
approval.
3. The vehicle shall not be stored on the site from December 1, 2017 — February 28,
2018.
4. Food preparation, sales, or distribution shall not be permitted at the Vivo and
Shops on Galaxie site outside of a special event where the City as issued a permit.
Ayes - 5 - Nays - 0.
5. LAND USE/ACTION ITEMS
--NONE—
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
April 19, 2017
Page 4 of
6. OTHER BUSINESS
A. 2040 Comprehensive Plan Update
Community Development Director Bruce Nordquist gave an update on the 2040 Comprehensive
Plan Update and provided the website and survey questions that are available for the public to
participate. He shared some of the comments that have already been submitted.
Commissioner Scanlan asked what the avenues available for the public were for transparency and
the community involvement process.
Mr. Nordquist commented that the Community Development Department would keep a list of those
interested in participating when we have pop up meetings and other opportunities for engagement.
B. Review of upcoming schedule and other updates.
Community Development Director Bruce Nordquist stated that the next Planning Commission
meeting would take place Wednesday, May 3, 2017, 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 Schindler moved, seconded by Commissioner Alwin to adjourn the
meeting at 7:33 p.m. Ayes - 5 - Nays - 0.
Respectfully Submitted,
-611&-i/L,
an Murphy, Planning
Approved by the Apple Valley Planning Commission
on
Tom Melander, Chair
city of Apple.
Valley
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
May 17, 2017
Public Hearing
PROJECT NAME:
Bigos Kelley Park (Parkside Village Phase III)
PROJECT DESCRIPTION
Request for amendments to Planned Development No. 739 (Central Village) to allow 76 -unit
apartment building on Block 9, Legacy of Apple Valley North, and a 164 -unit apartment
building on Block 10, Legacy of Apple Valley North.
STAFF CONTACT:
Kathy Bodmer, Planner
DEPARTMENT/DIVISION:
Community Development Department
APPLICANT:
Bigos Management, Inc.
PROJECT NUMBER:
PC17-16-Z
APPLICATION DATE:
60 DAYS:
120 DAYS:
April 19, 2017
June 17, 2017
August 16, 2017
Proposed Action
Open public hearing, receive comments, close public hearing. It is the policy of the Planning
Commission to not take action on an item on the night of its public hearing.
Project Summary/Issues
Introduction: Bigos Management requests amendments to the planned development zoning district,
PD -739, which would allow them to construct a 76 -unit apartment building on Block 9, Legacy of
Apple Valley North, and a 164 -unit apartment building on Block 10, Legacy of Apple Valley North.
The subject properties are located on the northwest and northeast corners of 153rd Street W. and
Fresco Terrace, south of Kelley Park.
The petitioner is requesting consideration of amendments that would allow them to construct an
apartment development with smaller living units but with higher amenity common spaces. The
petitioner states that there is strong market demand for smaller units by young professional
millennials who do not wish to purchase property at this time. Apartments allow for more flexibility
than home ownership. The location is attractive because it abuts Kelley Park and is within walking
distance of grocery stores and general retail stores.
Block 9 (Building A): Block 9 is currently zoned PD -739, Zone 2, which requires buildings with a
mix of multiple family residential, office and one of the following types of uses: retail, professional
offices, general offices, and multiple family residential as part of a building containing commercial
uses. Bigos Management requests that the property be rezoned to Zone 3 which would allow for
multiple family residential without the mixed-use requirement. The petitioner wishes to construct a
76 -unit building which is a density of 60 units/acre; the maximum density permitted in Zone 3 is 48
units/acre. The site plan that has been submitted shows 32 surface parking spaces; 71 parking spaces
are required under the PD.
Block 10 (Building B): Block 10 is currently zoned PD -739, Zone 3, which allows townhouses,
multiple family apartments, condominium and assisted care facilities. The petitioner wishes to
rezone the property to allow for mixed uses, including multiple family residential and an indoor park.
Currently, Zone 2, the mixed use designation, contains no maximum density for multiple family
development. Bigos plans show that a 164 -unit apartment building would be constructed on the site
which is a density of 67 units/acre. The maximum number of stories allowed under Zone 2 is six; the
petitioners wish to construct a 5 -story building. The maximum building height allowed in Zone 3 is
four stories.
The indoor park is a concept plan at this time. A 19,300 sq. ft. indoor park is shown attached to the
Building B (Block 10) building. The vision for the indoor park is similar to the Edinborough Park in
Edina and the Central Park in Woodbury. City staff and the developer have discussed opportunities
for creating an indoor park area adjacent to Kelley Park. The discussions about the park are very
preliminary at this time. Many details including park financing, park construction, park ownership
need to be discussed further. However, the indoor park would count as the mixed-use element in
combination with the residential building.
Budget Impact
N/A
Attachment(s)
1. Engineering Memo
2. Building inspections Memo
3. Location Map
4. Comp Plan Map
5. Zoning Map
6. Oblique Aerial Photo
7. Petitioner Letter
8. Overall Site Plan
9. Building A (Block 9) Site Plan
10. Building A Floor Plans
11. Building B (Block 10) Site Plan
12. Building B Floor Plans
13. Resident Correspondence
Bigos Kelley Park Phase III
PROJECT REVIEW
Existing
Conditions
Property Location:
Northwest corner of 153rd Street and Fresco Terrace and Northeast corner of 153rd Street and
Fresco Terrace.
Legal Description:
Blocks 9 and 10, LEGACY OF APPLE VALLEY NORTH
Comprehensive Plan
Designation
MIX -Mixed Use
Zoning
Classification
PD -739, Zone 2 (Blk 9) and Zone 3 (Blk 10)
Existing Platting
Platted lots.
Current Land Use
Vacant.
Size:
Lot 1, Block 9: 55,610 sf (1.277 acres)
Lot 1, Block 10: 56,916 sf (1.31 acres)
Lot 2, Block 10: 50,311 sf (1.15 acres)
Total Block 10: 107,227 sf (2.462 acres)
Topography:
Flat
Existing Vegetation
Grasses
Other Significant
Natural Features
NA
Adjacent
Properties/Land
Uses
NORTH
Kelley Park
Comprehensive Plan
P -Parks and Open Space
Zoning/Land Use
PD -739
SOUTH
Legacy of Apple Valley, The Seasons of Apple Valley, Legacy Townhomes
Comprehensive Plan
MIX -Mixed Use
Zoning/Land Use
PD -716, Zones 2 and 1
EAST
Orchard Pointe
Comprehensive Plan
MD -Medium Density, 6 to 12 units/acre
Zoning/Land Use
PD -679, Zone 1
WEST
Parkside Village Galante (Under construction)
Comprehensive Plan
MIX -Mixed use
Zoning/Land Use
PD -739, Zone 3
Development
Project Review
Comprehensive Plan: The Comprehensive Plan guides the development of the site for MIX —
Mixed Uses. The lots are located in the Legacy North of Apple Valley subdivision which is part of
the Central Village. The Central Village was envisioned to be an integrated, compact, mixed-use
development adjacent to the City's existing downtown core. By developing the site with smaller
blocks sizes, a one-way coupler street system, higher residential densities and taller mixed-use
retail and office buildings, the area was designed to be an energetic, sustainable and walkable
neighborhood. Development of the Central Village slowed down during the recession, but
development has resumed. The vision for the area has been tempered and refined over time to
respond to the realities of the real estate market.
The petitioner requests that the mixed-use designation be shifted from Block 9 to Block 10, or
removed from both lots so that only multiple family residential development would be required.
The City's vision has been that the site would have some retail, office or other kinds of land uses in
addition to multiple family residential development. The staff recommends that one of the two lots
have a mixed-use designation remaining.
Central Village Plan: The Central Village Plan dated January 19, 2004, provided the vision and
framework for Planned Development Zoning District No. 739. The vision for the development of
the area was the following:
"The Central Village properties present a unique opportunity for Apple Valley because it is a
large "island" of unbuilt property located very close to the major intersection of Highway 42
and Cedar Avenue. The intent of the plan is to manage growth and development of the entire
Downtown Apple Valley by guiding it towards the realization of specific urban design
objectives for the downtown, while demonstrating strategies for mixed-use development. [...]
The `urban village' envisioned in the Comprehensive Plan is to be energetic and sustainable,
and provide for a variety of housing types, neighborhood commercial uses, live/work units and
meaningful green spaces."
Completed Central Village Projects:
Residential
Units
Legacy Square Townhores
Haralson Apartments
The Seasons of Apple Valley (senior continuum of care)
Remington Cove Apartments Phase I
Remington Cove Apartment Phase II (under construction)
Parkside Village Gabella
Parkside Village Galante ( under construction)
Total Residential
Retail
Vivo Restaurant
RE/Max Real Estate
The Shops on Galaxie
36
101
196
572
(229 under construction
14,000
,(11
45,000
Total Office/Retail
Park/Open Space
Kelley Park
Winkler Pond and Trails
Total Park/Open Space
cre
8.28
2
16.5
Zoning: The site is currently zoned "PD -739" which allows for a mix of residential, commercial,
and park uses. The petitioners have presented a plan and are requesting amendments to the zoning
designation to allow for construction of multiple family apartment developments on Block 9 and
Block 10. The buildings contain smaller apartment units, but high amenity community and
gathering spaces are provided in the building. The petitioners state that they currently have higher
demand for the 1 -bedroom units than 2- and 3 -bedroom units in their Parkside Village Gabella
apartment development north of Kelley Park. In fact, there is currently a waiting list with 50
names on it for the 1 -bedroom units at Gabella. The petitioners state that the current market trends
favor smaller apartment living units, but include higher amenity community spaces. Examples of
some of the community spaces proposed include party rooms, community gathering areas, Wi-Fi
cafes, movie rooms, full exercise facilities, and an outdoor community patio area with swimming
pool, grills and yard games.
The petitioners wish to construct a 76 -unit building on Block 9 and a 164 -unit building on Block
10. The following amendments to the PD zoning district are requested:
Summary of Requested Amendments to PD -739:
• Switch mixed-use designation from Block 9 to Block 10
• Allow mixed-use to include multiple family residential and an indoor park
• Increase allowable density on Block 9 from 48 units/acre to 60 units/acre
• Allow a density on Block 10 of up to 67 units acre (no max. density at this time in Zone
2)
• Reduce surface parking requirement from 71 to 32 for Block 9
• Reduce surface parking requirement from 88 to 67 for Block 10
• Allow a 5 -story building on Block 10.
The City's vision for this area has been for a higher density residential development. As the City
transitions from standard suburban development to a suburban -intensive form, challenges are
raised that will need to be evaluated. Currently, the highest density market -rate development is
the Galante apartment development at 46 units/acre which is currently under construction on the
northeast corner of Galaxie Avenue and 153rd Street.
Preliminary Plat: The petitioners only seek revisions to PD -739 at this time. No platting of the
property is requested. When the project moves forward for building permit authorization, a re -
platting of Block 10 to combine the two lots into a single lot or to shift the lot line will likely be
needed.
Site Plan:
Building A (Block 9):
• 76 units on 1.3 -acres
• Access to underground garage from north on Fortino Street.
• Surface parking lot access west from Galante Lane and south from 153rd Street.
• 78 garage parking spaces (76 required) and 32 surface parking spaces (71 required)
provided.
Building B (Block 10):
• 164 units
• Access to underground garage from south off of 153rd Street.
• Access to north surface parking lot from Fortino and from south parking lot from 153rd
Street.
• 173 garage parking spaces (164 required); 67 surface parking spaces (88 surface spaces
required)
• Outdoor swimming pool.
• 19,300 sq. ft. space shown for future indoor park (conceptual at this time).
Floor Plan: Preliminary floor plans have been submitted that show the proposed unit mix in the
two buildings. The petitioner is proposing to construct some smaller units which they state is a
market trend. Studios, 1 -bedroom and 2 -bedroom units are proposed. The smaller units are 434,
457, 501 sq. ft. The smallest apartments in the Gabella apartment building are 700 sq. ft.
The petitioners state that there is market demand for smaller units as long as the apartment building
has higher amenity community spaces. The petitioners note that the units will not require as many
parking spaces as a typical apartment development.
Grading Plan: No building permit authorization is requested at this time. Grading plans will be
reviewed at the time of request for building permit authorization. The site plan indicates that
surface stormwater ponds would be removed for construction of the buildings. The petitioners will
need to address stormwater management.
Elevation Drawings: Staff has requested drawings showing some preliminary massing
information to evaluate potential impacts to Kelley Park and townhome neighborhoods to the east
and southeast. The more specific building exterior design and materials will be reviewed at the
time of request for building permit authorization.
Landscape Plan: No building permit authorization is requested at this time. Landscape plans will
be reviewed at the time of request for building permit authorization.
Availability of Municipal Utilities: No building permit authorization is requested at this time.
Utility plans will be reviewed at the time of request for building permit authorization. The City
Engineer is evaluating whether the utilities that are stubbed into the site are adequately sized for
the proposed developments.
Street Classifications/Accesses/Circulation:
• Foliage Ave (80' ROW) — Minor community collector. No direct access is proposed
from Lot 10 (Building B) to Foliage Ave.
• 153rd Street (64' ROW) — One-way west -bound minor community collector. Both
sites show access from 153rd Street to parking areas on the south sides of the buildings.
Building B proposes driveway access to the underground garage from 153rd Street.
The front of Building B is proposed to be to the south. Residents will be able to learn
over time the best routes to access the south parking lots. However, staff is concerned
that guests will have a more difficult time and may end up traveling the wrong way on
the one-way street.
• Fortino Street (60' ROW) Local access street. Access to the underground garage in
Building A and the north parking lot on Building B.
• Galante Lane (75' ROW) Local access street. One drive access to southern lot
proposed for Building A.
• Fresco Terrace (51' ROW plus planted center median) Local street designed as a
street parkway entrance to Kelley Park. No access to either site proposed.
Pedestrian Access: The primary focus of the central village to create a pedestrian -oriented
neighborhood that can easily be accessed on foot and bicycle. Sidewalk links are shown
throughout the two sites providing access to surrounding streets. The first floor apartment units are
planned to be walk-up units similar to what was constructed at the Gabella Apartment site and
what is proposed for the Galante site. Walk up units provide a second access for residents to the
street and provide increased pedestrian activity.
Public Safety Issues: None identified at this time. Availability of parking off-site and the
prohibition of overnight parking on public streets will be concerns of the police department. The
fire department will review the plans when the petitioners make application for building permit
authorization.
Recreation Issues: Park dedication for Block 9 is expected to be a cash -in -lieu of land dedication.
If the indoor park concept were to move forward for Block 10, the City would need to determine
park dedication requirements at that time. This will need to be discussed in more detail.
Signs: No sign approvals are given at this time. No signs may be installed prior to the issuance of
a permit. A separate sign permit must be obtained prior to the installation of any signs on the site
or the building.
Public Hearing Comments: To be taken.
CITY OF Apple„
Valley
MEMO
Public Works
TO: Kathy Bodmer, City Planner
FROM: Brandon S. Anderson, PE, City Engineer
DATE: May 12, 2017
SUBJECT: Bigos Kelley Park - Phase 3 Zoning Amendments to PD -739 Review per
preliminary plans dated April 18, 2017.
General
1. An Encroachment agreement will be required for all decks, patios, sidewalks, etc. located
within drainage and utility easements.
2. Vacation of drainage and utility easements over existing storm water facilities and water
main will need to occur with final plat. Additional drainage and utility easements may be
required for public infrastructure relocations.
3. A public improvement project is anticipated with this project for the relocation of water
main and storm sewer.
Site & Traffic
1. The main entrance to Building B is located off 153rd street which is operates as a one-way
(Westbound). Entering the site at the main entrance will be problematic if coming from
the west. This entrance location will likely encourage illegal U-turns at Foliage and
153
2. Provide Traffic Impact study. The analysis should review the impacts to the following
intersections and include a 2030 analysis:
a. Foliage and 153rd / Founders Lane
b. Foliage and Fortino St
c. Foliage and 152nd
d. Galaxie and 1521d
e. Galaxie and 153rd
f. Galaxie and Founders Lane
rd
Additional detail describing the number of service vehicle types, residents and guests are
required to be included in a Traffic Trip Generation memo by the applicant for internal
circulation review of traffic as well as demands from the proposed indoor park. A
summary of the Trip generation (from ITE Trip Generation Manual — 9th Edition) is
included to show the changes in anticipated daily trips from the 2003 EAW.
3. Show truck movement with Auto turn entering site to ensure emergency and service
vehicle can maneuver directly to front entrance.
4. Include parking analysis for the site as well as available on -street stalls
5. Additional Pedestrian markings and signage on public roadways should be evaluated
further for safe routes to the Public Park and adjacent facilities.
6. Existing curb cuts should be utilized for any new driveway entrances to serve the site.
No additional access points are recommended to Foliage Avenue.
7. Provide a narrative of how the buildings will be constructed and any impacts. The
narrative shall include the following:
a. Shoring and construction of the underground garages.
b. Material Storage.
c. Haul routes to and from the site.
d. Phasing
Grading, Drainage and Erosion Control
8. The City of Apple Valley Storm Water Management Plan shows public infrastructure on
the site (WVR-P440.2 and WVR-P440.3). A mitigation plan for the impacted storm water
basins should be provided. Public drainage contributes to these basins and future
stormwater management would be required to be public infrastructure. Any onsite
stormwater management as well as impacted public infrastructure should be denoted on the
plans.
4. Routing of storm water goes to WVR-P440.1 to the east of Foliage. The NWL, 100 -year
HWL and EOF should be indicated on plan sheets for storm water pond and infiltration
basins. Hydraulic calculations shall be approved by the City Engineer.
9. Final Grading Plans shall be reviewed and approved by City Engineer.
10. Final Stormwater Management Plan shall be reviewed and approved by City Engineer.
Storm Sewer
1 1. Final locations and sizes of Storm Sewer shall be reviewed with the final construction plans
and approved by City Engineer.
12. Provide storm sewer calculations for stormwater requirements. (Rational method including
Hydraulic grade lines).
Sanitary Sewer and Water Main
13. Final locations and sizes of Sanitary Sewer and Water main shall be reviewed with the final
construction plans and approved by City Engineer.
14. 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.
15. 8" water main extending N -S along the eastern side of side will need to be relocated.
16. A water main loop will be required along the north side of 153rd to complete connection
to water main in Galante to meet the anticipated fire and domestic demands.
17. Sanitary sewer services are available from Fortino Street and Galante.
18. Domestic water and Fire service shall be split outside the building and the valves shall be
located 1.5 times the height of the building away from the building or placed in location
readily accessible per SER -6.
Landcape and Natural Resources
1. Provide landscape plan for review by staff.
2. Quantities and locations of trees should be indicated on plan to show diversity of species.
3. Restoration/Landscape plan should indicate required buffers and appropriate seed mixtures
for infiltration area, aquatic bench and upland areas associated with any stormwater basins.
4. Landscape plan should clearly indicate drainage and utility easements and property line.
5. No major tree plantings shall be located over any underground utilities. Clusters of trees
shall be used near or around these areas instead of planting in a row. The Drainage and
Utility Easement will require clearance around the underground utilities, or the
expectation that trees may have to be removed for access when needed.
Legacy North (Parkside Village Phase 3)
ITE Trip Generation Manual - 9th Edition
Current Plan
ITE Land Use and Code
2003 EAW PM In Veh PM Out Veh Daily Trips
Total 304 460 8248
Size/Units PM In Veh PM Out Veh Daily Trips
220
Apartment (Dwelling Units)509
_
570
205
110
3385
820
Shopping Center (1000 Sq. Ft. Gross Leasable Area)
15
27
-
29
641
411
City Parks (Acres)
5.65
11
9
200
2017 Proposal
ITE Land Use and Code
Total
243
148
4226
Size/Units PM In Veh PM Out Veh Daily Trips
220
Apartment (Dwelling Units)
570
230
124
3791
820
Shopping Center (1000 Sq. Ft. Gross Leasable Area)
15
27
29
641
495
Recreational Community Center (1000 Sq. Ft. Gross Floor Area)
19.5
26
27
659
411
City Parks (Acres)
6.1
12
9
210
Total
295
189
5301
Totals
2003 EAW (From Previous Study)
304
460
8248
Current Plan
243
148
4226
Change from 2003 EAW
-61
-312
-4022
2017 Proposed Plan
295
189
5301
Change from 2003 EAW
-9
-271
-2947
Change from Current Plan
52
41
1075
City of Apple,'
Valley
MEMO
Building Inspections
TO: Kathy Bodmer, City Planner
FROM: Pat Devery, Building Inspector
DATE: May 2, 2017
SUBJECT: Bigos Kelley Park (Parkside Phase III)
* Separate sign permits are required.
* SAC determination is required from Met Council prior to permit issuance from the city.
• Submit plans to the Department of Health if food is being served prior to permit issuance
from the city.
* Geotechnical report boring log and Special Inspector Agreement is required prior to permit
and soil corrections on site.
* Trash area is required per MSBC 2015 1303.1500 Subpart 1 requires recycling space in
accordance with Table 1-A on plans issued for permit.
• Platting of property lines must be completed prior to permit issuance.
• Accessible parking must be provided in accordance with MSAC 1106 (scoping).
ZnifTierri :!St-RroW*tt-itainVitigf,
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OBLIQUE AERIAL BLOCKS 9 AND 10
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BIGOS
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April 19, 2017
Ms. Kathy Bodmer
Apple Valley Planning Department
7100 147th St. W.
Apple Valley, MN 55124
Re: Land Use Application Amendment to PUD Ordinance No. 739
Dear Ms. Bodmer:
We are requesting the following changes to the Planned Unit Development Agreement
Ordinance No. 739 and the Planned Development Agreement for Parkside Village:
Lot 1, Block 9 in THE LEGACY OF APPLE VALLEY NORTH (PID 017590009010):
• Change from Zone 2 to Zone 3.
• Increase multi -family residential apartment and condominiums from a maximum
density of 48 units per acre to 60 units per acre.
We believe this site can accommodate these densities because it will act as an extension of
the currently being built Galante building with shared amenities and management.
Lots 1 and 2, Block 10 in THE LEGACY OF APPLE VALLEY NORTH (PIDs 017590010010 &
017590010020):
• Change from Zone 3 to Zone 2.
• Increase multi -family residential apartment and condominiums from a maximum
density of 48 units per acre to 67 units per acre.
We believe this site can accommodate these densities because it would be 5 stories. This
scale is needed to architecturally fit with the hopeful indoor City Park connected to it.
Sincerely,
Luke Hedberg
Bigos Management, Inc.
Enclosed, please find the following:
• Land Use/Development Application Form
o Check for $646.00
• City of Apple Valley Deposit Agreement
o Check for $1,015.00
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Resident Correspondence
May 17, 2017 Planning Commission Meeting
From: [mailto:
Sent: Sunday, April 30, 2017 1:27 PM
To: Murphy, Joan
Subject: Public hearing
City Council,
My family and I live in Apple valley now for over 11 years and have enjoyed every minute of it.
This city offers everything for a very high quality of life and makes it a perfect place to raise a family for
generations.
Today I received the notice about the hearing on May 17th about the proposed building site. To be honest, this
is something that really concerns me and my neighbors.
Over the past few years the city has approved and allowed residential buildings all over town. We, as residents
and parents, have noticed the changes.
First and foremost, schools are feeling the effect of increased housing. Classes sizes are increasing by the year
and not by one or two kids. This year, my son's class have 5 kids more than it should.
Traffic has increased and accidents are on the rise (just check police records). Kids are no longer as save as
they used to be in our streets. Too many distracted drivers as is, why increase the risk?
With the number of houses built in past few years, home values have not gone up and most places are turning
in to rentals and affordable housing that can, and did, bring petty crime all over town.
Our trees and landscape are dwarfing between large buildings and structures, creating narrow streets and a
downtown feel. That is not the reason people want to live here.
I understand progress and the need for capital, but some sacrifices are not worth and on the long run people
will suffer, our system will no longer be sufficient to support the amount of residents. What will we do then?
Pave parks for parking?
I will be attending the meeting along with many of mine neighborhood friends to discuss this option and voice
our concerns and make our objection heard.
From: • [mailto:
Sent: Friday, May 05, 2017 8:56 AM
To: Murphy, Joan
Subject: Planned Development #739
Good morning. Regarding Planned Development #739 - 2 apartment buildings
I have lived on Florist Circle in AV since 2001 and have seen a great many changes in this area over the years. From Home
Depot to more townhomes and apartment buildings to pumpkin patches replaced with a hotel, a park, restaurants and
shops, to luxury apartments across from the park and on and on.
Don't get me wrong, these changes are not all bad, however, they have created an incredible increase in traffic on all the
affected streets in this area.
Now 2 new apartment buildings are already under construction next to Kelley Park, adding an additional 240 (to possibly
double that) vehicles to these streets around here.
Since construction is already underway, I assume it will continue no matter what the community has to say.
I would be interested to know what plans have been made to accommodate the additional people, vehicles and traffic.
Thank you.
Respectfully,
Florist Circle
Apple Valley, MN 55124
952 -
From: [mailto:
Sent: Friday, May 12, 2017 9:57 AM
To: Murphy, Joan
Subject: Planned Development No.739
I cannot attend the proposed meeting on Wednesday, May 17, but do want to voice my concerns.
I have recently purchased a town home on Founders Lane across from the Ecumen center. The reason I did
purchase was because there was no obstructed views and "5 floor buildings" obstructing the park and I felt like I
was more in a "family residential" setting than an Apartment MASSIVE MULTI LEVEL living environment. By
allowing them to put up these huge buildings, not only are you obstructing our view of the park, but you CLOSING
IN THE PARK, by the large apartments. You are adding more people in an already highly congested area. You
are increase the opportunities for crime and you are aesthetically ruining the appealing side of Apple Valley as a
community.
I don't have a problem with a small 1 level retail setting like on Galaxie — to provide some new shops and small
restaurants to the area that will make it more appealing for those townhomes and apartments already there, but
by building and house so many apartments, it will ruin the landscape of the area and take the park away from all
of us homeowners in the townhome areas adjacent.
Why would you do that? Take away the one park we have. Not only that, if you put these huge unit complexes
there, the park will overflowing with people and ruined in no time. I will certainly move.
I don't know how others feel, but I just moved here last August and I will move again based on what the planning
commission is allowing to happen to that land. I feel that land should be kept as a park and expanding that park,
not limiting it to make us a mini NY.
I'm only one voice, but I know others feel the same. You lower our property values considerably with this plan as
well.
One, not happy Apple Valley Citizen.
city of Apple
VaIIey
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
5. A
May 17, 2017
Land Use/Action Items
PROJECT NAME:
Five Guys Outdoor Dining Area
PROJECT DESCRIPTION
Request for Site Plan Review/Building Permit Authorization to place three tables with six seats
each for a total of 18 outdoor seats in front of the Five Guys Restaurant, 14658 Cedar Ave,
Suite G.
STAFF CONTACT:
Kathy Bodmer, Planner
DEPARTMENT/DIVISION:
Community Development Department
APPLICANT:
B&B of Apple Valley LLC d/b/a Five Guys
PROJECT NUMBER:
PC 17-17-B
APPLICATION DATE:
60 DAYS:
120 DAYS:
May 4, 2017
July 2, 2017
August 31, 2017
Proposed Action
• Recommend approval of the Site Plan/Building Permit Authorization for an outdoor dining
area in accordance with the site plan dated May 4, 2017, the floor plan dated May 4, 2017,
and subject to compliance with §155.383, and the following conditions:
o The outdoor dining area shall consist of three tables with six seats each for a total of
18 seats on the sidewalk.
o The outdoor dining area shall be maintained to keep a minimum 6' wide clear
sidewalk area in front of the restaurant for pedestrian circulation.
o The outdoor dining area shall be restricted to the confines of the area delineated on
the site plan and floor plan.
o The outdoor dining area shall be kept in a neat, clean and orderly condition at all
times.
o An Outdoor Dining Area permit shall be obtained from the Building Inspections
Department prior to placing the tables on the sidewalk.
o The site plan for the additional seating in the outdoor dining area shall be submitted
to the Met Council for a sewer availability charge (SAC) determination. A SAC
determination letter shall be submitted at the time of application of the Outdoor
Dining Permit. All SAC fees shall be paid to the City prior to issuing the Outdoor
Dining Permit and placing the tables on the sidewalk.
Project Summary/Issues
Five Guys restaurant at 14658 Cedar Avenue, Suite G, requests Site Plan Review and Approval to
create a 6' x 29' outdoor dining area for three tables with a total of 18 seats. The 6' tables are
placed immediately adjacent to the building, which will maintain a 6' wide sidewalk for pedestrian
circulation around the shopping center. No alcohol is proposed to be served in the outdoor dining
area, which will help to reduce noise impacts to adjacent properties and tenants. Fencing will not
be required for this small outdoor area. One additional parking space would be required for an 18 -
seat outdoor dining area. A parking study confirms that there is adequate parking available on the
site to accommodate the requested outdoor dining area.
Budget Impact
N/A
Attachment(s)
1. Location Map
2. Zoning Map
3. Oblique Aerial Photo
4. Site Plan
5. Floor Plan
6. Zoning Code Excerpt § 155.383
Five Guys Outdoor Dining Area
PROJECT REVIEW
Existing
Conditions
ProDertv Location: 14658 Cedar Ave Suite G
,
Legal Description:
Lot 2, Block 1 CEDAR MARKETPLACE ADDITION
Comprehensive Plan
Designation
C -Commercial
Zoning
Classification
PD -290, Zone 4 (Neighborhood -oriented commercial)
Existing Platting
Platted Lot
Current Land Use
Multi -use retail buildings
Size:
Lot: 4.19 acres w/ two buildings totaling 27,149 sq. ft. Five Guys restaurant 2,402 sq. ft.
Topography:
Flat
Existing Vegetation
Urban landscaping
Other Significant
Natural Features
None
Adjacent
Properties/Land
Uses
NORTH
(Vacant Suite F) Carpet King Suite E
Comprehensive Plan
C -Commercial
Zoning/Land Use
PD -290, Zone 4
SOUTH
Apple Valley Professional Building
Comprehensive Plan
C -Commercial
Zoning/Land Use
PD -290, Zone 1
EAST
Detached Garage for Garrett Square Condominiums
Comprehensive Plan
HD -High Density Residential, 12+ units/acre
Zoning/Land Use
M -8C — Multiple Family, 12 to 24 units/acre
WEST
Applebee's
Comprehensive Plan
C -Commercial
Zoning/Land Use
PD -290, Zone 4
d
I St ga,§ !I gei
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ra
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RETAIL 'A' R
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--Th
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WEST 147TH STREET
OSITE PLAN
SCALE 1 - 40,0.
SITE PLAN
MAY 4, 2017
(4)
1 20 40 80
FLOOR PLAN
MAY 4, 2017
29'
ZONING CODE EXCERPT
OUTDOOR DINING AREAS
§155.383 OUTDOOR DINING AREAS
(A) Purpose. Outdoor dining areas are permitted accessory uses in conjunction with a
Class 1, Class II, or Class III restaurant provided that the following requirements
are met:
(1)
Site Plan Review Required. The use and proposed site plan shall be
reviewed by the Planning Commission and City Council, pursuant to
§ 155.402(B).
(2) Performance Standards.
a) No portion of the outdoor dining area shall be located or occur within
any public right-of-way, including sidewalks/trails, boulevard areas or
streets.
b) No portion of the outdoor dining area shall be located or occur closer
than two feet from any property line.
(c) If the outdoor dining area is proposed to be within a City drainage &
utility easement, then the property owner shall be required to execute a
license agreement prepared by the City Attorney authorizing the use of
the City's easement.
(d) The City Council may restrict days, hours, nature and volume, and
other aspects of entertainment in any outdoor dining area, including a
prohibition against all forms of music, radio, television, and other
entertainment, to protect the safety, repose, and welfare of residents,
businesses and other uses near the establishment.
(e) The outdoor dining area shall be handicap accessible and not restrict
accessibility in other areas inside or outside the restaurant or food
establishment.
(0 If the outdoor dining area is located on a private sidewalk area abutting
the restaurant building or within a parking area for the building, then
the outdoor dining area shall not interfere with any pedestrian or
vehicular traffic on the site. A minimum 5' wide area of sidewalk
shall remain clear for pedestrian travel.
(g) The outdoor dining area shall be subordinate to the principal restaurant
building and shall not exceed 40% in area of the square footage of the
principal restaurant building.
(h) The outdoor dining area shall be kept in a clean and orderly manner.
No food or beverages may be stored outdoors, unless a suitable means
for such storage has been reviewed and approved by the City.
(i) The City Council may restrict the hours of operation of an outdoor
dining area based upon the proximity of the area to residential
dwelling units, and upon considerations relating to the safety, repose,
and welfare of residents, businesses, and other uses near the
establishment.
(j) A fence surrounding an outdoor dining area shall be suitable for the
intended use. If a fence is required, a fencing plan shall be submitted
with the site plan for the outdoor dining area for review and approval
by the City.
(k) The outdoor dining area must conform to all Fire and Building Codes
related to the number and types of exits that are required.
(1) The Planning Commission or City Council may require the
notification of property owners if the outdoor dining area is located
closer than 600 feet from residential properties.
(m)The parking regulations related to minimum required spaces as set
forth in this Chapter shall apply and compliance met.
(n) The maximum impervious surface requirements set forth in this
Chapter shall apply and compliance met.
(s2 A
e
City of ApplValle)/
MEMO
Community Development
TO: Planning Commission Chair and Commissioners
FROM: Bruce Nordquist, AICP, Community Development Director
MEETING
DATE: May 17, 2017
SUBJECT: Follow-up Discussion on Orchard Place/The 2040 Comprehensive Plan Update
As part of the 2040 Comprehensive Plan Update, a presentation was made by
Rockport, LLC, at the end of March, 2017. With this presentation, Pete Fischer and
Liza Robson officially launched Orchard Place, the transformed 400 acre active mining
area. The objective was to provide a historical context, present existing site conditions
and introduce design and land use development ideas. The updated Comprehensive
Plan will convey this information, as well.
Since that time, staff has continued the discussion with Rockport and plans to share
this information at the May 17, 2017, Planning Commission meeting.
An application for TIF resources is being considered (to be known as TIF 18) to
coincide with development applications for 40 acres of commercial property at 157t1
Street and Pilot Knob Road. It is important that the master planning effort also
advances the themes, features and priorities for the 400 acre development using the
initial 40 acres of commercial as a built environment example of more to come. The
effort should be sufficiently advanced to a stage where the City Council and Economic
Development Authority (EDA) will be better able to determine the benefit of the tax
increment investment to take action on the TIF application and initial land uses. This
feedback builds on desirable development images introduced by Rockport LLC, Kimley-
Horn and Architectural Consortium, LLC, for the 40 acres of commercial development.
Staff feedback:
• The retail center represents the next generation of Fischer Marketplace. The
internal street alignment and access points are efficient and building placements
lining the drives reduce large parking lot massing. Are we going far enough?
• For the 40 acres, further discussion about the "squareness" of building
placement on the site is sought. The large boxes facing Pilot Knob offer good
business visibility, however, the possible water and pedestrian bike amenities
are behind the retail center or not maximized along 157th Street to the benefit of
the user in an experiential commercial environment. Are there
northwest/southwest positions to consider for the westerly buildings?
• For the 400 acres, Kimley-Horn has multiple specialties in engineering, planning
and design, placemaking and energy innovation. Very successful developments
in Greenville, South Carolina have sought-after features. Also, Centennial Lakes
development in Edina, a previous active mining area, is notable for its landscape
architecture influence of Kimley-Horn's Tom Harrington. Images from these
locations will be shared. Is there a role here to further define the power of vista's,
water, light and natural stone and building placement and trail connections;
perhaps the next generation of Centennial Lakes with his insight and lessons
learned? (The City has also engaged visionary landscape architects in the past
if a collaboration is warranted and a recommendation sought).
The active mining area is envisioned to be transformed into part of "a multi -billion dollar
strand of pearls on an economic greenway". North to south on the developing Dakota
County North Creek Greenway in Apple Valley, are the connections of: the MN Zoo,
neighborhoods, high schools, Uponor, Abdallah, a master planned Hanson/Menard
property and Orchard Place. From Orchard Place, connections are planned west and
east to the Downtown and Cobblestone Lake along a tree lined boulevard.
Redeveloping the active mining area to become Orchard Place is seen as an integrated
mixed use development of industry, office, hospitality, health services and supporting
retail, higher density housing and recreation. This is exactly the uses listed on the land
use map prepared by Rockport, LLC.
Background
Historical studies and data are the foundational information for a discussion of
development. The 1989 EIS, the 2030 Comprehensive Plan and the recent 2016 AUAR
Update offer insight for a discussion of a design framework and development goals and
priorities for the entire 400 acres:
• The 1989 EIS envisioned housing and commercial and industrial uses for an
area much larger than the remainder being discussed today. The study
emphasized the considerable number of years for these uses to be absorbed by
the marketplace. An emphasis on storm water management was also a priority.
"Lakes" were placed south of County Road 42 in a linear pattern and proposed
from Flagstaff Avenue and across future Johnny Cake Ridge Road, Pilot Knob
Road and Diamond Path. Only Cobblestone Lake would become a reality.
• The 2030 Comprehensive Plan Update was completed in 2009. The land use
designation for the active mining area is predominately "mixed business campus"
(MBC).This use is described as "high quality settings for office campus, office
with light industrial, office with biomedical manufacturing, health care facilities
and training, general office, corporate office and other higher intensity
employment uses". Mixed retail, commercial services and housing are supportive
uses.
• An AUAR was prepared in 2007 and updated in 2016. The land uses consistent
with the EIS, AUAR, Comprehensive Plan and most recently stated in Rockport
LLC's master plan goals map for the 400 acres include: office, hotel, medical,
commercial/retail, industrial, corporate office, supportive office and multi -unit
housing.
On May 25, at 6:00 p.m. the EDA will meet to review and discuss Orchard Place and
the design and development concepts supportive of the request by Rockport LLC for an
estimated $21 million in tax increment financing due to the required soil corrections that
precede development. The parameters for that development should include:
A) Place Making Images
Like the Rockport LLC team working on Orchard Place, staff has assembled the
following images that convey place, appealing design, the power of water, light and
nature stone, and building placement and trails. Possible bridge alternatives at
County Road 42 and within the development are also offered as real world
examples in the assembled images.
• Kimley-Horn, at their website, offers a variety of placemaking, landscape
architecture, redevelopment and land use renderings and photos to describe
desirable built environments and amenities like water features, lighting and trail
and streetscapes. Four sided architecture remains a City priority.
• The City of Greenville, South Carolina also has created a place in their
downtown that demonstrates community, integration of sought after uses,
modern city features and a destination.
Population: 65,245
Median Age: 39.9 years
Number of Households: 28,497
Median Household Annual Income: $41,863
Median Home Value: $215,551
Per Capita Annual Income: $30,374
• The City of Edina, MN, already referred to as the location of Centennial Lakes,
offers a series of images of office, retail, hospitality, vistas, connections and a
destination.
Population: 50,766
Median Age: 44.5 years
Number of Households: 21,831
Median Household Annual Income: $88,300
Median Home Value:
Per Capita Annual Income:
$403,000
$62,600
• Finally, there are renderings and photos of the Bruce Vento Regional Trail
bridge, planned for St. Paul.
• For comparison, Apple Valley has the following demographics:
Population: 50,309
Median Age: 39.2 years
Number of Households: 19,925
Median Household Annual Income: $80,478
Median Home Value: $213,100
Per Capita Annual Income $37,957
B) Place making design elements that are sought
1) It is recommended that storm water ponding today include some linear elements with
secondary treatment ponds. Water amenities should be considered, leveraging the
north to south changing grade.
2) The following economic development strategies for the MBC are recommended:
• A floor -to -area ratio (FAR) of intensity of land development of .5 and .6 for
office; a lessor ratio for retail and industry.
• 2,000 to 3,000 jobs over the 400 acres.
• How can these stated expectations be addressed?
3) The recommended goals consistent with both AUAR's during the last 10 years are:
• 3,321,000 sq. ft. of the referenced uses.
• Built space that accommodates 3,000 jobs.
• How can these stated expectations be addressed?
4) These should be combined with the Rockport LLC stated expectation for the 40
commercial acres of 200,000 square feet of development.
5) It is recommended that a landscape architect with considerable experience in
designing "places" from mining areas be engaged to assist with the 400 acres.
1
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PI. -\('E MARCH 2017
COUNT* ROAD 42
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LEBANON
CEMETERY
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ORCHARD PLACE 1 APPLE VALLEY, MN
LEGEND
Designated Uses in the
2030 Land Use Map
C - Commercial
LD - Low Density Residential
HD - High Density Residential
Proposed Land Uses
-Office, Hotel, Medical,
Commercial
Office, Hotel, Medical
Office, Industrial, Medical
Medical, Corporate Campus,
Industrial
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