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HomeMy WebLinkAbout08/01/2018••• •••• ••••• •••• •. • Apple II Valley Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 August 1, 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 July 18, 2018, Regular Meeting 4. Public Hearings A. Splinter Addition - PC 18-20-SVGF Consider Subdivision by Preliminary Plat and Variances to Reconfigure a Shared Property Line and Allow Construction of a 744 sq. ft. Detached Garage Location: 129 Surrey Trail So and 135 Surrey Trail So Petitioner: Gene and Shelby Splinter and Dan Moulin 5. Land Use / Action Items A. Dakota County Residential Organics Drop Off IUP - PC18-18-IUP Consider Interim Use Permit (IUP) to Allow Establishment of Residential Organics Collection Drop-off and Transfer Facility for a Period of Six (6) Years Location: 14955 Galaxie Ave Petitioner: Dakota County Environmental Resources 6. Other Business A. Review of Upcoming Schedule and Other Updates Next Planning Commission Meeting - Wednesday, August 15, 2018 - 7:00 p.m. Next City Council Meeting - Thursday, August 9, 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 004 ..0. 04400 4,001. 001. App ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 3.A. August 1, 2018 Consent Agenda Description: Approve Minutes of July 18, 2018, Regular Meeting Staff Contact: Joan Murphy, Department Assistant Department/ Division: Community Development Department ACTION REQUESTED: Approve minutes of regular meeting of July 18, 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 JULY 18, 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: Tom Melander, Tim Burke, Keith Diekmann, Jodi Kurtz, Paul Scanlan and David Schindler. Members Absent: Ken Alwin. Staff Present: City Attorney Mike Dougherty, City Engineer Brandon Anderson, Community Development Director Bruce Nordquist, City Planner Tom Lovelace, Planner Kathy Bodmer, 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. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the agenda. Ayes - 6 - Nays - 0. 3. CONSENT ITEMS MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the minutes of the meeting of June 20, 2018. Ayes - 5 - Nays - 0. Abstained — 1 (Melander) 4. PUBLIC HEARINGS A. Holiday Stationstore #0316 Conditional Use Permit Amendment — PC18-19-C Chair Melander opened the public hearing at 7:02 p.m. Planner/Economic Development Specialist Alex Sharpe stated Holiday Stationstores, has applied for a Conditional Use Permit Amendment (CUP) to expand their current car wash. In the I-1 "Limited Industrial" zone, car washes are considered a conditional use. The existing car wash received a CUP in 2000, which is proposed to be amended to add a second car wash bay. The site is currently used as a motor fuel station, as well as a truck stop, both of which are conditional uses within the I-1 zone. The proposed car wash would remove two parking spaces for large semi -trailers. This will limit the overnight parking at the site, as there will no longer be any stalls for semi -trailers to park. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 18, 2018 Page 2 of 11 The additional car wash bay is 31' from the property line, which meets the required 10' interior side setbacks in the I-1 zone. Staff from multiple departments have reviewed the proposal and placed conditions accordingly. Natural Resources has requested that one of the two Norway Maple trees proposed on the landscape plan be replaced with different hardwood tree species to add to diversity on the site and within the City as a whole. Commissioner Scanlan inquired if there was an elevation drawing. Mr. Sharpe answered that elevation drawings were not included but materials are to be the same as the existing facade and the addition would be an extension of the current wall. Chair Melander closed the public hearing at 7:06 p.m. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval of the Conditional Use Permit amendment subject to the following conditions: 1. The conditional use permit shall apply to property legally described as Lot 1, Block 1, Holiday Johnny Cake Addition. 2. Such operations shall be conducted in conformance with the site plan dated June 19, 2018, on file at the City offices. 3. Landscaping shall be installed and maintained per the landscape plan dated June 19, 2018, on file at the City offices. 4. One of the Norway Maples proposed on the landscape plan dated June 18, 2018 shall be replaced with a different hardwood tree species for increased site diversity of tree species. 5. The conditional use permit may be revoked for cause if the terms of (2) through (4) are not adhered to. Ayes -6 -Nays -0. B. Dakota County Residential Organics Drop IUP — PC18-18-IUP Chair Melander opened the public hearing at 7:07 p.m. Planner Kathy Bodmer stated Dakota County requests consideration of an interim use permit (IUP) to operate a residential organics drop-off facility at its Western Services Center (WSC) at 14955 Galaxie Ave for a period not to exceed six years. Dakota County would like to expand its dumpster enclosure area on the north side of the Western Service Center (WSC) building to create a secured enclosure area for residents to drop off bagged organics waste. Residents who sign up for the program would be given a code to access the secured organics dumpster. Access to the site would be available from 5:00 a.m. to 10:00 p.m. daily. The dumpster would be a 6 -yard dumpster and the County estimates it would be serviced a minimum of two times per week. Approximately 1,400 residents are expected to participate and dispose an average of 10 yards of organics per week. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 18, 2018 Page 3 of 11 The WSC is located in the "P" (Institutional) zoning district. The "P" district does not have a provision to allow operation of a waste collection or waste transfer facility. It is not listed as a permitted, conditional or accessory use. A compost collection area for the building would be permitted in the zone to service that facility. However, the site will be available for the public to use which changes the use to a waste collection/waste transfer facility. An interim use permit is a permit that allows a temporary use of the property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Dakota County requests the IUP for a period of six years or until curbside collection of organics is widely available to County residents. The City issues IUPs for no longer than one year. IUPs must meet the same standards as a conditional use permit. Organics includes food waste, non -recyclable paper and certified compostable products. The County estimates that more than one-third of what is thrown away as trash could be composted. Waste collected at the organics drop-off site would be hauled to a commercial composting facility outside of Rosemount. The WSC building is a government services building with a connected library. It provides general offices for County staff and court facilities. Dakota County wishes to locate the facility at the WSC building because it is conveniently located in the City's Downtown and centrally located for many residents. An analysis of potential locations found that this location had the highest number of households within a two-mile radius. The City will need to determine whether the proposed drop-off facility is compatible with the use of the building as a service center building and its location in the Downtown area of Apple Valley. The Apple Valley Downtown is the commercial center of the City and contains a mix of office, retail, service, restaurant and grocery businesses. A less -than -well-maintained drop-off facility could attract rodents, rats, create odors and negatively impact the Downtown. The two existing Dakota County Organics Drop -Off Facilities are located on park property which provides a buffer between the drop-off area and abutting properties. Commissioner Scanlan asked what the intent was for curbside pick-up versus the IUP for 6 years. Ms. Bodmer answered whichever occurs sooner but no longer than the 6 years. The 6 years is a specific time frame for Dakota County. She added that some curbside pick-up is being tested in Minneapolis and other communities. Commissioner Scanlan asked if this is limited to people in a 2 -mile radius that can use it or to people in Apple Valley outside of that 2 -mile radius as long as they sign up for the program. Ms. Bodmer answered she believes the latter would be the case. There are others in Apple Valley that are participating now in the Lebanon Hills site and that is well outside of that 2 -mile window. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 18, 2018 Page 4 of 11 Commissioner Scanlan asked if there was a lighting plan for safety purposes since this would be open at 5:00 a.m. He added this should be a safe environment for people. Ms. Bodmer answered that is an excellent point and that the City had not yet received a lighting plan. She said the City will ask for that as a follow up item. Commissioner Kurtz inquired if there were other sites identified in Apple Valley or just this area. Ms. Bodmer replied that Dakota County did not share their methodology and they only asked for this site. Commissioner Kurtz asked if there was a concern for residents sharing codes to get into the site. Ms. Bodmer said she would defer that to Dakota County. Commissioner Diekmann inquired what the height of the existing garbage enclosure structure is because he sees from pictures that the tops of the containers are over the top of the structure and wondered how this is by comparison. He said he assumes the new one would be taller so that would not be possible to see those tops. Ms. Bodmer said she thought the new enclosure will be 171/2 feet tall and it is completely screened but would need to confirm. Chair Melander asked if 6 years was not rather long for an IUP. Ms. Bodmer answered yes that it is and usually an IUP is valid for a year and it comes back to be re-evaluated. She said that was proposed to the County and they did not feel that would work for them. Community Development Director Bruce Nordquist, 7100 147th Street W., spoke to the Downtown business district, the keys in the 2040 Comprehensive Plan, successful Downtown, sustainability and commented there are better locations for what we all support regarding organic recycling. Commissioner Schindler commented that he does not understand why adding a dumpster to two more would be such a concern. He said from what he sees from the pictures is more disturbing than what they want to construct with a third dumpster and actually build the walls up and have it completely enclosed. He does not understand why adding one more dumpster to the already two dumpsters would drastically ruin the entire business district. He does not see any problem with it since it will be picked up twice a week and does not understand what the concern is. He asked what he is missing in this. Mr. Nordquist said every business in the business district has their own solid waste pick-up and hopefully has recycling and every restaurant handles their own waste but this program would be adding the waste from 1400 households to a transfer location that is not permitted in the district. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 18, 2018 Page 5 of 11 Commissioner Diekmann commented about dry-cleaning businesses and asked if it is now a requirement for an environmental assessment to be conducted and asked if that is now a requirement for landowners. He asked who is negatively impact by having this there and who will have additional requirements. Mr. Nordquist answered anybody that is adjacent to it. It becomes an impediment to any adjacent property owner. It becomes noted and it becomes part of the record. And because it becomes part of the record it affects the valuation of the adjacent property for purchase or use. Commissioner Diekmann asked for a zoning map to see what the adjacent properties are. Ms. Bodmer answered the surrounding properties are zoned PD -290 primarily limited businesses and institutional. Office uses are nearby. Commissioner Diekmann asked if there is any area in the City that would permit this as a conditional use or the like. Ms. Bodmer responded that at this time no zoning district in the City allows a waste transfer site. Georg Fischer, Dakota County Environmental Resource Director, provided a background on organics. He commented there had been a lot done with recycling in the County. They are projecting out 6 years on this program and that is why they are asking for a 6 year IUP. Putting the organic drop-off site on County property allows them to get the best bang for their buck. Western Service Center has the most residents in a 2 -mile radius that have signed up. If the drop-off site would not be owned by Dakota County it would require more maintenance and that is why they are looking at the Western Service Center. Commissioner Diekmann asked for an explanation of the difference between organics and yard waste. Mr. Fischer answered that organics are food waste and napkins where yard waste is grass clippings and things of that nature. Commissioner Diekmann asked for a map of all the County owned facilities that the County investigated for alternate locations. He asked if this could be available at the next follow-up meeting. He commented that $124,000 seems to be quite high and asked about the cost of the two other sites. Mr. Fischer said the other two sites were $14,000 and were a different structure. Commissioner Diekmann said he understands why they were considerably cheaper because you did not have to match the building. He asked if it would not make sense to put the drop-off site at a location where they did not have to match the building with the materials. He asked if the cost would not be less. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 18, 2018 Page 6 of 11 Mr. Fischer answered yes the cost would likely be less. The issue would be that they would have to find that County site or a site that was willing to partner with them. They would have to find people to maintain it. He added they already have the staff to maintain it at the Western Service Center. Commissioner Diekmann asked when this was to be implemented. Mr. Fischer said 2018 to 2020 is their Master Plan. Commissioner Scanlan said he agrees with what Commissioner Diekmann said. He asked what other sites besides County owned properties would be suitable for this program. He would like to see all the information put together to see what is the best solution for Dakota County to achieve their goals and for the City to achieve our goals. What is best for the residents of the community to deal with to come up with the best solution for Apple Valley. It is right next to Apple Valley Municipal Center and right next to our business district. Is this the best place for it. He feels another location in Apple Valley would be supported just as well as these other facilities and get the same response from people. Mr. Fischer said they are open to other sites for discussions. Commissioner Kurtz asked if this includes napkins and not bones and meats. Mr. Fischer said organics can be other types beside foods so yes bones and meats can be put in there as an organics collection site. Commissioner Kurtz asked if anybody had gone around to businesses to ask what their opinion was. Mr. Fischer replied that they did not go around and check with businesses but they did provide the mailings labels for the public hearing this evening. Commissioner Kurtz asked if there had been any comments from them. Ms. Bodmer replied no, not from the business community, but there may be neighbors in the audience tonight. Commissioner Burke asked what the vision in the six years is. Mr. Fischer answered that he would like to see two or three more sites going in. Commissioner Burke asked if there would be potential for curbside pickup then would those organic drop-off sites go away. Mr. Fischer answered that would the dream for the Minnesota Pollution Control Agency (MPCA). The MPCA pushed for the policy plans. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 18, 2018 Page 7 of 11 Mr. Nordquist suggested the mulch store in Rosemount and said it is of similar distance in relationship to the Eagan site. He added that Apple Valley is already touched by the Eagan site. Lori Frekut, Dakota County, commented that the mulch store is a convenience store available to residents to drop off. This would just be a supplemental location. Lisa Hiebert, 14344 Ebony Lane, said she is a strong proponent for this. It brings awareness to her family. She feels this is important. She agrees that it is in a business district but it is a convenience to come into the business district. She said it sends a strong signal that Apple Valley cares about its environment. She hopes that one day Apple Valley and Dakota County will have the curbside pick- up. Ginger Hamer, 15688 Highview Dr, wants to second everything the previous resident said. She likes the location of Western Service Center. She currently takes her organics up to Eagan. If she had a local site she could save room in her freezer. The program gave educational materials to learn all about it. When Apple Valley finally has a site she will encourage all her neighbors to participate in the program. Currently it is a commitment to drive all the way up to Eagan. Tom Schuenke, Wings Financial Credit Union, 14985 Glazier Ave, said they have 180,000 sq. ft. of Class A office space. They have a solid investment in a super block. He does not want anything to come in with concern. He asked if this goes to an ordinance amendment does it open the doors for additional sites. He feels this needs to be thought through. He said the County still has to service the two sites they have. Sharra Brockman, 13868 Essex Trl, said she uses the organics site weekly. She said there is no odor at the organic sites. People close the cans all the way and she has never seen pests there. She rarely sees cars there and does not think there would be traffic issues. She said we add green space and why would the City not want to be a leader in this too. She feels it provides convenience. Having the site in the downtown area creates awareness. She thinks it is attractive in the business district while doing other shopping and business. Sheri Gedlinske, 13474 Georgia Ct., commented this site would be a convenience. She has to drive to Holland Lake in Eagan now. She would like to see it in a central location. Citizens could use it as a normal day of business in Apple Valley. David Garthune, 5887 — 144th Street W, said organics recycling is a good topic and good problem to solve. Apple Valley has an opportunity to get out in front and the plastics is a huge problem. He believes organic recycling is part of it. Chair Melander said he has been behind recycling many years ago. Before a commercial potential tenant moves into the City they do their investigating on their own. They do their work first to see if it fits. There has been a terrific investment in the center of the City. A lot of dumpsters are locked. Some people leave mattresses by dumpsters. Just because it is locked does not keep people from leaving items there. Animals like squirrels and raccoons can be persistent. He said he is nervous about this as a location for an organic drop-off site. We see a lot of "not in my backyard CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 18, 2018 Page 8 of 11 stuff'. People can think this is a great idea but it just does not belong in my backyard. He believes there are better places in the County to have this. He added that folks do not follow directions. They throw anything in there. He feels this is not the best site for an organic drop-off. Chair Melander closed the public hearing at 8:42 p.m. and asked for a break. Commissioner Burke left for the evening. At 8:43 p.m. Meeting continued at 8:49 p.m. C. Menards at Hanson Concrete — PC18-17-ZSB Chair Melander opened the public hearing at 8:49 p.m. City Planner Tom Lovelace stated Menard, Inc. is requesting an amendment to the 2030 Comprehensive Plan Land Use Map, rezoning of property, subdivision and site plan building permit authorization to allow for construction of a 210,000-sq.ft. Menard's store on 19-20 acres of a 50.5 - acre unplatted parcel. The property is located at the northwest corner of 150th Street West and Johnny Cake Ridge Road. The property is currently guided and zoned for industrial uses. The applicant is requesting that the southwest 19-20 acres be re -designated for commercial/retail uses. Approximately 23 acres of the site will retain its existing "IND" (Industrial) designation and will be developed for office/office warehouse uses and storm water ponding. The applicant is also requesting that the property be rezoned from "I-2" (General Industrial) to "I-1" Limited Industrial) and "GB" (General Business) to allow for retail (Menard's store) and office/office warehouse uses. The proposed preliminary plat will subdivide the unplatted parcel into two (2) lots and three (3) outlots. Lot 1 will be the location of a new Menard's home improvement store. The applicant has not identified any land use plans for the second lot, which will be 4.4 acres in area. Outlots A and B and the northwest corner of Outlot C will be used for storm water ponding. The remaining portion of the 13.9 -acre Outlot C not used for ponding purposes will be reserved for future subdivision and development. The City uses the zoning ordinance to regulate the intensity and characteristics of development based upon land use criteria and performance standards. Three rezoning options are available for the City to consider. The first would be to rezone the properties consistent with the proposed Comp Plan designations. The second would be rezone the property to "PD" (Planned Development). City code defines a Planned Development as an urban development often having two or more principal uses and having specialized performance standards relating to an overall approved development plan to provide for CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 18, 2018 Page 9 of 11 an optimal land use relationship. Rezoning to a Planned Development would allow the City to negotiate with the land owner/developer on the type of uses, site coverage, area requirements and performance standards, and development phasing specific to the project area. The third option, which the applicant has indicated on their plans, would be to rezone the property "GB" (General Business) and "I-1" (Limited Industrial). General Business districts are designed for heavy uses and those businesses which tend to serve other businesses and industry as well as residents. Limited Industrial districts are areas that are appropriate for manufacturing, warehousing, and similar industrial uses having a minimum of nuisance characteristics. He reviewed the site plan, building elevations, landscape and utilities plans and site access. Chair Melander asked if the other two lots on the east side showed no provision for access and somebody would need to drive through Menards to get to those other two lots. Mr. Lovelace answered correct and said we should not allow for any access off that east/west leg off Street A. Chair Melander asked if that would hamstring anybody buying those lots to do anything with. Mr. Lovelace said there would be a private street access. Commissioner Diekmann asked why Street A does not go to the south. Mr. Lovelace said they are just not showing it. Commissioner Diekmann believes the street should be the same width as Street A. He asked where on the plans the monument sign would be located because there are power lines there. Tom O'Neil, Menards, said that is an open issue. Commissioner Schindler asked about access onto County Road 42 with a right-in/right out and if that was mandatory to make this site work. City Engineer Brandon Anderson answered no but it helps with the traffic on 149th Street and Dakota County has spacing guidelines. Commissioner Scanlan inquired how many parking spaces are in the current lot. Mr. Lovelace said he would have to get back to them on that. Commissioner Scanlan said he would like to see a greater variety of landscaping on the back side. He had a concern for people cutting through parking lots. Mr. Lovelace said that would need to be discussed with the applicant. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 18, 2018 Page 10 of 11 Commissioner Schindler commented that Menards had different sites in Apple Valley. He asked if they are going to move again after this. He wondered why he should feel this site is the right place for them now. Mr. O'Neil said Menards had successful stores in Apple Valley. They do not have the room to bring product to their customers. They cannot foresee 10-12 years down the road. He agreed the site is troubling and they are trying to address issues to Johnny Cake Ridge Road. They still need to work with the City on the right-of-way. It conflicts with the North Creek Greenway. Chair Melander commented the he had been trying to protect this as an industrial site. He asked if Menards makes things or do they sell things other people make. Mr. O'Neil said they do have plants that manufacture a number of products and ship out of Eau Claire to the greater Twin Cities area. Chair Melander commented he would hate to see happen here what went on in Burnsville and the old store sat empty. Mr. O'Neil said they continue to field calls and do not know when they can get in and open a new store in the market. Chair Melander closed the public hearing at 9:51 p.m. 5. LAND USE/ACTION ITEMS -NONE- 6. OTHER BUSINESS A. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next regular Planning Commission meeting would take place Wednesday, August 1, 2018, 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 Scanlan to adjourn the meeting at 9:52 p.m. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes July 18, 2018 Page 11 of 11 Respectfully Submitted, /s/ Joan Murphy Joan Murphy, Planning Department Assistant Approved by the Apple Valley Planning Commission on Tom Melander, Chair 004 ..0. 04400 4,001. 001. App ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 4.A. August 1, 2018 Public Hearings Description: SplinterAddition - PC18-20-SVGF Staff Contact: Kathy Bodmer, Al CP, Planner Department/ Division: Community Development Department Applicant: Gene and Shelby Splinter and Dan Moulin Project Number: PC18-20-SVGF Applicant Date: 6/27/2018 60 Days: 8/25/2018 120 Days: 10/24/2018 ACTION REQUESTED: 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 same night as its public hearing. SUMMARY: Gene and Shelby Splinter 129 Surrey Trail So. and Dan Moulin, 135 Surrey Trail So., wish to subdivide their properties by preliminary plat to adjust a shared property line so that the Splinters may acquire a 2,927 sq. ft. triangle of property behind their property from Dan Moulin. In addition, Gene Splinter requests two variances that would allow him to construct a 744 sq. ft. detached garage 9' from the north property line and 5' from the south property line (a 1.0' and 5.0' variance respectively). BACKGROUND: Subdivision by Preliminary Plat: The shared property line is extended so that the Splinters are able to acquire a 2,927 sq. ft. triangle from Dan Moulin. The elevation of the site drops off dramatically from the main yard area of the lot to the rear lot line. The Splinters wish to take advantage of the 8' change in elevation to construct the garage behind the hill. Placing the detached garage below the hill will help to make it less visible from the street. Variances: Two variances are requested. 1. A variance to reduce the north side yard setback from 10' to 9' (1.0' variance). 2. A variance to reduce the south side yard setback from 10' to 5' (5.0' variance). The petitioner states he selected the site to minimize tree loss on the site. The petitioner is also striving to reduce the amount of grading required, in view of the fact that disturbing existing grades will impact adjacent mature trees. When the City reviews requests for variances, it must determine whether there are practical difficulties present that prevent the applicant from complying with the requirements of the zoning code. 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. The City Code contains the following standards to evaluate a variance request: 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; 2. The granting of the proposed variance will not be contrary to the intent of this chapter; 3. The special conditions or circumstances do not result from the actions of the owner/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 5. The variance requested is the minimum variance necessary to alleviate the practical difficulty. The petitioner has a couple of alternatives to avoid the need for the variance. The petitioner could reduce the depth of the garage from 26' to 20' or reconfigure the floor plan. A second alterative would be to locate the garage in a different spot on the property. The petitioner is concerned that a different location would require substantially more grading and tree removal and would be more visible from the street. The petitioner likes the site selected because he can "tuck" the garage behind the hill. One last alternative to consider would be to revise the location of the newly created lot line to accommodate the size of the new garage. BUDGET IMPACT: N/A ATTACHMENTS: Map Applicant Letter Memo Imi nra ir 4.11#* 9011.1311111VITAA4g.:... Airear04:311k 40, Armar-sp- MOM l'- egg , ,_ OTI-A_ . .. . iir.,,,,„„. ...,..1.....„.7.... . 4 ill'it. eNt. . 1517=174041411r% . ,g....."„ami - 1,7trftet ti. • , 40 tojk._, •Ftwar-- .411)11-4- . ,fr Iv weal' rid ‘ ,„mior uslicwitm, 1 1 , bal r .4m1Nr44 4141 n !X, ., . .." Laa .illairapt. 6 Ahoy p 11, V 1 iii. Zig rilNi4 :IltailFir i 11 II 4 NO Ilk 1-5 i • OW WO WI Pictometry View Looking west. Looking south. Overview — Splinter Addition Shelby J. Splinter, Gene R. Splinter 129 Surrey Trail 5 Apple Valley, MN, 55124 June 27, 2018 Re: Splinter Addition Documents and Overall Plan This package of documents involves two main items (1) a land swap between the 135 Surrey Trail South property, and that of the 129 Surrey Trail South property (see diagram) and (2) 129 will then prepare the land for a garage. Land Swap: Notice that the 135 property wraps around behind the 129 property's west line for some sixty feet wide by approximately 150 feet deep. That property is pie -shaped, with the widest portion abutting the 129 property's west line. 135 will receive 9.2 feet, and 129 will receive the 53 x 150 feet triangle. The Splinter Addition drawings detail the new plat for the 129 property. Garage: 129 intends to build a garage on the newly acquired property. To do so, seven trees will need to be removed, land excavated, and a driveway built. This land drops down eight feet or more from the current 129 property, so little will be seen. In order to save two significant oak trees, the design is in an "L" shape, with the main footprint being 22' x 28', and a 10' x 12' portion being added on the southeast corner. That "L" will be cut into the hill. The intention is to make a gazebo over a flat roof of the 10 x12 to hide as much of the garage from the street as possible. With shrubs and the gazebo, little, if any of the main portion of the garage roof will be seen. The gazebo floor will be at the height of the lawn, so technically, this is a two-story garage, but care has been taken to make an appealing look to this structure from the street as well as our lawn. Please see the Garage Layout document for images. — end of document — S: P oje t Apple Va e RUMOU NG oN '8 L-6—L-4g16Vb^^pANo11100 100 INd S0,9 �O 1-I HS 263.95 MEAS. NO2.10.-.18"E TOTAL /MPERI,'IOUS AREA = 5,89959- 2986 % g o L 2)A I /1n AIt\I/1 I III I^ r -/1i ILjmI I A nnlmIr I ~ /-\L__/IVIII v�/ rI IL_L_..; 1 \JV I \ I fl /-\Uvl 1 I\JI v 244.46 PALOM/NO H/LLS 263.95 ME45 NO2.10'38 "E 'N) o 7 \ • • • \ ?O O\ � N -'1 .- NI (--\n 1l v 1 v C� \' 1 SII 6v / m 72,1 \ \ in C: - H C0 - H rJ • cy oc)/\1(6 OV /$ N _� /�`, // N,� til i 4r\-- / / • ©5 P g • C\ • 5 \ \6\>'\,\ >'\ , \ \\N J•�/ 9� MuLf,£'Z.50N 5l 'SL z co N13 O� \-', vt_J- 3 0 1 12' from floor to peak Garage Layout 129 Surrey Trail S 7/18/2018 Building footprint = 26' x 24' & 10' x 12' Roof Pitch = 4/12 Overhang = 24" — N, E, & 5 sides, 48" — W side Dotted lines indicate roof line 14' from floor to peak 10' 10' 10' 12' 14' End View (North end) 16' Door Side View (east side) 24' 1046.0 HIII,.1^ FOURTH rev vl ivi� 28395 ME. NO2'W0:38 E " 68 Mar.,fZSON CI SIL o TN, wcn (INF OF To, 5,1/0 Or THE o,/ NOLLiaa ' S31NI7dS es. CITY OF Apple Valley MEMO Public Works TO: Kathy Bodmer, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: July 26, 2018 SUBJECT: Splinter Subdivision, Vacation and Variances. Site 1. No structures are allowed within drainage and utility easements (including foundations). 2. Driveway grades should be indicated on plan. Ordinance requires driveway grades to not exceed 10%. 3. A building permit is required for any wall that exceeds four (4) feet in height (from bottom of footing to top of wall). Label height of proposed retaining wall. 4. Include drainage arrows and additional elevations to ensure existing drainage patterns are maintained. Contractor is required to grade site to not impact adjacent properties. The use of BMPS's for storm water runoff is encouraged to be incorporated into site/building design. Permits 5. A Natural Resource Management Permit (NRNP) will be required prior to any land disturbing activity commences. ... .... •••• ..• l App Valil ley ITEM: 5.A. PLANNING COMMISSION MEETING DATE: August 1, 2018 SECTION: Land Use /Action Items Description: Dakota County Residential Organics Drop Off IUP - PC18-18-IUP Staff Contact: Kathy Bodmer, Al CP, Planner Department / Division: Community Development Department Applicant: Dakota County Environmental Resources Project Number: PC18-18-IUP Applicant Date: 6/20/2018 60 Days: 8/18/2018 120 Days: 10/17/2018 ACTION REQUESTED: In order to grant an interim use permit (IUP), the City must find that the following conditions have been met: 1. The use is deemed to be temporary in light of the comprehensive guide plan and the use conforms to the zoning regulations; 2. The date or event that will terminate the use can be identified with certainty; and 3. The use meets the standards set forth in the zoning regulations governing conditional use permits. Staff finds that the requested IUP to operate a residential organics drop off facility at the Western Service Center, 14955 Galaxie Ave, does not meet the conditions for issuance of an IUP. As a result, staff is recommending denial of the request. However, staff is providing guidance for two other actions the Planning Commission may consider. 1. To Deny: If the Planning Commission concurs and wishes to recommend denial the IUP, it should identify findings for why the requested IUP does not meet the City Code requirements. Below is a suggested list for the Planning Commission's use. Findings for Denial: 1. The City of Apple Valley supports opportunities for residential organics recycling and believes residents benefit from conveniently placed residential organics drop off sites. However, the Dakota County Western Service Center site is not a suitable location in the City of Apple Valley. 2. A trash enclosure is required at WSC and is proposed to be expanded to accept residential organic waste for recycling in the same location. A 163,000 sq. ft. office building is required to manage only its building waste. 3. Working collaboratively with the City, alternative locations could be identified in support of residential organic recycling for and within Apple Valley. 4. Issuing an IUP for a 6 -year period is not a temporary use of the property. 5. Conducting a residential organics drop-off facility at the Western Service Center is not consistent with the Comprehensive Plan designation for one of the primary institutional uses in the center of the City's Downtown. 6. Conducting a residential organics drop-off facility at the Western Service Center does not meet the standards set forth in the zoning regulations governing conditional use permits. 7. The Minnesota Pollution Control Agency (MPCA) defines a "Source Separated Organic Material Drop -Off Site" as a waste "Transfer Station." The site is further defined as a limited solid waste collection services transfer facility. A waste transfer station is not listed as a permitted, conditional or accessory use in the P zoning district or any other zoning district in the City. 8. Potential nuisance impacts from a poorly managed waste disposal facility include insect, bird, rodent and rat issues; odors; unsightliness; abandoned hazardous and difficult -to -dispose waste. Any lapses or carelessness in the management of the facility could result in the creation of nuisances that could impact the entire Downtown and commercial center of the City. 9. The proposed residential organics container/drop-off area will be approximately 490' from the weekly farmer's market, 460' from the nearest restaurant, Bogarts, and approximately 780' from IHOP, Noodles and Jimmy Johns. The site will be approximately 1,000' from the nearest grocery store, Fresh Thyme. 10. There are other possible sites controlled by the County and City that could be explored, offering sought after organic recycling to Apple Valley residents. 11. Central maintenance and park maintenance locations can be explored that have an industrial character more consistent with a proposed waste collection and transfer use. 2. To Approve: If, on the other hand, the Planning Commission wishes to approve the IUP request, staff is recommending that it be approved with conditions. The following conditions are recommended: 1. The interim use permit shall be valid for a period of one (1) year from the date of approval. Thereafter, the use shall be evaluated to determine whether to extend the IUP, amend the ordinance, or terminate the IUP. 2. The organics deposited at the site must be collected a minimum of twice weekly. 3. A maximum of 12 yards of residential organic material shall be transferred through this site. 4. The dumpster enclosure shall be constructed of in accordance with the site plan, A4 dated September 26, 2017, and revised April 12, 2018, and the elevation plan, A5 dated September 26, 2017, and revised April 12, 2018, with the condition that a landscape island shall not be removed, but may be reconfigured, on the east end of the dedicated parking spaces. 5. The exterior of the dumpster enclosure shall be maintained in good condition and the dumpster lids shall remain closed except when in use. 6. Any unwanted waste material left outside the enclosure shall be removed within 24 hours. 7. A routine cleaning and sanitizing strategy shall be submitted at the time of application of the building permit that provides for weekly sanitation of the facility. The site shall be sanitized weekly. 8. Access for residents shall be limited to the hours of 5:00 a.m. to 10:00 p.m. 9. Access to the organics dumpster shall be by means of a secure access. 10. The organics dumpster site shall be inspected daily to ensure proper maintenance. 11. Only self -hauled residential organic waste and organic waste generated at the WSC and Apple Valley Library may be accepted at this location. 3 . Request Additional Information: The Planning Commission may choose to not take action on the item if there are additional questions or information that is still needed before action can be taken. The Planning Commission may wish to direct staff to meet with Dakota County staff to explore alternative drop-off locations. SUM MARY: Dakota County requests consideration of an interim use permit (IUP) to operate a residential organics drop-off facility at its Western Services Center (WSC) at 14955 Galaxie Ave for a period not to exceed six years. BACKGROUND: Dakota County would like to expand its dumpster enclosure area on the north side of the Western Service Center (WSC) building to create a secured enclosure area for residents to drop off bagged organics waste. Residents who sign up for the program would be given a code to access the secured organics dumpster. Access to the site would be available from 5:00 a.m. to 10:00 p.m. daily. The dumpster would be a 6 -yard dumpster and the County estimates it would be collected a minimum of two times per week. Approximately 1,400 residents are expected to participate and dispose an average of 10 yards of organics per week. The WSC is located in the "P" (Institutional) zoning district. The "P" district does not have a provision to allow operation of a waste collection or waste transfer facility. It is not listed as a permitted, conditional or accessory use. A compost collection area for the building would be permitted in the zone to service that facility. However, the site will be available for the public to use which changes the use to a waste collection/waste transfer facility. Interim Use Permits: An interim use permit is a permit that allows a temporary use of the property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. Dakota County requests the IUP for a period of six years or until curbside collection of organics is widely available to County residents. The interim use permit is a request for a temporary use that is expected to be needed for a limited time period. In general, the City issues IUPs for no longer than one year. NPs must meet the same standards as a conditional use permit. Residential Organics Drop Off: Organics includes food waste, non -recyclable paper and certified compostable products. The County estimates that more than one-third of what is thrown away as trash could be composted. Waste collected at the organics drop-off site would be hauled to a commercial composting facility outside of Rosemount. Analysis: The WSC building is a government services building with a connected library. It provides general offices for County staff and court facilities. Dakota County wishes to locate the drop off facility at the WSC building because it is conveniently located in the City's Downtown and centrally located for many residents. An analysis of potential locations found that this location had the highest number of households within a two mile radius. The City will need to determine whether the proposed drop off facility is compatible with the use of the building as a service center building and its location in the Downtown area of Apple Valley. The Apple Valley Downtown is the commercial center of the City and contains a mix of office, retail, service, restaurant and grocery businesses. A less -than -well- maintained drop-off facility could attract rodents, rats, create odors and negatively impact the Downtown. The two existing Dakota County Organics Drop -Off Facilities are located on park property which provides a buffer between the drop-off area and abutting properties. The City of Apple Valley supports opportunities for residential organics recycling and believes residents benefit from conveniently placed residential organics drop off sites. However, the Dakota County Western Service Center site is not a suitable location. City staff would be happy to work with County staff to identify suitable locations in the City. An ordinance amendment or IUP would likely be needed wherever the site is located in the City. BUDGET IMPACT: N/A ATTACHMENTS: Background Material Map Map Applicant Letter Plan Set Memo Photo Dakota County Residential Organics Drop Off IUP PROJECT REVIEW Existing Conditions Property Location: 14955 Galaxie Ave Legal Description: Lot 1, Block 1 Western Service Center Comprehensive Plan Designation INS - Institutional Zoning Classification P - Institutional Existing Platting Platted Lot Current Land Use Government services facility, library and court house. Size: 15.52 acres Topography: Flat Existing Vegetation Urban landscape Other Significant Natural Features N/A Adjacent Properties/Land Uses NORTH Apple Valley Municipal Center/AVPD and Anderson Mortuary Comprehensive Plan INS -Institutional and C -Commercial Zoning/Land Use P -Institutional and PD -290, Zone 1 SOUTH 150th Street W (CSAH 42) and CVS, M & I Bank, and MN Auto Service Comprehensive Plan C -Commercial Zoning/Land Use PD -244 and GB -General Business EAST Fischer Marketplace Comprehensive Plan C -Commercial Zoning/Land Use PD -646, Zone 2 WEST Apple Place Bowl/Bogarts and DEQO Comprehensive Plan C -Commercial Zoning/Land Use PD -290, Zones 1 and 2 Development Project Review Comprehensive Plan: The Comprehensive plan guides the development of the site for "INS" (Institutional) uses. The 2030 plan states Downtown Apple Valley is the civic center of the City and is the location for city offices, county service center, county library and the post office. The plan also states "The City will support the Downtown as the primary shopping, service and activity center within Apple Valley." In relation to institutional uses, the plan states the following: "The City seeks to maximize the local benefits of regional park and institutional uses while avoiding expansion or changes in use that have a significant negative impact on adjacent properties." Zoning: The property is zoned "P" (Institutional) which allows uses such as schools, libraries, art galleries and churches. Governmental service centers, administrative offices and maintenance facility buildings are also permitted in the zone. The Minnesota Pollution Control Agency (MPCA) defines a "Source Separated Organic Material Drop -Off Site" as a waste "Transfer Station." Waste transfer stations are not listed as a permitted, conditional or accessory use in the P zoning district. The petitioner states that the organics drop-off location provides a public a service like the other services offered at the building. A waste collection or transfer facility, open to the public, is not allowed in the P -Institutional district or any zoning district currently in the City of Apple Valley. In fact, the City removed refuse or garbage disposal facilities from the list of allowed conditional uses in the "I-2" (General Industrial) zoning district when the I-2 district was updated in 2015. The City updated its zoning code in 2015 to remove some of the uses with the greatest number of nuisance characteristics in the City's most intense industrial zoning district. The City found that solid waste facilities were not appropriate in a fully developed suburban community. An Interim Use Permit (IUP) is a permit that allows for temporary use on a property until one of three events occurs: until a specific date, until the occurrence of a particular event, or until the zoning regulations no longer permit it. The City normally limits IUPs to a one-year period. City staff advised that the County's IUP should be for a period of one year; after that an ordinance amendment should be pursued. The County prefers to move forward with a request for a 6 -year IUP. § 155.401 regulates IUPs and provides the conditions under which the permit may be issued. 1. 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; 2. The date or event that will terminate the use can be identified with certainty; 3. 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; 4. The user agrees to any conditions that the Council deems appropriate for permission of the use; and 5. The use meets the standards set forth in the zoning regulations herein governing conditional use permits. The comprehensive plan designation for the property, "P" (Institutional) does not specify waste collection or transfer facilities as an activity allowed in an institutional district in the Downtown. The interim use must meet the standards set forth in the section that addresses conditional use permits, which includes the following: 1. Will not be detrimental to or endanger the public health, safety, or general welfare of the neighborhood or City. 2. Will be harmonious with the general and applicable specific objectives of the comprehensive plan and code provisions. 3. Will be designed, constructed, operated and maintained so as to be compatible or similar in an architectural and landscape appearance with the existing or intended character of the general vicinity and will not change the essential character of that are. 4. Will be served adequately by existing essential public facilities and services. 5. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be hazardous or detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. Will have vehicular ingress and egress to the property which does not create traffic congestion or interfere with traffic on surrounding public streets. 7. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8. These standards apply in addition to specific conditions as may be applied throughout the code. Dakota County staff state that they will carefully manage the site to ensure that it does not become a nuisance. However, any lapse in maintenance or carelessness could lead to nuisance issues. A review of aerial photos during the last several years shows that the dumpster area is often not well maintained. Photos taken in April 2018 show waste and materials outside the dumpster and dumpster lids open. Potential nuisance impacts from a poorly managed waste disposal facility include insect, bird, rodent and rat issues; odors; unsightliness; abandoned hazardous and difficult -to - dispose waste, etc. City Planning staff is concerned that any nuisances resulting from this area could impact the entire Downtown and commercial center of the City. Staff estimates that this container/drop-off area will be approximately 490' from the weekly farmer's market that takes place in the Municipal Center parking lot on Saturdays. The site is approximately 460' from the nearest restaurant, Bogarts, and approximately 780' from IHOP, Noodles and Jimmy Johns. The site will be approximately 1,000' from the nearest grocery store, Fresh Thyme. Preliminary Plat: Platted parcel. No platting is requested or required for this request. Site Plan: The petitioner would like to expand its existing dumpster enclosure area on the north side of the WSC building by the loading dock. The enclosure would be expanded to 37' x 14' or 518 sq. ft. The enclosure would be constructed so that a 13' x 14' or 182 sq. ft. separate enclosure within the expanded enclosure would be located on the north end. Organics drop off would occur on the north side of the dumpster enclosure and would be accessed by a door that would have a lock for security. Those who participate in the program would be given a code to unlock the door. The dumpster enclosure would have an internal fence that would separate the WSC refuse from the organics drop off area. The site plan shows that an existing landscape island would be removed and a parking space reconfigured to provide two wider -than -typical parking spaces. The island should be reconstructed to provide a clear drive lane. Collection of the garbage, organics and recycling would occur on the west side of the enclosure where 10' wide doors will be constructed. Grading Plan: Minimal grading will be needed to expand the existing dumpster enclosure area. There is a slight slope on the area beginning near the docks and descending to the north. Elevation Drawings: The elevation drawings show that the enclosure area will be constructed of concrete block and face brick that will match the exterior of the WSC building. The container screen would be 7' 9" tall from the parking lot to the top of the sill. This should ensure complete screening of the dumpster containers. There is a concern that this structure would not serve as an "interim" structure, but would be a permanent structure. The future use of this dumpster area should be specified. Landscape Plan: No landscape plan provided. Availability of Municipal Utilities: N/A Street Classifications/Accesses/Circulation: • CSAH 42 (150th Street W.) — Principal Arterial street. • Galaxie Ave — Collector street. • Garrett Ave — Local commercial street. Pedestrian Access: Pedestrian access is available through the site from Galaxie Ave to the east side of the building which connects to sidewalk around the north side of the building. Pedestrian routes from the west side of the site are not available. Most pedestrians and cyclists are likely to enter the site from the east or the south. Public Safety Issues: Public drop-off facilities can be problematic because they can attract dumping of difficult to dispose of items like tires, televisions, yard waste, etc. The petitioners state that the residential organics drop off is different because only those who are participating in the program will have access, and they will only have access to the organics dumpster. The County states that they do not experience issues with drop off of unwanted items at any of their existing drop-off facilities, although they do note one instance of illegal dumping of yard waste at the Holland Lake Trail site. Recreation Issues: None identified. 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: The public hearing for this item was held on July 18, 2018. The following is a summary of the comments received. 1. Why was a six year time -frame requested? Staff response: The MPCA requires Dakota County to update its Solid Waste Master Plan by 2040. At that time, the State may direct counties to make curbside collection of organics available to all residential customers. 2. What was the County's method for selecting this site? What other sites were considered? Staff response: Dakota County provided supplemental information showing additional sites considered in Dakota County for residential organics drop off locations. The exact methodology for selecting the WSC site in Apple Valley is not discussed. The previous material indicated that Dakota County preferred the WSC site because it was centrally located within an area with high population and number of households, there is room available on the site to expand the dumpster area, and two parking spaces could be dedicated to the drop -site. Staff reviewed other sites in Apple Valley that might be better suited for a residential organics drop off site. A GIS study found the following population and households within a two-mile radius of a couple of alternate sites in Apple Valley: Site Location: Western Service Center AV Central Maintenance Facility Dakota County Camp Ground West Side Lebanon Hills Park Population: 42,490 37,507 26,327 Households: 14,666 12,690 9,160 The population at the two suggested alternate sites is lower than WSC, but still very strong when compared with the other sites currently under consideration by Dakota County. By comparison, the Robert Trail Library in Rosemount has an area population of 24,797, the Dakota County Highway Department building in Hastings has a population of 21,312, and Inver Glen Library in Inver Grove Heights has a population of 20,426. An IUP or ordinance amendment would still be needed at the alternate sites, but they are more compatible with the uses in the area. 3. Was a lighting plan included with the plan set? Staff response: The County submitted the lighting plan that was approved in connection with the approval of the WSC building when originally constructed. No additional lighting is considered. Two pole lights and a wall -mounted light are in the vicinity. 4. Confirm the height of the dumpster wall compared to the height of the enclosure height. Does the enclosure fully screen the dumpster? Staff response: Yes, the height of the dumpster to the peak is 5.8', the enclosure wall plans show it will be 7.75'. 5. Several testified in support of a residential organics drop off facility at this location: • Convenient when already in Downtown Apple Valley running errands. • Organics recycling helps to make people aware of how much food waste is discarded. • Instead of drawing people to Eagan, this site will be an incentive for people to shop in Apple Valley. • This location would help raise awareness concerning organics recycling. • City has opportunity to become a leader on this issue. Staff response: Comments noted. DAKOTA COUNTY RESIDENTIAL ORGANICS WASTE DROP-OFF LOCATION MAP 40 r42 I' 1 f � ...-....,...L - i '4 4 k I 114 ires trl 0 . Fie% rap) MIR r r� priCei -' -7.11L11111(1111'111111L rir" "F"TrT 4:th;:11111! 3 - 121_4e 10 D a kOta County Library DAKOTA COUNTY RESIDENTIAL ORGANICS WASTE DROP-OFF 4- .061a • d. 'Frl liNawywwww A liNtielr 0 N114-J.Awm- virffil ) '10-0%. '4 fUILI.A__rWaiilat .- 4160 vita= L PiiitWiniWr., 44A61411YS'Ilitiriit kilo 44. Sp4. hug, 11,744X1 ligrri" ftiPit, .. a NI glitail 0 1/ 4.dt t a FrItMtill 1Mbe If.Pliiip_gritrE 0-47"." .-Tirle Pik j".7111:1:1 "1 'LAI I-1 1-2 p vv w 0 w 0 150TH ST \NI P I -254 I515TSTW PD -254 GAIS'CLLA 37 -J� 1 1- 1 - VV 152NU b I VV DAKOTA COUNTY RESIDENTIAL ORGANICS DROP-OFF ZONING MAP App Valley t u -1, • J I ;_w-at,imitra-._,,trtitter filla: 4 ill h-- 4-474.611 P. :1 0 . J-1 ilt .60 tik Oka l ■��!. '1 Jiill iiJIITT 11.] �. • I fApple`ialley , Farmers Market • ` I i11'1J' 111-Jl.1-I,. �WllJ rripl '1 1'1 1[-8111 Fir l• Fel -(1 !It -@. Dakota County Western Service Center r $ii 1i 00 VT Jail le- Dakota County Library +17: Sa, i Ii9 6' Iii 0;e`IF7 I, •T.a;,r is akota CountlIS DAKOTA COUNTY RESIDENTIAL ORGANICS WASTE DROP-OFF Physical Development Division Steven C. Mielke, Director Dakota County Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124-8579 952.891.7000 Fax 952.891.7031 www.dakotacounty.us Environmental Resources Land Conservation Groundwater Protection Vermillion River Watershed Waste Regulation Water Resources Environmental Initiatives Office of Planning Operations Management Facilities Management Fleet Management Parks Transportation Highways Surveyor's Office Transit Office COUNTY DATE: July 24, 2018 TO: Kathy Bodmer, AICP; Planner, City of Apple Valley Community Development FROM: John Exner; Environmental Specialist, Dakota County Environmental Resources Department SUBJECT: Dakota County Residential Organics Drop Off Interim Use Permit Request, Supplemental Information, PC18-18-IUP Ms. Bodmer: Thank you for the opportunity to discuss the residential organics drop-off program and Interim Use Permit request at the July 18, 2018, public hearing hosted by the City of Apple Valley Planning Commission. Enclosed, please find supplemental information in response to comments made during the public hearing that includes the following: • Memorandum with attachments regarding Environmental Assessments from Georg T. Fischer, Environmental Resources Department Director Western Service Center Lighting Plan — please note there have been no changes to the original plan approved by the City of Apple Valley, with the exception of converting to LED fixtures earlier this year. County Site Selection Worksheet and Map We look forward to the upcoming Planning Commission meeting on August 1, 2018. Please contact me if you have any questions or request further information. Physical Development Division Steven C. Mielke, Director Dakota County Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124-8579 952 891.7000 Fax 952.891, 7031 www.dakotacountv.us Environmental Resources Land Conservation Groundwater Protection Vermillion River Watershed Waste Regulation Water Resources Environmental Initiatives Office of Planning Operations Management Facilities Management Fleet Management Parks Transportation Highways Surveyor's Office Transit Office COUNTY DATE: July 20, 2018 TO: Tom Melander, Chair, City of Apple Valley Planning Commission FROM: Georg T. Fischer, Environmental Resources Department director'_ 77/ SUBJECT: Dakota County Residential Organics Drop Off IUP- PC18-18-IUP and Environmental Assessments Mr. Chair: This memorandum is intended to address comments made by Apple Valley city staff during the July 18, 2018 Public Hearing to consider Dakota County's request for an Interim Use Permit for a Residential Organics Drop Site at the Western Service Center. During the Public Hearing, city staff asserted that siting an organics drop site at the Western Service Center "(b)ecomes an impediment to any adjacent property owner" due to the identification of the drop site on Environmental Assessment documents and that "Because its unusual, it becomes noted and because it is noted it becomes part of the record, and because it becomes part of the record it effects the evaluation of that property for purchase of use". This assertion is not accurate. Source separated organics material drop sites that are not affiliated with existing permitted solid waste facilities are considered "limited solid waste collection service transfer facilities" and regulated under Minnesota Rules, 7001.3050, subp 2, item I (see MPCA Fact Sheet -Attachment 1). These sites are exempt from permitting as a solid waste facility. The proposed site would not be listed by the Minnesota Pollution Control Agency as a solid waste disposal site and will not be identified in Environmental Assessments for adjacent properties. Therefore, approval of the proposed organics material drop site would not result in any impediments to the sale of adjacent properties as the result of an Environmental Assessment. Environmental Assessments are used to identify Recognized Environmental Conditions (REC's) so that a party may avoid liability for environmental contamination an a property they seek to purchase. This is accomplished by conducting a due diligence assessment that meets the "all appropriate inquiry" requirement in federal Superfund law. REC's are defined as "the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater or surface water of the property". These conditions are typically identified by a review of federal and state records including the following: • Federal National Priorities (NPL) list • Federal Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) list • Federal CERCLIS No Further Remedial Action Planned (NFRAP) Site list • Federal Resources Conservation and Recovery Act (RCRA) CORRACTS list — hazardous waste facilities subject to corrective action under RCRA • Federal RCRA Transportation, Storage and Disposal (TSD) Facilities list • Federal RCRA hazardous waste generator list • Federal Emergency Response Notification System (ERNS) list • State List of hazardous waste sites identified as needing investigation or remediation • State equivalent of NPL • State equivalent of CERCLIS • State landfill and/or solid waste disposal sites • State leaking UST lists • State registered UST list • Local records may also be reviewed As indicated, the proposed organics drop site would not appear on any of these lists, and therefore would not be an issue identified on an Environmental Assessment. The Dakota County Environmental Resources Department is routinely asked to provide information for use by consultants in developing Environmental Assessments for properties in Dakota County. An example of such a product and the types of facilities that are identified, using the Apple Valley City Hall as an example, is provided in Attachment 2. Sites that do appear include numerous hazardous waste generators, underground storage tanks, and previously identified contaminated sites. A summary of the pertinent Statute and Rule language related to source separated organic material drop-off sites is provided in as part of Attachment 1. The proposed Residential Organics Drop Site at the Western Service Center has been designed to achieve compliance with all of these statutes and rules. Attachments: 1. Source separated organic materials drop sites, Minnesota Pollution Control Agency, June 2017. 2. Environmental Review Map: Apple Valley City Hall ATTACHMENT 1 rnMINNESOTA POLLUTION CONTROL AGENCY www.pca.state.mn.us Source separated organic material drop-off sites Aside from a limited number of curbside programs, much of the current interest in collecting source separated organic material (SSOM) is on a small scale, and in situations where residents are self -hauling material to a single collection point. These collection sites are not compost facilities, but serve as a place to consolidate SSOM so it can be efficiently transported to a compost facility. These sites are called Source Separated Organic Material Collection Sites by the Minnesota Pollution Control Agency (MPCA), but are often referred to as "organics drop- off sites" or by similar names in local programs. SSOM collection sites are transfer stations based on the definition in Minn. Stat. 115A.03, subd. 33, which states that: "Transfer Station" means an intermediate waste facility in which waste collected from any source is temporarily deposited to await transportation to another waste facility. SSOM collection sites may be co -located at existing solid waste facilities, such as yard waste composting facilities (which may not compost food waste onsite), recycling facilities, and transfer stations. Other collection sites may be stand-alone, such as in a public park. The process for setting up an SSOM collection site depends on where it is located. The instructions for each of the two types of facilities are below. Drop-off sites at existing permitted solid waste facilities Existing permitted facilities, such as transfer stations or yard waste sites, are potential sites for the temporary collection and transfer of SSOM. Some of these facilities operate under a Permit -by -Rule (PBR), while others have full permits. An annual report is required from all of these facilities. If a facility that currently has a solid waste PBR or permit through the MPCA would like to add SSOM collection as an activity at their facility, they shall do the following: Facilities with a PBR Complete the Source Separated Organic Materials Transfer Facility PBR Notification form (document number w-sw3-42). Submit the form to: Facilities with a Permit Solid Waste Permit Document Coordinator Minnesota Pollution Control Agency 520 Lafayette Road North St. Paul, MN 55155-4194 Contact a permit engineer at the MPCA to discuss the modification needed. Drop-off sites in other locations Many SSOM collection sites will not be affiliated with an existing facility such as a yard waste composting facility, recycling facility, or transfer station but will fit the definition of a limited solid waste collection services transfer facility. These facilities are regulated under Minn. R. 7001.3050, subp. 2, Item I. These organics drop sites exist in areas like parks, or in an enclosure in a parking lot or other similar locations. Minnesota Pollution Control Agency June 2017 w-sw3-57 651-296-6300 1 800-657-3864 or use your preferred relay service I Info.pca@state.mn.us Available in alternative formats These facilities are required to: • Only accept material from residents who self -haul. • Meet locational standards established in Minn. R. 7035.2555 and comply with local zoning requirements. • Meet capacity and storage standards (under 40 cubic yards of material onsite at any given time and per day, stored in an impervious container). Due to the nature of SSOM and the potential for nuisance conditions at larger volumes, the MPCA recommends that limited solid waste collections services transfer facilities maintain a capacity of 10 cubic yards or less on site at any given time. • Transport SSOM to a licensed, permitted, or otherwise approved facility. • Notify the county's Solid Waste Administrator prior to establishing the facility and comply with any local registration requirements. These facilities are not required to: • Register with the MPCA • Obtain a PBR or permit • Submit a solid waste annual report The MPCA will coordinate with the host county should any compliance issues arise. Compliance with all applicable rules is required. Rules governing these sites can be found on pages 3 and 4 of this document. Definition of SSOM SSOM is defined in Minn. R. 7035.0300, subp. 105a, and includes source -separated compostable materials and yard waste (as defined under Minn. Stat. § 115A.03, except sanitary products and diapers), vegetative wastes generated from industrial or manufacturing processes that prepare food for human consumption, and compostable materials that meet the standards in ASTM D6400 and ASTM D6868, incorporated by reference under part 7035.0605. Unless specifically permitted by the commissioner under part 7001.0150, source -separated organic material does not include animal wastes such as manure or carcasses, fish wastes generated from industrial or manufacturing processes, meat by-products generated from industrial or manufacturing processes, sanitary products, or diapers. SSOM does not include septage or sewage sludge, as defined in part 7041.0100, subp. 49. Page 2 of 4 June 201? I w-sw3-57 Rules governing limited solid waste collection services transfer facility 7001.3050 Permit requirements Subp. 2. Exclusions. A solid waste management facility permit is not required: I. for a limited solid waste collection services transfer facility that directly accepts waste from individual residents that self -haul, provided the county where the facility is located, has determined that the facility is necessary due to limited availability of solid waste collection services, and: (1) all waste is managed and stored in containers or roll -off boxes constructed of impervious material (2) no more than 40 cubic yards of waste are stored on site at any given time (3) no more than 40 cubic yards of waste are managed on site per day (4) removal of waste occurs when the capacity of the container is reached or more often as necessary to prevent nuisance conditions 7035.2525 Solid waste management facilities governed Subpart 1. General requirements. Parts 7035.2525 to 7035.2915 apply to owners and operators of all facilities that treat, transfer, store, process, or dispose of solid waste except as specifically provided otherwise in this part. Subp. 2. Exceptions. Parts 7035.2525 to 7035.2915 do not apply to the following solid waste management facilities or persons, except as indicated: K. limited collection transfer facilities in compliance with part 7001.3050, subpart 2, item I, must only comply with parts 7035.2535, subpart 1; 7035.2555; 7035.2565, subparts 1, 3, and 4; and 7035.2870, subpart 2 7035.2535 General solid waste management facility requirements Subpart 1. Unacceptable wastes. The owner or operator of a solid waste management facility must not accept the following wastes for treatment, storage, processing, transfer, or disposal: A. Hazardous wastes, categorized according to Minn. Stat. chs. 115E and 116, and Minn. R. ch. 7045, or wastes that have not been evaluated pursuant to parts 7045.0214 to 7045.0217 B. Sewage sludge, septic tank pumping's, sewage sludge compost, or sewage unless treated to meet the Class B pathogen reduction standards of chapter 7041 C. Infectious wastes, unless approved by the agency D. Used oil, except as provided in subpart 5, item B E. Radioactive waste F. Wastes containing free liquids G. Free liquids 7035.2555 Location standards Subpart 1. Floodplains. An owner or operator may not locate a new solid waste management facility in a floodplain. Subp. 2. Other location standards. An owner or operator may not establish or construct a solid waste management facility in the following areas: A. within a shoreland or wild and scenic river land use district governed by chapters 6105 and 6120 B. within a wetland C. within a location where emissions of air pollutants would violate the ambient air quality standards in chapters 7005, 7007, 7009, 7011, 7017, 7019, and 7028 and parts 7023.0100 to 7023.0120 Page 3 of 4 June 2017 1 w-sw3-57 7035.2565 Groundwater quality, surface water quality, air quality and soil protection Subpart 1. Duty to protect water. Solid waste management facilities must be located, designed, constructed, and operated to contain sediment, solid waste, and leachate and to prevent pollution of groundwater and surface water. The owner or operator must take corrective action as necessary to end continuing releases and to minimize or abate any resulting ground water or surface water pollution. As required by parts 7050.0150 and 7050.0600, the owner or operator must monitor the facility, surface water, and ground water as directed by the agency. Subp. 3. Air quality protection. A person, who operates or maintains a solid waste management facility or permits the use of property for such, must operate and maintain the site in conformance with the agency air pollution control rules. Open burning is prohibited, unless a permit is obtained as provided in Minn. Stat. § 88.17 and the material to be burned complies with Minn. Stat. § 88.171. Subp. 4. Soil protection. Solid waste management facilities must be located, designed, constructed, and operated to minimize the contamination of soils from solid waste. For this subpart, soil contamination does not include soil liners. 7035.2870 Solid waste transfer facilities Subpart 2. Delivery of solid waste. No waste may be transported from a transfer facility unless the owner or operator has reasonable belief that the person or facility receiving the waste may lawfully do so under applicable federal, state, or local rules. Reasonable belief means that the owner or operator has verified that the person or facility receiving the waste holds a valid license, permit, or other approval, or that no such approval is required. Page 4 of 4 June 2017 1 w-sw3-57 ATTACHMENT 2 Review Map Environmenta F A 111120=14 v 1 o Et o • I II 4J �4 'IR �A # tl • "..«.- . ..,$..aa..•Ir;iaiii r 1.011 i�i11i1111;1t1111;€I1K141tf11 1ll Iuil i 1 ;" {IE 11 11 Ili ' I Pl11; 1 K 1 e Ij 1 ' i Bill! 1 ...h3. t I�illlifl.11. .Itauenut tl rl 1l..0.9 t;', 1; Illlliii ll iiiiii litolll`i'I,j.1 i.!;; Iii; 111-11 �I1j3 1 11.1" i ilyil th oh�'l 1 1 it i 1 r4i i 1 i 1&i Ii i !Ii Ii 11 3r �F11s9�°=i 1 11° i Jill r1V.Bilii 111 21 Jill 'a9 PAW. $ � a111 iiia a 1 ; EgiiE 11iii 111111 :P 11 ii '1al 7< 4 W I F r U 3 Residential Organics Drop -Off Site County Site Selection Worksheet Potential Site Locations Population Housing Participating Estimated Annual Annual Weekly Weekly Annual 'Cost Per (within 2 Units Households Weekly Volume, Diversion, tons Dumpster Service Cost Service Participating miles) (within 2 (estimated, Volume, cubic cubic yards (1 cubic yard = Capacity Needed, (^'$6.00/yard) Costs Household miles) 9.5% of yards (52 weeks 165 pounds) cubic yards households) (based on per year) (to prevent estimated overfill; usage; professional 0.007187 judgment; even cubic yards number for per dumpsters) household; rounded up) O LO N th- n 00 N tp LD LO m 'LA . 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City of Apple.. Valley MEMO Building Inspections TO: Kathy Bodmer, Planner FROM: George Dorn, Building Official DATE: June 20, 2018 SUBJECT: Dakota Co Residential Organics -Off Enclosure • SAC determination is required from Met Council 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. CITY OF Apple Valley MEMO Public Works TO: Kathy Bodmer, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: July 12, 2018 SUBJECT: Dakota County Residential Organics Drop Off IUP. Site 1. Existing curb island shall remain and not be removed as indicated on A4. The existing curb island geometry should be modified to fit the proposed new parking stalls for the proposed drop off from the parking lot to Waste Enclosure. The island will help with vehicle circulation within the site and adjacent to primary drive entrance. (City Code 155.349 (D) Landscaped islands shall be provided in parking lots containing more than 25 parking stalls. Total area of islands shall be at least 2% of the parking lot area, except that no island shall be less than the size of a standard parking stall. Islands shall be surrounded by a concrete curb and provided with a weed retardant mesh or plastic sheeting. Islands shall be planted with a minimum 2'/ -inch diameter tree at the rate of one tree per 150 square feet of island area. 2. Existing light pole in the parking stalls should be identified on A4. Landcape and Natural Resources 3. Additional Trees should be planted in the curb island in accordance with City Code 155.349 D for additional screening. WSC Dumpster Area — May 2, 2018 WSC Dumpster Area — May 2, 2018 WSC Dumpster Area — May 2, 2018 '1111m,„1,1111 CC CU L Q CU L N N 110 O rCo U C G W L f6 cu 2N a. L E cu = z 0 0 v) October 19, 2017 September 13, 2017 N 0 N N =1 0. 4 ottoPT Resident Correspondence From: Amber Bethke [mailto: ] Sent: Wednesday, July 18, 2018 11:06 AM To: Murphy, Joan Subject: Organics Recycling at Dakota County Western Service Center Good morning, I am a resident of Apple Valley writing to voice my strong support for the proposed Organics Recycling drop-off site at the Dakota County Western Service Center. My family and I moved to Apple Valley from St. Paul two years ago, and since then, I have been driving my organics recycling first to West St Paul, and now to Eagan. Organics recycling is an extremely effective method of reducing greenhouse gas emissions because, when composted, food scraps and other materials that are able to naturally decompose yield far less CO2 as compared to the conventional methods of disposal like landfill and incinerator. However, when multiple families are likely driving 20 miles round trip to drop off their organics recycling, a lot of that benefit is lost. I try very hard to drop off the organics when I have other business near the Lebanon Hills drop-off site in Eagan, but sometimes a special trip can't be avoided. Having a drop-off site in Apple Valley would be a tremendous benefit to families in the area and to the environment. In regards to the possible smell and potential to attract rodents, I have interacted with a number of different organics recycling drop-offs, both in St. Paul and Dakota County, over the years. None of them had odor problems when the dumpsters were kept closed. There is a smell when you open it to deposit waste, but when the bins are closed, you don't even smell it when you are right next to them. In addition, I understand that the proposed drop-off site would be an expansion of an already existing dumpster area. Presumably, the dumpsters already there contain both regular trash and material that could be composted. This has the same potential to attract pests as an organics dumpster. Having the organics dumpster there would also allow the Service Center to easily divert its own organics waste, should it so choose. It may also encourage residents to take further advantage of the services available at the Center (the library once it's reopened, Farmer's Market, etc). I urge the Planning Commission to grant the IUP for the drop-off site at the Dakota County Western Service Center. Thank you, Amber From: Mackenzie Vanderbeek [ Sent: Wednesday, July 18, 2018 9:10 AM To: Murphy, Joan Subject: Apple Valley Planning Commission Meeting - Organics Drop Off Hello- I am a resident of Apple Valley and currently participate in the Dakota County Organics drop off. I am unable to attend the meeting tonight, therefore wanted to send over some comments via email. My husband and I moved to Apple Valley 14 months ago and have greatly enjoyed living in Apple Valley and Dakota County. We have been collecting our organics for approximately 5 months with no prior experience or knowledge of composting or separating out our organics. We currently drive to the Lebanon Hills drop site located in Eagan, therefore we are excited for the potential opportunity of having a drop site in Apple Valley. Utilizing the organics drop site has allowed us to greatly reduce our household waste sent to the landfill each week. Throughout the process, we have also been able to identify where we were wasting food and thus have been able to make simple changes to reduce the amount of purchased food, not consumed, thus going to waste. I truly believe that collecting our organics and bringing them to the drop site will have a positive long term effect on both the environment and the community in which we live and work. I have been able to encourage other family and friends to also utilize the organics drop service. They also share in the excitement and understanding of the importance of reducing our waste sent to the landfills. Many of these families travel from Lakeville and Farmington to drop their organics off in Eagan. The benefit of having a drop site in Apple Valley will both encourage even more users as well as reduce the required distance that those participating would need to travel. This would reduce the air pollution created while disposing of organics waste. Thank your consideration in adding an organics drop sit in Apple Valley. I see such a strong future in the city of Apple Valley and Dakota County and am excited to raise my children in the area. The organics drop bin will enable the community to reduce landfill waste and help protect and preserve the environment and community for future generations. Thank you, Mackenzie Vanderbeek From: - [mailto: ] Sent: Monday, July 16, 2018 5:09 PM To: Murphy, Joan Subject: Residential Organics Drop Off Site Good evening, I am writing in regards to the proposed project of having a residential organics drop off site in Apple Valley. I think this would be a really great project! I currently bring my organics recycling to the location in Eagan since it is relatively on my way to work, but it would be better if there was a location in Apple Valley. I would use it multiple times a week to drop off the organic recycling from my family. The location is great, especially for our family after the library reopens. We are in that area frequently already so it wouldn't be a long errand for us to do on weekends or when we are not working (my husband and I are both teachers). I fully support this proposal and look forward to hearing how it does after the hearing on Wednesday. Vanessa Utell From: Hamer Ginger [mailto: ] Sent: Tuesday, July 17, 2018 9:19 AM To: Murphy, Joan Subject: Residential organics drop site I am elated to hear that a drop site for residential organics is being considered for Apple Valley. I live in southwestern Apple Valley and have been driving my organics over to Eagan since I learned about the program two month ago. In fact, I was planning to contact the county about creating a site in Apple Valley, and now I find that the process has already begun! Hurray! I am committed to organic composting and appreciate so much that our county/community has such a program. Ginger Hamer Hihview Drive, Apple Valley From: Brian Ernste [mailto: Sent: Monday, July 16, 2018 3:21 PM To: Murphy, Joan Subject: Organics Drop Off Location To Whom It May Concern- ] As a resident of Apple Valley, I strongly urge the city to approve the opening of a residential organics drop-off site, along with increased marketing to the general public on the availability of the resource. Our world is struggling with the increase of greenhouse gasses and residential waste. The City of Apple Valley has a civic duty to assist in doing our part to reduce this waste and work to keep the Earth clean. My family 100% supports the backing of this project and opening the discussion to making this a permanent fixture in our community. Future generations depend on us to take better care of our planet, making it a clean, healthy place to live. Thank you for your support. Regards, Brian Ernste 137th St W Apple Valley, MN 55124 004 ..0. 04400 4,001. 001. App ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 6.A. August 1, 2018 Other Business Description: Review of Upcoming Schedule and Other Updates Staff Contact: Joan Murphy, Department Assistant Department/ Division: Community Development Department ACTION REQUESTED: N/A SUMMARY: Next Planning Commission Meetings: Wednesday, August 15, 2018 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, July 18, 2018 • Site plan, variance applications due by 9:00 a.m. on Wednesday, August 1, 2018 Wednesday, September 5, 2018 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, August 8, 2018 • Site plan, variance applications due by 9:00 a.m. on Wednesday, August 22, 2018 Next City Council Meetings: Thursday, August 9, 2018 - 7:00 p.m. Thursday, August 23, 2018 - 7:00 p.m. BACKGROUND: N/A BUDGET IMPACT: N/A