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HomeMy WebLinkAbout12/05/2018••• •••• Apple II Valley Meeting Location: Municipal Center 7100 147th Street West Apple Valley, Minnesota 55124 December 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 October 3, 2018, Regular Meeting B. Set the 2019 Planning Commission Regular Meeting Schedule 4. Public Hearings A. Panera Bread Restaurant - PC 18-33-ZCB 1. Consider a Zoning Amendment, Conditional Use Permit and Site Plan/Building Permit Authorization to Allow for Construction of 4,820 -sq. ft. Restaurant with Drive -Through Window Service Location: 15200 Cedar Avenue Petitioner: Panera Bread, LLC and Brixmor Southport Centre, LLC B. The Shores - PC18-16-PZCSB 1. Consider an Amendment to the 2030 Comprehensive Plan Land Use Map, Rezoning, Subdivision, Conditional Use Permit and Site Plan/Building Permit Authorization to Allow for the Construction of 101 Townhomes on 9.8 Acres Location: Northeast comer of 157th Street West and Johnny Cake Ridge Road Petitioner: Pulte Group, Inc. and Rockport, LLC C. Hy -Vee Convenience Store Pennock - PC18-32-SCBVFG 1. Consider Preliminary Plat (or Replat) of Apple Valley Square 6th Addition to Attach 2,582 Sq. Ft. Former Right -of -Way to Subject Lot 2. Consider Conditional Use Permits (CUP) for Motor Fuel Sales and Outdoor Storage of Ice Chest and LP Storage Cage 3. Consider Various Building and Parking Lot Setback Variances 4. Consider Site Plan/Building Permit for Construction of 4,400 sq. ft. Convenience Store with Motor Fuel Sales Location: 7668 - 150th Street West Petitioner: Hy -Vee Inc. and Java Capital Partners 7668 150th St LLC 5. Land Use / Action Items 6. Other Business A. Review of Upcoming Schedule and Other Updates Next Planning Commission Meeting - Wednesday, December 19, 2018 - 7:00 p.m. Next City Council Meeting - Thursday, December 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 l App Valil ley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 3.A. December 5, 2018 Consent Agenda Description: Approve Minutes of October 3, 2018, Regular Meeting Staff Contact: Joan Murphy, Department Assistant Department / Division: Community Development Department ACTION REQUESTED: Approve minutes of regular meeting of October 3, 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 OCTOBER 3, 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, Tim Burke, Keith Diekmann and Paul Scanlan. Members Absent: Jodi Kurtz, and David Schindler. Staff Present: City Attorney Sharon Hills, Community Development Director Bruce Nordquist, City Planner Tom Lovelace and Department Assistant Joan Murphy. 2. APPROVAL OF AGENDA Chair Melander asked if there were any changes to the agenda. MOTION: Commissioner Diekmann moved, seconded by Commissioner Alwin, approving the agenda. Ayes - 5 - Nays - 0. 3. CONSENT ITEMS Commissioner Burke asked that the September 19, 2018, minutes be pulled from the Consent Agenda for discussion. Minutes were pulled from consent and discussed by the Commission. Burke outlined revisions to be made to the minutes regarding the Board of Appeals & Adjustment hearing. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving the September 19, 2018 minutes as amended. Ayes - 3 - Nays - 0. Abstained — 2 (Melander and Scanlan) 4. PUBLIC HEARINGS -NONE- 5. LAND USE/ACTION ITEMS -NONE- 6. OTHER BUSINESS Chair Melander declared the Planning Commission recessed to be convened as the Board of Appeals & Adjustment. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, approving recess of the Planning Commission at 7:04 p.m. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota Planning Commission Minutes October 3, 2018 Page 2 of 3 A. Miller Farms of Lakeville, LLC Appeal to Apple Valley Board of Adjustment — PC18-22-M Chair Melander called the Board of Appeals and Adjustments to order at 7:05 p.m. Attorney Sharon Hills introduced the item, reminding the Board that the hearing for the appeal by the Miller Farms of Lakeville, LLC. was held at last meeting, September 19, 2018. The appeal was to consider the zoning administrator's determination that a residential use is not a permitted use on the property at 5751 15e Street West, Apple Valley, Minnesota, noted it is zoned Business Park. She said the Board had moved to recommend the zoning administrator's determination be affirmed, the appeal be denied and directed staff to prepare a draft written recommended findings and decision. She said provided for the Board is a draft recommended findings and decision for consideration and action. She said upon the action by the Board, it will go to the City Council for final determination. Commissioner Alwin stated that in the last paragraph in the phrase that reads "that the Appellant's appeal challenging is hereby denied" that the word "challenging" be stricken from the sentence. MOTION: Commissioner Burke moved, seconded by Commissioner Diekmann, recommending approval of the written recommendation finding and fact of the decision as amended be moved on to the City Council. Commissioner Scanlan said he was absent during the hearing on September 19, 2018, but he did have the opportunity to view the video and support material from staff in addition to the minutes. Chair Melander stated he also reviewed the video and minutes from the September 19, 2018, meeting and spoke with staff to clarify any questions. Ayes -5 -Nays -0. MOTION: Commissioner Alwin moved, seconded by Commissioner Diekmann, adjourning as the Board of Appeals at 7:09 p.m. Ayes - 5 - Nays - 0. At 7:09 p.m., Chair Melander stated they will now reconvene as the Planning Commission of Apple Valley. B. Review of upcoming schedule and other updates. Community Development Director Bruce Nordquist stated that the next regular Planning Commission meeting would take place Wednesday, October 17, 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 October 3, 2018 Page 3 of 3 MOTION: Commissioner Alwin moved, seconded by Commissioner Scanlan to adjourn the meeting at 7:10 p.m. Ayes - 5 - Nays - 0. Respectfully Submitted, /s/ Joan Murphy Joan Murphy, Planning Department Assistant Approved by the Apple Valley Planning Commission on Tom Melander, Chair l App Valil ley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 3.B. December 5, 2018 Consent Agenda Description: Set the 2019 Planning Commission Regular Meeting Schedule Staff Contact: Joan Murphy, Department Assistant Department / Division: Community Development Department ACTION REQUESTED: Set the 2019 Planning Commission regular meeting schedule, in accordance with adopted policy, on the first and third Wednesdays of each month. SUMMARY: In accordance with current policy, following is the tentative schedule of regular meetings for the year of 2019. The calendar includes application deadlines. BACKGROUND: Agenda packet preparation will take place on Fridays preceding regular Planning Commission meetings. Regular meetings will be held on the first and third Wednesday of each month. BUDGET IMPACT: N/A ATTACHMENTS: Calendar APPLE VALLEY PLANNING COMMISSION 2019 MEETING CALENDAR AND APPLICATION DEADLINES Meetings are held on the first and third Wednesdays of each month at 7:00 p.m. at the Apple Valley Municipal Center, 7100 -147th Street West APPLICATION DEADLINE for Public Hearings: Rezonings, Subdivisions, Preliminary Plats, Conditional Use Permits, Comp Plan Amendments, Interim Use Permits Wednesday, 9:00 a.m. December 12, 2018 December 19, 2018 January 9, 2019 January 23, 2019 February 6, 2019 February 20, 2019 March 6, 2019 March 20, 2019 April 3, 2019 April 17, 2019 May 8, 2019 May 22, 2019 June 19, 2019 July 10, 2019 July 24, 2019 August 7, 2019 August 21, 2019 September 4, 2019 September 18, 2019 October 9, 2019 November 6, 2019 November 20, 2019 * Odd date due to Holiday occurrence. ** Only one meeting this month. s:\planning\private\plancomm\calendars\2019 final.doc APPLICATION DEADLINE for Site Plan Reviews, Variances, Sketch Plans, etc. Wednesday, 9:00 a.m. December 26, 2018 January 2, 2019 January 23, 2019 February 6, 2019 February 20, 2019 March 6, 2019 March 20, 2019 April 3, 2019 April 17, 2019 May 1, 2019 May 22, 2019 June 5, 2019 July 3, 2019 July 24, 2019 August 7, 2019 August 21, 2019 September 4, 2019 September 18, 2019 October 2, 2019 October 23, 2019 November 20, 2019 December 4, 2019 MEETING DATE Wednesday, 7:00 p.m. January 9, 2019* January 16, 2019 February 6, 2019 February 20, 2019 March 6, 2019 Annual Mtg. March 20, 2019 April 3, 2019 April 17, 2019 May 1, 2019 May 15, 2019 June 5, 2019 June 19, 2019 July 17, 2019** August 7, 2019 August 21, 2019 September 4, 2019 September 18, 2019 October 2, 2019 October 16, 2019 November 6, 2019** December 4, 2019 December 18, 2019 ... .... •••• ..• l App Valil ley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 4.A. December 5, 2018 Public Hearings Description: Panera Bread Restaurant - PC18-33-ZCB Staff Contact: Thomas Lovelace, City Planner Department / Division: Community Development Department ACTION REQUESTED: Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on a item the night of its public hearing. SUMMARY: Panera Bread, LLC and Brixmor Southport Centre, LLC are requesting approval of a planned development ordinance amendment, conditional use permit and site plan/building permit authorization to allow for construction of a 4,820 -sq. ft. Class I restaurant with drive-through window service on an existing 1.28 -acre lot. The site is located at 15200 Cedar Avenue, in the Southport Centre retail development and is the current location of the Baker's Square restaurant. The site is located in zone 2 of Planned Development No. 244, which allows for Class I and II restaurants as permitted uses and drive-through window service in conjunction with a Class II restaurant as a conditional use. The applicant is requesting that the planned development ordinance be amended to allow for drive-through window service in conjunction with a Class I restaurant as a conditional use. BACKGROUND: Comprehensive Plan: The subject property is currently designated "C" (Commercial) on the 2030 Comprehensive Plan Land Use Map. 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. Examples of limitations to development include required parking, building setbacks, infiltration, site access and lot coverage. Retail uses typically encompass the traditional community shopping businesses and occupy much of the downtown area. This specific commercial land use is intended to accommodate a wide range of commercial goods and services. Off-site impacts include activity, light, noise and generally higher traffic generation rates than other commercial uses. Residential developments are not allowed within this land use category except for those planned in conjunction with a planned development (PD zoning), or within the upper floors of multi-level buildings as a conditional use to ensure that impacts are mitigated. Retail land uses will be zoned RB, SC, and PD, which allows uses according to the specific performance standards: • High quality site and architectural design and building materials are expected to be used within this land use category to promote pleasing off-site views of the development; Development in the downtown area shall adhere to the Downtown Design Guidelines; • Landscaping shall be installed to provide aesthetic treatment of buildings and to soften parking lot areas; • Significant traffic generation during the weekday and weekends is associated with retail development. Traffic studies may be requested in conjunction with the review of large developments that have the potential to threaten the integrity of the existing and planned roadway system. Additionally, developments that lower the level of service on adjacent roadways or intersections may be required to install traffic improvements to improve the level of service to its pre -development condition if City approval is granted. • Driveway access points to the development shall be from non -local streets or those designed for primarily non-residential traffic. No direct access to County Road #42 and Cedar Avenue shall be allowed; and • Lighting is limited to parking lot and building illumination designed for employee safety. Zoning/Conditional Use Permit: The site is located in zone 2 of "PD -244" (Planned Development. The purpose of this planned development zone is to provide a mix of shopping center, freestanding retail and limited business uses, including restaurants. The proposed restaurant is classified as a Class I Casual Restaurant, which is a permitted use. However, drive-through window service is not a permitted, conditional, or accessory use in this planned development except as part of a Class II (fast-food) restaurant. It should also be noted that the definition section of the code specifically states that drive-through service in conjunction with a Class I restaurant is not allowed. The applicant is requesting that the planned development ordinance be amended to allow drive-through window service in conjunction with a Class I restaurant as a conditional use in zone 2. The City may want to consider placing the following conditions: 1. Only one Class I restaurant with drive-through window service shall be allowed on zone 2. 2. The restaurant shall be a freestanding facility. 3. Only one drive-through lane and menu board shall be allowed. Site Plan: The site is currently occupied by 5,738 -sq. ft. restaurant and 72 parking spaces on 1.28 acres. The applicant will be removing the existing structure, curb and gutter, directly adjacent and to the east of the building, pavement, concrete sidewalks, and landscaping in preparation for the construction of the new restaurant. The new 4,820 -sq. ft. building will be constructed on the 1.28 -acre site, as well as 23 new parking spaces, a 12 -foot wide drive lane, and trash enclosure. Infiltration basins will be constructed along the east, north and west side of the property. The 48 existing parking spaces, in addition to the 23 new spaces, will provide parking for the restaurant. The minimum required parking for this proposed project is 51 spaces. An outdoor seating area will be located at the southwest corner of the site. Decorative fencing will be installed on the west and south side of the seating area, which will provide barrier between diners and vehicles exiting the drive-through lane. A sidewalk connection should be extended from the front of building to Cedar Avenue. This sidewalk will likely cross in front of the drive-through lane. Therefore, some type of speed control should be installed at that location that will minimize any vehicular/pedestrian conflicts. Parking lots with fifteen (15) or more parking spaces shall provide for parking for bicycles adjacent to the front of the building at a location that will not impede use of any sidewalk. The applicant shall be required to install a bike rack in front of building. Grading Plan: Minimal grading will be necessary to prepare the site for the new building. The City Engineer has reviewed the grading plan and his comments are contained in his attached memo. The applicant shall submit revised plans for staff review prior to any recommendation. Elevation Drawings: The elevation plans indicate an exterior finish that will include a combination of brick and EIFS. Other features that will enhance the look of the building will include aluminum canopies above the building entrances and fabric canopies above the windows. The materials and building design will be compatible with the existing structures within the planned development. The applicant has not provided elevations for the trash enclosure. The enclosure's exterior finish shall be similar to the exterior finish of the building. Elevation drawings should be submitted prior to any recommendation by the Planning Commission. Landscape Plan: The landscape plan identifies a variety of plantings around the perimeter of the building and trash enclosure. They will be saving some existing trees on the site, including trees along Cedar Avenue and in the undisturbed area of the parking lot. This will include two ash trees in the southeast parking island, which could be susceptible to Emerald Ash Boer. Those trees should be removed and replaced with a disease resistant species. The applicant should work with the City on identifying additional plantings in the infiltration basins, which will help to enhance those areas. City code requires that the minimum cost of landscaping materials (live plant materials, excluding sod) for commercial projects shall be 2.5% of the estimated building construction cost based on the Means construction data. Availability of Municipal Utilities: The City Engineer has reviewed the utility plans and his comments are contained in his attached memo. The applicant shall submit revised plans for staff review prior to any recommendation. Street Classifications/Accesses/Circulation: The property is located adjacent to Cedar Avenue to the west, and private drives to the north and east. No access shall be allowed from Cedar Avenue. The site plan shows that direct access will be from the private drive located to east of the site. A cross access/parking easement between this property and the lot to the south will provide additional access to the site. Pedestrian Access: The applicant shall provide a sidewalk connection from the site to the sidewalk along Cedar Avenue. Signs: The building elevation plan identifies several signs and the site plan shows the locations of directional signage and drive-through window service menu boards. Approval of any signage is not part of this request. All signage shall conform to the regulations set forth in the planned development ordinance and Chapter 154 of the city code. Public Hearing Comments: The public hearing should be opened, comments taken and the hearing closed. It is the policy of the Planning Commission not to act on the night of the public hearing. BUDGET IMPACT: N/A ATTACHMENTS: Memo Map Map Map Plan Set Elevations CITY OF Apple 'Valley MEMO Public Works TO: Tom Lovelace, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: November 28, 2018 SUBJECT: Panera Bread Restaurant — (Baker's Square Site). 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. Permits 2. A Minnesota Pollution Control Agency (MPCA) National Pollutant Discharge Elimination System (NPDES) permit is required for any project that disturbs more than one acre. Provide a copy of the executed permit prior to construction. 3. A City of Apple Valley Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity. 4. A Dakota County Right -of -Way permit will be required for work within the Cedar Avenue right-of-way. Provide a copy of the executed permit prior to construction. 5. Provide a copy of the approval letter from the Department of Labor and Industry (DOLI) prior to construction. 6. Provide a copy of any other required permits. Site 7. An existing tree near the northwest comer of the site is indicated to remain, but will be in conflict with the proposed sanitary sewer service. This tree should be shown as being removed on the Demolition Plan and replaced with a tree of the same species on the Landscape Plan. 8. The existing colored concrete sidewalk within the Cedar Avenue right-of-way will be in conflict with the proposed sanitary sewer service. This concrete sidewalk should be shown as being removed on the Demolition Plan and replaced with matching colored concrete on the Site Plan. 9. Construction of the proposed 12" HPDE storm sewer will require additional concrete curb and gutter and bituminous pavement removal beyond what is already shown. 10. A sidewalk connection to Cedar Avenue and raised concrete pedestrian crossing through the drive-thru lane is to be constructed as part of this project. The grading will need to be modified to accommodate this sidewalk connection. Coordinate the final location of the sidewalk connection with the City of Apple Valley. 11. Indicate the required parking stalls on the Site Plan. 12. Indicate the detail number for van accessible spaces on the Site Plan. 13. Include detail 12F for parking lot sign base supports in the plan. 14. Provide the ALTA survey and photometric plan for review and approval by City Engineer. 15. Provide an additional drawing showing vehicle turning movements to ensure site circulation requirements for emergency vehicles. 16. Provide an additional drawing showing vehicle turning movements to ensure site circulation requirements for typical delivery vehicles. 17. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Grading, Drainage and Erosion Control 18. Provide overall site composite Curve Number (CN) on the plans. 19. Show all emergency over flow (EOF) elevations. The finished floor/low opening elevation must be 1' minimum above the EOF elevation. 20. Show the anticipated 100 -year high water level. The finished floor/low opening elevation must be 3' minimum above the 100 -year high water level. 21. An additional outlet on the east basin is recommended. This area receives a large drainage contribution and is unlikely to drain in larger storm events. The culvert behind the trash enclosure lacks cover and is shown with plantings over the top. It is recommended that the culvert be removed. 22. Proposed filtration basin shall be privately owned and maintained. A filtration basin Construction and Maintenance Agreement will be required as part of Development Agreement. 23. Filtration basin cannot encroach into existing drainage and utility easements. 24. Electrical Pad cannot be located in filtration basin. Elevations should be revised or pad should be relocated out of proposed basin. 25. Utilities are not allowed within filtration/infiltration basins. 26. The wrong storm water reviewing agency is listed on the grading plan. Plans should be submitted to the City of Apple Valley. 27. The plans submitted do not meet the minimum requirements required by the State of Minnesota for the SWPPP. Further detail is required with regards to temporary and permanent ESC BMP placement, installation, and design. 28. Please note, the State of Minnesota prohibits contact of concrete wash water and other slurries with the soil in most cases, and not just storm water. 29. Plans do not show sufficient projection of storm water infiltration BMPs during construction. Perimeter controls are needed around infiltration BMPs. Protections from compaction and clogging are required. 30. Riprap is not recommended as a standalone storm water BMP pretreatment device and inlet for storm water BMPs other than as a velocity/erosion control on storm water ponds. Frequent maintenance activities, such as removal of sediment from the pretreatment device, is extremely difficult with riprap. It requires complete removal and replacement of the riprap. Other options for BMP pretreatment can be found on the Minnesota Storm water Manual website. Consider installing an outlet structure such as Rain Guardian at filtration basin outlets. 31. Slope on gutter to concrete flume does not match the standards of the Low Impact Development Standards for Dakota County, Minnesota as developed by the Dakota County SWCD; minimum 12% slope required. Water is likely to bypass the inlet as currently designed. http://www.dakotaswcd.org/technical reports.html 32. The riprap pad detail lacks a plunge pool as required. Riprap needs to be placed such that the uppermost portions are below the flared end invert to reduce rock washout/movement and to reduce the likelihood of water bypassing the riprap to erode and flow around the outside edges of the riprap causing erosion. See Apple Valley Detail Plate STO-10 for reference. 33. The filter media depth is insufficient. The Minnesota storm water manual recommends a filter media depth of 2.5' and that the filter media depth be increased to 3' if trying to capture dissolved phosphorus. 34. The project is located in the High Vulnerability DWSMA. Per the requirements of the MN Construction NPDES Permit and Apple Valley SWMP, infiltration is permitted as long as a higher level of engineering review determines that it is safe and they meet the standards of the state construction permit. In particular, section 16.16 of the NPDES permit prohibits infiltration in soils with an infiltration rate measured above 8.3" per hour. 35. The project is in an area that is tributary to East Lake, which is impaired due to excess phosphorus. Per Minnesota Storm water Manual guidance, filtration BMPs with an underdrain must either use bio retention soil with phosphorus content between 12 and 36 mg/kg (ppm) or use bio retention soil with a soil amendment that facilitates adsorption of phosphorus to receive phosphorus reduction credit. Soil mix B is unlikely to meet either of those standards. The soil mix needs to be amended for phosphorus reduction. Options are to use peat in place of leaf litter compost or to amend the mix with iron filings from an approved source. The Minnesota Storm water Manual provides additional guidance on options for amending the soil mix. 36. Recommend adding an additional note to the herbicide notes indicating that all herbicides used in the bio retention basin must be labeled as safe for use near water. 37. The native seed establishment plan lacks sufficient detail, please provide seeding rates. Times of year when seeding is optimal and weed management tactics need to be specified to be consistent with MN DOT or MnBWSR guidelines. A combination of tall height (12"-18") mowing and spot spraying is required. Plan details on keeping heavy equipment out of the basins is required. Watering may also be required in some instances. 38. Hydraulic mulch and tackifiers are not appropriate for use in areas that will receive concentrated flow such as the bio retention basin; disk anchored mulch is not appropriate due the use of heavy equipment during installation. Recommend use of a blanket product instead. 39. Storm water flow to the bio retention basins must be cut off until permanent vegetation is sufficiently established to prevent washout of seed and coverage of the basin bottom. It may take over a year for native vegetation to establish. Plans need to indicate how this will be accomplished and how storm water will safely be routed around the site in the interim. The contractor may need to provide watering while storm water flows are cut off. Establishment time may be accelerated if switching to a plug planting instead of a seeding. 40. There is an existing catch basin in the eastern parking lot. Will a portion of the storm water generated on site bypass treatment by flowing to this catch basin? 41. The bio retention basin along the northern border of the property is very narrow with a relatively flat slope: less than 2' wide. The slope seems insufficient to adequately conduct flows for a ditch and there is no underdrain in this area. This may not be an appropriate area or size for siting of a bio retention basin. a. Due to the high volume of people that can potentially view these planted areas along the Cedar Ave corridor, it may be advisable to transition from a seeding to a planting plan for faster establishment. A planting will give more control over the overall all look of the basin. Additionally, the narrowness of the ditch/basin along the northern border may look odd in the middle of a sodded area — as proposed 2" to 4" grass, with a 1' -2' wide strip of native vegetation plants that potentially reach 7' tall. Switching to a planting could alleviate and control for some of the height concerns in this area, the narrowness will likely be confused as an area to mow regularly. 42. Generally Seed mix 33-261 is recommended for infiltration basin bottoms and 35-241 for infiltration side slopes. 35-241 may be less successful establishing in areas that don't drain quickly (> 12 hours to drain). The contractor will be responsible for ensuring all portions of the basin are permanently established with weed free perennial vegetation. 43. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Sanitary Sewer 44. The existing sanitary sewer service should be identified on the plans and shown as either removed or abandoned in place. The existing wye shall be capped as part of the removal/abandonment. 45. Indicate the existing sanitary sewer pipe size and material at the connection point. 46. Indicate the proposed sanitary sewer pipe invert elevation at the connection point. 47. Sanitary sewer cleanout should not be located within filtration basin. 48. Review the minimum cover required or include insulation above the service line where crossing the proposed filtration basin. Consider modifying the grading to avoid removing cover over the sanitary service or insulating the sanitary service. 49. Confirm that the proposed sanitary sewer pipe grade meets the requirements specified in the Minnesota Plumbing Code. 50. Final sanitary sewer design shall be reviewed with the construction plans and approved by City Engineer. Water main 51. Evaluate the amount of cover being removed from the existing water service pipe on the east side of the site due to the construction of the filtration basin. Apple Valley standard is 8' minimum cover for all public water main. Consider modifying the grading to avoid removing cover over the water service or insulating the water service. 52. Confirm that all pipe crossings have been evaluated and will provide the required minimum vertical separation as specified by the Minnesota Department of Health and Department of Labor and Industry. 53. Provide a drawing showing hydrant coverage for the site. Commercial zones require 450' radius for coverage. 54. 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. 55. Final water main design shall be reviewed with the construction plans and approved by City Engineer. Storm Sewer 56. The drain pipes on the north side of the building that are designated as being connected to the down spouts stop at the curb. Are these intended to outlet into the drive-thru lane or are they to be extended into the filtration basin? Direct discharge to the drive-thru lane will not be allowed. 57. Confirm that the existing catch basin near the south side of the site is adequately sized to allow for an additional 12" HDPE pipe connection at the proposed angle. 58. Include detail 28A for storm drain pipe bedding in the plan. 59. Include detail 73A for drainage structure modification in the plan. 60. The existing storm sewer that is shown as being connected to is privately owned. An agreement between the property owners will need to be provided prior to the storm sewer connection. 61. Provide storm water calculations and storm water management plan for review and approval by the City Engineer. 62. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. Landscape and Natural Resources 63. Existing trees planted along Cedar Avenue and those to the north shall remain and be protected throughout construction. 64. The proposed demolition plan shows 8 trees being removed, while saving 2 ash trees in the southeastern island. If these trees have not been preventatively treated with an insecticide it would be best to remove and replace these two trees as well. Emerald Ash Borer was confirmed directly across from this site in winter 2018, so it is highly likely these will also be infested. 65. 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December 5, 2018 Public Hearings Description: The Shores - PC18-16-PZCSB Staff Contact: Thomas Lovelace, City Planner Department / Division: Community Development Department Applicant: Pulte Group, Inc. Project Number: PC18-16-PZCSB Applicant Date: 11/28/2018 60 Days: 1/27/2019 120 Days: 3/27/2019 ACTION REQUESTED: Open the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on a public hearing item the night of the public hearing. SUMMARY: The applicant is requesting the following: 1. An amendment to the 2030 Comprehensive Plan Land Map re -designating approximately 2.5 acres from "LD" (Low Density Residential/ 2-6 units per acre) and 7.3 acres from "HD" (High Density Residential/12+ units per acre) to "MD" (Medium Density Residential/6-12 units per acre). 2. Rezoning of 9.8 acres of property from "SG" (Sand and Gravel) to "M-6" (Medium Density Residential/6-12 units per acre). 3. Subdivision of 78 acres into 101 residential townhome lots and twelve (12) outlots. 4. Conditional use permit to allow for townhome construction with exposed finish materials other than those provided under section 155.346 of the city code. 5. Site plan/building authorization to allow for construction of 101 townhome dwelling units on 9.8 acres. The applicant is proposing to subdivide approximately 78 acres into 101 lots and thirteen (12) outlots for the purpose of developing the southwest 9.8 acres of the subdivision for townhomes. Outlots A through D will be used for private streets within the townhome development, with Outlots E through J devoted as common space. Outlot K is proposed to be dedicated to the City for public park purposes. Finally, the 64 -acre Outlot L will be the location of two ponds and land that will be reserved for future commercial development on its eastern portion and multi -family residential in the northwest corner of the outlot. A conditional use permit (C.U.P.) has been approved for the "SG" zoned property within the proposed development, which allows sand and gravel mining. This proposal will end the ability of Fischer Sand and Aggregate, the current owner, to mine the property. Therefore, the owner will need to release the sand and gravel mining C.U.P. on the southwest 9.8 acres of the site. Staff will work with the developer and property owner with the amendment of the C.U.P. Mining operations will continue north of the proposed development, which could result in potential conflicts. This will need to be addressed through the zoning code regulations that establish setbacks between residential property and mining operations, operating hours, and screening. The proposed 9.8 -acre townhome development in the southwest corner of the overall site will require approval of the before -mentioned Comp Plan Land Use Map re -designation, rezoning, and conditional use permit. The remainder of the property will retain its current Comp Plan Map designation and zoning until development requests are brought before the City for consideration. BACKGROUND: Comprehensive Plan Amendment: The 2030 Comprehensive Plan Land Use Map currently designates approximately 11 acres of the proposed site "LD" (Low Density Residential/ 2-6 units per acre) and 29 acres "HD" (High Density Residential/12+ units per acre). The proposed 2040 Comprehensive Plan Land Use Map designates the whole site "HD". The applicant is requesting re -designation of approximately 2.5 acres of the existing "LD" area and 7.3 acres of the "HD" area to "MD" (Medium Density Residential/6-12 units per acre). The proposed 101 -unit townhome development will have a density of 10.3 units per acre, which would exceed the maximum units per acre allowed in the "LD" designation and would be below the minimum in the "HD" designation. Medium Density Residential land uses includes townhomes, other attached single-family dwellings, low-rise apartments, and condominiums at densities that range between six and twelve units per acre. This designation fits with the "M-4", "M-5", "M-6" multi -family zoning districts, and some "PD" (Planned Development) zoning districts. There is some concern with how this proposed amendment and development will impact the adjacent property that will not be re -designated. The applicant has provided a plan that shows all of the property to the north being developed as townhomes. Rezoning: The applicant is requesting a rezoning of the property from "SG" (Sand and Gravel) to "M-6" (Multiple Family Residential/6-12 units per acre. The "M-6" districts are intended for those areas which are designated for "medium density" in the comprehensive guide plan, where a moderately high density of townhouse or apartment dwelling units is expected. Property within these districts are characterized by relatively level topography, the minimal presence of significant mature vegetation and proximity to either neighborhood or community collector roads or to arterial roads. The subject property meets all the characteristics of the "M-6" zoning district. Townhouse dwellings are a permitted use with the "M-6" zoning district as long as no building contain in excess of 12 dwelling units. The proposed development will have fourteen 4 -unit, three 4 -unit, and five 6 -unit buildings. The zoning code also has three different zoning designations, "A", "B" and "C", which identifies building setbacks, height, number of stories and maximum impervious surface. The applicant has requested a "C" zoning classification for their development, which allows for least restrictive setbacks. For example, building setbacks along 157th Street West is 75 feet in the "A" designation, 50 feet in the "B" and 40 feet in the "C". Conditional Use Permit: Section 155.346 of the zoning states that " Multiple residential buildings adjacent to "R" zones or occupied "M" zones shall have a vertical exposed exterior finish consisting of at least 50% non-combustible, non -degradable and maintenance -free construction materials (such as face brick or natural stone but excluding such construction materials as sheet aluminum, iron or concrete block of any kind or similar), with the balance being a non -manufactured natural construction material such as plank cedar or redwood". The applicant is proposing an exterior finish consisting of vinyl siding, with one-third of the units having cultured stone accents, which not in conformance with section 155.346. However, section 155.078 (C) of the ordinance does allow apartment or townhouse dwelling units constructed with exposed vertical exterior finish materials other than those provided under section 155.346 as a conditional use when: 1. The proposed materials represent the same or similar materials used on at least 66.7% and of the existing buildings within 350 feet of the site. 2. The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required. 3. The materials have the appearance of wood siding having a maximum plank width of 12 inches. Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood or similar materials be used which have no three-dimensional relief, nor shall plain or painted plain concrete block be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block. Preliminary Plat: The property within the proposed preliminary plat is currently a 78 -acre unplatted parcel. The petitioner is proposing to plat the southwest 9.8 acres of the parcel into 101 lots and 11 outlots (Outlots A through J). The lots are being platted for the purpose of constructing 101 townhomes, with the outlots being used for a variety of purposes that include common open space, guest parking spaces, utilities to serve the units, and private streets/drives. The applicant would like to dedicate Outlot K to the City for public park. This outlot will be the location 12 -foot wide trail that will connect to the trail along the north side of 157th Street West and will extend north into Outlot L. The City's Park and Recreation Advisory Committee, at their December meeting, will review this proposed park dedication of Outlot L and provide a recommendation as to its benefit to the City. The remaining 64 -acre outlot (Outlot L), will be reserved for future residential and commercial development and will be the site of two storm water ponds, as well as a section of the North Creek Greenway trail. Development of Outlot L may require Comprehensive Plan amendments and will require rezoning of the property. No drainage and utility easements have been identified on the preliminary plat. The plat should show the dedication of draining and utility easements sufficient to serve all units within the development, either as defined or blanket easements. The plat should also show the dedication of road right-of-way that will be necessary to serve the plat. The applicant will be required to dedicate one foot (1') wide easements which restrict direct driveway access to all city streets abutting the plat except at locations approved by the City. They will also be required to dedicate to Dakota County an access restriction easement along Pilot Knob Road. Livable Communities Impact: The proposal will add 101 market -rate townhomes to the City's existing housing stock, which is consistent with the Livable Communities Act. Site Plan: The site plan indicates the construction of fourteen 4 -unit, three 5 -unit, and five 6 -unit townhouse buildings on approximately 9.8 acres. The net density for this project will be 10.3 dwelling units per acre. The applicant is proposing to develop the site in two phases, with the east 45 units in the first phase and remaining 56 units in the second phase. The dwelling units within the site will be served by private streets. One of the streets will intersect with 157th Street West in the southeast comer of the site and Johnny Cake Ridge Road in the northwest comer. This street will be aligned with Evendale Avenue to the south and will provide a full compliment of turning movements in and out of the development. The Johnny Cake Ridge Road intersection will be a right in/right out intersection only. This street will also extend to the north and will terminate at the property line. It is expected that this street will extend in the future into the property north of the site. A temporary "hammerhead" turnaround will be constructed until such time that it is extended to the north. City code requires a minimum of one and one-half parking spaces, and two garage spaces per townhouse dwelling unit. Each dwelling unit will have a minimum two -car garage and a driveway that should be able to accommodate parking of two vehicles. Fifty-one guest parking spaces are proposed for the development, which meets the minimum required rate of 1/2 -space per unit. The site plan indicates that these spaces will be nine feet wide and 20 feet long, which meets city requirements. The proposed development will meet all building setbacks with the exception of the setback along the north property line. The plan indicates a 15 -foot setback at that location for the buildings located in Blocks 9, 16, and 17. The minimum required side or rear yard setback in the "C" district is 25 feet. The applicant has indicated that they will be the likely developer of the property to the north, which may bring the three blocks into conformance. However, that is not guaranteed, therefore, the units should meet the minimum setbacks. Street Classifications/Accesses/Circulation: The 9.8 -acre townhome site is bordered by Johnny Cake Ridge Road to the west and 157th Street West to the south. Johnny Cake Ridge Road is classified as a major collector street and 157th Street West is classified as a minor collector. No direct vehicle access from the individual units in this development onto Johnny Cake Ridge Road and 157th Street West is proposed. Private streets and drives will provide vehicular access to dwelling units and circulation within the development. All the private streets/drives have been designed to provide adequate flow of vehicular traffic throughout the project area. Vehicle access from this residential project to a public street will be via a right in/right out intersections along the east side of Johnny Cake Road, and a full intersection along the north side of 157th Street West. Pedestrian Access: The applicant is proposing a network of internal sidewalks with connections to pathways/sidewalks adjacent to future Johnny Cake Ridge Road and 157th Street West. The sidewalk between Block 20 and 21 should be extended to 157th Street West. The applicant is also proposing to construct a 12 -foot wide trail along the east edge of the property that will connect to the existing trail along 157th Street West and will extend north into Outlot L. Individual units in Blocks 17, 18, and 19 will be connected to the trail as well as a sidewalk connection between Blocks 18 and 19. The applicant has indicated that the trail will be constructed as part of their park dedication requirements. If it dedicated as a public trail, the City will not allow sidewalks from the dwelling units to connect to the trail. Grading and Utilities Plan: The City Engineer has reviewed the grading plan and his comments are included in the attached memo. Elevation Drawings: The applicant is proposing an exterior finish that will be consist of vinyl lap siding, which is not an approved exterior finish unless by conditional use. A conditional use permit application has been submitted for consideration by the City. Please refer to the applicant's narrative for additional information on the exterior finish of the buildings. Landscape Plan: The Natural Resources Coordinator has reviewed the preliminary landscape plans and her comments are contained in the City Engineer's memo. Revisions should be made to the plan per her comments. Recreation Issues: The City's subdivision regulations provide for dedication of land or easements for the purpose of offsetting the need created by new development for new parks or storm water holding ponds. The regulations also provide for a cash -in -lieu of land dedication and is based on a "benchmark" land valuation for raw land. The applicant has indicated that the park dedication for the proposed townhome development will be satisfied by the dedication of Outlot K, trail construction in the oultot, and park dedication fees. This proposed park dedication request will be reviewed by the Apple Valley Parks and Recreation Advisory Committee at their December meeting. Staff will present their recommendation at the next available Commission meeting. The applicant has indicated their belief that the City's park dedication fees do not provide the necessary legal nexus between need and the fee amounts. Staff is reviewing the City's park dedication requirements and will provide findings prior to any action by the Commission. Dakota County Review: Because the proposed development is located adjacent to a Pilot Knob Road (CSAH 31), it is subject to review by the Dakota County Plat Commission. This preliminary plat was reviewed by the Plat Commission at their November 26, 2018, meeting. Attached is a letter from the Commission with their findings. Public Hearing Comments: The Planning Commission should hold the public hearing, receive comments and close the public hearing. It is the policy of the Planning Commission not to act on an item the night of its public hearing. BUDGET IMPACT: N/A ATTACHMENTS: Applicant Letter Memo Background Material Letter Location Map Comp Plan Map Comp Plan Map Zoning Map Zoning Map Plan Set Site Plan Elevations Elevations Site Plan Pulte "THE SHORES" APPLICATION FOR: Comp Plan Amendment, Preliminary Plat, Rezoning, Site Plan Review APPLE VALLEY, MINNESOTA November 7, 2018 Introduction Pulte Homes of Minnesota, LLC ("Pulte") is pleased to be submitting this application. Pulte's company vision is "Building Consumer Inspired Homes and Communities to Make Lives Better". We are a Targe homebuilder with corporate offices in Atlanta, Georgia. We currently operate under three distinct brands of homebuilding throughout the country: Pulte Homes, Centex Homes, and Del Webb. Pulte's Minnesota Division has an office in Eden Prairie and will sell over 500 homes in the Twin Cities in 2018, all under the Pulte Homes brand. Pulte will act as both developer of the property and builder of the homes within this new neighborhood. The primary contact for Pulte is: Paul Heuer, Director of Land Planning & Entitlement 7500 Flying Cloud Drive, Suite 670 Eden Prairie, MN 55344 952-229-0722 Paul. Heuer(a�PulteGroup.com The owner of the property is: Rockport LLC 14698 Galaxie Avenue Apple Valley, MN 55124 Property Legal Descriptions & Addresses Legal Description: The North 1/2 of the Southeast 1/4 of Section 35, Township 115, Range 20, Dakota County, Minnesota, except that part platted as REGENTS POINT and also excepting those parts platted as QUARRY PONDS FOURTH ADDITION and QUARRY PONDS FIFTH ADDITION. Address: 15497 Pilot Knob Road Apple Valley, MN 55124 Key Facts • Existing zoning is Sand and Gravel (SG) • Proposed zoning is Multiple Family Residential District (M-6) • Proposed use is 101 multiple family residential townhomes • Property area = 9.791 acres • Density = 10.3 units/acre • Maximum allowed building coverage is 25%. This application is at 20.8%. • Key dimensions o 24 -foot private streets o 40 -foot setback along Johnny Cake Ridge Road and 157th St. West o 25 -foot setback to regional ponding outlot to the east o Distance between sides of buildings must be 1 5 -feet or half of the combined heights of buildings, which is 29.5 -feet. We used 30 -feet separation. o Distance between fronts, rears, or rear and sides must be 50 -feet or half of the combined heights (29.5 -feet). We used 50 -feet. Neighborhood Vision This property is well suited for multiple family residential housing due to its proximity to major transportation corridors, Quarry Point Park, the park and ride facility, retail establishments, and the future County regional trail planned immediately to the east of the neighborhood. Our vision is to target singles, young couples, young families, and even some empty nesters to own a home in a well -located area with access to many community amenities and within the highly rated RAVE school district. We have spent a considerable amount of time creating a neighborhood which is attractive and functional, while delivering an attainable price point. The above listed nearby amenities are very attractive to these home buyers. Whenever we are creating a sizable new neighborhood with townhomes, we take great care in creating variation throughout the neighborhood to make it attractive from the outside and feel livable from within. We utilized the following techniques to accomplish these goals: 1. Building Orientation - One important design attribute that can make a townhome neighborhood feel more "livable" is to vary the orientation of the buildings. This prevents the feeling of "barracks" that can sometime occur if attention is not placed on the geometric layout of the neighborhood. We have purposely utilized different strategies that result in the building orientations varying throughout the neighborhood. This variation in the orientation of the buildings is a key component in making a townhome neighborhood feel attractive and "livable." Please also note that we are positioning all garages to face inward, thereby displaying the attractive "fronts" of the buildings outward, specifically along 157th Street, Johnny Cake Ridge Road, and along the regional stormwater pond that is visible from the future retail and the trails planned through the area. 2. Entrance experience — At the primary entrance to the neighborhood off 1 57th St. West, we have purposely left open space on both sides of the road and beyond the first intersection. This, along with the addition of a center median, creates a pleasant and welcoming arrival to the new neighborhood. The visual impact of having open space at the first intersection is powerful and delivers a message of quality and attention to detail. In addition, placing amenities at this location (discussed in the next section) increases 2 social interaction since cars driving into the neighborhood will see neighbors who are using the amenities. 3. Private amenities - A key part of creating new neighborhoods is understanding our customers and anticipating their desires, This property is fortunate to have a very strong location surrounded by a variety of recreational, retail, and convenience -oriented amenities. Increasingly we are finding that our buyers would like social gathering areas within their neighborhoods. This is an important priority for many of our customers, and the size of this neighborhood is large enough to economically sustain such an amenity. Additional market research is necessary, but we are considering constructing a private tot lot and fire pit gathering area that will be owned and maintained by the neighborhood homeowner's association. 4. Pedestrian connectivity — A Dakota County regional trail is planned just to the east of the Shores which utilizes a tunnel beneath 157th Street West. In addition, there are sidewalks along both sides of 157th Street West, guiding pedestrians from the Shores to Quarry Point Park, the park and ride, and retail establishments to the east. A trail is planned along Johnny Cake Ridge Road as well. Within the neighborhood, we have designed a pedestrian system that conveniently connects to internal private amenities and the perimeter trail and sidewalk systems. This neighborhood is thoroughly integrated into the perimeter pedestrian systems. The applications included in this submittal pertain only to the area containing the 101 homes. However, we have also prepared and submitted a larger "ghost plat" for additional property which shows how this neighborhood could logically be expanded to the north in the future. Previous Application We submitted a Sketch Plan application for this property earlier this year and went before the Planning Commission on June 20th. Feedback was positive. Since then, the layout of the neighborhood was revised in a few minor ways to conform with City ordinances and City staff comments: 1. Perimeter setbacks were increased 2. Some internal dimensions were increased 3. Access to future Johnny Cake Ridge Road was moved slightly north Zoning & Comp Plan Guidance Existing zoning of the property is Sand and Gravel (SG). We are applying to rezone the site to Multiple Family Residential District M-6. The current 2030 Comprehensive Plan designates the site as Low Density Residential (LD) with a density of 2 to 6 units/acre and High Density Residential (HD) with a density of 12+ units/acre. The draft 2040 Comprehensive Plan designates the site as High Density Residential (HD) with a density of 12+ units/acre. The density of the Shores is 10.3 units/acre, which is similar to the overall density outlined in the 2030 Comprehensive Plan and slightly below the density outlined 3 in the 2040 Comprehensive Plan. As part of this application, we are requesting a Comprehensive Plan amendment to Medium Density Residential (MD) with a guided density range of 6 to 12 unitslacre. The range of density in the M-6 zone is 8 to 10 units/acre with three-story homes. Our density is slightly higher (10.3) than this range. We are utilizing zoning ordinance section 155.080 to apply a bonus density, for which the range of densities is 10 to 12 units/acre. Density bonuses are allowed for six different categories. The Shores provides common open space (a), private outdoor space (b), sound suppression (c), and private amenities (f). However, categories a, b, and f are somewhat complicated calculations. Since we are only requesting a bonus density of 0.3 units/acre, we will show the simple calculation for item c: sound suppression. "(c) Sound suppression: 1.50 unitslacre. This bonus shall be granted when multiple residential buildings are constructed with upgraded sound suppression materials in the walls, ceilings and floors which separate individual dwelling units. In order to be eligible, the STC rating must be increased by ten from that specified as the minimum in the Minnesota State Building Code." The Minnesota state code calls for not less than a rating of STC 45. We will be using a rating of STC 56, which is an increase of 11 or 24%. This brings the allowable density to 11.5 units/acre, well beyond the proposed 10.3 unitslacre. Park Dedication The Comprehensive Plan does not show a need for additional park land in this area. It is our understanding that the City would like to build a trail around the regional pond planned to the east. The land supporting this trail equates to 0.27 acres. See attached exhibit. We are assuming that the City would like this trail built in conjunction with development of this neighborhood. Therefore, park dedication will be satisfied by a combination of fees, trail land, and trail construction. It should be noted that the City's park dedication fees do not provide the necessary legal nexus between need and the fee amounts. It results in townhomes paying more than they should. Park needs are commonly determined by the number of people living in an area. However, your park dedication fee is calculated based on land value. On a per unit basis, multiple family homes pay a higher amount than single family homes even though on average a multiple family home has less people than a single-family home. We recommend that you revise your park dedication fees to correlate the fees with the generated demand (people per household). We also request that the Shores be credited after this change is made to your ordinance. The examples in your 2018 fee schedule result in a fee of $4,512.08funit for townhomes and $1 ,935.00/unit for single family homes. From our experience, the per unit park dedication fee for multiple family homes should be significantly less than for single family homes. Infrastructure City infrastructure is in place to serve this new neighborhood. 4 157' Street West is in place to serve Phase 1. It is our assumption that extension of Johnny Cake Ridge Road will occur in conjunction with development of Phase 2. Internal streets will be designed to standard private street requirements and will be privately owned and maintained by the homeowner's association. Sewer and water have both been extended to the property. Sewer and water extended through the neighborhood will be publicly owned and maintained within drainage and utility easements. The current land owner is working with City staff on the design and construction of a regional storm water facility directly to the east of the neighborhood. Storm sewer constructed within the neighborhood will be privately owned and maintained by the homeowner's association. The current property is being mined under a Conditional Use Permit. One requirement of this permit relates to perimeter berming requirements. As part of our plan set, we are showing a relocation of existing berming from immediately north of 157 Street West to immediately north of the new neighborhood. This will result in both compliance with the existing CUP as well as providing adequate screening/buffering between the land uses. Our Homes Pulte Homes is known for the extraordinary steps that we take to ensure that we are designing and building homes that meet the needs and desires of home buyers. We continually reach out to the public and Pulte homeowners to get feedback to improve our home designs. We call this Life Tested®. The Shores will have versatile 3 -story rowhomes, which will provide association -maintained lawn, snow removal, and building exterior maintenance. This type of home appeals to many singles, first-time home buying couples, young families, and even some empty nesters. We built almost identical homes in the Cobblestone neighborhood in 2016-2017 in "Trey Point," and the product was well received and sold out in less than 15 months. We anticipate the townhome prices to range from the high $200k's to the mid $300k's. Architecture Background For a variety of reasons, very few townhomes were built after the real estate crash began in 2007. Pulte and other builders have recently begun to carefully venture back into the townhome market. Given the long time span since rowhomes in have been built, the market environment has changed significantly, including the tastes and needs of the buying public. In response, Pulte has completed in-depth consumer surveys and designed what could be considered "version 2.0" for rowhomes. "Version 1.0" Rowhome Architecture One of the original primary drivers of sales for rowhomes is that it expands the range of consumers who can afford home ownership. In "version 1.0", this was typically accomplished by having identical floor plans and many exterior units being identical in appearance. A common theme was that some or most of the units within a building would have the same exterior 5 elevation. Another common theme was to have the same color scheme or two alternating color schemes for all individual units. "Version 2.0" Rowhome Architecture With Pulte's version 2.0, our goal is to maintain some level of price attainability, but to improve on the historical rowhome architectural themes. Our overall approach is to "individualize and stylize" each unit. The result is individual units which differ in architecture from all other units within the same building and which vary in color scheme from most homes within the neighborhood. This is a significant advancement in the approach to rowhome architecture. Our new rowhome incorporates the following individualizing features: a) Significant number of and varying orientation of windows providing interest to the exterior and transparency and daylighting on the interior b) Windows and building corners are wrapped with trim c) Different types of gables d) Pediments and brackets within the gables to add interest e) Window shutters f) Porches g) Horizontal banding boards between floors to add variety and differentiation h) Articulation of each unit; each unit is offset in depth from the adjacent units by two feet; this creates shadows which visually "break up" the front of the building i) Varied color scheme for each unit and for most units within our community (for example, we may have 25 different color schemes throughout the neighborhood) The result is that each unit will appear unique and distinct. See attached photos and elevations of Elevation A. Due to the size of this neighborhood, we wish to provide additional architectural variety. Therefore, we are introducing an upgraded Elevation B that includes additional architectural treatments such as: a) Cultured stone b) Bump outs c) Dormers d) Pediments, and e) Different siding patterns/materials. See attached photos and elevations of Elevation B. We will be interspersing Elevations A and B throughout the neighborhood. Over 1/3 of the buildings will have Elevation B. We will focus on displaying Elevation B in the high visibility locations along 157th Street West, Johnny Cake Ridge Road, and along the public open space to the east. The combination of varying the building orientation, elevation, and color schemes will result in an attractive and thoughtfully planned neighborhood. 6 Architectural Compliance City ordinance describes the following architectural requirements for multiple family residential districts: 1. "The proposed materials represent the same or similar materials used on at least 66.7% and of the existing buildings within 350 feet of the site. 2. The proposed materials are demonstrated to be of comparable grade and quality as those otherwise required. 3. The materials have the appearance of wood siding having a maximum plank width of 12 inches. Under no circumstance shall sheet or corrugated aluminum, iron, steel, asbestos, sheet plywood or similar materials be used which have no three-dimensional relief, nor shall plain or painted plain concrete block be used. Any decorative concrete block shall be colored only by means of a pigment impregnated throughout the entire block." We comply with all the above requirements. There are not many homes built within 350 feet. However, those built are single family homes that primarily utilize vinyl siding. Some homes have cultured stone accents. Our homes will also utilize vinyl siding. All buildings with Elevation B will have cultured stone accents. The materials of our homes will be comparable in grade and quality as the single-family homes. The primary difference in architecture between the adjacent single-family homes and our homes is that our garages will be hidden from public view locations. New Approach to Rowhome Floor Plans We realize that the City is primarily interested in exterior architecture. However, it is worth noting that our approach to "individualized and stylized" rowhome units extends to the interior as well. Buyers can choose from a range of options that are not typically seen in version 1.0 floor plans: a) 3 bedrooms with options for a 4th b) 2 car garages with an option for a 3rd tandem stall c) Two owner suites in lieu of one owner suite and two smaller bedrooms d) 1st floor flex room and additional bathroom We believe that floor plan versatility and individualization at the scale offered with this design is unmatched in the Twin Cities market. Building Height It should be noted that our buildings (46 -feet to roof peak) are 1 -foot taller than allowed by your ordinance (45 -feet). Therefore, we will be redesigning and redrawing our homes to have a flatter roof pitch that will meet the City ordinance. We have begun the redesign process and are including an early version of it. See attached elevations. Phasing & Schedule The following preliminary schedule for development is envisioned based on current information: Winter 2018/2019 Preliminary plat approval Summer/Fall 2019 Development of Phase 1 7 Fall 2019 Open model home and begin sales 2020 Development of Phase 2 2022-2023 Full build out See attached Phasing Plan for a graphic representation. This submittal includes: • This narrative • Application • Escrow agreement • Application fee totaling $2,253 and escrow totaling $3,063.74; Total = $5,316.74 • Mailing labels • Preliminary Plat package — plat, engineering, landscape architecture • Preliminary Plat — graphic rendering • Architectural package • Phasing plan 8 CITY OF Apple 'Valley MEMO Public Works TO: Tom Lovelace, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: November 28, 2018 SUBJECT: The Shores (Pulte) at 157th and JCRR. 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. All work and infrastructure within public easements or right of way shall be to City standards. A public improvement project will be required for sanitary sewer and water main as well as Johnny Cake Ridge Road and 155th Street. 3. A design agreement will be required for the design of the public utilities by City Staff. 4. The developer shall identify whether site utilities will be installed under private or public contract. 5. Funding of all residential streets and base utilities is expected to be the responsibility of the developer. Funding for collector streets and trunk utilities will be included as part of the development agreement and will be shared with the City of Apple Valley. 6. Funding of designated turn lanes at the access points off Johnny Cake Ridge Road is expected to be the responsibility of the developer. 7. Due to the existence of a gas pipeline running east and west along the northern boundary of the proposed site an agreement with the pipeline for encroachment within the easement is required. Developer shall obtain and provide a copy of executed agreement. 8. As part of the North Creek Greenway Trail (NCGT), an underpass crossing of Future Johnny Cake Ridge Road (JCRR) and 153rd/155th Street is anticipated north of the Shores development. The necessary Easements and/or Outlot for the underpass along with installation of the underpass will be required to be incorporated into the Preliminary and Final Plat. Specifically, the NW corner of site where NCGT underpass is shown to be located should be included on the preliminary and final plat as a dedicated Outlot. 9. Proposed NCGT alignment shall be approved by Dakota County. 10. Proposed NCGT alignment to the north shall be relocated outside the existing gas easement and be designed per Dakota County standards. 11. Proposed NCGT underpass locations as indicated are acceptable as shown in the future roadway alignments. 12. Access Restriction Easement will be required along JCRR, 155th and 157th Streets as part of the Development Agreement in accordance with access spacing guidelines set by City Engineer. 13. Preliminary Plat should include Johnny Cake Ridge Road ROW needs and 155th Street ROW needs. 14. Preliminary Plat should include required drainage and utility easements. 15. The area that includes the Storm water pond and infiltration area shall be dedicated as a separate Outlot and dedicated to the City. 16. Outlots A, B, C & D are not wide enough for public utilities. Outlots should be revised or drainage and utility easements will need to include all public utilities. Permits 17. A Minnesota Pollution Control Agency (MPCA) National Pollutant Discharge Elimination System (NPDES) permit is required for any project that disturbs more than one acre. Provide a copy of the executed permit prior to construction. 18. A City of Apple Valley Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity. 19. Provide a copy of any other required permits. 20. The City of Apple Valley will procure a sanitary sewer extension permit from the MPCA and an approval from the Minnesota Department of Health for public water main as part of public improvement project associated with public sanitary sewer and water main extension. Site/Traffic 21. Site plan should show site line triangles at access entrances as well as on the landscape plan. 22. Internal Streets shall be privately owned and maintained. City of Apple Valley standards for private roads are 24' face to face with 2% crown for private streets per standard detail plate STR-33. 23. City of Apple Valley standard for sidewalk in residential area is 5' minimum. 24. City of Apple Valley standard for sidewalk is 5" thick concrete on 5" class 5 aggregate base per standard detail plate STR-35. 25. A connection of private sidewalks to public trail shall not be permitted. 12' wide trail shall be maintained privately if private sidewalk connections are constructed. If trail is to be public then it should be included in Outlot and not have sidewalk connections. A 10' trail in accordance with City standards would be preferred. 26. Provide an additional drawing showing vehicle turning movements to ensure site circulation requirements for emergency and service vehicles. 27. Temporary Cul -de -Sac or hammerhead will be required at phasing line as part of Road B. 28. The development as proposed (101 townhomes in) results in 723 trips daily in and out of the development. Total of 60 trips during the peak hour (PM). a. Additionally, the Quarry Ponds development to the west (61 single family homes) results in 660 trips daily. The traffic volume as part of development of 101 units would not be anticipated to meet any warrants for a traffic control change from an all-way stop at JCRR and 157th at this time. A Traffic signal is still anticipated at 157th and JCRR and JCRR and 160th Street (CR 46) in the future. 29. Provide traffic impact study showing anticipated trips and distribution of traffic for all planned townhomes in the preliminary plat. 30. The construction of Johnny Cake Ridge Road from 157th Street to either 150th Street (CR 42) or the connection of 155th Street to Pilot Knob including roundabout will be required for any planned construction phase beyond the initial 45 homes as indicated on the provided phasing plan. 31. This development will require a northbound right lane at the right-in/right-out on JCRR. 32. The proposed Right-in/Right-out (RIRO) on JCRR north of 157th Street: a. Per Design of Turn Lane Guidelines the right turn lane should be 1:10 taper (110') plus 205' full turn lane = 315' 33. Proposed full access on 155th: a. Access spacing would indicate that the next full access be spaced at 1/8 mile (660 ft.) per access management guidelines b. Based on Pilot Knob Road and the pond locations, recommend accesses on 155th at the locations identified in the sketch plan review. c. Per Design of Turn Lane Guidelines (assumes up to 40 mph on 155th): i. The eastbound right turn lane should be 1:10 taper (110') plus 130' full turn lane = 240' ii. The westbound left turn lane should be 1:10 taper (110') plus 165' full turn lane = 275' 34. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Grading, Drainage and Erosion Control 35. Storm Water Management Plan shall be reviewed and approved by City Engineer. a. Sub-catchment D-2 as indicated in the Kimley-Horn report should be routed to the pretreatment basin for both full build out conditions and interim conditions. i. An additional Pond node should be created for pretreatment in HydroCad model and D-2 and D-3 sub-catchments routed to this node prior to discharging to 17P node. 36. All Future drainage from Townhomes should be directed to a pretreatment basin. Additional pretreatment basin may be needed or storm sewer should be sized to be conveyed to pretreatment basin as indicated on plans. Additional pretreatment cells may be required at storm sewer outlets from commercial areas and future townhomes. 37. Proposed storm water basins should be labeled as WVR-P54.1, WVR-P54.2, WVR-P54.3, etc... to match City of Apple Valley SWMP. 38. 100 YR HWL of 935.53 exceeds existing Greenway Trail elevation at tunnel under 157th Street. Pond HWL cannot exceed 934.0 to allow minimum 1.0' freeboard. 39. Indicate NWL and HWL of pretreatment basin on plans. 40. Additional cross-section and details are required for the "spillway" indicated between the proposed north and south pond at full build out. 41. The plans indicate that the site will drain to a pretreatment basin and then to an existing infiltration basin which is then outlets to WVR-P443 (McNamara Pond). This project is located in the High Vulnerability Drinking Water Supply Management Area (DWSMA). Per the requirements of the MPCA NPDES Permit and the Apple Valley Surface Water Management Plan (SWMP), infiltration is prohibited in this area. The best management practice (BMP) must be converted to another type of BMP that meets both State and local requirements. If converting to a filtration basin, an impermeable liner shall be added to the base of the basin. 42. Typical sections for the proposed storm water treatment should include details and provisions to address the required impermeable liner and infiltration bench. Liner specifications should indicate: a. Clay fill for the pond liner shall consist of SM, CL or SC soil material that has a maximum permeability of lx 10-6 cm/sec and a minimum 20 percent passing the #200 sieve. 43. This project is located in the East Lake watershed; East Lake is impaired due to phosphorus. Per the Apple Valley SWMP Policy 6.4, enhancements to the pond and filtration basin to capture dissolved phosphorus are recommended. Examples of enhancements include adding amendments to a filtration basin engineered soil mix such as iron, adding an iron enhanced filter bench, adding an iron enhanced rock weeper before the pond outlet, or using the pond for public area irrigation. a. This project is within 1 mile of East Lake. Projects that drain to a water impaired for phosphorus, turbidity, TSS, DO or aquatic biota, and that are within a one mile distance of that impaired water, are required to comply with sections 23.9 and 23.10 of the Minnesota NPDES Construction Permit. Portions of this project will be required to comply with sections 23.9 and 23.10: b. 23.9 - Permittees must immediately initiate stabilization of exposed soil areas, as described in item 8.4, and complete the stabilization within seven (7) calendar days after the construction activity in that portion of the site temporarily or permanently ceases. [Minn. R. 7090] c. 23.10 - Permittees must provide a temporary sediment basin as described in Section 14 for common drainage locations that serve an area with five (5) or more acres disturbed at one time. [Minn. R. 7090] 44. Provide overall site composite Curve Number (CN) on the plans. 45. Provide the existing and proposed pervious and impervious areas and percentages on the plans. 46. Show all emergency over flow (EOF) elevations. The proposed low opening elevations must be 1' minimum above the EOF elevation. Several buildings appear to be less than 1' above the EOF. 47. The proposed low opening elevations must be 3' minimum above the 100 -year high water level. 48. Additional Berms and screening is required for lots adjacent to a major collector roadway (JCRR). 49. Remove the reference to City of Chanhassen construction standards from grading note 4 on sheet 8 and replace with City of Apple Valley construction standards. 50. Provide an accessible route (8' min. bench) for future maintenance access to outlet structures. Route should be covered by drainage and utility easement and be clearly denoted on plans. 51. Restoration/Landscape plan should indicate required 16.5' buffer area above the HWL. 52. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Sanitary Sewer 53. Public Sanitary Sewer is stubbed into the site from 157th and Everglade Avenue. 54. Final sanitary sewer design and construction plans shall be done by the City of Apple Valley. 55. It is anticipated that each townhome unit will have its own sewer and water service in accordance with City of Apple Valley Standard Detail Plates SER -1 and SER -1A. Water main 56. Final water main design and construction plans shall be done by the City of Apple Valley. 57. The City of Apple Valley will verify that adequate water pressure and fire flow will be provided throughout the system in the interim condition before the water main is completely looped. 58. On the utility notes on page 15: a. revise note 2 to specify 10' horizontal separation b. revise note 10 to specify 8' of cover over water main c. Confirm that water services are to be 2" copper as indicated on note 11. d. revise note 15 to specify water main shall be DIP class 52 wrapped in V -Bio per City of Apple Valley specifications 59. On the private storm sewer notes on page 15, remove the reference to City of Chanhassen engineering guidelines from note 5 and replace with City of Apple Valley engineering guidelines. 60. Verify water service sizing and fire sprinkler requirements for townhome units. Storm Sewer 61. Pretreatment of storm water (such as a sump or settling structure) upstream of the storm water basin is required. A sump structure per Apple Valley standard detail plate STO-5S could be used at structure CBMH 102. The sump or settling structure should hold enough capacity such that it does not need to be cleaned out more frequently than once per year. A maintenance agreement will need to be provided. 62. Verify that proposed storm structures are adequately sized for proposed pipe sizes and angles. A 30" pipe usually requires a 60" minimum diameter manhole. 63. Move MH 101 to property line and construct per Apple Valley standard detail plate STO-4. 64. FES 100 shall be constructed per Apple Valley standard detail plates STO-9 and STO-10. 65. Coordinate with City of Apple Valley during final design to resolve conflicts between water main and storm sewer. Two potential conflicts between water main and storm sewer identified on preliminary plans at CBMH 106 and CBMH 121. 66. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. Landscape and Natural Resources 67. All evergreen trees shall be at least 15'-20' behind the trail or sidewalk connections to Johnny Cake Ridge Road and 157th Street to minimize future visibility and branch conflicts. 68. Ensure all other trees are planted a minimum of 15' from buildings and garages to allow for full growth with minimal pruning. 69. Ornamental tree species are proposed in between every driveway. There will likely be future visibility/sightline issues and nuisance branches as they mature. More narrow or slender tree species, shrubs, or other perennial plantings are recommended instead. Underground utilities may also be an issue with limited space to plant in these small spaces. a. Trees would likely live longer lives in the open green spaces around the buildings or in "front yards". b. There are very few trees located along the northern and eastern property edges, some trees could be shifted to provide additional screening. 70. No major tree plantings shall be located over any underground utilities or within easements. If plantings are shown over underground utilities or within easements, the owner should have the expectation that plantings will be removed for access when needed. 71. Clarify the intention of the note stating "A 15 foot landscape buffer shall be provided along all public roads" on sheet 17. 72. Incorporation of additional native plants into the planting plan in place of cultivars and native cultivars will have additional water quality and pollinator habitat benefits. 73. Landscaping at the NE comer of 157th and Johnny Cake will need to be relocated out of drainage and utility easements and be clear of any future traffic signal components. Kimfey»> H F: / ; Orchard Place — Apple Valley To: From: Date: Technical Memorandum Brandon Anderson, City Engineer, City of Apple Valley, MN William D. Matzek, P.E., Kimley-Horn & Brandon Elegert, P.E., Kimley-Horn November 27, 2018 Subj: Orchard Place—Shoppes at Orchard Place and the Shores Preliminary Stormwater Management Memorandum AVR, Inc. is proposing to redevelop their existing 400-acre±gravel mine generally bound by CR -42 to the north, Pilot Knob Road to the East, 157th Street to the South, and Flagstaff Avenue to the west. The development, known as Orchard Place, is intended to be a multi -phased, multi-year redevelopment. It is anticipated as mining activities are completed in various portions of the Site, the areas will be filled and redeveloped. The location map is shown in an exhibit in the Appendix. The first phase of the redevelopment is anticipated to be the Shores developments and the Shoppes at Orchard Place. The total area of the developments is approximately 75 acres. The developments generally comprise of the southern third of the overall development and are bound by Future 155th Street to the north, Pilot Knob Road to the east, 157th Street to the south, and Johnny Cake Ridge Road to the west. The first phase of the Shores is proposed to be approximately 10 acres containing 101 townhome units. The Shoppes at Orchard Place is proposed to be an approximately 40 -acre retail development with approximately 300,000 square feet of retail. The Shores development is a proposed multi -phase townhome development which will be developed by Pulte. Phase 11 (north expansion) will consist of the construction of approximately 16 acres and 185 townhomes. The conceptual site plan is provided as part of the Appendix. This memorandum is to provide information on the existing conditions, interim conditions (after Phase 1 of the Shores development) and full build -out conditions of the Shores and Shoppes at Orchard Place. The stormwater management system is designed to meet the City of Apple Valley and Minnesota Pollution Control Agency's stormwater requirements for the proposed development. It is understood that the design is preliminary and as developments proceed, the stormwater management plan will be updated to confirm the applicable requirements are satisfied. Kimley-Horn has analyzed the drainage conditions of the Site and provides computations for applicable City of Apple Valley stormwater requirements in this memorandum. The analysis of existing and proposed drainage models was completed using HydroCAD, Version 10.00, a computer aided design system for modeling the hydrology and hydraulics of stormwater runoff. These calculations are largely based on the hydrology techniques developed by the Soil Conservation Service (SCS/NRCS), combined with other hydrology and hydraulics calculations. All calculations, hydrographs, and drainage area maps are provided in the appendix of this memorandum. Existing Conditions The area of the proposed development was previously mined by AVR, Inc. Since mining has been completed, the site has been partially filled and rough graded. To support the redevelopment of the Site, an 18" RCP storm sewer stub has been provided to the site near the recently completed ;67 Eustis treet,5uite 00,';$,a int Pa UL MN 551i 651645 4197 6516454197.„ Kimiep)Horn Orchard Place —Apple Valley Technical Memorandum trail underpass from 157th Street. The Site generally drains to a rough graded pond north of the trail underpass north of 157th Street. Based on the USDA websoil survey of the Site, the Site soils (gravel and sand) would be classified as hydrologic soil group (HSG) A. Interim Conditions The first phase of the development is proposed to be Phase i of the Shores by Pulte. The first phase of the development will consist of 101 units of townhomes located at the NEC of 157th Street and Johnny Cake Ridge Road. The development will consist of the construction of the townhomes, associated infrastructure (private/public utilities and private roadways) and landscaping. The proposed development will consist of approximately 10 acres. It is understood the preliminary plans were submitted to the City by Pulte in November 2018. Runoff from Phase 1 of the development will be directed to a proposed pre-treatment basin east of the site via overland flow and storm sewer. The pretreatment basin will allow for settlement of larger particles of sediment prior to discharging into the existing rough graded pond. Once water is discharged to the existing pond, it is anticipated that the water will infiltrate and no runoff from the pond will occur. The stormwater management best management practices (BMPs) are proposed to provide infiltration and rate control to meet the City and MPCA's requirements. Based on the web soil survey (HSG A), the interim infiltration rate is assumed to be 1.63 in/hr. This will require field tering to verify. Full Build -Out Conditions The Shores and The Shoppes at Orchard Place developments will consist of approximately 70 acres of the existing AVR gravel mine. As previously mentioned, the Shores project will consist of 110 townhome units in Phase 1 and ultimately will contain 286 townhome units on approximately 26 acres. The Shores development will also include; parking, private roadways, utilities and landscaping. The Shoppes at Orchard Place will include approximately 300,000 square feet of retail, parking, utilities, and landscaping. To support the redevelopment, two wet ponds are proposed to be constructed. The area of the wet ponds will also contain public amenities such as trails and gathering spaces. The wet ponds will provide rate control to comply with the allowable discharge of 2.3 cfs. The wet ponds are also to be sized to allow for up to 2.3 cfs of runoff from development north of 155th Street. For the purposes of this study, it is assumed that 2.3 cfs of runoff is contributing from the north of 155" Street. The base of the ponds will be lined with clay to allow for permanent pool storage. In addition to providing rate control, the ponds will also include an infiltration bench to meet the required City and MPCA infiltration requirements. The infiltration bench is proposed to contain engineered soils meeting the characteristics of an HSG Asoil with an allowable infiltration rate of 1.63 in/hr. The infiltration benches have been designed to drain within 48 hours. Atypical cross section of the wet ponds is provided in the Appendix. Water that does discharge from the Site will be discharged into an existing 18" storm sewer stub provided near the trail underpass along 157th Street. Stormwater Management Requirements '67.Eusr!s5treet suite" 00 Saint„Pau N.S:S Kimsey>>>Harn Orchard Place — Apple Valley Technical Mein orandum The City of Apple Valley's Storm Drainage Ordinance provides requirement for rate control and volume reduction. The City of Apple Valley allows for a maximum stormwater run-off of 2.3 cubic feet per second for the proposed development. Below is a summary of the runoff conditions in the interim and full build -out conditions. *The drainage resulting from the area of Pulte's Site (approximately 1.6 acres) that cannot be routed to the onsite basins will be routed to storm sewer within 157th Street and will be treated offsite. The MPCA requires volume reduction of 1" over newly constructed impervious. The City of Apple Valley also requires on-site infiltration of the first one-half inch from any rainfall event. Based on the existing conditions of the Site, the MPCA's requirements will be more stringent. The required infiltration amount is calculated utilizing the formula below: Volume of infiltration required (ac ft) = .0833 ft * Proposed impervious Area (ac) The infiltration volume provided accounts for the infiltration provided below the lowest outlet in each of the BMPs. In the interim condition, it is anticipated that infiltration will be provided with the existing excavated basin. In the full build -out condition, infiltration will be provided via infiltration benches in the proposed wet ponds. The infiltration benches for the full build -out wet ponds have been designed to draw down within 48 hours, which is consistent with the Minnesota Stormwater Manual. Below is a summary of the proposed BMPs and the infiltration provided. *Pond Proposed 100 - Year Runoff (cfs) interim Condition Discharge Rate 0 Full Build -Out Discharge Rate 1.95 *The drainage resulting from the area of Pulte's Site (approximately 1.6 acres) that cannot be routed to the onsite basins will be routed to storm sewer within 157th Street and will be treated offsite. The MPCA requires volume reduction of 1" over newly constructed impervious. The City of Apple Valley also requires on-site infiltration of the first one-half inch from any rainfall event. Based on the existing conditions of the Site, the MPCA's requirements will be more stringent. The required infiltration amount is calculated utilizing the formula below: Volume of infiltration required (ac ft) = .0833 ft * Proposed impervious Area (ac) The infiltration volume provided accounts for the infiltration provided below the lowest outlet in each of the BMPs. In the interim condition, it is anticipated that infiltration will be provided with the existing excavated basin. In the full build -out condition, infiltration will be provided via infiltration benches in the proposed wet ponds. The infiltration benches for the full build -out wet ponds have been designed to draw down within 48 hours, which is consistent with the Minnesota Stormwater Manual. Below is a summary of the proposed BMPs and the infiltration provided. Komley>>>Horn Orchard Place — Apple Valley Technical Memorandum Development Scenario Newly Created Impervious Area (Ac.) Infiltration Volume Required (Ac -ft) Infiltration Volume Provided (Ac -ft) Interim Condition (Shores Phase I) 5.3 0.44 8.73 Full Build -Out Condition 23.72 1.98 2.05 Please contact me at (651) 643-0497 if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. William D. Matzek, P.E. Appendix: • Site Location Map — Ex -1 • The Shores Preliminary Plan (Full Build-Out)—Ex-2 • The Shores Phasel Drainage Map—Ex-3 • Full Build -Out Drainage Map —Ex -4 • Preliminary Wet Pond Cross Sections —Ex -5 • Interim Conditions HydroCAD Model • Full Build -Out Conditions HydroCAD Model i 1.131. g#1,4o,^D 767 Eustis Street, Suite 1.00, Saint Paul, MN 55114 65164'5 197` Kimlep>Horn Orchard Place—.fipple Valley Technical Memorandum THE SHORES PRELIMINARY PLAN (FULL BUILD -OUT) ;;It�rll' �t'e�i'kl�aT:vi 767 Eustis Street, Suite 100, Saint Paul, MN 55114 651 645 4197 11 URI Ell 11 offlubiacimaaimmat L,..b It .1 L — t.L0? 'Of PO ..P 1,1,-L.3 I Old iS.LLL,D — saglyS \ pasaao.rewopepowan..g .5.011 IL.L1LbsoL Kimley»>Horn Orchard Place — Apple Valley Technical Memorandum THE SHORES PHASE 1 DRAINAGE MAP X010 767 Eustis Street, Suite 100, Saint Paul, MN 55114 651 645 4197 111OH «<AalLU!N dVW 3JVNIV2ia 13SVHd S3UGHS NW 'A311VA 3lddV OVOd BON)1 loud l7NV LSM 133W.S H1LSt Y W I 0Y0d BONA 1O11d — �� I I i I 1 C L i N011011211SNO3 ddOJ ION — A8VNIW113Hd f OYU 370Id 3m7 ArrNNor Luo -oil - BOL 'LL .quunory 6"P n4€3 MoUI Q wI .IU\.1,a4.3�a6culn.O\u8isad vy.II A . dd \myV]ar3mA ,t Kmley)))Horn Orchard Place — Apple Valley Technical Memorandum FULL BUILD -OUT DRAINAGE MAP 767 Eusts Strot.t. SLt 100, ',dint Paul, MN 55114 651 645 4197 B 1Y 5.0 �iww..v..olwlwn He PM 1,11.1 Arm.au,s. .3...11.1191rienn06ri sewrwe.anwvr,vwa • 16 e MI -1 0La M %MYR NI inn 11-00 am =QM" sr rr. BIOME/11 -0na dWJ 30VNIV a Ino -aline -rind NW'A3TIVA 31ddV OVOa BONN loud X ONV 1S3M 133a1S I-1LS L NOIIDf1a11SN00 201 ION — A8YNFWI138c VON BON101Id II: +l� • err li � ��' 1 ® 01/� �,.. � 1 '�: � a • 1� � �I aim .'Nl Bil ::I L 1 in MI AI MI a >AC 11IA gliI 111 4. ! �1llw"Yy=.'RC�w•+"� 1,0 f ! i 1 111 11111 CCII! 1i I 111121533 :4 IVLiwt vi y a rr _ rE �'"p OVON 3J41N 3>V0 ANNHOr _ art 0 !id 134 wan -BOOL '[L ra quruoN 6npl!cpw3 oBoueoJd\gl!Q`IR3\o6ouro.ip\u6lsap NB4oA-oltl-0V\SWYo13pT \' (7-•:, C O U N T Y Dakota County Surveyor's Office Western Service Center • 14955 Galaxie Avenue • Apple Valley, MN 55124 952.891-7087 • Fax 952.891-7127 • www.co.dakota.mn.us November 28, 2018 City of Apple Valley 7100 147th Street W. Apple Valley, MN 55124 Re: THE SHORES The Dakota County Plat Commission met on November 26, 2018, to consider the preliminary plat of the above referenced plat. The plat is adjacent to CSAH 31 (Pilot Knob Road), and is therefore subject to the Dakota County Contiguous Plat Ordinance. The proposed plat is along CSAH 31, 157th Street West, 155th Street West, and Johnny Cake Ridge Road. The plat proposes 101 townhome lots along 157th Street West and future John Cake Ridge Road with the remaining property as one large outlot that is contiguous to CSAH 31. The right-of-way needs for a future 6 - lane divided roadway are 100 feet of half right of way. The proposed plat is dedicating the existing highway easements along CSAH 31 that meet the future needs of 100 feet of half right of way. Access control along CSAH 31 will be required at this time. However, access restriction in the future with the replatting of the outlot along CSAH 31. The Plat Commission has approved the preliminary plat provided that the described conditions are met. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. Traffic volumes on CSAH 31 are 24,000 ADT and are anticipated to be 35,000 ADT by the year 2030. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County's rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Butch McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, #4,467 Todd B. Tollefson Secretary, Plat Commission c: REGATTA PARK QUARRY POINT PARK CITO ribF,LAKE4/IL ,= r +.;' THE SHORES TOWNHOMES CURRENT COMPREHENSIVE PLAN DESIGNATION "LD" (Low Density Residential) and "HD" (High Density Residential) THE SHORES TOWNHOMES PROPOSED COMPREHENSIVE PLAN DESIGNATION "MD" (Medium Density Residential) a •PD,S32 A SG SG THE SHORES PROPOSED ZONING MAP 1.AnwAmmo ,.rte "M -6C" (Multi -Family Residential/6-12 u.p.a.) 1 1,4 ._121,61!1 !r. Aroa OM 1111. M. 111r, Anik 'r.7Fri:.1.Lae —I.\`ice 133HSHAO0 in' wens IY/ld AHHVNI1/11I13lid VICS3NNIIN '1.311VA 3lddV S3!UGHS 3H1 DEVELOPER EP 6. V 'r. z _ Q O z rL > 6 0 ARCHITECT in z - (N0I10na1SN00 H30NN OVoa 3D01a 3NVO ANNHOr NOT T.O SC AI z SHEET INDEX 3AV 30V1O1:13A3 z ` o OVO8 3008 3NVO ANNHOr .d50 7 - 9900 '90 ^oN 54,P,,..0 1.1.09 \ uoq!P uo. 6 .!P!..V.^ \ 0 LO8 \ 'X 0 09 SO. 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', i ,f ill:. !, • • • .1•:."161111,11171/1:17: {o d w L. co a) , 1 1 1 1 Eimmum ROAD B BLOCK 14 BLOCK 8 3 2 3 4 5 6 J--- -'-- 1_..L _..- J. ---.1U 1 1 1 1 Eimmum ROAD B BLOCK 14 11----.-.I 1 2 3 --.t :L--41--u 4 3 2 1 BLOCK 11 1 1 1 1 Eimmum ROAD B BLOCK 14 4 BLOCK 1 2 3 4 :L--41--u -1-41--_L OUTLOT A 5 4 BLOCK 21 2 1 -r 1 --r 6 : 5 i _--r---- BLOCK 20 1-.1:1- 2 -r 1 OUTLOT E OUTLOT K 1 ?PARK DEDICATION 1 0.27 AC (11,938 SF) 1 I 1 11 FUTURE POND OUTLOT L 157TH STREET WEST ti 0 20 40 80 SCALE IN FEET Design File: 218-0110 Designed By: MPR Dwg Name: PARK DEDICATION Checked By: MPR Date: 11/6/18 Drawn By. ELL THE SHORES PARK DEDICATION EXHIBIT APPLE VALLEY, MINNESOTA Aliiant Engineering, Inc. i� 733 MarquetteAvenue 70 Suite 700 Minneapolis, MN 55402 612.758.3080 www.alliant-inc.com ... .... •••• ..• l App Valil ley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 4.C. December 5, 2018 Public Hearings Description: Hy -Vee Convenience Store Pennock - PC18-32-SCBVFG Staff Contact: Kathy Bodmer, Al CP, Planner Department / Division: Community Development Department Applicant: Java Capital Partners 7668 - 150th St LLC and Hy -Vee Inc. Project Number: PC18-32-SCBVFG Applicant Date: 11/9/2018 60 Days: 1/8/2019 120 Days: 3/9/2019 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 night of its public hearing. SUMMARY: The property owner, Java Capital Partners 7668 - 150th St LLC, and the petitioner, Hy -Vee Inc., request consideration of actions which would allow them to redevelop the Liberty Credit site to construct a 4,400 sq. ft. convenience store with motor fuel sales. The property is located on the southeast corner of County State Aid Highway 42 (CSAH 42) and Pennock Lane at 7668 - 150th Street W. The petitioners request consideration of a preliminary plat or replat, conditional use permit, variances, and site plan review/building permit authorization. In addition, the petitioners have applied for a vacation of approximately 2,600 sq. ft. of Pennock Lane right-of-way, which will be reviewed directly by the City Council. If the vacation is approved, the petitioners would like to combine the vacated parcel with the existing Lot 1, Block 1, Apple Valley Square 2nd Addition. BACKGROUND: Preliminary Plat or Replat - The City Council scheduled a public hearing to consider a vacation of approximately 2,600 sq. ft. of Pennock Lane right-of-way (ROW) at its December 27, 2018, meeting. The alignment of Pennock Lane has been reconfigured twice over the years. Additional ROW was acquired from Grace Lutheran Church in the early 1970s to shift Pennock Lane to the west so that it aligns with Pennock Ave on the north. In the early 1990s, the City acquired additional ROW from the church to straighten out the approach to the intersection. The road is located within the new ROW area. The petitioners suggest that there is excess right-of-way that they would like to attach to the subject parcel (Lot 1, Block 1, APPLE VALLEY SQUARE 2ND ADDITION). City staff is working with the City Attorney's office to confirm the exact mechanism for attaching the requested vacated parcel to the subject parcel. Either a preliminary plat or a replat will be needed to attach the vacated 2,600 sq. ft. parcel to the subject parcel. If the vacation is not approved, there would be no need for the preliminary plat or replat. The City Engineer is evaluating if the right-of-way is needed for future road expansions. The property abuts a County Right -of -Way which makes any platting of the property subject to the Dakota County Contiguous Plat Ordinance. If the property must be platted to attach the vacated ROW, Dakota County will require dedication of an additional 20' of right-of-way so that there is a 100' half ROW for CSAH 42 (half ROW currently 80'). The plat shows the dedication as a ROW easement which would allow the location of the ROW line to remain in its current location, but the County would be able to use the land to expand CSAH 42 in the future. There is a question about whether the property should be dedicated as platted right- of-way or as a right-of-way easement. Platting the right-of-way would shift the property line 20' to the south and increase the number of variances needed for the project. A drainage and utility easement is dedicated along the west side of the property for the existing sanitary sewer main and water main. The petitioner wishes to have the parking lot encroach into the easement. The City Engineer states that he would not object to the encroachment provided a License to Encroach Agreement is executed and the northwest storm water infiltration structure is relocated out of the easement. Conditional Use Permit (CUP) - The property is zoned "RB" (Retail Business). A convenience store is a permitted use in the zoning district. Motor fuel sales and outdoor storage of an ice chest and LP tank storage cage require CUPs. Variances - Setback variances are requested for building and parking setbacks. The variance distances are dependent upon whether the dedication of the 20' CSAH right-of-way is in the form of a platted ROW or a ROW easement. The following variances are requested: 1. Building setback from CSAH 42 - reduced from 50' to 25' (or 5'*) 2. Building setback from east property line - reduced from 15' to 10' 3. Parking setback from CSAH 42 - reduced from 15' to 5' (or no variance*) 4. Parking setback Pennock Lane - reduced 15' to 3.2' 5. Parking stall length 4 parking stalls south side of building - reduced 18.5' to 18'. (* Setback if CSAH ROW dedicated as easement rather than platted) Site Plan Review/Building Permit Authorization - The petitioners plan to construct a 4,400 sq. ft. convenience store building on the east side of the site facing west. The fueling area would be located to the west and consist of five pump islands for a total of 10 fueling stations under the canopy. The underground fuel storage tanks are shown to be located on the south side of the site near the two access points. The existing access point to the shared private shopping center driveway would remain on the south side of the property with a second access point added to the west. An auto -turn drawing showing how fueling trucks would access the site currently does not work for fuel trucks either entering or exiting the site and needs to be reviewed. The City Engineer is reviewing the traffic generation and circulation patterns to ensure the intersections of the shopping center private drive and Pennock Lane and the intersection of Pennock Lane and CSAH 42 continue to function properly. The new proposed access to the west may create backups into Pennock Lane which will need further review. BUDGET IMPACT: N/A ATTACHMENTS: Background Material Map Plan Set Memo Map Letter Easement Hy -Vee C -Store Pennock PROJECT REVIEW Existing Conditions Property Location: 7668 — 150th Street West (Dakota County State Aid Highway #42 or CSAH 42) Legal Description: Lot 1, Block 1, Apple Valley Square 2nd Addition Comprehensive Plan Designation C -Commercial Zoning Classification RB -Retail Business Existing Platting Platted Lot Current Land Use Office building Size: 36,643 sf (0.841 acres) Topography: Flat Existing Vegetation Urban landscape. Other Significant Natural Features Some mature trees are located on the west side of the site and are planned to be removed. Tree mitigation will be needed in accordance with the City's Natural Resources Management Ordinance. Adjacent Properties/Land Uses NORTH Bruegger's, Panda Express Comprehensive Plan C -Commercial Zoning/Land Use RB -Retail Business SOUTH Apple Valley Square Shopping Center Comprehensive Plan C -Commercial Zoning/Land Use RB -Retail Business EAST Firestone Tire Comprehensive Plan C -Commercial Zoning/Land Use RB -Retail Business WEST Grace Lutheran Church Comprehensive Plan INS -Institutional Zoning/Land Use P -Institutional Development Project Review Requested Actions: The property owner, Java Capital Partners 7668 — 150th St LLC, and the petitioner, Hy -Vee Inc. request consideration of the following actions which will allow them to redevelop the Liberty Credit site on the southeast comer of Pennock Lane and CSAH 42. 1. Vacation of right-of-way for Pennock Lane (to be reviewed by City Council). 2. Preliminary plat to attach the requested vacated right-of-way to Lot 1, Block 1, APPLE VALLEY SQUARE 21`'D ADDITION. 3. Conditional use permit for gasoline sales and outdoor storage of an ice chest and an LP tank cage. 4. Variances from building setback and parking setback requirements. 5. Site Plan Review/Building Permit Authorization to construct 4,400 sq. ft. convenience store with motor fuel sales. Comprehensive Plan: Both the 2030 and 2040 Comprehensive Plans guide the development of the site for "C" (Commercial) uses. A convenience store (c -store) with gasoline sales is an auto -oriented use, but the Hy -Vee "Fast and Fresh Express" store would be a new entry into the Apple Valley market. The Plan states the following related to redevelopment: The City recognizes that market forces, suitability of buildings and sites, and other factors will continue to create opportunities for redevelopment. The City will work with property owners to facilitate redevelopment that enhances the community and helps to achieve the objectives of this Plan. The property contains a 2 -story office building that is vacant and in decline. Redevelopment of the site will provide new energy to this retail corner and an updated building that is more consistent with the City's character. The level of traffic that would be generated by the C -store will need to be reviewed in light of the intersection of the shopping center drive with Pennock Lane and the intersection of Pennock Lane and CSAH 42. Redevelopment projects are difficult and often require a degree of flexibility. The City is reviewing whether flexibility is needed as a result of excessive setbacks and greenspace standards that are more characteristic of low density suburban development, or whether the use simply does not fit on the site. This project is an example of a suburban -intensive development; the City must balance developer interest in redeveloping and intensifying a site while keeping in mind the capacity of existing surrounding public infrastructure to accommodate the use. Modifications may be needed to adjacent streets and intersections in order to accommodate a more intense development than what was previously located on this site. Zoning: The property is zoned "RB" (Retail Business). A convenience store is a permitted use in the zoning district; a conditional use permit is required for motor fuel sales and outdoor storage of ice freezers and LP container storage cages. Several variances are requested: # Description Requirement Request 1 Building setback from CSAH 42 50' 25' (or 5')* 2 Building setback from rear (east) property line 15' 10' 3 Parking setback from CSAH 42 15' 5'? (or no variance)* 4 Parking setback from Pennock Lane 15' 3.2' 5 Parking stall length of 4 parking stalls south side of building 18.5' 18' * Note: Variance distance dependent on whether CSAH 42 right-of-way taken as easement or right-of-way. When a number of variances are needed in order to develop a site, the City will need to evaluate whether the site is appropriate for the intended use. Preliminary Plat: The petitioners request a preliminary plat that would allow them to attach additional property that they hope to obtain through a vacation process to the subject lot. Pennock Lane, on the south side of CSAH 42, has been reconfigured and realigned two times. Additional right of way was acquired from Grace Lutheran Church in the early 1970s to shift Pennock Lane to the west so that it would align with Pennock Ave on the north. In the early 1990s, the City acquired additional right-of-way from the church to straighten out the approach to the intersection. The petitioners have applied for a vacation of a portion of the Pennock Lane right-of-way which they suggest is excess right of way and not needed by the City. Pennock Lane is now located within a new easement. The City will need to determine whether there is a public purpose or need for the extra right- of-way for future road expansions. The City will need to determine whether to approve the vacation before the preliminary plat can be approved. If the City does not vacate the right-of-way, no platting of the property would be considered. The Hy -Vee development abuts CSAH 42 which requires review of the plat by the Dakota County Plat Commission in accordance with the Dakota County Contiguous Plat Ordinance. County staff has stated that if the property is platted, they will likely require a minimum 20' additional right-of-way dedication for CSAH 42, which would be 4,344 sq. ft. An issue will be whether the area should be dedicated as "easement" or "right-of-way." They are similar, but changes to the ROW line will impact building and parking lot setbacks and would require larger variances. An easement may also allow the property owners to plant some shrubs and ornamental trees until such time as the County uses the easement to expand CSAH 42. The additional area requested to be vacated would be 2,582 sq. ft., which would be added to the existing parcel, less the dedicated ROW for CSAH 42. The parcel is 36,645 sq. ft. today, less 4,344 sq. ft. for the 20' ROW dedication, plus the 2,582 sq. ft. vacation parcel, would create a lot which is 34,883 sq. ft. A drainage and utility easement is dedicated on the west side of the parcel for a 21" sanitary sewer main and an 8" water main. Perimeter drainage and utility easements are not shown on the preliminary plat but will be required as part of the platting of the lot. Site Plan: The site plan shows the 4,400 sq. ft. convenience store would be located on the east side of the site and face west. The fueling area would have a total of five fuel islands for a total of ten fueling stations. Access to the site would be taken from the south side of the site to the private shared shopping center driveway. A second drive access is proposed west of the existing access into the site. Thirty parking spaces are required; 34 parking spaces are provided. The plan shows that the parking lot drive aisle, parking spaces and a portion of the north filtration vault would encroach into drainage and utility easements. The easements should be shown on the site plan to evaluate the extent of the encroachments. A License to Encroach Agreement would need to be approved to allow the encroachment. A number of setback variances are requested for building and parking setbacks. See information under "Zoning" for details about the variances. Grading Plan: The site is relatively flat. The petitioners plan to scrape the site clean for the new development. Three underground vaults are proposed to be constructed for stormwater drainage Elevation Drawings: The elevation drawings show that the primary building material will be brick with a panelized fiber cement paneling system and metal trim. A gas price sign is shown on the canopy. No sign approval is given in connection with a request for Site Plan Review/Building Permit Authorization. A separate sign permit must be obtained prior to the installation of any signs on the site, which is done administratively. Landscape Plan: The zoning code requires the value of the landscape materials on the landscape plan to meet or exceed 2-1/2% of the value of construction of the building based on Means Construction Data. The current landscape plan appears to be well short of that requirement. The plans show the removal of five mature trees throughout the site. Tree mitigation will be reviewed in connection with the Natural Resources Management Permit (NRMP) when the project moves forward for building permit. Dakota County is requiring a dedication of an additional 20 feet of right-of-way easement along CSAH 42. The petitioners are working with the County to determine whether permits might be available to allow landscaping and a portion of the concrete patio within the additional new right-of-way. The County has indicated no other structures would be permitted in the ROW easement. Municipal Utilities: Utilities are currently located on the site. The plans have been revised to show an easement dedicated over the large 21" sewer main running north and south along the west side of the property. Storm water piping is shown between the Pennock Center and Firestone parcels on the Firestone property. An agreement will need to be provided indicating permission to construct the storm sewer on the neighboring property. Approval of the project would be subject to compliance with the City Engineer's memo. See City Engineer's memo related to specific requirements for the stormwater filtration and infiltration requirements. A maintenance agreement will be needed for the long-term maintenance of the retention structures. Street Classifications/Accesses/Circulation: The site abuts 150th Street W. (CSAH 42) classified as a Principal Arterial street and Pennock Avenue classified as a Collector street. No direct access is available to either street. Instead, all access to the parcel will be taken from the shopping center intemal shared driveway. A cross -access easement is in place for the shared drive area. The total right-of-way for Pennock Lane is currently under review by City staff. The alignment of Pennock Lane has been reconfigured two times. Additional right of way was acquired from Grace Lutheran Church, first in the early 1970s to shift Pennock Lane on the south side of CSAH 42 to align with Pennock Ave on the north. Then, in the early 1990s, additional right of way was obtained to straighten out the approach to the intersection. The petitioner is pursuing a vacation of a portion of the Pennock Lane right of way which they suggest is excess right of way that is no longer needed by the City. The City will need to determine whether there continues to be a public purpose or need for the right-of-way. The City Engineer has conducted a traffic study to review potential impacts to the shopping center driveway off of Pennock Lane resulting from this redevelopment. His review and comments are included in his memo. Pedestrian Access: Pedestrian access is shown from the Pennock Avenue ring route sidewalks on the west side of the site via a painted walkway through the parking lot to the building. A concrete walk is shown connecting the building to the CSAH 42 sidewalk to the north. Public Safety Issues: Permits are required from the Fire Department in order to install either below ground or above ground fuel tanks. In addition, the petitioners will need to meet the Fire Code requirements for fire sprinklers and fire alarms. 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. Legal: • Agreements required: Development agreement, license to encroach agreement, stormwater facility construction and maintenance agreement, and access agreement with Firestone for storm sewer. 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SS31dX3 HS31d _LSVd A311VA 31ddV N01,00 -I (7) w z0 z0 u_ >- 0_ 0 z < co < LO 11111111111111 11111111111111 E 0 ENCLOSURE FRONT ELEVATION 00 Ki> -11)- gg URE SIDE ELEVATION z co z w SCALE N T S •.• .... .... City of Apple.. MEMO Building Inspections TO: Kathy Bodmer, Planner FROM: George Dorn, Building Official DATE: November 19, 2018 SUBJECT: 7668 150th Street Hy -Vee C -Store at Pennock • 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. Structural drawings will be required for review. • 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. • Allowable area and building heights will be determined once the code analysis has been completed. • A grease interceptor is required for this project per City Ordinance Chapter 51.08 (B) (d). as indicated on the civil drawings. • A U.S. Environmental protection Agency must inspect all buildings, prior to demolition. A copy of the inspector's report is required with the demolition permit application. The contractor is required to send the notification of intent to perform a demolition to the Minnesota Pollution Control Agency (MPCA) Asbestos Program. This notification form must be sent ten working days before the demolition begins. Provide a copy of this to the City when you apply for the demolition permit. You may contact the MPCA at 651-296- 6300. • Platting of the property lines must be completed prior to permit issuance. CITY OF Apple 'Valley MEMO Public Works TO: Kathy Bodmer, Planner FROM: Brandon S. Anderson, PE, City Engineer DATE: November 28, 2018 SUBJECT: Hy -Vee at Pennock Center (7668 150th Street West). 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. The planner for this project is Kathy Bodmer; not Alex Sharpe as shown on the title sheet C0.0. 3. The acting fire chief is Chuck Russell; not Nealon Thompson as shown on the title sheet. 4. Provide the private utility contacts on the title sheet C0.0. Permits 5. A Minnesota Pollution Control Agency (MPCA) National Pollutant Discharge Elimination System (NPDES) permit is required for any project that disturbs more than one acre. Provide a copy of the executed permit prior to construction. 6. A City of Apple Valley Natural Resource Management Permit (NRMP) will be required prior to any land disturbing activity. 7. A Dakota County Right -of -Way permit will be required for work within the CSAH 42 right-of-way. Provide a copy of the executed permit prior to construction. 8. A right-of-way permit from the City of Apple Valley is required for work within the Pennock Lane right-of-way. 9. Provide a copy of the approval letter from the Department of Labor and Industry (DOLI) prior to construction. 10. Provide a copy of any other required permits. Site 1. See Attached sketch showing anticipated future Right -of -Way (ROW) needs for Pennock Lane. It is anticipated that dual left turn lanes will be needed for future growth. An additional 11' of ROW on either side of Pennock is needed to accommodate future lanes. It is not recommended to vacate existing ROW. 2. See attached memo from Bolton & Menk regarding the Public Roadway System Impacts. a. It is recommended that the site access be moved further east along Driveway A to allow additional vehicle storage. 3. The existing concrete sidewalk removed on Pennock Lane due to the radius modification should be replaced with matching colored/stamped concrete sidewalk. Refer to City of Apple Valley standard detail plates Ring Route (RR) series for sidewalk details. 4. A stop sign should be installed for westbound traffic at the intersection of Pennock Lane and the driveway. 5. Additional bituminous pavement removal beyond what is already shown will be required for the construction of the proposed storm sewer on Lot 2 Block 1 of Apple Valley Square 2nd Addition. An agreement between the property owners will need to be provided prior to site work. 6. The radius of the eastern entrance is encroaching onto private property. An agreement between the property owners will need to be provided prior to construction. 7. Explain why the proposed concrete sidewalk connection at CSAH 42 in not shown perpendicular to the existing sidewalk. 8. There are two issues with the turning movements drawing submitted: a. The drawing shows an unrealistic vehicle starting angle. The turning movements should reflect the design vehicle turning into the driveway from the correct lane (left and right turn from Pennock Lane) and then show the subsequent maneuvering through the site. b. The drawing shows the fuel tank trunk in conflict with the existing parking stalls of the property to the south. 9. Provide an additional drawing showing vehicle turning movements to ensure site circulation requirements for typical delivery/service vehicles. 10. Provide an additional drawing showing vehicle turning movements to ensure site circulation requirements for emergency and service vehicles entering and leaving site. 11. Final site plan shall be reviewed with the construction plans and approved by City Engineer. Grading, Drainage and Erosion Control 12. Provide overall site composite Curve Number (CN) on the plans. 13. Provide the existing impervious area and percent impervious in addition to the proposed impervious. 14. Show all emergency over flow (EOF) elevations. The finished floor/low opening elevation must be 1' minimum above the EOF elevation and 3' minimum above 100 -year high water level. 15. Drainage should be contained within the lot and drainage easement. Drainage should not cross the lot line outside of a drainage easement. This is not the case between the proposed building and the existing building on Lot 2 Block 1 of Apple Valley Square 2nd Addition. Modify grading such that drainage does not trespass from one lot onto another. 16. Provide soil borings and geotechnical report for the proposed infiltration vault. 17. The filtration vault should be modified such that the 100 -year high water level is below the class 5 aggregate base section. 18. The proposed silt fence is shown on private property and within the existing bituminous pavement. 19. The project is located in the High Vulnerability DWSMA. Typically, infiltration may be suitable as long as a higher level of engineering review determines that it is safe and they meet the standards of the state construction permit. a. But, due to the vehicle maintenance and fueling area, the City may prohibit infiltration based on Apple Valley SWMP Policy 6.5. i. The proposed infiltration area shows one catch basin receiving water from the ground surface and not just roof runoff, although, the location of the catch basin is at the rear of the building and in a lower risk location. ii. Additionally, Section 16.19 Minnesota NPDES Construction Permit states: This permit prohibits permittees from constructing infiltration systems within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13, if the system will be located: 1. in an Emergency Response Area (ERA) within a DWSMA classified as having high or very high vulnerability as defined by the Minnesota Department of Health; or in an ERA within a DWSMA classified as moderate vulnerability unless a regulated MS4 Permittee performed or approved a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater; or outside of an ERA within a DWSMA classified as having high or very high vulnerability, unless a regulated MS4 Permittee performed or approved a higher level of engineering review sufficient to provide a functioning treatment system and to prevent adverse impacts to groundwater. a. *See "higher level of engineering review" in the Minnesota Storm water Manual for more information. [Minn. R. 7090] 20. Due to the location of this project within the Keller Lake sub watershed (impaired due to excess phosphorus), enhancement of the filter with an amendment to enhance capture of dissolved phosphorus (e.g. iron filings) is recommended under Policy 6.4 of the Apple Valley SWMP. 21. The proposed filter media depth is insufficient. The Minnesota storm water manual recommends a filter media depth of 2.5' and that the filter media depth be increased to 3' if trying to capture dissolved phosphorus. 22. Recommend against the use of rock wrapped in filter fabric around the underdrain as it is subject to clogging (see Dakota County LID standard 2.44 http://www.dakotaswcd. org/pdfs/Dakota%2OLID%20Standards%20Revised%2002-09- 12.pdf). 23. Use of filter fabric at the base of the isolator row is permitted if using the isolator row for pretreatment and the isolator row is regularly maintained/cleaned. Filter fabric is not recommended at the base of other chambers due to concerns regarding clogging of the filter fabric. 24. Grading limits appear to extend beyond or are not fully contained within proposed parameter controls (e.g. silt fence). 25. Plan lacks detail regarding concrete washout. 26. Final grading, drainage, and erosion control plan shall be reviewed with the construction plans and approved by City Engineer. Sanitary Sewer 27. The existing sanitary sewer service should be identified on the plans and shown as either removed or abandoned in place. The existing wye shall be capped as part of the removal/abandonment. 28. Provide submittal for sanitary service saddle for approval by City Engineer or specify installation of solid wall PVC wye. 29. Indicate the existing sanitary sewer pipe material at the connection point. 30. Sanitary sewer service riser shall be constructed per City of Apple Valley standard detail plate SER -2. 31. Confirm that the proposed sanitary sewer pipe grade meets the requirements specified in the Minnesota Plumbing Code. 32. The existing sanitary sewer is approximately 18' — 19' deep through this area, and a 15' utility easement is insufficient. Provide a 20' wide easement for this sanitary sewer. 33. Final sanitary sewer design shall be reviewed with the construction plans and approved by City Engineer. Water main 34. The existing water service should be identified on the plans and shown as removed. 35. Proposed water main is shown beneath proposed fuel pumps and adjacent to proposed footings. Confirm that the design engineer has contacted all reviewing authorities to establish specific design requirements for water mains near this potential contamination source. It is recommended that the water service be brought in 10' north of the proposed sanitary sewer service. 36. Indicate the existing water main pipe size and material at the connection point. 37. Provide a drawing showing hydrant coverage for the site. Commercial zones require 450' radius for coverage. 38. 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. 39. Confirm that all pipe crossings have been evaluated and will provide the required minimum vertical separation as specified by the Minnesota Department of Health and Department of Labor and Industry. 40. Final water main design shall be reviewed with the construction plans and approved by City Engineer. Storm Sewer 41. Show the orientation and layout of the underground chambers on the plan. 42. Relocate proposed north filtration vault outside of the drainage and utility easement. 43. The existing storm sewer that is shown as being connected to is privately owned. An agreement between the property owners will need to be provided prior to the storm sewer connection. 44. The proposed storm sewer within Lot 2 Block 1 of Apple Valley Square 2nd Addition is trespassing onto private property. An agreement between the property owners will need to be provided prior to the storm sewer construction. 45. Provide detail or submittal for proposed Rinker Stormceptor structure. 46. Proposed storm sewer on Lot 2 Block 1 of Apple Valley Square 2nd Addition is below an existing electrical transformer. Coordinate private utility relocation. 47. Final storm sewer design shall be reviewed with the construction plans and approved by City Engineer. Landscape and Natural Resources 48. The proposed Landscape Plan only includes 1 large shade tree and 3 ornamental trees. The linden proposed to be planted outside of the property lines will conflict with the overhead wires. Only ornamental species shall be planted underneath the overhead wires. The western and southern green space areas may benefit from additional large shade tree plantings. 49. Existing trees within the Ring Route and County right-of-way shall remain and be protected throughout construction. The trees in Dakota Country right-of-way particularly were replacements recently provided by Dakota Electric. 50. Tree planting is prohibited in public drainage and utility easements. Drainage and utility easements should be clearly identified on landscape plan. 51. Incorporation of additional native plants into the planting plan in place of cultivars and native cultivars will have additional water quality and pollinator habitat benefits. BOLTON & MENK Real People. Real Solutions. MEMORANDUM Date: November 28, 2018 To: City of Apple Valley, MN From: Bryan T. Nemeth, P.E., PTOE Michael Boex, P.E. Subject: Traffic Study Review Hy -Vee Fast & Fresh Apple Valley, MN 12224 Nicollet Avenue Burnsville, MN 55337-1649 Ph: (952) 890-0509 Fax: (952) 890-8065 Bolton-Menk.com I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota. 43354 November 28, 2018 Bryan T. Nmeth, P.E., PTOE Reg. No. Date Introduction The Traffic Impact Study (TIS) for Hy -Vee Fast & Fresh (Oct 4, 2018), Apple Valley Hy -Vee C -Store — Review of 75th Percentile Queue Lengths (Oct. 29, 2018), and the Hy -Vee Apple Valley C -Store Preliminary Civil Plans (18-11-07 City Submittal) were reviewed to determine if and how the development impacts the traveling public. The site is located on the southeast corner of CSAH 42 and Pennock Lane. Overall, the TIS appears to be consistent with previous studies but minor inconsistencies in the data analysis may not be accurately portraying the true effects of the traffic increases in the area. Additionally, the lane configuration on Driveway A is inconsistent between the study and the site plan which may impact where the driveway should be located off of Driveway A. The study also did not consider the capacity needs past 2020 which is imperative for the area to maintain acceptable operations and safety into the future. Forecasts Based on review of the land use, the development results in a total of 2,054 daily trips with 125 in the AM peak hour and 140 trips in the PM peak hour based on the ITE Trip Generation Manual. These trips will be distributed between the accesses to Pennock Lane and CSAH 42. Pass -by trips (trips already on the roadways and access the site) account for a 62% reduction in the AM and 56% reduction in the PM (approximately 80 trips total during the peak hours). Public Roadway System Impacts The traffic analysis does appear to show some inconsistencies but the analysis is generally considered to be acceptable except for some of the queue lengths. This includes reported maximum queues longer for the northbound approach in the existing analysis when compared to the 2020 No Build Analysis at CSAH 42/Pennock Lane. This is also true for the westbound approach of Driveway A at Pennock Lane when comparing existing to No -Build 2020 and for No -Build to Build 2020. These are the critical queues that impact operations and safety at adjacent driveways (Driveway A and the driveway into the site off of H:\APVA\_General\2018\Hy-Vee Fast and Fresh Traffic Review\2018-11-28_Hy-Vee Fast and Fresh Traffic Review.docx Bolton & Menk is an equal opportunity employer. Name: Traffic Impact Study Review: Hy -Vee Fast & Fresh Date: November 28, 2018 Page: 2 Driveway A). Additionally, the study did not consider the impacts of the currently unoccupied commercial/retail space in the adjacent shopping area (former Rainbow Foods) to the future needs of the area. Recommendations Based on the analysis, latest site plan (11-07-2018) and previous analysis, additional recommendations are proposed. 1. Develop separate lanes for the westbound left and westbound right at Pennock Lane and Driveway A as consistent with the site plan. The study did indicate maximum queues reaching past the driveway to the development site. This will help in reducing the queue lengths that could block the access into the site off of Driveway A. 2. Move the site access as far east along Driveway A as possible. Analysis indicates that the spacing for the access from Pennock Lane be at least 100 feet. The spacing should allow at least four passenger cars or one fuel truck to not back up into Pennock Lane. The safety concern of the close driveway to Pennock Lane has the high potential to cause eastbound traffic trying to access the site from Driveway A to back up onto Pennock Lane since there is only one lane eastbound on Driveway A. For comparison, previous site plans have located the driveway on the east end of the property to allow for 125 feet of stacking distance from Pennock Lane. 3. Add a second eastbound lane on Driveway A past the site. This will allow eastbound vehicles on Driveway A to bypass left turning vehicles into the site. The row of parking spaces just to the south of Driveway A would be eliminated This does not reduce the need for the driveways into the site to be moved further east. 4. Maintain the right-of-way along Pennock Lane at CSAH 42 for potential expansion of the northbound approach to include two left turn lanes. The existing analysis indicates that the queue just reaches the driveway. Previous analysis indicates that the maximum queues would reach past Driveway A in the future as traffic will grow in the area due to this development and others. To maintain safety at Driveway A and Pennock Lane the northbound left turn from CSAH 42 will either need to be extended and Driveway A moved south of its current alignment or dual left turn lanes will need to be constructed at CSAH 42. Bolton & Menk is an equal opportunity employer. poO►SM `d1OSNNI1A1 `AD-1VA D1ddV 1SDM 1D32I1S H109 G 899L AHO±S-O 1dd`d CIVIL SITE PLAN O N V SITE LEGEND 18 Westwood Prot © SITE DETAILS (SI-OXX) GENERAL SITE NOTES SITE DEVELOPMENT SUMMARY SIGN LEGEND C O U N T Y Dakota County Surveyor's Office Western Service Center • 14955 Galaxie Avenue • Apple Valley, MN 55124 952.891-7087 • Fax 952.891-7127 • www.co.dakota.mn.us November 28, 2018 City of Apple Valley 7100 147th Street W. Apple Valley, MN 55124 Re: APPLE VALLEY SQUARE 6TH ADDITION The Dakota County Plat Commission met on November 26, 2018, to consider the preliminary plat of the above referenced plat. The plat is adjacent to CSAH 42, and is therefore subject to the Dakota County Contiguous Plat Ordinance. The proposed plat is located along CSAH 42 and Pennock Avenue (city street). The right-of-way needs for a future 6 -lane divided roadway are 100 feet of half right of way. The plat includes 80 feet of existing right of way along with a new 20 -foot highway easement along CSAH 42 to meet the 100 feet of half right of way. As discussed, the County will provide the language for the highway easement to Dakota County. Restricted access is shown per the underlying plat. A traffic study is in the process and will be reviewed with the final plat. The Plat Commission has approved the preliminary plat provided that the described conditions are met. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. Traffic volumes on CSAH 42 are 30,500 ADT and are anticipated to be 38,000 ADT by the year 2030. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder's Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County's rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact Butch McConnell regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, 44,46. Todd B. Tollefson Secretary, Plat Commission c: Phil Hoey (Hy -Vee) Dan Parks (Westwood) 7 w Vi = Z ▪ 0 • • — La.1 1.4 • • tr, ,r) > W IJ 0 vs 4 "4▪ 1 "OZP 0 ST. PAUL, MINN. 3NV7 7.7 ti County Road 42 , r - PENNOCK REALIGNMENT SKETCH APPLt VALIF ‘1,,To }{ DONN 00 o9r --- 1,1304:1 '694n pG ' ,e- in,.oY!S Gy.91.EL• �: c. 4I ._ /E6pLy9 �� : pu d-.....------- 4,-;;;;;;;.'I�1P -�' o Pis! P 0 IOW P 4 — v l ; ,0 '41 3 d H1noS, fIL9- t. ezt uW •cz S � . PENNOCK LANE REALIGNMENT ... .... ..... Apple ppl ell Valley ITEM: PLANNING COMMISSION MEETING DATE: SECTION: 6.A. December 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 SUMMARY: Next Planning Commission Meetings: Wednesday, December 19, 2018 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, November 21, 2018 • Site plan, variance applications due by 9:00 a.m. on Wednesday, December 5, 2018 Wednesday, January 9, 2019 - 7:00 p.m. • Public hearing applications due by 9:00 a.m. on Wednesday, December 12, 2018 • Site plan, variance applications due by 9:00 a.m. on Wednesday, December 26, 2018 Next City Council Meetings: Thursday, December 13, 2018 - 7:00 p.m. Thursday, December 27, 2018 - 7:00 p.m. BACKGROUND: N/A BUDGET IMPACT: N/A