HomeMy WebLinkAbout09/05/2018•••
••••
Apple II
Valley
Meeting Location: Municipal Center
7100 147th Street West
Apple Valley, Minnesota 55124
September 5, 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 August 15, 2018, Regular Meeting
B. Consider Approval of Wings Financial Building Signs
4. Public Hearings
A. Impervious Coverage Ordinance - PC 16-02-Z
Consider Ordinance Amending Chapter 155 of the City Code Related to
Impervious and Building Coverage on One- and Two -Family Lots and
within the Shoreland Overlay District
Location: City -Wide
Petitioner: City of Apple Valley
5. Land Use / Action Items
A. McCormick Computer Resale - PC18-21-VB
Consider Site Plan/Building Permit Authorization and Variances to
Construct a 23,700 sq. ft. Addition
Location: 14925 Energy Way
Petitioner: R.J. Ryan Construction and McCormick Computer Resale
B. Apple Valley Self -Storage - PC 18 -23 -FB
Consider Final Plat and Site Plan Building Permit Authorization of a Six-
Building/57,200 sq. ft. Cold Self -Storage Facility
Location: Northeast Comer of Upper 147th Street and Evendale Way
Petitioner: Don Hawkins - Apple Valley Storage
6. Other Business
A. Review of Upcoming Schedule and Other Updates
Next Planning Commission Meeting - Wednesday, September 19, 2018 -
7:00 p.m.
Next City Council Meeting - Thursday, September 13, 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
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ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
3.A.
September 5, 2018
Consent Agenda
Description:
Approve Minutes of August 15, 2018, Regular Meeting
Staff Contact:
Joan Murphy, Department Assistant
Department / Division:
Community Development Department
ACTION REQUESTED:
Approve minutes of regular meeting of August 15, 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
AUGUST 15, 2018
1. CALL TO ORDER
The City of Apple Valley Planning Commission meeting was called to order by Chair Melander at
7:00 p.m.
Members Present: Tom Melander, Ken Alwin, Paul Scanlan and David Schindler.
Members Absent: Tim Burke, Keith Diekmann and Jodi Kurtz.
Staff Present: City Attorney Sharon Hills, City Engineer Brandon Anderson, Community
Development Director Bruce Nordquist, City Planner Tom Lovelace, Planner Kathy
Bodmer and Department Assistant Joan Murphy.
2. APPROVAL OF AGENDA
Chair Melander asked if there were any changes to the agenda.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Schindler, approving the
agenda. Ayes - 4 - Nays - 0.
3. CONSENT ITEMS
MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan, approving the
minutes of the meeting of August 1, 2018. Ayes - 4 - Nays - 0.
4. PUBLIC HEARINGS
-NONE-
5. LAND USE/ACTION ITEMS
A. Splinter Addition Subdivsion and Variances — PC18-20-SVGF
Planner Kathy Bodmer stated 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).
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
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 15, 2018
Page 2 of 8
the garage behind the hill. Placing the detached garage below the hill will help to make it less
visible from the street.
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).
She added 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.
She gave the definition of practical difficulties and said 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; the petitioner said he wishes to use the garage to park a boat and needs
the 26' depth. 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.
The lot line could be shifted north. The change in property lines is based on the existing conditions
on the property. Shifting the shared lot line 9' south addresses a need by Dan Moulin for additional
room for a driveway. So the location set is preferred by the two property owners.
Discussion followed.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Alwin, recommending
approval of subdivision by preliminary plat of Splinter Addition subject to the
following conditions:
1. Drainage and utility easements shall be dedicated on the final plat in
accordance with Sect. 153.53.
2. The final plat shall be filed at the Dakota County Recorder's office and
evidence of the filing provided to the City prior to issuance of any building
permit.
Ayes -4 -Nays -0.
MOTION: Commissioner Scanlan moved, seconded by Commissioner Alwin, recommending
approval of the two side yard setback variances to construct a 744 sq. ft. detached
accessory building based on the fact that the site is heavily wooded and has
significant changes in topography, the site selected will minimize tree removal and
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 15, 2018
Page 3 of 8
site grading, and the site will be screened from view from the street, subject to
compliance with all City Codes and the following conditions:
1. No tree removal, site work or any other land disturbing activity shall occur until
the NRMP is issued.
2. The structure, including the foundation walls, may not encroach into the
drainage and utility easement.
3. Retaining walls in excess of four feet in height require a building permit; the
height of the new retaining walls shall be shown on the site plan.
4. Driveway grades shall be indicated on the site plan. Residential driveway grades
may not exceed 10% slope.
5. The site plan shall show drainage arrows and additional elevations to ensure
existing drainage patterns are maintained. The site shall be graded to not impact
neighboring properties.
6. The resolution approving the variance shall be filed at the Dakota County
Recorder's office and evidence of the filing provided to the City prior to
issuance of any building permit.
Ayes -4 -Nays -0.
B. McCormick Computer Resale Addition — PC18-21-VB
Planner Kathy Bodmer reported there are a number of deficiencies with the site plan that need to be
addressed either through revised plans or through variances. Staff recommends taking no action at
this time.
She stated McCormick Computer Resale at 14925 Energy Way wishes to expand their existing
20,640 sq. ft. manufacturing/warehouse facility by constructing a 23,700 sq. ft. addition. When
completed, the building will be 44,340 sq. ft. They wish to more than double the size of their
existing facility at 14925 Energy Way. The building was originally constructed in 1994 and is
approximately 20,640 sq. ft. When the building was constructed, sketch plans were provided which
demonstrated how the building could be expanded in the future without the need for a variance. The
proposed expansion is approximately 4,000 sq. ft. larger than what was expected for the building
addition.
The property is zoned "BP" (Business Park) which allows facilities that have a combination of
office, manufacturing and warehouse uses. The BP zoning was established to provide a "light- light
-industrial" zoning district. The goal of the zoning district was to create a zone for corporate
headquarters and larger business campus type uses. The area has become a mix of general office
(Questar), town offices, a large church and more traditional industrial uses (Pilot Flex Center and
AV Office/Warehouse).
The property was zoned BP when the building was constructed. The zoning district has a provision
that states that the side of a building containing dock doors may not face a public street. The
building was originally approved and constructed with two dock doors facing north abutting Energy
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 15, 2018
Page 4 of 8
Way. Staff finds that the dock doors may have been previously approved, but that the zoning district
clearly restricts docks facing public streets.
She added the City Attorney has opined that this provision of the code is a performance standard
from which a variance could be requested. The petitioner would need to provide information
concerning the practical difficulty that would make the variance necessary. If a variance were to be
granted, then the staff would recommend that the petitioner would need to meet the standard
performance standards for dock doors found in the zoning code. The general dock door regulations
state that the docks should be a minimum of 100' from a right-of-way line if facing a public street
and be screened with a minimum 40' wide berm. The proposed dock doors are 75' from the Energy
Way ROW and the landscaped boulevard is 35' wide.
The petitioner proposes to add a second access point on the northwest corner of the site. The
building is proposed to be expanded to the west with two saw tooth dock bays on the north side of
the building. Parking is added along the west side of the building. The proposed facility is set up to
accommodate two users if desired in the future.
Discussion followed.
C. Menards at Hanson Concrete — PC18-17-PZSB
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 206,209-sq.ft. Menards store and 48,970 -sq. ft.
warehouse on 18.4 acres of a 46.4 -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 18.4 acres be re -designated for commercial/retail uses. Approximately 18.4 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 requesting that the property be rezoned
from "I-2" (General Industrial) to "PD" (Planned Development) to allow for the Menard's store and
future office/office warehouse uses.
The proposed preliminary plat will subdivide the unplatted parcel into two (2) lots and four
(4) outlots. Lot 1 will be the location of a new Menards home improvement store. The applicant has
not identified any land use plans for the second lot, which will be 3.8 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. Outlot D will be the location of a section of the North Creek
Greenway trail. The remaining property will be dedicated as road right-of-way for CSAH 42,
Johnny Cake Ridge Road, 147th Street West and Street A.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 15, 2018
Page 5 of 8
He reviewed the project history and that the subject property is currently guided "IND" (Industrial)
on the 2030 Comprehensive Plan Land Use Map as well as the draft 2040 Land Use Map. The
category description, which is similar in both plans, allows offices, assembly, warehouse,
manufacturing and other similar activities within an enclosed building to limit the amount of dust,
noise, odor and other adverse impacts.
The current zoning district categories that regulate industrial uses include "I-1" (Limited
Industrial), "I-2" (General Industrial) and "BP" (Business Park). A limited percentage of floor space
(10% of gross floor area) is permitted for retail activities accessory to the industrial uses.
The applicant is requesting that the southwest 18.4 acres of the site be re -designated from its current
"IND" classification to "C" (Commercial). The commercial designation includes a wide variety of
retail, office, and service uses that vary in intensity and off-site impacts. The City uses the zoning
ordinance to regulate the intensity and characteristics of development based upon land use criteria
and performance standards.
He reviewed the zoning, landscaping, building elevations, greenway location, parking, utility plans
and street classification, accesses and circulation.
When staff reviewed the submittal information for the July 18, public hearing, it appeared that the
applicant was proposing to rezone the property "GB" (General Business) and "I-1"
(Limited Industrial). The applicant has clarified their request and would like to rezone the property
"PD" (Planned Development).
Tom O'Neil, Menards Inc., provided additional information.
Discussion followed.
MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, recommending
approval of the re -designation of Lot 1, Block 1, of the proposed Menards at Hanson
Concrete preliminary plat from "IND" (Industrial) to "C" (Commercial). Ayes - 4 -
Nays - 0.
MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, recommending
approval of the rezoning of the property within the proposed Menards at Hanson
Concrete preliminary plat from "I-2" (General Industrial) to "PD" (Planned
Development) that would allow for a mix of retail, office, office/warehouse and
limited industrial uses. Ayes - 4 - Nays - 0.
MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, recommending
approval of the Menards at Hanson Concrete preliminary plat subject to the
following conditions:
1. Approval of the appropriate amendment to the City's Comprehensive Plan Map
and rezoning, which must be completed prior to final plat approval.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 15, 2018
Page 6 of 8
2. Approval by Dakota County due to the adjacent highway under its jurisdiction,
and is further subject to appropriate revisions and/or highway improvements
that said agency may condition its approval on.
3. Park dedication in accordance with adopted City standards which shall be
satisfied by a cash -in -lieu of land contribution.
4. Dedication of drainage and utility easements according to the preliminary plat,
which will be needed in order to provide the necessary storm water
management as a result of this subdivision.
5. Dedication on the final plat of a ten foot (10') wide easement for drainage,
utility, street, sidewalk, street lights, and tree plantings along the entire
perimeter of all lots and outlots within the plat wherever abutting public road
rights-of-way.
6. Dedication on the final plat of a five foot (5') wide drainage and utility
easement along all common lot lines.
7. Dedication of a drainage and utility easement, 30 feet wide, over and across the
storm sewer line from Catch Basin Manhole -5 to Storm Sewer Manhole -6
8. Installation of pedestrian improvements in accordance with the City's adopted
Trail and Sidewalk Policies.
9. Submission of a final grading, drainage, erosion control, and utility plans to be
reviewed and approved by the City Engineer.
10. Installation of City street trees in accordance with species, size, location, and
spacing standards established in the Apple Valley Streetscape Management
Plan.
11. Dedication of one foot (1') wide easement which will restrict direct driveway
access to Street A except at locations identified on an approved site plan.
12. Dedication of one foot (1') wide easements which will restrict direct driveway
access to Johnny Cake Ridge Road and 147th Street West.
13. Dedication of one foot (1') wide easement which will restrict direct driveway
access to Street A except at locations identified on an approved site plan.
14. Widening Street on the east side to 44'.
Ayes -4 -Nays -0.
MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan, recommending
approval of the site plan/building permit authorization to allow for construction of a
206,209 -sq. ft. Menards store and 48,970 -sq. ft. warehouse on Lot 1, Block 1,
Menards at Hanson Concrete, subject to the following conditions:
1. Approval and issuance of a permit shall be subject to completion of the
amendment process of the Comprehensive Plan Map to "C" (Commercial) and
the subsequent rezoning of the property to "PD" (Planned Development) and
planned development ordinance amendments.
2. Approval and issuance of a building permit shall be subject to the approval and
recording of the final plat.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 15, 2018
Page 7 of 8
3. Construction shall occur in conformance with the site plan dated August 1,
2018, subject to adherence to all the items listed in the City Engineer's August
9, 2018, memo.
4. Any parking lot driveway shall be setback a minimum of 300 feet from the
CSAH 42 access.
5. Construction shall occur in conformance with the landscape plan dated July 31,
2018, (including sodded/seeded public boulevard area up to each street
curbline); subject to submission of a detailed landscape planting price list for
verification of the City's 2-1/2% landscaping requirement at the time of
building permit application and revisions to the plan per staffs comments
identified in the City Engineer's memo dated August 9, 2018.
6. Construction shall occur in conformance with the elevation plan dated July 31,
2018, subject to the addition 4 -foot wide tan brick columns along the full
length of the west elevation.
7. The receiving dock elevation shall have the same finish as the west elevation.
8. Site grading shall occur in conformance with a final grading plan to be
submitted for review and approval by the City Engineer.
9. Cart corrals shall have raised concrete curbs to delineate the chutes and shall
incorporate landscaping elements into their design.
10. Bike racks shall be installed in front of the building near the entrances to the
satisfaction of the City.
11. Any site lighting shall consist of downcast, shoebox lighting fixtures or
wallpacks with deflector shields which confines the light to the property.
Issuance of a building permit shall be subject to submittal of a final lighting
plan for review and approval by City staff.
12. Approval of a signage plan is not included with this site plan and building
permit authorization. A separate application and signage plan in conformance
with the sign regulations must be submitted for review and approval to the City
prior to the erection of any signs.
13. Additional landscaping on the west property line and 44' widening of street on
east side.
Ayes - 4 - Nays - O.
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, September 5, 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.
CITY OF APPLE VALLEY
Dakota County, Minnesota
Planning Commission Minutes
August 15, 2018
Page 8 of 8
MOTION: Commissioner Schindler moved, seconded by Commissioner Scanlan to adjourn the
meeting at 8:04 p.m. Ayes - 4 - Nays - 0.
Respectfully Submitted,
/s/ Joan Murphy
Joan Murphy, Planning Department Assistant
Approved by the Apple Valley Planning Commission
on
Tom Melander, Chair
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ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
3.B.
September 5, 2018
Consent Agenda
Description:
ConsiderApproval of Wings Financial Building Signs
Staff Contact:
Ben Pierson
Department / Division:
Community Development Department
Applicant:
Wings Financial
Project Number:
Applicant Date: 8/15/2018
60 Days: 10/15/2018
120 Days: 12/14/2018
ACTION REQUESTED:
Staff recommends approval of the proposed building sign application with conditions based
on the following findings:
1. The building where the proposed signs are to be located is more than four stories tall
and located in a commercial district.
2. Not more than two building signs are proposed and do not exceed 2 square feet of copy
area per 1000 square feet of finished building area.
3. The proposed signs are not located upon the same side of the building.
4. The proposed signs are identical in all respects.
5. The proposed signs do not extend above the highest outside wall or below the fourth
floor of the building.
6. The proposed signs do not extend across more than 40% of the width of the side of the
building upon which it is located.
And in accordance with the following conditions:
1. The signage is subject to City Ordinances addressing lighting and maintenance
standards.
2. The signs shall be installed in accordance with the elevation plans dated August 27,
2018.
3. A separate electrical permit shall be obtained for lighting associated with the proposed
signs.
SUMMARY:
Wings Financial, located at 15025 Glazier Avenue, requests review and approval for two
lighted building signs above the first floor on the north and south faces of the building.
§ 154.04(C) states that:
For multi -story buildings, in all zoning districts, no signs attached to the building, temporary
or permanent, shall be permitted above the first floor except for the following:
1. Building of four stories or more, located in a commercial or industrial district shall be
permitted additional building signs in addition to any signs otherwise permitted by this
chapter.
2. The additional building signs shall be a maximum of two signs with each sign not to
exceed two square feet of sign area for each 1,000 square feet of gross floor area of the
building.
3. The two additional building signs shall not be located upon the same side of the
building.
4. The two additional building signs shall be identical in all respects.
5. The two additional building signs shall not extend above the highest outside wall or
below the fourth floor of the building.
6. The two additional building signs shall not extend across more than 40% of the width of
the side of the building upon which it is located or 40% of the height for vertical signs.
7. The additional building signs shall only be permitted after review by the city Planning
Commission and approval by the City Council.
BACKGROUND:
Wings Financial, 15025 Glazier Avenue, is requesting two lighted building signs above the
first floor on a multi -story building four stories tall. The sign code only allows for such
signage following review and approval by the Planning Commission and City Council.
This request is to allow two lighted building signs above the first floor on the north and
south faces of the building.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Background Material
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Location —15025 Glazier Avenure
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ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
4.A.
September 5, 2018
Public Hearings
Description:
Impervious Coverage Ordinance - PC16-02-Z
Staff Contact:
Kathy Bodmer, Al CP, Planner
Department / Division:
Community Development Department
Applicant:
City of Apple Valley
Project Number:
PC16-02-Z
Applicant Date:
60 Days:
120 Days:
ACTION REQUESTED:
Open public hearing, receive comments, close public hearing.
Although the Planning Commission's policy is to not take action on an item on the night of its
public hearing, the Planning Commission was first introduced to this item in 2016.
If the questions and issues raised at the public hearing can be addressed the night of the
hearing, staff would recommend approval of the draft ordinance.
SUMMARY:
History of Impervious Coverage Ordinance: The Planning Commission began its review of
an ordinance amending building coverage and impervious surface coverage in 2016 when a
public hearing was held to consider amendments to PD -342, Zone 1 in the Scottsbriar
neighborhood east of Johnny Cake Ridge Road between 142nd and 144th Streets W. A
property owner wanted to construct an addition onto his single family home. The PD zoning
district contained a requirement restricting building coverage to 20% of the lot area but had
no requirement for maximum impervious coverage. The applicant had planned to replace a
patio with the building addition. The problem was, the property had a building coverage of
27% before the proposed addition. Further review of PD -342 revealed that several
properties in the PD were in a similar situation with building coverage in excess of the 20%
requirement. The scope of the review was expanded to other single family and two-family
properties in planned development zoning districts and similar issues were noted.
Jessica Schaum, the City's Natural Resources Coordinator, states that impervious surfaces
block water from infiltrating into the ground, increasing the volume and rate of stormwater
runoff. The increased stormwater volume worsens flooding, degrades water quality, and
impedes groundwater replenishment. Apple Valley currently has four lakes listed as the
"Impaired waters" due to excess nutrients. Jessica states that the City is required to reduce
pollution to these lakes, (and our entire stormwater system) according to state and federal
water regulations to improve water quality.
Residential properties zoned "R" have been restricted to a maximum of 35% impervious
surface area on a lot since 2004. However, of the 10,540 total single family properties in
Apple Valley (as of May 2018), approximately 4,000 (38%) are zoned "PD" (Planned
Development). Each PD has its own coverage and setback requirements, but most regulate
building coverage and contain no provision for impervious surface coverage. To address
water quality concerns and to help address homeowner's interest in making improvements to
their properties, staff recommends amending the PDs to address this concern.
Current Ordinance Under Consideration: The draft ordinance amends several sections of
Chapter 155 related to impervious surface coverage. The planned development zoning
districts for one -family and two-family developments are amended so that the reader is
directed to the impervious coverage portion of the code. The SH-Shoreland Overlay
impervious coverage is also amended to make it consistent with State Law.
Ordinance Provisions:
1. PD zoning districts amended so that one- and two-family lots are regulated by
impervious coverage rather than building coverage. Properties within a planned
development zoning district are not able to request a variance from the PD
requirements. Placing the impervious coverage requirements outside of the PDs will
give a property owner the opportunity to apply for a variance if needed.
2. Because many of the PDs have smaller lot areas, the impervious surface coverage
requirement is graduated so that smaller lots are able to have a bit more coverage.
3. Property owners may exceed the impervious coverage by up to 5%, but only if storm
water management steps are taken, which must be approved by the City.
4. Homeowners who exceed the impervious surface coverage requirement may maintain
their existing impervious coverage percentage, but may not expand their impervious
surface coverage without a variance. Improvements may be made, but require removing
some of the existing impervious coverage.
5. A definition of "Impervious Surface" is added.
6. Residents and non-residential properties will be able to park on pervious material if
approved by the City.
7. The lot area, height, frontage and yard requirements chart (Appendix A) for the
agricultural and residential zoning districts is revised to direct readers to the new
impervious coverage section of the code. Planned Development zoning districts
containing single family and two-family properties are similarly directed to the new
section.
8. The (SH) Shoreland Overlay zoning district is amended to reduce allowable impervious
surface area on a lot from 30% to 25% to comply with State Statutes.
BACKGROUND:
N/A
BUDGET IMPACT:
N/A
ATTACHMENTS:
Ordinance
Background Material
PROPOSED ORDINANCE AMENDMENT
IMPERVIOUS SURFACE AREA ON RESIDENTIAL LOTS
AND SHORELAND OVERLAY DISTRICT
Underlined Red Text is being added. Strikeout Text is being deleted.
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER
155 OF THE CITY CODE RELATED TO IMPERVIOUS AND BUILDING
COVERAGE ON ONE -FAMILY LOTS AND SHORELAND OVERLAY DISTRICT
The City Council of Apple Valley Ordains:
Section 1. Section 155.003 of the Apple Valley City Code is hereby amended to add the
following definition:
§ 155.003 DEFINITIONS
IMPERVIOUS SURFACE. A constructed surface, generally made of brick, stone, concrete,
asphalt, gravel or similar impermeable material, that either prevents or slows the natural infiltration of
water into the soil. Impervious surfaces include, but are not limited to: building roofs, walkways, patios,
driveways, parking lots, concrete or asphalt paving, sport courts, tennis courts and swimming pools.
Decks shall not be considered an impervious surface if (1) the surface under the deck is pervious; or (2)
the surface water runoff from the deck surface is not controlled by a drainage system, such as gutters,
diversion plates.
Section 2. Section 155.003 of the Apple Valley City Code is hereby amended to read the
following:
§ 155.003 DEFINITIONS
BUILDING COVERAGE. The proportion of the square footage of a lot that is or may be
covered by building(s), including accessory buildings such as a shed, gazebo, or permanent
pavilion. The portion of the lot encumbered by any city or county easement not constituting public right-
of-way as defined herein shall be included for purposes of calculating the total square footage of the lot.
LOT COVERAGE. The aggregate coverage area of building coverage and impervious surface
area of a lot.
PAVED SURFACE. Any area covered by the following impervious material_ concrete,
bituminous, or brick pavers.
1
Section 3. Section 155.350 is amended to add Section 155.350 (C), (D), and (E) to read as
follows:
§ 155.350 DRAINAGE REQUIREMENTS.
* * *
(C) The maximum impervious surface area on a lot or parcel with a one -family detached
dwelling (house) or lots with two-family attached dwellings (twinhome) shall not exceed the following
coverage:
Lot Size
Maximum Impervious
Coverage Allowed
9,000 sq. ft. or greater
35%
7,500 sq. ft. — 9,000 sq. ft.
40%
6,000 sq. ft. — 7,500 sq. ft.
45%
Less than 6,000 sq. ft.
50%
Lots located within a "PD" (Planned Development) zoning district on which an one -family detached
dwelling (house) or lots with two-family attached dwellings (twin home) is a are permitted uses shall
comply with the requirements above, unless impervious surface coverage is specifically addressed in the
ordinance establishing the PD zoning district.
Lots zoned for multi -family dwellings on which the dwelling units, attached or detached, comprises the
lot of record and the open space or yard surrounding the unit is not exclusively owned by the dwelling
unit owner and is instead owned as a CIC or other common property interests, are not subject to this
Clause.
(D) The maximum impervious surface area allowed hereunder may be increased up to an
additional 5% upon a showing of extraordinary circumstances supporting good cause for additional
impervious surface area in excess of the limitations herein and upon the installation of a city approved
on-site stormwater management facility.
(E) Any lot or parcel that has impervious surface area in excess of the maximum area allowed
herein as of April 30, 2018, shall be deemed as legal nonconforming. The impervious surface area
existing on a lot as of April 30, 21018, may be maintained, repaired or replaced, but may not be
expanded. If the lot or parcel is redeveloped in its entirety, the impervious surface area restrictions set
forth herein shall apply.
2
Section 4. Section 155.373(B)(3) is by revising Section 155.373 (B)(3) to read as follows::
§ 155.373 PARKING IN RESIDENTIAL DISTRICTS.
* * *
(B) Parking in all residential districts shall be subject to the following requirements:
* * *
(3) All motorized vehicles, regardless of type, method of propulsion, or placement on a
trailer, and all Class II vehicles and trailers shall be parked or stored on a paved surface. A surface
constructed of pervious material may be used if approved by the City;
* * *
Section 5. Section 155.378 is amended by revising Section 155.378 (B)(1) & (2) to read as
follows:
§ 155.378 OFF-STREET PARKING; DESIGN AND MAINTENANCE.
* * *
(B) Surfacing.
(1) In single-family residential districts, any area intended to be used for parking spaces,
driveways, storage of motor vehicles, or vehicle maneuvering areas shall be surfaced with concrete,
asphalt or brick pavers. Pervious material may be permitted when approved by the City.
(2) In multi -family residential, commercial, industrial, or institutional districts, any area
intended to be used for parking spaces, driveways, loading areas, open sales or storage lots, vehicle
maneuvering, and the like, shall be surfaced with concrete or bituminous materials. Pervious material
may be permitted when determined to be a low risk of contamination and approved by the City.
3
Section 6. Chapter 155, Appendix A is amended by revising the Maximum Impervious Surface
Coverage requirements to read as follows:
APPENDIX A: REQUIREMENTS FOR AGRICULTURAL AND ONE AND TWO-FAMILY
DISTRICTS
Agriculture and residential districts shall have the following lot area, height, frontage and yard
requirements. The dimensions are measured in feet, unless directly stated otherwise.
4
Setback Requirements
Symbol
Use
District
Lot
Area
Lot
Width
(in
feet)
Front
Yard
Setback
(in feet)
Side
Yard
Setback
Interior
Lot (in
feet)
Side
Yard
Setback
Corner
Lot
(in feet)
Rear
Yard
Setback
(in feet)
Maximum
Height
(in feet)
Maximum
Impervious
Surface
Coverage
(percent of
lot area)
A*
Agricultural
5 acres
150
30
20
30
50
—
See §
155.350
R-1*
One family
residential
40,000
sq. ft.
150
30
20
30
30
35
See §
155.350
R-2*
One family
residential
18,000
sq. ft.
100
30
10
30
30
35
See §
155.350
R-3*
One -family
residential
Interior
lot
11,000
sq. ft
80
30
Dwelling
Unit 10
Garage
5
—
30
35
See §
155.350
Corner
lot
12,500
0 sq. ft.
90
30
—
Street
side 20
Interior
side
same as
interior
lot
setbacks
30
35
See §
155.350
RCL**
R 5*
Two-family
residential
15,000
sq. ft.
(7pe00
unit)
100
(50
per
unit)
30
Dwelling
Unit 10
Garage
7.5
30
30
35
See §
155.350
4
Section 7. Chapter 155, Appendix F, Article 3, is amended by revising the Table relative to
maximum building coverage, in part, as set forth in § A3 -5(A)(1) to read as follows:
MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 138
Standards
Zone 1
Zone 2
Zon
e 3
Zone
4
Zone 5
Zone 6
Zone 7
One-
Family*
Two-
Family
See
§155.350
Impervious
Surface
Coverage
See
§155.350
One-
Family*
Two-
Family"
*
Multiple
Residents
al
One -
Family
* * *
Maximum Lot Coverage
Building
Coverage
(percentage)
Zone 2
Zone 3
Zone 4
25
20
Zone 7
Impervious Surface
Coverage
20
See
§155.350
Impervious
Surface
Coverage
See
§155.350
See
§155.350
See
§155.350
See
§155.350
See
§155.350
See
§155.350
See
§155.350
See
§155.350
Section 8. Chapter 155, Appendix F, Article 4, is amended by revising the Table relative to
maximum building coverage, in part, as set forth in § A4 -5(A)(1) to read as follows:
MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 163
Requirements
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
Zone 7
* * *
Maximum Lot Coverage
Building Coverage
(%)
20
20
20
25
Impervious Surface
Coverage
See
§155.350
See
§155.350
See
§155.350
5
Section 9. Chapter 155, Appendix F, Article 8, is amended by revising the Table relative to
maximum building coverage, in part, as set forth in § A8 -5(A)(1) to read as follows:
MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 251
Requirements
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
Maximum Lot Coverage
Building Coverage
(percentage)
Zone 2
Zone 3
20
20
20
20
Impervious Surface
Coverage
See
§155.350
See
§155.350
See
§155.350
Section 10. Chapter 155, Appendix F, Article 11, is amended by revising the Table relative to
maximum building coverage, in part, as set forth in § A11 -5(A)(1) to read as follows:
MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 144
Requirements
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
One-
Family
Multiple
Residential
Multiple
Residential**
Impervious Surface
Coverage
* * *
Maximum Lot Coverage
Building coverage
(percentage)
20
15
15
30
Impervious Surface
Coverage
See
§155.350
See
§155.350
6
Section 11. Chapter 155, Appendix F, Article 12, is amended by revising the Table relative to
maximum building coverage, in part, as set forth in § Al2-5(A)(1) to read as follows:
MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 315
Requirements
Zone 1
Zone 2
* * *
Maximum Lot Coverage
Building Coverage (percentage)
Zone 2
20
Impervious Surface Coverage
See §155.350
See §155.350
Section 12. Chapter 155, Appendix F, Article 13, is amended by revising the Table relative to
maximum building coverage, in part, as set forth in § A13 -5(A)(1) to read as follows:
MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 341
Requirements
Zone
1
Zone 2
Zone 3
Zone 4
Zone 4B
Zone 5
Shopping
Center
Free -
Standing
* * *
Maximum Impervious Surface Coverage
Building Coverage
(percentage)
25
25
30
30
30
30
Impervious Surface
Coverage
see
§155.350
7
Section 13. Chapter 155, Appendix F, Article 14, is amended by revising the Table relative to
maximum building coverage, in part, as set forth in § A14 -5(A)(1) to read as follows:
MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 342.
Requirements
Zone 1
Zone 2
Zone 3
* * *
Maximum Lot Coverage
Building Coverage (percentage)
Zone 2
20
20
Impervious Surface Coverage
See §155.350
Section 14. Chapter 155, Appendix F, Article 15 is amended by revising the Table relative to
maximum building coverage, in part, as set forth in § A15 -5(A)(1) to read as follows:
MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 400.
Requirements
Zone 1
Zone 2
Zone 3
* * *
Maximum Lot Coverage
Building Coverage (percentage)
25
20
Impervious Surface Coverage
See §155.350
8
Section 15. Chapter 155, Appendix F, Article 17, is amended by revising the Table relative to
maximum building coverage, in part, as set forth in § A17 -5(A)(1) to read as follows:
§ A17-5 MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 444.
Requirements
Zone 1
Zone 2
* * *
Maximum Lot Coverage
Building Coverage (percentage)
30
25
Impervious Surface Coverage
See §155.350
See §155.350
Section 16. Chapter 155, Appendix F, Article 21, is amended by revising the Table relative to
maximum building coverage, in part, as set forth in § A21 -5(A)(1) to read as follows:
MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 580.
Requirements
Zone 1
Zone 2
* * *
Maximum Lot Coverage
Building Coverage (percentage)
30
Impervious Surface Coverage
See §155.350
9
Section 17. Chapter 155, Appendix F, Article 22, is amended by revising the Table relative to
maximum building coverage, in part, as set forth in § A22 -5(A)(1) to read as follows:
MINIMUM AREA REQUIREMENTS FOR DESIGNATION NO. 629.
Requirements
Zone 1
Zone 2
Zone 3
Zone 4
* * *
Maximum Lot Coverage
Building Coverage (percentage)
—
—
32
25
Maximum building footprint (square
foot)
Zone 7
2,700
—
—
Impervious Surface Coverage
See
§155.350
See
§155.350
See
§155.350
Section 18. Chapter 155, Appendix F, Article 23, is amended by revising the Table relative to
maximum building coverage, in part, as set forth in § A23 -5(A)(1) to read as follows:
MINIMUM AREA STANDARDS AND REQUIREMENTS FOR DESIGNATION NO. 632.
Requirements
Zone 1
Zone 2
Sone
Zone 4
Zone 5
Zone 6
Zone 7
Maximum Lot Coverage
Building Coverage
(percentage)
20
20
20
30
35
Impervious Surface
Coverage
See
§155.350
See
§155.350
10
Section 19. Chapter 155, Appendix F, Article 33, is amended by revising the Table relative to
maximum building coverage, in part, as set forth in § A33 -5(A)(1) to read as follows:
MINIMUM AREA STANDARDS AND REQUIREMENTS FOR DESIGNATION NO. 856.
Specification
Zone 2
* * *
Maximum Impervious Surface coverage (percent)
See § 155.350
Section 20. Chapter 155, Chapter 155, Appendix H, is amended by revising the maximum total
area covered by impervious surface, in part, as set forth, to read as follows:
APPENDIX H: REQUIREMENTS FOR SHORELAND OVERLAY
Recreational development waters setback and area requirements shall be as follows. The
measurements shall be in feet unless otherwise specified.
Sewered
Unsewered
Total lot area covered by impervious surface with bonus,
subsection
30 25
30 25
Section 155.309 (percentage):
Waterfront lots
40
Other lots
50
Section 21. Summary approved. The City Council hereby determines that the text of the
summary marked "Official Summary of Ordinance No. ", a copy of which is attached hereto,
clearly informs the public of the intent and effect of the ordinance. The City Council further
determines that publication of the title and summary will clearly inform the public of the intent and
effect of the ordinance.
Section 22. Filing. The City Clerk shall file a copy of this ordinance in her office, which copy
shall be available for inspection by any person during regular office hours.
11
Section 23. Publication. The City Clerk shall publish the title of this ordinance and the official
summary in the official newspaper of the City with notice that a printed copy of the ordinance is
available for inspection by any person during regular office hours at the office of the City Clerk.
Section 24. Effective date. This ordinance shall take effect upon its passage and publication of
its title and official summary.
PASSED by the City Council this day of , 2018.
ATTEST:
Pamela J. Gackstetter, City Clerk
Mary Hamann -Roland, Mayor
12
CITY OF APPLE VALLEY
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF APPLE VALLEY, AMENDING CHAPTER
155 OF THE CITY CODE RELATED TO IMPERVIOUS AND BUILDING
COVERAGE ON ONE -FAMILY LOTS AND SHORELAND OVERLAY DISTRICT
The following is the official summary of Ordinance No. approved by the City
Council of Apple Valley on , 2018:
Chapter 155 of the City Code is amended to address maximum impervious surface area and
building coverage area regulations. The amendments add the definition of impervious
surface and amend definitions for building coverage, lot coverage and paved surface. The
amendment adds maximum impervious surface area requirements for one -family detached
and two-family dwellings properties. The building coverage regulations are amended to
be replaced with maximum impervious surface area requirements in zoning districts for
one -family detached and two-family dwellings. Shoreland Overlay District regulations are
amended to reduce the allowed maximum impervious coverage to conform with State law.
A printed copy of the ordinance is available for inspection by any person during regular office
hours at the office of the City Clerk at the Apple Valley Municipal Center, 7100 West 147th Street,
Apple Valley, Minnesota 55124.
13
A Valley
Impervious Coverage Public Hearing
City of Apple Valley Planning Commission
September 5, 2018
7:00 p.m.
Apple Valley Municipal Center, 7100 — 147th Street West
A public hearing will be held before the Apple Valley Planning Commission to discuss
proposed amendments to the Apple Valley Zoning Code related to maximum
impervious surface coverage on residential parcels on September 5, 2018, at 7:00 p.m.
at the Apple Valley Municipal Center, 7100 — 147th Street West.
Q: What is Impervious Surface?
Impervious Surface is a constructed surface that either prevents or slows natural
infiltration of water into the soil. Examples of impervious surface include building roofs,
patios, driveways, sports courts, and similar surfaces. A deck is considered pervious if
the surface under the deck is pervious; if the surface under the deck is impervious, or a
drainage collection system has been installed under the deck, the deck would be classified
an impervious surface.
Q: Why does the City restrict the amount of impervious surface area on a
residential lot?
Impervious surfaces prevent water from infiltrating into the ground, increasing the
volume and rate of stormwater runoff. The increased stormwater volume worsens
flooding, degrades water quality, and impedes groundwater replenishment. Apple Valley
currently has four lakes listed as "Impaired Waters" due to excess nutrients. The City is
required to reduce pollution to these lakes, (and our entire stormwater system) according
to state and federal water regulations to improve water quality.
Q: What are the current requirements?
Today, the maximum impervious surface coverage allowed is 35% for residentially -
zoned properties including "R-1" (Single family residential, min. lot 40,000 sq. ft.), "R-
2" (Single family residential, min. lot 18,000 sq. ft.), "R-3" (Single family residential,
min. lot size 11,000 sq. ft.), "R -CL" (Residential Cluster) and "R-5" (Two family
residential, min. lot size 15,000 sq. ft.).
Q: My property is zoned PD. How does this affect me?
Single family and two-family properties that are zoned "PD" (Planned Development)
have a different coverage requirement regulated by each Planned Development
ordinance. Most of the PD zoning districts restrict the maximum building coverage on a
property, but do not address impervious surface area coverage. In some cases, the
building coverage requirement hinders owners from constructing additions and other
improvements on their property.
Q: What are the proposed amendments?
The draft ordinance proposes to modify the Planned Development zoning districts to
remove the maximum building coverage requirement and instead to reference the
maximum impervious surface area requirement. Because many of the developments
zoned PD have smaller than typical lot sizes, the impervious surface area requirements
are proposed to have graduated coverage requirements based on the size of the lot.
Q: Can I increase the amount of impervious surface area on my lot if I am already
at the maximum coverage allowed?
The City may approve a maximum impervious coverage increase of up to 5% above the
maximum allowed if the property owner can show extraordinary circumstances for the
increase and after installing a City -approved on-site stormwater management facility.
Q: What if the coverage on my lot today exceeds the maximum impervious
coverage requirement?
If a property has impervious coverage that exceeds the maximum area allowed as of April
30, 2018, the impervious area may be maintained, repaired, or replaced, but may not be
expanded.
Q: How can I provide comments? What if I have questions?
If you have any questions about this proposal, please contact the Apple Valley Planning
and Development Department at (952) 953-2575 during business hours, 8:00 a.m. to 4:30
p.m. Comments may be made in person the night of the hearing or sent via mail to
Planning Department, City of Apple Valley, 7100 - 147th Street West, Apple Valley, MN
55124. You may also e-mail your comments to commdev@cityofapplevalley.org.
...
....
••••
..•
l
App Valil
ley
ITEM: 5.A.
PLANNING COMMISSION MEETING DATE: September5, 2018
SECTION: Land Use /Action Items
Description:
McCormick Computer Resale - PC18-21-VB
Staff Contact:
Kathy Bodmer, Al CP, Planner
Department / Division:
Community Development Department
Applicant:
R. J. Ryan Construction and McCormick Computer Resale
Project Number:
PC18-21-BV
Applicant Date: 7/19/2018
60 Days: 9/16/2018
120 Days: 11/15/2018
ACTION REQUESTED:
Staff recommends approval of the project with the following motions, findings and conditions:
1. Recommend approval of a variance from § 155.234(B) and § 155.354(2) to allow
construction of loading docks on the north side of the building facing Energy Way, set
back 78' from the right-of-way line, based on the following findings and subject to the
following conditions:
Findings:
1. Dock doors on the north side of the building are preferred to provide better
visibility for truck drivers to maneuver within the site and access the loading
docks.
2. Dock doors on the north side of the building will help to separate delivery traffic
from customer and employee traffic.
3. The existing mature landscape screening boulevard will be maintained and the
docks set at a 30 degree angle from the street which will screen the loading area
from Energy Way.
4. The City's Comprehensive Plan states the City's goal is to retain current
businesses and to assist companies with expansion where appropriate.
McCormick states the angled docks on the north side of the building will help
them to gain the much needed additional space they require for their growing
business.
Conditions:
1. The 40' bermed and landscaped screening yard shall be maintained abutting
Energy Way to screen the view of the dock doors from the right-of-way.
2. The dock doors shall be designed in a "saw -tooth" configuration to help reduce the
view of the loading docks from Energy Way.
2. Recommend approval of setback variance reducing the building setback from
County Road 42 from 50' to 30' finding that a 30' setback maintains the existing
building alignment along C SAH 42
3. Recommend approval of a site plan and give building permit authorization to
construct a 23,700 sq. ft. addition, subject to compliance with all City Codes and the
following conditions:
1. The plans shall be revised to address the issues identified in the City Engineer's
memo of August 9, 2018.
2. Civil drawings are subject to final review and approval by the City Engineer prior
to issuance of the building permit.
3. No site work or tree removal shall be conducted until a Natural Resources
Management Permit (NRMP) has been issued.
4. The petitioner shall provide a nursery bid list at the time of application of the
building permit that confirms the value of the landscape plantings meet or exceed
2-1/2% of the value of the construction of the addition based on Means
Construction Data. If credit is requested for preservation of existing mature
landscaping, the applicant shall submit a report from a professional arborist
confirming the value of the saved trees.
5. No sign approval is given at this time. A separate sign permit must be obtained
prior to the installation of any signs on the site.
6. The petitioner shall supply information at the time of application of the building
permit to confirm all rooftop and ground mounted mechanical units are properly
screened.
7. A six foot (6') sidewalk shall be installed along Energy Way, in accordance with
the City's construction requirements.
8 Landscape plans are subject to final review and approval by the Natural
Resources Coordinator prior to issuance of the building permit.
9. Additional varieties of deciduous trees shall be planted on the site.
SUM MARY:
R.J. Ryan Construction submitted revised plans for the McCormick Computer Resale
expansion project at 14925 Energy Way to address issues identified at the August 15, 2018,
Planning Commission meeting. McCormick wishes to expand their existing 20,640 sq.
ft. manufacturing/warehouse facility by constructing a 23,700 sq. ft. addition. When
completed, the building will be 44,340 sq. ft. Three variances are requested in connection
with the project. Two are needed to allow the delivery dock doors on the north elevation
facing Energy Way and one setback variance is needed for the building setback from CSAH
42 to maintain the current building alignment.
BACKGROUND:
McCormick Computer Resale wishes to expand their existing
office/warehouse/manufacturing facility at 14925 Energy Way. The building was originally
constructed in 1994 and is approximately 20,640 sq. ft. When the building was constructed,
sketch plans were provided which demonstrated how the building could be expanded in the
future without the need for variances. The petitioner states that the property owner seeks to
construct a larger addition than previously planned to maximize the development potential of
the property.
Zoning: The property is zoned "BP" (Business Park) which allows facilities that have a
combination of office, manufacturing and warehouse uses. The BP zoning district was
established to provide a "light- light -industrial" zoning district. The goal of the zoning district
was to create a zone for corporate headquarters and larger business campus type uses. The
area has been developed as a mix of general office (Questar), town offices, a large
church and more traditional industrial uses (Pilot Flex Center and AV Office/Warehouse).
The BP district contains a provision that states that the side of a building wth dock doors
may not face a public street. The building was originally approved and constructed with two
dock doors facing north abutting Energy Way. The City Attorney has opined that this
provision of the code is a performance standard from which a variance could be requested.
The petitioner would need to provide information concerning the practical difficulty that
would make the variance necessary.
If a variance were to be granted, then the petitioner would need to meet the performance
standards for dock doors found in Sect. 155.354(2) of the zoning code. The general dock
door regulations state that the docks should be a minimum of 100' from a right-of-way line if
facing a public street and be screened with a minimum 40' wide berm. The proposed dock
doors are 78' from the Energy Way ROW and the landscaped boulevard reshaped but
maintained to screen the loading area from Energy Way.
Variances: Variances are requested to allow the dock doors on the north elevation. A
setback variance is requested to reduce the building setback from CSAH 42 from 50' to 30'
so that the building keeps its current alignment along County Road 42.
Site Plan: The petitioner proposes to add a second access drive to Energy Way on the
northwest corner of the site. The building is proposed to be expanded to the west with two
saw tooth dock bays added on the north side of the building facing Energy Way. Parking is
added along the west side of the building.
Several issues that were identified with the previous plans have been addressed with the
revised plans. By keeping most of the landscape screening boulevard along Energy Way,
there is sufficient screening provided for the addition. No changes are made to the existing
dumpster enclosure. Revised floor plans were provided that help to refine the
parking calculation for the project; 90 spaces are required, 87 spaces are shown with proof -
of -parking available. A parking lot island is provided to help break up the parking lot
paving. The remaining outstanding issues will be addressed at the time of application of the
building permit.
1. Only one variety of deciduous trees is listed on the landscape plan. More than one type
of tree is needed to ensure species diversity.
2. Credit may be considered for the preserved trees maintained on the property. The City
would need to receive a report from arborist confirming values if the owners wish to
take this approach. (§ 155.349(B))
3. The elevation drawings do not indicate how the mechanical units will be screened.
Additional information is needed concerning mechanical unit screening. (§ 155.348(B))
4. A six foot sidewalk shall be installed along Energy Way in accordance with the City
Code requirements. The City will construct the sidewalk connection from this site to
Pilot Knob Road. This requirement is consistent with other expansion and development
projects in the area.
5. The new retention area on the south side of the site has no piping directing drainage to
the area. A drainage calculation will be needed to confirm storm water management
requirements.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Map
Plan Set
Plan Set
Memo
Memo
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...
City of Apple..
MEMO
Building Inspections
TO: Kathy Bodmer, Planning
FROM: George Dorn, Building Official
DATE: July 19,2018
SUBJECT: McCormick Computer Resale, 14925 Energy Way,
• 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.
• Submit plans to Minnesota Department of Labor, Plumbing Division for review of
proposed plumbing, roof drainage, sanitary and storm design.
• Trash area is required per MSBC 2015 1303.1500 Subpart 1 requires recycling space in
accordance with Table 1-A on plans issued for permit.
• Separate sign permits are required.
• The City of Apple Valley has adopted the 2015 MSBC 1306, subpart 3 Special Fire
Protection systems. This section would require the building to have an automatic sprinkler
system installed based on occupancy type and square footage.
• The 2015 MSFC 505.1 requires premises identification. There was no indication of
address identification on the plans currently under review.
• Allowable area and building heights will be determined once the code analysis has been
completed with the permit application.
CITY OF Apple
Valley
MEMO
Public Works
TO: Kathy Bodmer, Planner
FROM: Brandon S. Anderson, PE, City Engineer
DATE: August 9, 2018
SUBJECT: McCormick Computer Resale Expansion.
General
1. Provide a narrative and site plan showing how the expansion will be constructed and any
impacts prior to building permit authorization. The narrative and plan shall include the
following:
a. Material Storage and Staging
i. All material storage to be onsite and indicated on plan.
b. Haul routes to and from the site.
c. Contractor and Subcontractor Parking locations
i. Onsite trade parking should be provided.
2. Redevelopment activity that creates over 0.2 acres of new impervious surface shall be
required to reduce the average annual runoff volume compared to existing conditions.
BMP will be required for volume reduction.
3. A 35 Foot wide utility easement per Doc. No. 541586 has been identified on the north
end of the site. No public utilities currently reside in this easement.
Permits
1. A Natural Resource Management Permit (NRMP) will be required prior to any land
disturbing activity commences.
2. A ROW Permit will be required for work in the Right of Way.
3. Infiltration Maintenance agreement will be required.
Site
4. Provide traffic summary showing anticipated trips and distribution.
5. Provide additional dimensions on site plan indicating radiuses, drive lane widths, etc...
6. Provide setback lines on site plan.
7. Provide additional drawing showing Auto turn turning movements to verify site circulation
and layout requirements for planned vehicle usage to be used onsite. Show truck
movement with Auto turn entering site to ensure emergency and service vehicle can
maneuver internally.
8. A commercial driveway entrance is required at all access points to public roadways per AV
Plate No. STR-5. Standard AV city plates should be referenced on the plans.
9. 6' Concrete Sidewalk shall be placed 1' from the ROW in accordance with AV Plate No.
STR-30.
10. Provide location of relocated garbage dumpster.
11. Remove reference to detail plate STR-34. This is not needed.
12. Additional standard detail plates should be referenced to include as necessary (STR-09,
STR-1, ERO-11, ERO-17, ERO-22)
Grading, Drainage and Erosion Control
13. Provide overall site composite Curve Number (CN) and percent impervious on the grading
and site plans.
14. Provide drainage calculations for required BMP.
15. Add berm and/or landscaping in the boulevard along Energy Way and between entrance
driveways to provide screening of loading dock doors from the public street.
16. Provide Infiltration Detail in accordance with Vermillion River Watershed for proposed
infiltration basin. Proposed Addition and new parking lot surfaces should drain to the
infiltration area to provide treatment of storm water. Infiltration basin cannot be located
within drainage and utility easement.
17. Additional details are required to indicate how drainage will be directed to proposed
infiltration areas.
18. Pre-treatment is required prior to entering the raingarden/infiltration basin. Rain
Guardians have been effective for this type of proposed storm water system.
19. The location and elevation of the site emergency overflow(s) (EOF) shall be identified on
the plans. All critical HP and LP shall be identified along with drainage arrows.
20. Provide Storm Water Pollution Prevention Plan (SWPPP) prior to NRMP issuance.
21. Soil borings/testing shall be provided in the area of infiltration features prior to building
permit authorization.
Sanitary Sewer
22. Final locations and sizes of Sanitary Sewer shall be reviewed with the final construction
plans and approved by City Engineer.
Water Main and Storm Sewer
23. Confirm the size of the water main to ensure adequate size for sprinkler needs of new
addition. Water loop may be necessary.
24. Provide drawing showing hydrant coverage for the site. Industrial zones require 450'
radius for coverage.
25. Domestic water and fire service shall be split outside the existing building and the valves
shall be located 1.5 times the height of the building away from the building or placed in
location readily accessible per City of Apple Valley standard detail plate SER -6.
Landcape and Natural Resources
1. Quantities and locations of trees should be indicated on plan to show diversity of species.
2. Tree removals and replacement should be indicated on the removals and landscape plan.
3. No major tree plantings shall be located over any underground utilities. Clusters of trees
shall be used near or around these areas instead of planting in a row. The Drainage and
Utility Easement will require clearance around the underground utilities, or the
expectation that trees may have to be removed for access when needed.
4. Trees as shown behind the curb on the west side of site do not have enough space to
grow. Parking lot setback should be increased or identify different species to fit in the
space outside the drainage and utility easement area.
5. Restoration/Landscape plan should indicate required buffers and appropriate seed mixtures
for infiltration area.
6. Raingarden design and construction standards, plans, and details are incomplete for the
project at this time. The City would recommend following the guidelines of the Dakota
County LID Standards
(http://www.dakotaswcd.org/pdfs/Dakota%2OLID%20Standards%20Revised%2002-09-
12.pdf) for construction and design as well as the Minnesota Storm water Manual.
a. Dakota County Soil and Water Conservation District may be available to suggest
alternative storm water practices for the site.
...
....
••••
..•
l
App Valil
ley
ITEM: 5.B.
PLANNING COMMISSION MEETING DATE: September5, 2018
SECTION: Land Use /Action Items
Description:
Apple Valley Self -Storage - PC18-23-FB
Staff Contact:
Alex Sharpe, Planner and Economic Development Spec.
Department / Division:
Community Development Department
Applicant:
Don Hawkins
Project Number:
PC18-23-FB
Applicant Date: 8/22/2018
60 Days: 10/21/2018
120 Days: 12/20/2018
ACTION REQUESTED:
It is the policy of the Planning Commission not to act on an item on its initial night of review.
There are a number of corrections to the plans that need to be addressed. Staff is
recommending taking no action at this time.
SUMMARY:
Apple Valley Storage is seeking site plan and building permit authorization on the vacant
parcel located at the northeast corner of Upper 147th Street and Evendale Way. A total of 6
buildings are proposed totaling 57,200 sq. ft. of cold self -storage.
BACKGROUND:
Don Hawkins, on behalf of Apple Valley Storage, is seeking approval of a site plan and
building permit authorization to develop a cold self -storage facility on the vacant parcel
located at the northeast corner of Upper 147th Street and Evendale Way. The site is generally
located north of Uponor, east of Lifeworks, and south east of Wasatch Storage.
This property is required to be final platted prior to issuance of the site plan and building
permit authorization. The Planning Commission does not review final plats, but to understand
the project will be provided details of the platting process.
Zoning:
The property is zoned "I-1" (Limited Industrial), which permits self -storage when totally
enclosed by a structure. The goal of the zoning district is to create an area with access to
transportation corridors, that is appropriate for manufacturing and warehousing. Typically, the
zone is not adjacent to residential property, but in this case is immediately adjacent. Due to
this, impacts from the uses must be mitigated to a larger extent, mostly through screening.
This has been achieved on other industrial sites with a mixed species vegetation screening.
Site Plan:
The site will be accessed from the cul-de-sac on Evendale Way, and will not have access
directly into Upper 147th. A total of 6 buildings are proposed on site, with drive isle
accesses between them. Parking on the site is limited, but most of the units will be accessed
via parallel parking in the drive isle area. An office area is proposed in the west building, but
is not displayed on the site plan. The site is proposed to be fenced with 6 foot black vinyl
coated chain link.
Lands c ap ing/ S cre ening:
The applicant is proposing to retain a number of trees that were planted on the eastern portion
of the site. These trees were required as part of the Lifeworks platting of the property, and
therefore any trees removed are required to be replaced at a 1:1 ratio. A removal plan was
not included with the initial submission, and the number of trees removed will be required to
be shown on the landscape plan.
A total of 72 new trees are proposed on the site. These trees have adequate species diversity
to meet code and city guidelines for diversity. The species are a mix of conifer and
deciduous to provide a year round screen along the north, and eastern sides of the property;
which are adjacent to residential. The deciduous trees are a mix of ornamental and canopy
cover while the conifers are a mix of Black Hills and Colorado Spruce, as well as White
Pines. A berm is not proposed on the east side, but with the density of trees along the
property line screening will be achieved once the trees are established.
The Natural Resources Coordinator has noted that the trees are proposed to be clustered too
close together for the health of the tree. To promote tree health, adequate spacing from
existing retained trees and proposed trees is required. This will allow the applicant to shift
some of these trees to the southern property line where there is currently a void in
landscaping adjacent to 147th.
Several trees are proposed on the Megellan gas line easement. The landscape plan shall be
amended to relocate these as no landscaping is permitted within the easement. This is an
additional opportunity to relocate some trees to the southern property line.
Elevations/Facade
The applicant has updated the building elevations since the original submission. These plans
included additional color detail and higher grade materials than originally proposed. The
buildings will have pitched rooftops with typical asphalt shingles.
The primary facade is proposed to splitface textured concrete block that is tan in color. A
band of maroon colored block is proposed around the middle of the elevation to provide a
visual break. The fascia is proposed to be a white aluminum and the remaining wall area is a
white smart board lap siding.
The design of these buildings, with asphalt shingles and the smart board lap siding is more
residential in character, but allows a transition from the neighboring residential properties.
Engineering/Fire:
Engineering has noted a few discrepancies with the location of the cul-de-sac as shown on the
plans. A newly designed cul-de-sac was part of the Wasatch Storage project and will be
required to be shown on the plans. This could affect the setbacks on the site for parking and
will need to be evaluated when resubmitted.
Fire and Engineering have expressed concerns that fire trucks may be unable to navigate the
site and have required that autoturn drawings be provided with the re -submission to verify
adequate access. Due to the access gate at the site entrance fire will also require a lockbox
for 24-hour access in the event of an emergency. All buildings over 5,000 sq. ft. shall be
sprinkled per the state fire code.
Park Dedication:
Park dedication for this property was deferred to the final plat as part of the Apple Valley
Wasatch platting. As land is not available for dedication, cash in lieu is calculated at
$6,992.13.
BUDGET IMPACT:
N/A
ATTACHMENTS:
Area Map
Zoning Map
Site Plan
Landscaping Plan
Utilities Plan
Elevations
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Appl all
Valley
ITEM:
PLANNING COMMISSION MEETING DATE:
SECTION:
6.A.
September 5, 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
SUM MARY:
Next Planning Commission Meetings:
Wednesday, September 19, 2018 - 7:00 p.m.
• Public hearing applications due by 9:00 a.m. on Wednesday, August 22, 2018
• Site plan, variance applications due by 9:00 a.m. on Wednesday, September 5, 2018
Wednesday, October 3, 2018 - 7:00 p.m.
• Public hearing applications due by 9:00 a.m. on Wednesday, September 5, 2018
• Site plan, variance applications due by 9:00 a.m. on Wednesday, September 19, 2018
Next City Council Meetings:
Thursday, September 13, 2018 - 7:00 p.m.
Thursday, September 27, 2018 - 7:00 p.m.
BACKGROUND:
N/A
BUDGET IMPACT:
N/A