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Home My WebLink About02/07/2018••• •••• ••••• •••• ••• Apple ��ey Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 February 7, 2018 PLANNING COMMISSION TENTATIVE AGENDA 7:00 PM 1. Call to Order 2. Approve Agenda 3. Approve Consent Agenda Items Consent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a commissioner or citizen requests to have any item separately considered. It will then be moved to the land use/action items for consideration. A. Approve Minutes of January 17, 2018, Regular Meeting 4. Public Hearings A. Quarry Ponds Fifth and Sixth Additions —Public hearing to consider a rezoning from "SG" (Sand and Gravel) to "PD-975/zone 1" (Planned Development) and subdivision of 15.22 acres into 42 single-family residential lots. 5. Land Use / Action Items A. Consider Amendments to Planned Development Ordinance No. 679 to Allow Illuminated Building Signage on the Side of a Building that Faces an Adjacent Public Street that Abuts Residentially Zoned Property or Directly Abuts Residentially Zoned Property B. Mahon Side Setback Variance at 136 Gardenview Drive - PC 18-02-V Consider a 6' 6" Side Setback Variance for a Window Well Location: 136 Gardenview Drive Petitioner: Michael Tutewuhl Homes Inc. 6. Other Business A. Review of Upcoming Schedule and Other Updates Next Planning Commission Meeting -Wednesday, February 21, 2018 - 7:00 p.m. Next City Council Meeting -Thursday, February 8, 2018 - 7:00 p.m. 7. Adjourn Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the City's website at www.cityofapplevalley.org AppVa��ey ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 3.A. February 7, 2018 Consent Agenda Description: Approve Minutes of January 17, 2018, Regular Meeting Staff Contact: Joan Murphy, Department Assistant Department / Division: Community Development Department ACTION REQUESTED: Approve minutes of regular meeting of January 17, 2018. SUMMARY: The minutes of the last regular Planning Commission meeting are attached for your review and approval. BACKGROUND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. BUDGET IMPACT: N/A ATTACHMENTS: Minutes CITY OF APPLE VALLEY PLANNING COMMISSION MINUTES JANUARY 17, 2018 1. CALL TO ORDER The City of Apple Valley Planning Commission meeting was called to order by Vice -Chair Burke at 7:00 p.m. Members Present: Ken Alwin, Tim Burke, Jodi Kurtz, Paul Scanlan and David Schindler. Members Absent: Tom Melander and Keith Diekmann. Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, City Engineer Brandon Anderson, City Planner Tom Lovelace and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Vice -Chair Burke asked if there were any changes to the agenda. 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 Scanlan, approving the minutes of the meeting of December 6, 2017. Ayes - 4 - Nays - 0. Abstained — 1 (Schindler) MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, recommending approval of a building sign at Nystrom & Associates, 7300 — 147th Street W with conditions. Ayes - 5 - Nays - 0. 4. PUBLIC HEARINGS A. Ordinance amendments to Chapter 155 related to small cell wireless facilities in the City. Vice -Chair Burke opened the public hearing at 7:02 p.m. City Planner Tom Lovelace stated for consideration are proposed amendments to the zoning chapter of the City code. He said on May 30, 2017, Gov. Dayton signed into law a bill amending Minnesota's Telecommunications Right -of -Way Law. This law created a streamlined permitting system for placement of small wireless facilities on city -owned structures in rights-of-way. Under the new law cities have the authority to require that an applicant apply for and receive approval of a conditional use permit if a small cell facility is proposed in right-of-way located in residential areas. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 17, 2018 Page 2 of 9 The proposed zoning amendments would require small wireless communication facilities to obtain a conditional use permit if located within or abutting zoning districts that allow residential uses, similar to what is currently required for wireless communications towers. The proposed amendments to the zoning chapter will coincide with proposed amendments to Chapter 97 of the city code, which regulates excavations and obstructions within the public rights- of-way related to any utility service facility. The public hearing for amendments to Chapter 97 will be conducted by the City Council. Commissioner Scanlan said the street lights in Cobblestone are owned by the various associations in Cobblestone and not the City and asked how that would work. Mr. Lovelace said they are in the right-of-way so they would be part of the right-of-way ordinance and part of the City granting a permit to do right-of-way work but he did not know if they are able to be located on top of a privately owned pole. Attorney Sharon Hills said legislation that came through is addressing exclusively city or government owned structures such as light poles, power poles and that type of thing. Right now they are allowed in the right-of-way. If they are private structures, they are called small wireless structures which could be poles. This regulation only deals with city owned structures. Commissioner Scanlan said he understands that if they would need to come to Cobblestone they would need to contract with the association to allow them to do that. Ms. Hills answered she does not know how the street lights are handled in Cobblestone. She said if they are not City owned then it is not a City issue. She said she was talking strictly placement. Commissioner Alwin referred to the presentation slide of "small wireless facilities design to avoid" and asked for confirmation that the ordinance would preclude the boxes we would try to avoid. Mr. Lovelace answered yes. You would not see the monopole that needs more cabinetry as seen in the past with ground equipment to service that larger pole. Ms. Hills added state legislation restricts the size of equipment in enclosures for small wireless. Vice -Chair Burke closed the public hearing at 7:11 p.m. MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan recommending approval of ordinance amendments regarding small cell wireless facilities in the City with the following conditions: CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 17, 2018 Page 3 of 9 1. Add the definition of a small wireless facility to Section 155.003 (Definitions). 2. Revise Section 155.385 (Towers and Antennas Site Design and Maintenance) to include small cell wireless facilities. 3. Revise Section 155.052 (Conditional Uses) to include small wireless facilities as a conditional use in the One -Family Residential Districts. 4. Revise Section 155.078 (Conditional Uses) to include small wireless facilities as a conditional use in the Multiple -Family Residential District. Ayes -5 -Nays -0. B. Consider amendments to Planned Development Ordinance No. 679 to allow illuminated building signage on the side of a building that faces an adjacent public street that abuts residentially zoned property or directly abuts residentially zoned property. Vice -Chair Burke opened the public hearing at 7:13 p.m. City Planner Tom Lovelace stated for consideration is a request to amend Planned Development Ordinance No. 679 to allow for illuminated building signage on building elevations that is adjacent or abuts residentially zoned property in zone 3 of planned development only. The applicant is Elder Doyle, LLC. This would allow the Foliage Medical Building located at 15160 Foliage Avenue to put illuminated signage on the south and west building elevation. The site abuts AutoZone and Discount Tire to the north, Home Depot to the east, Orchard Point townhomes to the south, and is adjacent to the Gabella Apartments and Abra Auto Body and Glass Repair to the west. The City's sign code currently allows for signage on the side of building that abuts business or industrially zoned property or a public street, except where the side of the building faces an adjacent public street that abuts residentially zoned property. Currently, the building at the before -mentioned property is the only one affected by this sign code regulation. The portion of the west elevation located north of Gabella Street would be allowed illuminated signage. Home Depot is the only other property that abuts residentially zoned property, but it is located in zone 2 of the planned development. That property would not be a beneficiary of the proposed ordinance amendments. The applicant would propose that the following conditions be applied to the amendment: 1. All signs facing west or south must be white. 2. All illuminated signs facing west or south must not exceed 112 nits in intensity. 3. All illuminated signs facing west or south must be turned off during the hours of 10:00 p.m. to 6:00 a.m. The nit is the standard unit of luminance used to describe various sources of light. A higher rating means a brighter display. The City typically uses foot-candles to measure illumination. Staff would CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 17, 2018 Page 4 of 9 like the applicant to provide a comparison between a nit and a foot-candle and how many foot- candles would equal 122 nits. City code states that: In all districts, any lighting used to illuminate an off-street parking area or sign shall be arranged so as to deflect light away from any adjoining residential zone or from the public streets. In residential areas, any light or combination of lights that cast light on any adjacent residential property shall not exceed 1/2 foot candle (meter reading) as measured at the property line. Lighting fixtures for new and renovated outdoor sports and recreational facilities that adjoin residential uses shall be designed to eliminate reflected glare and spill light from the bottom one- third of the reflector, and to shield the view of the arc tube from the residential property. The applicant should present information that the proposed amendments will meet these requirements. The Foliage Medical Building is approximately 300 feet from the Gabella apartments to the west and 400 feet from the nearest Orchard Point townhome. The property where the office building is located approximately 14 feet higher than Foliage Avenue. Information should be provided by the applicant on the impact of sign glare on the adjacent and abutting residential properties based upon the distance and height of those signs. Vice -Chair Burke inquired if nothing is done can they still have lights lighted on the north and east sides. Mr. Lovelace answered yes that they can have lights on the north, east and northern portion of the west elevation and south sides of the building and they are looking for illuminated letters. Vice -Chair Burke asked for clarification that they are asking for white signs on the west side and the south side of the building. Mr. Lovelace answered yes. Commissioner Scanlan referenced the light projection on previous presentations and how it affects surrounding property. He wondered if the applicant could provide that to give a better understanding how light from the signage would project over to the west and south rather than looking at these nit numbers to equate to the travel of the light. Mr. Lovelace said he would contact the applicant to see if they could provide that similar information at a future meeting. Commissioner Alwin asked for confirmation that the lights would be turned off at night and the only issue is rather night starts at 9:00 or 10:00 and ends at 6:00, 7:00 or 8:00 in the morning. Mr. Lovelace answered yes and this is a planned development so we have the ability to make these amendments if we allow for illuminated signs on those sides of the building that are abutting residential property. He added we can certainly set any reasonable conditions and what time those lights can be on. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 17, 2018 Page 5 of 9 Commissioner Alwin asked if the request is for the signs to be on while the businesses are opened during the day and the light modeling would take into account the sun. Mr. Lovelace answered yes and added the request is for the signs to be on from 6:00 a.m. to 10:00 p.m. and he presumes the lights would not be lit on a sunny day. Commissioner Kurtz inquired if the lights were LED lights and if they were they could be brighter than regular lighting. Mr. Lovelace said he would let the applicant answer that and if they were LED that would be why the nit number comes in. Commissioner Schindler asked how many sides of the building can have signs. Mr. Lovelace replied that signs can be on all four sides. You can have prominent signage or if there is one common sign. The Foliage Medical Building can be replicated on all four sides. If you have individual tenants similar to a multi -tenant commercial space, they can have individual signs where their tenant space is. That is what the applicant is looking at to provide space and advertise each tenant in that building. Commissioner Scanlan inquired if this has any monument signage at this point where each one of the businesses would be represented on. Mr. Lovelace answered that right now there are two monument signs on the overall development and then they can add to that monument sign if there is still enough space available. Home Depot controls the majority of both those signs which are along County Road 42. He said there is an opportunity to have a monument sign on the west side of the medical building location and staff could work with the applicant. Commissioner Scanlan added he did not know if that could be an alternative versus having the sides of the building lit up. Mr. Lovelace said the applicant can expand on this but believes what the applicant is trying to address is to get some visibility because he is tucked away in a corner and he would want his visibility along County Road 42 as well. Any business would want that because all the traffic is there and AutoZone and Discount Tire kind of hide that building but he was aware of that when he built in there. There may not be a lot of pass by traffic as you see in other retail businesses. Maybe the illumination is that it registers to the individual and the next time you want to use a service that is offered there you will see it because you will have previously seen the signage as you drove by. He thinks the goal is to create some signage that will maybe be attractive and grasp a person's attention as they are driving, walking or biking along County Road 42 or Foliage Avenue. John Elder, one of the owners of the Foliage Medical Building, addressed the LED lighting and said it is the more modern up-to-date internally illuminated lights versus the neon that were used in the past. So the nits would be the key. They are trying to create something that is a better environment CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 17, 2018 Page 6 of 9 for a medical provider for the tenants in their building but also addressing the residential neighbors. They are trying to create a nicer balance where they will give up color to their signs and use white because it is a softer look. He addressed the south facing light because there was a resident that had a concern for more light being thrown on that south side. He said there is enough light already. What they have there now are non -illuminated lights. They are not internally illuminated but they have light washing up on the building to give it some visibility. He suggested that they would eliminate those lights. He could not answer to the intensity of those lights but he feels individually lettered lights with a soft light could be less light than what they are doing right now using light that washes up on the building. They have a problem with this current design because the lighting creates shadows on the building. They would like to have the lighting from 7:00 a.m. to 9:00 p.m. They would be happy to shut their lights off after that. Commissioner Kurtz asked for clarification if they would turn off the lights around the building and all that would be showing would be the letters. Mr. Elder said they have some landscaping lights that do wash some soft lights up the building. Right above the entry is the lighting they would eliminate. Vice -Chair Burke inquired what they anticipated their lighting needs would be when they built the building. Mr. Elder answered that they are okay with what they have and could work with the lighting but they think this is better. Vice -Chair Burke closed the public hearing at 7:40 p.m. 5. LAND USE/ACTION ITEMS None 6. OTHER BUSINESS A. Springs at Cobblestone Lake Sketch Plan. City Planner Tom Lovelace stated no official action is needed. The developer wishes to receive feedback concerning a proposed multi -family residential project. Continental 432 Fund, LLC is requesting feedback on a proposed 196 -unit multi -family development project on 11.8 acres of property located in the northeast comer of 160th Street West and Pilot Knob Road. The site is one of the last parcels to be developed in Cobblestone Lake, a 320 - acre mixed-use development. The applicant is proposing to construct thirteen (13) two-story apartment buildings, eight (8) detached garage buildings, and a 4,421 -sq. ft. clubhouse facility. Ten buildings will have 16 units per building and the remaining three will have 12 units per building. The detached garage buildings CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 17, 2018 Page 7 of 9 will vary in size and will be scattered throughout the site and will provide 80 parking spaces. He reviewed the remaining parking spaces, sidewalk connections, building materials and clubhouse and described access to the development which would be a gated community. The site is platted as an outlot, (Outlot M, Cobblestone Lake Commercial 3rd Addition) and is currently guided "HD" (High Density Residential/12+ units per acre). High Density Residential areas include multiple -family structures (apartments and condominiums) at densities greater than twelve units per acre to the extent allowed by the zoning ordinance. The proposed multi -family development will provide 196 market -rate apartments. This development proposal will address the City's Livable Communities Act (LCA) principles of adding a housing product that helps provide a balanced supply and variety of housing types for people of all income levels and lifecycle stages. The subject property is located in Planned Development No. 703/zone 8, which allows for gravel mining, which is considered an interim use. Rezoning would occur at the time of the former submittal and approval of development proposal. It would likely be rezoned from its current designation to zone 6, which currently allows for a variety of commercial/office/retail uses, as well as senior apartments and continuum of care facilities. The permitted uses section of zone 6 would also need to be amended to include apartments as a use. Gwyn Wheeler, Continental Properties, commented they manage their own properties. She provided a history of Continental Properties and described the variety of units and site amenities with their uniqueness and high quality. Vice -Chair Burke asked for clarity of the parking comparison between the current Springs development and the proposed Springs development. Ms. Wheeler said there would be 2.4 parking spaces per unit. She compared the parking of the Springs at Apple Valley and Springs at Cobblestone Lake. In the Springs at Cobblestone Lake there would be parking outside the fenced area where at the Springs at Apple Valley all required parking is on site. Vice -Chair Burke inquired how far the apartments would be from the retaining wall and berm. Ms. Wheeler said the setbacks are in addition to the space Dakota County wants to reserve. Today it is about 50 feet from the right-of-way on Pilot Knob Road. There is a significant grade change. It brings the buildings down and that should help with the sound. They would have plenty of space to provide high quality landscaping. She said it gets a little tighter along 160th Street but still feels there is plenty of space to allow for high quality landscaping on that side as well. Commissioner Alwin asked how it works with the fence and about the grade deferential. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 17, 2018 Page 8 of 9 Ms. Wheeler replied they will have to make sure it is safe because there will be a higher wall and will need to install some sort of guardrail or fence on top of that wall. From the intersection there would not be a lot of fencing shown due to the downward slope of the grade. Commissioner Scanlan inquired about the term used for this proposal as a gateway community and asked how this proposed gated community fits into Cobblestone Lake. Ms. Wheeler said she feels it fits for the community and could blend in very well. She believes it is still inviting and gives a sense of security. Commissioner Scanlan asked how this gated community is going to interact with the rest of the overall community. Ms. Wheeler replied they would have gates that create some connectivity with the public sidewalks and trail. They feel it is such a walkable community with all the retail. Commissioner Scanlan expressed concern that there are 14 associations within the master association which takes in about 800 people. He said the whole concept of Cobblestone is the interaction of neighbors and neighboring properties and the live/walk lifestyle. He feels that with a gated community they are taking that away and not allowing that to happen. He feels they are not really becoming a member of Cobblestone at all. They would be coming into Cobblestone but wanting to be this isolated section. It is not something of the overall development that has taken place in Cobblestone to this point. It has been talked about in the 2030 Comp Plan the fact that the latter has been the last areas of the development. It puts a signature on the overall development. He said he has reservations and concerns with that. He feels the first Springs project was good and fits in but this project does not fit into Cobblestone. He expressed concern about the parking across the street. Ms. Wheeler stated the greenway would be extended. It would still be fenced but people can access the pathway. She believes they can still be integrated and still be fenced. Vice -Chair Burke asked what percentage of their total units are in fenced communities. Ms. Wheeler replied at least 75 percent are gated and fenced. Commissioner Scanlan inquired as to the fact that they have developed other communities without fencing. Ms. Wheeler replied correct and they have a small percentage that they had not. Commissioner Scanlan asked if that was a consideration with this project. Ms. Wheeler answered that it is always their preference to have a gated community. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes January 17, 2018 Page 9 of 9 Commissioner Alwin commented that he likes what they had done architecturally and blended to make this fit in. There is nice flow from the single-family and the other multi -family. This is a nice transition piece and it blends in well. He feels design wise it compliments what is there. Commissioner Kurtz commented that she thought a gated area would be different if it was in the middle of the development but since it is on the end at the corner of 160th Street and Pilot Knob Road maybe they feel a little bit more secure having something gated. Vice -Chair Burke asked what their options would be if the Planning Commission said no to the on - street parking and asked that the 2.4 ratio has to be on site. Ms. Wheeler answered that they would have to review the site plan and it would be challenging because this is a small project on a compact site. B. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next regular Planning Commission meeting would take place Wednesday, February 7, 2018, at 7:00 p.m. 7. ADJOURNMENT Hearing no further comments from the Planning Staff or Planning Commission, Vice -Chair Burke asked for a motion to adjourn. MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan to adjourn the meeting at 8:34 p.m. Ayes - 5 - Nays - 0. Respectfully Submitted, /s/ Joan Murphy Joan Murphy, Planning Department Assistant Approved by the Apple Valley Planning Commission on Tom Melander, Chair AppVa��ey ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 4.A. February 7, 2018 Public Hearings Description: Quarry Ponds Fifth and Sixth Additions — Public hearing to consider a rezoning from "SG" (Sand and Gravel) to "PD-975/zone 1" (Planned Development) and subdivision of 15.22 acres into 42 single-family residential lots. Staff Contact: Thomas Lovelace, City Planner Department / Division: Community Development Department Applicant: Rockport, LLC Applicant Date: 1/8/2018 60 Days: 3/8/2018 Project Number: PCI8-04-Z S 120 Days: 5/7/2018 ACTION REQUESTED: Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on a public hearing item the night of the public hearing. SUM MARY: Rockport, LLC is requesting the following: 1. Rezoning of 15.22 acres from "SG" (Sand and Gravel) to "PD -975" (Planned Development) 2. Subdivision by preliminary plat of 15.22 acres into 42 single-family residential lots. BACKGROUND: Comprehensive Plan: The site is designated on the City's Comprehensive Plan Land Use Map "LD" (Low Density Residential/2-6 units per acre). The "LD" is designed to accommodate residential developments that range from two to six units per acre and include most of the existing single-family residential areas that are zoned "R-1", "R-2", "R-3", and "R -CL". Other zoning districts eligible for this land use category include "R-5" (two family); "M-1", "M-2", and "M-3" (multiple family); and "PD" (planned development). The proposed 42 -lot single-family residential development on 15.22 acres will have a gross density of 2.75 units per acre, which exceeds the minimum required density within the "LD" designation. Livable Communities Impact: The proposal will create up to 42 market -rate single-family dwelling units to the City's existing housing stock, which is consistent with the following Livable Communities Act principles: • Provide a balanced supply of housing supply, with housing available for people of all income levels; and • Provide a variety of housing types for people in all stages of the life cycle. Zoning: The property is currently zoned "SG" (Sand and Gravel), which allows limited agricultural pursuits, including crop and plant production and commercial greenhouses and nurseries as permitted uses, and sand and gravel mining as a conditional use. The property is part of a large sand and gravel mining operation, of which, portions of the operation area such as this have been reclaimed for development. The applicant has requested a rezoning of the property from "SG" to a "PD-975/zone 1" (Planned Development). This planned development designation has established uses, area requirements, and performance standards for the planned development district, consistent with the existing subdivision developments within the "PD" district. The minimum lot area and lot width within this "PD" district is 8,450 sq. ft. and 60 feet for an interior lot, and 10,400 sq. ft. and 80 feet for a corner lot. All lots meet the minimum lot area and lot width requirements. The proposed development is located on property that is part of a sand and gravel mining conditional use permit (C.U.P.). This proposal will end the ability of Fischer Sand and Aggregate, the current owner, to mine the property. Therefore, the owner will need to formally release this property from the sand and gravel mining C.U.P. Staff will work with the developer and property owner with an amendment of their C.U.P. Mining operations will continue north and east of the proposed development, which could result in potential conflicts. This will need to be addressed through the zoning code regulations that establish setbacks between residential property and mining operations, operating hours, and screening. The applicant is also requesting an ordinance amendment to allow for a five-foot reduction in minimum required front yard setback to allow for the dwelling units on Lots 9-13, Block 3, Quarry Ponds Fifth Addition and Lot 1, Block 1, Quarry Ponds Sixth Addition to be set back a minimum of 25 feet from the front property line. This will give those lots an additional five feet a rear yard, which is encumbered by 50 feet of an 100 -foot pipeline easement. Preliminary Plat: The preliminary plat consists of the platting of approximately 15.22 acres into 42 single-family lots. This will result in a gross density of 2.75 units per acre. Lot sizes will range from 9,918 sq. ft. to 18,960 sq. ft. in area. The project is proposed to be done in two phases. The first phase (Fifth Addition) will plat 34 lots. The remaining eight lots will be developed in the second phase (Sixth Addition). Therefore, the proposed residential lots in the Sixth Addition should be platted as an outlot, consistent with the phasing plan. Direct access to the individual lots within the proposed development will be via the extension two local streets north from the previous Quarry Ponds developments. Fairfield Avenue will be extended from the south and eventually intersect with the future extension of Johnny Cake Ridge Road located directly to the east of the development. The plans show that that this street will provide access to 21 lots in the first phase and four lots in the second phase. Fairchild Way will also be extended from the south and intersect with future Fairfield Drive and will provide direct access to the remaining 13 lots in the first phase and eight of the four lots in the second phase. Approximately 816 feet of right-of-way for Johnny Cake Ridge Road will be dedicated with this plat. No direct access from the lots within this preliminary plat to Johnny Cake Ridge Road will be allowed. This shall be accomplished with the execution of an access restriction easement agreement that will place a one -foot easement over that portion of the lots directly abutting the two streets. Execution of this access restriction easement shall be part of the final plat approval. The preliminary plat identifies drainage and utility easements over and across lots in the Fifth Addition, consistent with the City's subdivision requirements. The plat also identifies a 20 - foot wide drainage and utility easements along the common lot line of Lot 7 and 8 Block 3, of the Fifth Addition. This easement area will be the location of a trail connection from the proposed development to Regatta Park to the west. And finally, a 55 -foot wide drainage and utility easement is located in the rear yards of Lots 1-5, Block 1 of the Fifth Addition. Perimeter drainage and utility easements should be shown on the lots within the proposed Sixth Addition and the 55 -foot wide drainage and utility easement should be extended across the rear yards of Lots 1-4, Block 2 of the Sixth Addition. A 45 -foot wide drainage and utility easement shall be established from the east property line to 10 feet west of a storm water pipe located in Lot 4, Block 1, of the Sixth Addition. The submitted plans identify a "Trailway Oudot" located north of the proposed residential lots. This is likely to be the location of a section of the North Creek Greenway, a 14 -mile regional trail that travels through Empire Township, Farmington, Lakeville, Apple Valley, and Eagan. A portion of a 100 -foot wide pipeline easement is located in this outlot, which will restrict how Dakota County utilizes the outlot for the trail. A 15 -foot wide strip of land is located directly west of the proposed development. This strip of land should be platted as an outlot with the Fifth Addition. Grading: The site has been disturbed as part of a sand and gravel mining operation. The site will be mass graded in preparation for development. The City Engineer has reviewed the grading plans and his comments are included in the attached memo. Landscape Plan: A landscape plan is normally not required with a single-family development proposal in the City's typical single-family zoning districts. However, this development is located in a planned development and will be adjacent to two collector streets. These two elements dictate the need for a landscaping plan that identifies the species type and location of plantings on lots located directly adjacent to future Johnny Cake Ridge Road and the future greenway. The staging plan does identify landscape and landscape/berm areas in the rear and side of all lots abutting and Johnny Cake Ridge Road. Scenic/conservation easements shall be established over those areas. The plan shows landscaping in the rear of Lots 8-13, Block 1 of the Fifth Addition and Lot 1- 4, Block 1, of the Sixth Addition. Landscaping will be installed in the rear of these lots to provide screening from the greenway. Because 50 feet of the rear lots are located within a pipeline easement, installing landscaping in the easement area may be prohibited and installing landscaping outside of the easement area would likely have a significant impact on the use of those rear lots. Therefore staff is proposing that the estimated cost of the landscaping in those lots be escrowed until we know the location of the proposed greenway trail, which may provide more opportunities on where to locate the landscaping. Availability of Municipal Utilities: Utilities to serve this proposed development will be extended north from the existing development to the south. The City Engineer has reviewed the proposed plans and his comments are contained in the attached memo. Street Classifications/Accesses/Circulation: Fairfield Drive and Fairchild Way, two local streets will be constructed within the proposed preliminary plat and will provide direct access to the individual lots. Fairfield Drive will intersect with both Fairchild Way and Johnny Cake Ridge Road. Construction of the segment of Fairchild Way within the proposed plat and all of Fairfield Drive with the exception of the section from Johnny Cake Ridge Road to Fairchild Way with be constructed as part of the Fifth Addition. The remaining section of Fairfield Drive and Johnny Cake Ridge Road, from 155th Street West to 157th Street West, shall be constructed as part of the Sixth Addition. Johnny Cake Ridge Road, which will run along the east side of the development, will be constructed from 157th Street West to 155th Street West. Johnny Cake Ridge Road is a major collector. Major collector streets are designed to serve shorter trips within the city and collect traffic from neighborhoods and employment centers to the arterial system. The 2030 traffic volumes for the section of this street between CSAH 46 and CSAH 42 are estimated to be 13,000-19,800 trips per day. Although this is outside the scope of this project, it should be noted that the 155th Street West/Johnny Cake Ridge Road intersection is being proposed as two-lane roundabout. The necessary right-of-way for this intersection has not been indicated on any of submitted plans. Pedestrian Access: Sidewalks, trails or pathways shall be provided in accordance with provisions of the City's pedestrian circulation plan. Sidewalks will be required along both sides of Fairfield Drive and Fairchild Way and pathways will be installed on both sides of Johnny Cake Ridge Road. A trail connection between Lots 7 and 8, Block 3 of the Fifth Addition shall be installed with the first phase. As previously mentioned, a section of the North Creek Greenway will be established in this development. This will include the location of a tunnel under Johnny Cake Ridge Road, just south of the 155th Street West intersection. A second tunnel is proposed under 155th Street West, west of the Johnny Cake Ridge Road intersection. Staff and the developer will be working closely with Dakota County on securing these tunnel locations. BUDGET IMPACT: N/A ATTACHMENTS: Correspondence Area Map Comp Plan Map Zoning Map Plan Set CITY OF Applell Valley MEMO Public Works TO: Tom Lovelace, City Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: February 2, 2018 SUBJECT: Quarry Ponds 5th and 6th Addition Preliminary Plat Review Tom, following is comments regarding the Quarry Ponds Addition Preliminary plan dated December 18, 2017. Please include these items as conditions to approval. General • A right of way permit will be required for all work within public easements or right of way. • Sanitary Sewer, watermain and storm sewer utilities are proposed to be public. This infrastructure shall be publicly designed and inspected. • The developer shall identify whether site utilities will be installed under private or public contract. • Funding of residential streets and base utilities is expected to be the responsibility of the developer. Funding for collector streets and trunk utilities will be included as part of the development agreement and will be shared with the City of Apple Valley. • Due to the existence of a gas pipeline running east and west along the northern boundary of the proposed site an agreement with the pipeline for encroachment within the easement is required. Developer shall obtain and provide a copy of executed agreement. • A pre -construction meeting shall be held prior to beginning any work on the site. • 15' "Gap" property along the western property boundary should be platted as an Outlot as part of Final Plat. Site • Drainage and utility easements should be clearly identified on preliminary plat. • As part of the North Creek Greenway Trail (NCGT), an underpass crossing of Future Johnny Cake Ridge Road (JCRR) and 153rd/155th Street is anticipated north of Quarry Ponds 5th and 6th Addition. The necessary Easements and/or Outlot for the underpass along with installation of the underpass will be required to be incorporated into the Final Plat. Specifically, the NE comer of site where NCGT underpass is shown to be located should be included on the preliminary and final plat as an Outlot. • Proposed NCGT alignment shall be approved by Dakota County. • Proposed NCGT alignment to the north shall be relocated outside the existing gas easement and be designed per Dakota County standards. • Proposed NCGT underpass locations as indicated are acceptable as shown in the future roadway alignments. • North Access off JCRR to Fairfield Drive will require a dedicated right tum lane as part of JCRR construction. • Access Restriction Easement and Conservation Easement will be required along JCRR as part of the Development Agreement. • Developer is responsible for trail connection between Lots 7 & 8 of Block 3, the trail should be shown on plans. The need for retaining walls adjacent to the trail should be denoted on lots 7 & 8 of Block 3 for future builder reference on the grading plan. Grading & Drainage • Final Grading Plans shall be reviewed and approved by City Engineer. • Final Stormwater Management Plan shall be reviewed and approved by City Engineer. • A Natural Resources Management Permit will be required prior to mass site grading. • A construction entrance and perimeter silt fences shall be provided for erosion control purposes. • Street sweeping shall be performed as necessary to address material tracking from the site. • Storm water quantity and quality control has been accounted for in the regional storm water pond WVR-P443 (McNamara Pond). • Valley gutter should be included on "eye -brows" for proper drainage of street. • Additional Berm should be continued along the side lot line of Lot 4 of Block 1F and should be relocated out of storm sewer alignment and drainage and utility easement. Storm Sewer • Final locations and sizes of Storm Sewer shall be reviewed with the final construction plans and approved by City Engineer. Sanitary Sewer and Water Main • Final locations and sizes of Sanitary Sewer and Water main shall be reviewed with the final construction plans and approved by City Engineer. Landscape • Tree planting is not allowed in public drainage and utility easements. Drainage and utility easements should be clearly identified on landscape plan. • No planting of trees in the boulevard is permitted • Proposed Landscape plantings along the rear lot lines of Lots 8 — 10 of Block 3 and Lot 1 should be relocated out of storm sewer alignment and drainage and utility easement. • Proposed Landscape plantings along the side lot line of Lot 4 of Block 1F should be relocated out of storm sewer alignment and drainage and utility easement. • Proposed Landscape plantings along the rear lot lines of Lots 1 — 4 of Block 1F should be relocated out of drainage swale. zr , • 4(0601. 14, REGATTA PARK REGENT'S QUARRY POINT PARK QUARRY PONDS FIFTH AND SIXTH LADDITIONS LOCATION MAP QUARRY PONDS FIFTH AND SIXTH ADDITIONS COMPREHENSIVE PLAN DESIGNATION "LD" (Low Density Residential) rt . 1. 4 L III iitilk, win- cit:tiLeviitt,Vmji7riffri. 4„, '4'2142# wi.'-:--- -'.01-511-1 fw zd , • :APIA° ;IiiIrl'=-,-.4-----9-4111 1161.71°f1-11-31L,71nik.."4:1414111,4 ;ark iit.,W1&'lliri--:- C-'?"-aiLlIRII 1115' ,AutiLl MI .6$ ki.i.,IN-5.qT -.gm,-fipeL,."-‘,1 --rkownpufw_lwirYzi kvii -I'l Li iii....: 11WR411140 ii I rj ,... II), ro cir- INF 0 ow diiviot., 1:11:9r\dr21:111.7 --- ---,... • ism nom mar, ;"-.`,4;711TF".„1717%"7.Z Ilftl ENO ir 11112:46) it -00.147 clipi:ica.4, . 4 1 , - ,ij LI) . 3'.'1.7glii . . Iff- . 11 . 1111 i 2 I . I M: 14 i I .11 •&-',' Will : lis. -1 "4 1 1 • G 11,";--- al lel P 6 .1.••-.4 74,, SG PD -975 QUARRY PONDS FIFTH AND SIXTH ADDITIONS ZONING MAP "SG" (Sand and Gravel) 1j h h 0 0 z {,1 64 SINGLE FAMILY LOTS 4 k gl ga ! kkS gi . 1 0 i 1 1 1 is 3 fl !ill i il 1 P ' ifill k i 1 'Al 5 II '31 e it !id I 11 il li Ji Oil 11! 2 4 I PH I 1 1 ji rti . la -th. ,, It j I 1111, ii Iri lir il .1 nit i fii P ii 0 e:11)I 11' Iii: I , z 0 .ii!14, ms 1 11 ii. lx al i Ilai " 10 • 0 0 , ,I1' Ili PRELIMINARY STAGING & LANDSCAPE PLAN QUARRY PO/OS 4TH 5TH & 8TH .1,44 E VALLEY tANNESOTA a d AppVa��ey ITEM: 5.A. PLANNING COMMISSION MEETING DATE: February7, 2018 SECTION: Land Use /Action Items Description: Consider Amendments to Planned Development Ordinance No. 679 to Allow Illuminated Building Signage on the Side of a Building that Faces an Adjacent Public Street that Abuts Residentially Zoned Property or Directly Abuts Residentially Zoned Property Staff Contact: Thomas Lovelace, City Planner Department / Division: Community Development Department Applicant: Elder Doyle, LLC Applicant Date: 12/18/2017 60 Days: 2/15/2018 Project Number: PCI7-43-0 120 Days: 4/16/2018 ACTION REQUESTED: If the Planning Commission concurs, staff is recommending the approval of ordinance amendments to Planned Development No. 679 to allow illuminated building signage on the side of buildings facing an adjacent public street that abuts residentially zoned property or directly abuts residentially zoned property, subject to the following conditions: • The illuminated signs shall be white channel lettering on a raceway only. • The illuminated signs shall not exceed 125 nits in intensity as measured at the sign face. • The illuminated signs shall remain unlit from the hours of 9:00 p.m. to 7:00 a.m. • A light distribution plan shall be submitted to ensure compliance with applicable city ordinances. SUMMARY: For your consideration is a request to amend Planned Development Ordinance No. 679 to allow for illuminated building signage on building elevations that is adjacent or abuts residentially zoned property in zone 3 of the planned development only. This would allow the Foliage Medical Building located at 15160 Foliage Avenue to put illuminated signage on the south and west building elevations. The site abuts AutoZone and Discount Tire to the north, Home Depot to the east, Orchard Point townhomes to the south, and is adjacent to the Gabella Apartments and Abra Auto Body and Glass Repair to the west. The City's sign code currently allows for signage on the side of building that abuts business or industrially zoned property or a public street, except where the side of the building faces an adjacent public street that abuts residentially zoned property. Currently, the Foliage Medical Building in the before -mentioned planned development is the only one affected by this sign code regulation. In fact, a portion of the west elevation located north of Gabella Street would be allowed illuminated signage. Home Depot is the only other property that abuts residentially zoned property, but it is located in zone 2 of the planned development. Therefore, that property would not be a beneficiary of the proposed ordinance amendments. The applicant originally proposed the following conditions to be applied to the amendment: 1. All signs facing west or south must be white. 2. All illuminated signs facing west or south must not exceed 125 nits in intensity. 3. All illuminated signs facing west or south must be turned off during the hours of 10:00 p.m. to 6:00 a.m. At the January 17, meeting the applicant stated that the signs would be individually lit letters and he agreed to increase in time that the illuminated signs would be turned off. The applicant's comments are reflected in the proposed ordinance amendments. The Planning Commission held a public hearing concerning this request on January 17, 2018. No one spoke on the night of the hearing and the hearing was closed. Staff did receive an e-mail from a resident in the Orchard Point development who was opposed to the request because of the additional lighting and its impact to the existing condition on the property. If the request is approved, the City should guarantee that the illuminated signage will not have a negative impact to his property. Staff has added a condition that a light distribution plan shall be submitted to ensure the site lighting, with the addition of the illuminated signs, will meet the applicable lighting requirements set forth in the city code. BACKGROUND: A nit is a unit of visible -light intensity, commonly used to specify the brightness of a liquid crystal display or light -emitting diodes. One nit is equivalent to one candela per square meter. A candela was formally called candlepower. Therefore, 125 nits would equate 125 foot-candles. The Foliage Medical Building is approximately 300 feet from the Gabella apartments to the west and 400 feet from the nearest Orchard Point townhome. The property where the office building is located approximately 14 feet higher than Foliage Avenue. The Commission asked the applicant to provide information on the impact of sign glare on the adjacent and abutting residential properties based upon the distance and height of those signs. The applicant has submitted a drawing, which shows the light intensity at different intervals. It indicates that the intensity lowers significantly as you move away from the building. Therefore, it does not appear that there will be a significant impact to adjacent properties. One of the conditions in the proposed amendments is the submission of a light distribution plan, which will measure the light intensity on the property. This will be used to ensure that the signage will meet the minimum light requirements set forth in the city code. BUDGET IMPACT: N/A ATTACHMENTS: Applicant Letter Correspondence Area Map Comp Plan Map Zoning Map Elevations Lighting Plan December 19, 2017 Mr. Thomas Lovelace City Planner 7100 147th Street West Apple Valley, MN 55124 Re: Zoning Ordinance Amendment, Foliage Medical Building, 15160 Foliage Ave., Apple Valley, MN 55124 Dear Tom, This letter is a request to amend the provision for illuminated exterior signage at the Foliage Medical Building in Apple Valley in a manner that we feel benefits both the medical provider tenants that occupy the building ancl the residents that occupy buildings facing the medical building. Currently, cocie provides that the Foliage Medical Buiiding can have internally illuminated signage approximately the north 135 feet of the 220 foot west wall facing Foliage Avenue, as well as the north and east facing walls. Only non -illuminated signs are permitted on the south facing vveU and on approximately the south 85 feet of the west wall facing Foliage Avenue. The purpose of the illuminated signage restriction is to reduce the impact on adjacent residential occupants. Currently, wo may nstall signs of various color, and commercial sign intensity, on about 60% of the Fohage Avenue facing with only non -illuminated signs on the balarce the FolJage and south facing. Our request is to allow internally illuminated signs on all facings subject to restrictions as Hsted below. We believe these requests will reduce the intruson on our residential neighbors while created a balanced and professional, yet visible signage for the medical providers. In consideration for the above provision, the building owner, Elder Doyle, LLC, would agree to adhere to the following provisions: 1. All signs facing west or south must be white. 2. All illuminated sgns facing west or south must not exceed 112 NITS iri intensity. 3. All illuminated signs facing west or south must be turned off between the hours of 10 PM and 6 AM. It is our hope that amending the option of having commercial grade, multi -colored signsvvith no operating restrictions on much of the Foliage Avenue facing, with a provision that includes lower 'numinous intensity white signs balanced along the building, with limited hours of operation, will generaily benefit all parties. SinThank you for giving this your consideration. —' re/ hn S. Elder neral Partner Elder Doyle, LLC 612'309'5960 Lovelace, Tom From: Sent: To: Subject: Attachments: Murphy, Joan Tuesday, January 16, 2018 12:14 PM Lovelace, Tom FW: Public Notice - illuminated signage Building Lightsjpg From: Mack Sweidan Sent: Tuesday, January 16, 2rnrfE3GAr4 To: Murphy, Joan Subject: Fw: Public Notice - illuminated signage find attached is a picture of the buildings (Clinic & Home Depot) lights and how much has impact on the properties a long the south side. Even thou, Home Depot tried to build a brick wall to prevent lights impact but as you can see its very velar from our unit: and this raise up a big concern and disagree to any additional lights of any type. I have been living in my unit before any of the commercial constructed and the City Officials are obligated to do their best to the benefit of the residents. I do not agree and/or accept any light addition; the City need to provide guaranties not add any negative impacts such lights, other wise I have the right to seek action/escalation to prevent such action. Thanks, On Wednesday, January 10, 2018 8:06 AM, Mack Sweidan _wrote: Dear Pamela, I'm a resident at 15258 Florist Circle - Apple Valley and received a Public Hearing Meeting Notice letter on 1/17/2018 in regard illuminated signage on building from the City. Please note that I'm 100% against any type of illuminated sign facing south to be placed on any of the commercial buildings (north of the storm -water pond). The existing building are in high elevation and the light of the sign will be very obvious clear and will impact/disturb us from our windows; even with taking iight impact reduction precautions such as planting trees and/or installing partitions walls will not block the light from the sign 100%. Again, I'm against any facing south illuminated sign installation on any building. Thanks, Mac Sweidan 15258 Florist Circle 1 • 11'.* .1•1 41f • 1 r "PD -679" ORDINANCE AMENDMENTS TION MAP ,A,..,, +61.11:0,_A....11,3....r yM4 „...„_„=„7,-.10.*,,,,kt oir._.#40,,,,,m.r.itostli,b, ilie,,, vi.,wimi.nariff,t4v,fogrikk, 1:16411 .,..mityw,,,,,./„,1 pi ,..i,„.2 A p iy.......Akts gni: ' i 1111011 : r4i1W5gig411P .U.r "PD -679" ORDINANCE AMENDMENTS COMPREHENSIVE PLAN MAP "Commercial" A IIey A 1 3 GALANTE LN PD -716 4 FOUNDERS LN PO -254 151ST STVV PD -254 r'ABEL-A S- 1 152ND ST W PD -739 FOFRTINO ST 2 3 2 3 FONTANA TRL FOLIAGE AVE - w FOLIAGE A 2 FLANDERS PATH 3 P D-679 14 1 2 "PD -679" ORDINANCE AMENDMENTS ZONING MAP ,.,...77...°1111:-._-_• zr-11:--4..,,d,---friH' '307,1;i: ''''' --t-I'ly1711'7"::7:*. iiii.,)11-3":411-1:1C:r17-ttirl:47:14"1:11°%rtill'61 kfr .14 k i IVA il ra A i.". p. ri Lit " -,P i -...-., e, Km FA l'itili 741 — 6-- ‘,"" -- r, 1;41111::11.1210111, , , .., _ 1 I ' ' + i LY ND MAY NOT BE A TRUE REPRESENTATION OF Acrum. SIZE' cn Q 4 LZ! fY OC Wi OC .yam CC 0�1 v, cn o1:11- '. ac' z THE COLORS SHOWN IN THIS DRAWING ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT BE A TRUE REPRESENTATION OF ACTUAL COLORS - THE ELEVATION SHOWN IN THIS DRAWING ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT BE A TRUE REPRESENTATION OF ACTUAL SIZES II 0 00 0 nCt � Z THE COLORS SHOWN IN THIS DRAWING ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT BE A TRUE REPRESENTATION OF ACTUAL COLORS - THE ELEVATION SHOWN IN THIS DRAWING ARE FOR ILLUSTRATION PURPOSES ONLY AND MAY NOT BE A TRUE REPRESENTATION OF ACTUAL SIZES NIT=1 CANDELA/ SQ. METER 20' - 80 NITS cZ IM n 00 O oa I IIIMMII►[IMI112:01031111: AppVa��ey ITEM: 5.B. PLANNING COMMISSION MEETING DATE: February7, 2018 SECTION: Land Use /Action Items Description: Mahon Side Setback Variance at 136 Gardenview Drive - PC18-02-V Staff Contact: Alex Sharpe, Planner and Economic Dev. Spec. Department / Division: Community Development Department Applicant: Michael Tutewuhl Homes Inc. Applicant Date: 1/16/2018 60 Days: 3/17/2018 Project Number: PCI8-02-V 120 Days: 5/16/2018 ACTION REQUESTED: The Planning Commission is asked to review the proposal and provide a recommendation to the City Council subject to the following conditions; 1. The variance shall be applicable to the property legally identified as Lot 15, Block 5, Apple Valley. 2. If the Building Permit fee is not paid and not issued or within one (1) year of the date of approval, the variance approval shall lapse. 3. The window well shall meet the 2015 Minnesota State Building Code section R310.2. 4. The window well shall be placed in a location which provides adequate separation from the existing gas meter per the fire code. SUMMARY: Michael Tutewuhl Homes Inc., on behalf of the property owner, Bryan Mahon of 136 Gardenview Drice has requested consideration of a 6' 6" side setback variance to construct a window well on the north side of the property where the required setback is 10'. The window well will allow for an additional legal bedroom in the basement. The 2030 Comprehensive Plan states that the City will encourage "the reinvestment and maintenance of property" that allow residents to age in place. The property is located in the original Apple Valley plat, which has smaller lots. These lots can create circumstances where the home is non -conforming, such as with this home. The required side setback is 10', and the home is only 5.9' from the property line. Staff is recommending approval of the variance due to the following practical difficulties. 1. If the home were setback the required 10' there would not be a need for the variance as the window well would meet code requirements for a reduced setback. 2. When the home was constructed, it was not centered on the lot. If the home were placed in the center of the lot there would not be a need for a variance. 3. The City has encouraged residents update and maintain their homes. 4. The window well cannot be placed in the rear of the home due to the location of the utility room and the additional expansion. 5. The lot does not meet the minimum lot size for "R-3" of 11,000 sq. ft. BACKGROUND: As stated in the summary section, the property owner is seeking to construct a window well to allow for the renovation of the basement to include a legal bedroom. By the Minnesota State Building code, bedrooms are required a window egress. The location of the window as shown on the survey will need to be shifted to the west to comply with the required separation from the gas meter. Moving the window towards the rear of the structure allows for a slightly lesser variance than in the current location. The property owner is being encouraged to place the window as far west on the home as possible so that the actual variance is the minimum variance required. 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. 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: 1. 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 property is located in the original Apple Valley plat, which has narrower lot lines than most new lots. The home, built in 1964 was not placed in the center of the lot and is non -conforming by being setback from the side lot line by only 5.9'. If the home were setback the required 10' a variance for the window well would not be required. 2. The granting of the proposed variance will not be contrary to the intent of this chapter; The granting of the proposed variance is not contrary to the zoning chapter, and is consistent with the 2030 Comprehensive Plan goals. 3. The special conditions or circumstances do not result from the actions of the owner/applicant; and; The special conditions or circumstances were not a result of the home owner or the applicant. 4. 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 granting of the variance will not merely serve as a convenience to the applicant, and will alleviate practical difficulties created by the placement of the house on a narrow lot. 5. The variance requested is the minimum variance necessary to alleviate the practical difficulty. The applicant is placing the window well as far to the rear (west) side of the property as possible so that the minimum variance is needed. BUDGET IMPACT: N/A ATTACHMENTS: Exhibit Aerial Photo Zoning Map Applicant Letter Survey Plan Set Mahon Side Setback Variance at 136 Gardenview Drive PROJECT REVIEW Existing Conditions Property Location: 136 Gardenview Drive Legal Description: Lotl 15, Block 5, Apple Valley Comprehensive Plan Designation "LD" Low Density Residential Zoning Classification "R3" Single Family 11,000 sq. ft. Existing Platting Platted Current Land Use Single Family Home Size: 10,589 sq. ft. Topography: Flat Existing Vegetation Trees, grass Other Significant Natural Features N/A Adjacent Properties/Land Uses NORTH Single Family Comprehensive Plan "LD" Low Density Residential Zoning/Land Use "R3" Single Family 11,000 sq. ft. SOUTH Single Family Comprehensive Plan "P" Parks & Open Space Zoning/Land Use "R3" Single Family 11,000 sq. ft. EAST Single Family Comprehensive Plan "LD" Low Density Residential Zoning/Land Use "R3" Single Family 11,000 sq. ft. WEST Single Family Comprehensive Plan "LD" Low Density Residential Zoning/Land Use "R3" Single Family 11,000 sq. ft. f R-3 WALNUT LN 1 R 3 5 NCC COUNTY ROAD 42 150TH ST W R-3 0 OAKWOO D STRESE CIR R-3 NCC 150TH ST W FRONTAGE R J iv 111 136 Grden View drive We are asking a vanarice for: Adding al2'xl4'addition ontothe back ofour house, t will run in line with the north side of house It will match the existing house set back where it meets the house, then the setback will get wider as it go's towards the back yard Our family is out growing the size of our dining room — kitchen area, this will allow us to have a big enough table to sit all ofour family around This project will add finished Sq. Ft. and value to our home 136 Garden View drive We are asking a variance for: Adding a code compliance window well to the North side of house The reason for the window well is to have a legal bedroom in the basement, and add a second full bath (house only has 1 full bath at this time) Our family is out growing the finished size of our home, which only has the lst and 2nd levels finished. As our kids get older we need 1 more bedroom This project will add finished Sq. Ft. and value to our home. 1 Lot area = 10569 sf House area = 978 sf Garage area 552 of Parch area = 130 sf Addition arca = 168 sf Sidewalk area = 92 sf Polka area 304 sf Drivewcy oreo = 1215 sf total Impervious Area = 3439 sf Impervious Coverage = 32.5 X E,615tray 1,ot area = 10569 sf House area = 978 sf Geroge area = 552 sf Parch area 130 sf Sidewalk axed = 92 sf Patio area = 304 sf Driveway area = 1215 sf Total Impervious Area = 3271 sf Impervious Coverage = 31.0 % Gonsgrvoticut_1#otes: 1. install rock construction entrance. 2. Install silt fence as needed for erosion control, 3. Sidewalks shall drain away from house 0 minimum of 1.0X. 4. Contractor must verify driveway design_ 5. Contractor must verify service elevation prior to construction, 6. Add or remove foundation ledge as revolved, General Motes: 1. Grading plan by lost dated was used to determine proposed elevations shown herein. 2. This survey does not purport Ito show improvements or encroachments, except as shown, os surveyed by me or under my direct supervision. I. Proposed building dimensions shown ore for horizontal location of structures on the lot only. Contact builder prior to construction for approved construction plans. 4. No specific soils investigotion has been performed on this lot by the surveyor, The suitability of soils to support the specific house proposed is not the responsibility of the surveyor, 5. This certificate does not purport to show easements other than those shown on the recorded plot. 6. Bearings shown are based on an assumed datum, 71-NEERLot 15, lock 5. �l fes? , PA APPLE VALLEY a�'WYA4'4rF"1Rl, IF71Y'74 according to the recorded plat thereof Ph. :(651)681-1914 Dakota County, Minnesota Fax: (6511681-9488 www.{ pkat rtg.00M Address_ 136 Gorden View Drive, Apple Valley. Minnesota House Model: Devotion. Buyer; fvlahan • t7enotes iron pipe Denotes' service Denotes television box II Denotes electric box ■ Denotes telephone 1,0x( 00000 Denotes existing edeao#ion ( 0120.00) Denotes proposed eleentton Denotes drainage ftow direction A D�enetes spike ---el - Denotes utility pole Ki Denotes ea„bolt Denotes fence (Chain 11,k0 LTJ AlsgleAteAset Denotes concrete erroka betun'+inous Denotes pstio pavers We hereby certify to Michael Tutwohl Homes Inc. that this survey, pion or report was prepared by me or under my direct supervision, and that I oro a duly licensers Loud Surveyor under the lows of the State of Minnesota, doted 01/10/18. BY: Signed; ,c eer En sneering, P.A. er owbinsan, Prof63ssonal Land urveyor Minnesota License ko, 42259 emc:il—phowkinsonepi000eereng,cam 411. ,wYl'lit I.km0%.4F.?i NUN 2422 Enlcrpise Drive Mendota Hight,. N 55120 11 li'oject 8 :117350000 Fold ” er d 81Drawn by; kth � 0 Pioneer Engineering 0 10 20` 1!,1 Scale: 1" = 20' Benchmark: Fop Nut Hydrant Elevation = I r is l -01-1g T ntmattryinu 011Ls 2 a ra l .v l x r., ins 34 01 -2s -u t Rcvu,4 �rckiilurn Certificate of Survey for: Michael Tutwohl Homes Inc. 5592 A(Barado C puri Inver Grove height,. MN 05117 (651) .f l2 -99th a 1 1 4 y\r J7 Th eJ ki j 0 3 Cr- c F e „ 7 / /kJ— 6e .."C (, i ,../ '1? -Th '1/4.1\ •.• .... ..... .... Apple Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 6.A. February 7, 2018 Other Business Description: Review of Upcoming Schedule and Other Updates Staff Contact: Joan Murphy, Department Assistant ACTION REQUESTED: N/A SUM MARY: Next Planning Commission Meetings: Department / Division: Community Development Department Wednesday, February 21, 2018 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, January 24, 2018 • Site plan, variance applications due by 9:00 a.m. on Wednesday, February 7, 2018 Wednesday, March 7, 2018 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, February 7, 2018 • Site plan, variance applications due by 9:00 a.m. on Wednesday, February 21, 2018 Next City Council Meetings: Thursday, February 8, 2018 - 7:00 p.m. Thursday, February 22, 2018 - 7:00 p.m BACKGROUND: N/A BUDGET IMPACT: N/A